Pagan. In America, the construction of the armistice has
been almost universally to compute the places, within which different
times were to prevail, by latitude only. Am I misinformed, that such
an interpretation has been pressed by our ministers, and not denied by
those of London? A second mode has been adopted, by describing a circle,
and thereby comprehending longitude as well as latitude: now let either
rule be adopted, and the position of the capture in this case will be
adverse to Pagan's pretensions.
But what can be exacted from our government, after repeated trials,
before various jurisdictions, none of which can be charged with any
symptom of impropriety, and upon a subject, which, to say no more, is at
least equipoised? Nothing; and I appeal to the British reasoning on the
Silesia loan, as supporting this sentiment, in the following passage.
'The law of nations, founded upon justice, equity, convenience, and
the reason of the thing, and confirmed by long usage, does not allow of
reprisals, except in case of violent injuries directed and supported by
the State, and justice absolutely denied, in _re minime dubid_, by all
the tribunals, and afterwards by the prince.' Where the judges are
left free, and give sentence according to their consciences, 'though
it should be erroneous, that would be no ground for reprisals.
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