The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-26

u
rial been accustomed TO ship and receive their goods in
their own foreign vessels they judged best for their
interests and SO likewise enemies goods were shipped on
board neutral vessels and pce oTsa question: there
fore very naturally under this law OF nations
70 what the rights of begerents and OF neutrals
Could belligerent seize effects belonging 10 enemy
board neutral vessel lawful prze2 Were the effects Of
aneutra found in enemies ships conscable2 The treaties
since the adoption of the contraband law well those
before it, appealed evidence of what the custom
was and IL became principle in the maritime law of ma
tons that the ownership of the goods only was TO be
garded and that enemies goods laden board the ship
OF friend were good prize, and conhscabe And what
now was the result2 No sooner had ships-ofwar and
cruisers the right by the law Of nations to seize enemies
effects in friends vessels than they asserted the right to
visit merchant vessels under the pretext OF discovering
whether there conscabe goods board and from the
right visit they assumed the right to search and from this
right they claimed that they might do just they pleased
when board friendly damage the cargo insult
and assault the officers and crew, and in short commit
any and every kind of violence Depreciation and plumber
that for the time being seemed good for them TO do.
the natural consequence of departing from that sound
and great maritime princplehat the ocean is the high
of nations who are free to navigate it either for com
merce for Once departed from, and wrong prn-
cpe made part of the maritime code and like the first
false step lie premier qui coute) OF the nebrate
and the criminal wrong succeeded another the last
deensble than its predecessor till at last the cruisers
appetite for booty had become so strong and led him to
such excesscs that there demand from all quarters
from the sovereign the prince and the merchant-that
| these wrongs should be righted.
Such sir is the history in brief of the working of that
principle which England to be the law of nations
|
governed shall have occasion to speak of again as
proceed
said there was demand both from the sovereign and
his subjects that these wrongs should be put stop to
was it made in vain. France was appealed to by the
nation whose merchants had suffered and the French court
suspended the execution of the ordinances under which its
vessels had been adudged good prize This was followed
with acts of the tenor by other natons and about
this period the United Low Countries made commercial
treaty with Spain (l650) in which treaty this rae
asserted, viz: free ships make free goods in other
words that the vessels flag decides the fate Of the cargo
And shall with what eagerness the commercial
nations of Europe FASTENED to rid themselves Of the rule of
wrong which had, perhaps become part of the law of
nations and avail themselves Of treaties by the rule of
right which the treaty of 1850, just mentioned had adopt
ed in the spirit OF the law of nations before the contraband
| Interpolation.
have list of the treaties which followed that of 1850
there may be mistakes in it but think no all Of which,
with few exceptions not amounting IN all TO half Dozen
adhered to the rule Of free ships make free goods
First in order and only four years after the rule was as
serted by the Low Countries treaty of 1850 is England in
the treaty OF with Portugal Then France and Spain
in 1863 France and the Low Countries in 1862 1918 1891
l7l3, 1893. France and Denmark in 1862, 742 France
and Sweden in 1872 France and England in 1870 and in
173 treaty of Urecht) Spain and England in 1861 1871
l7l3 Portugal and the Low Countries in 1851 Sweden
and the Low Countries in 1861 1875 1919 England and the
Low Countries in 1868 1874 The Emperor Charles vi and
Philip of Spain in 1925 Spain and Denmark in l742
4 Denmark and the King of the Two Sces in l74s Dem
mark and Genoa in 1856 The King of the Two Sces and
the United Low Countries in 1852 and lastly France and
| England in 1856
have omitted in this list the treaties formed with our
own country, where the rule was likewise asserted, as
shall have occasion 10 mention them hereafter Here then
we have presented in the solemn form-viz by treaty
the nations of England, France Spain Holland Denmark
1 Portugal Sweden the Empire Sicily and Genoa-all of
them procaimng the freedom OF commerce to their sub
ects and the abolition of those commercial restraints which
abused by pratcal usage were forced upon them as
common maritime law Of nations And stronger still viii
il appear ii include those treaties formed with the Uni
ted States We shall then have some thirty trea-
tics entered into since the year $780, extending almost
two centuries in which the principle have here contend
ed for has been expressly acknowledged and only five
six most adherng the old usage OF conhscating
mics cargoes in neutral vessels IT. then have made
self understood and gentlemen have kept the Of dates
with me have shown that tho acknowledgment by trea-
ties running two hundred years of time being the
best evidence OF maritime custom and usage the rule free
Il ships make free goods" is good maritime law.
And who first violated this rule the justice Of which the
nation itself has repeatedly acknowledged and who has
endeavored force upon law OF nations that other
rule appropriate in the ccbootcrs code by which
the neutral merchant is made to suffer twice much
the beerent? for 10 use the words Of writer on this
subject the latter has the cruisers Of only nation to
fear while the former is at the mercy OF the cruisers Of
two.
need not pause for lie has read history to
great pu pose who has not remarked that there is
nation whose policy Is supremey selfish and whose con-
duct strangely inconsistent The history Of England is
story Of wrongs inflicted upoE every nation that has
stood in the way Of British assumption What to-day Is
her great principle Of action and to which she expects the
world 10 conform tomorrow must give way to its oppo
site and simply because she finds her interests affected
thereby.
Engands principle Of action Is nowhere better cxempli-
he'd than IN her conduct this very question OF neutral
rights towards France after the Of 1893 broke
out No did she find France attacked all sides
her marine crippled and her very existence threatened
than she gave way to her thirst for plunder imPudeny
assumed the control Of the seas and asserted those bar
barrie principles Of maritime law which, during the pre-
yous Of 1880 she had acty and by the treaty which
followed In 1876 expressly, renounced and unbushingy
proclaimed that the flag did protect the cargo and that
enemies property confscablo in neutral ships Ay,
sir and cmbodened by her In this instance and
at this time she prevailed upon government by
threats by operating fears and by representing that
the democratic leaders in this country under French
influence TO yield 10 her unjust demands and do what
she pleased require Of us TO the non-cxecuon Of
RI the treaty had signed with France in iI7sa
ri regretted afterwards by government and for which
/. our only apology was the of circumstances
~Mght makes right has been her motto heretofore and il
will continue to be- long she bully other nations
into her WAYS and end her Lord Stowes ready TO shield
her acts with the cloak Of legal authority Lei Il then be
borne n mind that the doctrine Of "ce ships free goods
Acknowledged BY England in the treaty Of 1854 with
Portugal ia the treaty with France (Utreoht in lTl3-
in the treaty with Spain In l6G7n the treaty with France
in l7sGand in the treaty with Russia as late as 1901
And when Of these English treaties securing free
goods to free ships had ben violated by Of the
tracing parties when Span under the treaty Of 1861 or
rather in spite of H. which she had with England persisted
in seizing and searching British vessels what was the
course Of Engand2 Let her debates in Parliament am
swerdebates that held when she seeking not
only justice from Spain but insisting that that power
then great maritime State should adhere 10 what she
then Acknowledged and claimed the principle Of he lao
Of Rdioasyz that free ships make free goods These
debates took place nearly century after the signing OF
i the treaty, which stl in force viz in 1871 Mark
the time Here is Of the resolutions presented the
Il House of Lords.