The Washington union., 1857-05-02
THE PROPOSED CHANGE IN THE LAWS OF WAR
10 General Le,ois Clss, !Secretdyy Of STATE.
LETTER II,

II,
SIR In the former letter that you permitted the
honor of addressing to you this subject endeayored
to show that the United States ought not TO concur in the
abosment of privateering begerent right in the
terms dictated by the conference at Paris propose now
to consider
H. Ought the United States concur in the Paris dec
laaton proposed Be modified Jy e late Secretary Of State
and does that proposed addition make the declaration
more recommendable, or less as "a measure OF Amer
policyi'
The adoption into the beligerent code of the naked
declaration have not thought would have the elect To
prevent the of the merchant marine of country for
the purposes of war, only to change the manner OF its
hence that it would not place the United States at
very great disadvantage in the prosecution of hosti
ties at relatively with the of other mari
time powers since they, as well as an enemy, could
commission their merchant ships yessels-owar The
general objections TO the simple declaration two first
that though it processes to be sin the interests of human
ity and entitled TO the gratitude of tile whole world
it would operate to make maritime warfare severer and
blooder and costier and at the time less effective
second that would introduce additional immortality
into the conduct of international hostilities by compel
ling the subterfugc of naming national vessels, YES
sells that would be in fact privateers The special OBJ
ectionhat IL, the objection in addition to those
raj objections the score of humanity and truthful
ness-that ought to affect the determination of this
public in the premises is that the adoption of the dec
aration would compel it to change in large degree
the character of its begerent and adapt them
the requirements of dynases that govern States in
stead of to the ideas of people who govern and when
comes wish to do the fighting for) themselves and
if that object was not the very motive of the decara
tion" it would be refreshing to memorandum of
the councils by which it arrived at or that some
friend of it, at home abroad, would point out what
other purpose desirable to any human being it could ef
feet This is in the supposton that maritime Powers en-
gagged in would not foego the use, in FORM of
the for hostties offered in their merchant
ships Were the proposition adopted in good faith, and
carried out to the apparent intent of its words that
private vessels should be precludcd from hostile equip
ments and operations either privatecrs under the
subterfuge of commissions into the government esab
shment it would bein another way disastrous to our
country 1t would diminish the relative amount besides
changing the character of its begerent Only
therefore, in the certainty that the nbterfugc have
toned would be rcsorted to could the United States find
the Paris declaration toerabe consistent with their
equality the power capable of becoming
active bclligerent
The modification proposed by Mr.. Marcy presents the
plan ina plausible shape 1t contempates the ex
empton of merchant ventures, except contraband OF
war - from capture the high (meaning by high
those parts of the that not recognised
belonging the special jurisdiction of the nations that
border them by national vessels well by prvaeers
This is recommended under the plausible sug
gestion of making private property the great oceanic
common free Of the penalties of modern usage has
made private property on land The suggestion is fa
lacy The reasoning that applies to the case does not
apply the other If it did, the point is not necessary
to this part of the argument because Mr. Marcys plan
would be far from ehecng the suggested purpose. 1t
does not provide for the exemption of private property
either the high in any place where it floats
1t leaves in force the right of bellgcrents to blockade
each others ports and the right Of blockade carries
with it the right of capture in going into or out of port
1t leaves in force the right to overhaul commercial
vessels, whether of enemies neutas to search for
'contraband" goods; and that without defining what
goods shall be counted contraband suggesting any
other way to avoid the recurrence of those "deplo
rable disputes 50 cclingly amentcd (but carefully not
provided aganst by the Paris conference: For any
purpose of preventing damage TO private property the
interruption of private enterprise on the seas the meas
1na Ga,r tc ftrn,
1t would increase and largely, TO Stae that in its regu
lar establishment should be powerful for maritime the
of annoyance to and the prevention of
it, if not for the destruction of property; because
eved of the necessity of conveying defending its
chant marine State situated would turn its entire
val force to tho blockade of IN epemys harbos and the
annoyance detention, and prevention of his
and that of his friends ON the open seas That the pow
for offence of State that maintains great naval
tablishment would be increased in the proportion that its
necessity for defence diminished Is plain alb
stract proposition that 1t ony needs to be stated What
then would be the result to the special interests the in
tercsts and position of country which in
trusted sir in large degree toyour high Office That
is the point OF view in which an American administm-
tion American Secretary and American citizens ought
to examine the matter not what would suit the pur-
poses OF any dasy OF any diplomatic representation of
dynasties, but what will suit the views and comport with
the institutions and policy Of the American people 90
to prevent their collision with any trans oceanic State
and, in case of such collision, to them the ability
of defence and offence according to the
agreeable to thslr ideas apd training ad most formidable
to the enemy.
Mr. Madison, in his message TO Congress of June 1st
1872 and the committee Of the House of Representatives
to whom the message referred charged that the pur
pose of the ontrages maritime rights which led to
the last war with Great Britain was TO wound this coun
try as a 'commercial rival and establish monopoly
of commerce and navigation and ''domnion Of the
ocean" The same imputed purpose was believed by
many persons TO have been at the bottom Of measure
fhe proposed Quntupe treaty that II was your good
fortune sir, some fifteen years ago, TO be in position,
by your saSaeity and prompude, TO defeat What has
thus been charged purpose the adoption of Mr. Mar
cys plan would accomplish fact in the United
States should have the misfortune of with England
and France, either of them Our and nayi
cation would be excluded from the our merchant
rot at the wharyes and naval architects
be compelled to other pursuits fisheries DESTROYED
whalers unable TO bring in their cagoes driven even
from the remote where they prosecute their hardy
enterprise and, with the decline of the callings that
have produced them, would OF course decline the spirit
and skill that have given OUR seamashp and the craft of
our shipbuilders their acknowledged superiority All
this would result from the simplest Of processes
shutting up our ports by blockade,
The United States, il Is true have the advantage of
long limo Of coast ndented with harbos as that they
---V shut from tho sea, But the naval arma
cannot be e,-- ~ moi OF Enq,and o,n,,o
ments of England and Franz, ''o s..a,
they at this moment exist, (and they are cos,s'y
being ncreased equal 10 the blocking of every port
on our coast from the st Johns to the Rio Bravo and
still keep at force enough TO wany stray vessel
that might venture well the commerce of neutras
and break up their voyages under the pretenoe OF search