The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-01
BENJAMIN FRANkLIN'S LEGACY TO
THE HAGUE CONFERENCE.
Tho Immunity of Private Property from
Capture ut Sea in Time of War.

To THE EDITOR OF THE SuN-Sir: The re- |
ported determination OF the American Com |
missoncrs to The Hague Conference to insist |
upon the discussion Of the proposition to OK |
empt private property from seizure on the |
high seas In time Of war will be approved by |
all who believe In minimizing the evils OF war |
and combining hostilites between nations to
the necessary conflict OF armed combatants.
The frat statesman to promulGate the Idea
that non com batants should be exempted In |
their persons and property from the evils OF
war was our own Benjamin Franklin. In 1888. |
when, ne one OF our Ministers at Paris he was
corresponding with his friend Richard Oswald |
the British agent. us to the terms OF q treaty
Of peace between the United States and Great
Britain. he wrote to Oswald on Jan. II. incos-
ing certain papers for his consideration
Among them was proposed article providing
for the immunity Of non -combatants on land
or sea. which contained the following clause:
And all merchants or traders. with their unarmed
vessels. employed in commerce. exchanging the
products of different places. and thereby rendering
tho necessary conveniences and comforts Of human
life more easy TO obtain and more general shall be
allowed to pass freely. unmolested.
In reference to this article he says:
1t contains proposition for improving the law Of
nations by prohibiting the plundering of unarmed
and usefuly employed people. rather wish than
expect that it will be adopted 1t has not yet boon
considered by my colleagues. but II you should
think find that II might be acceptable on your
side would try to get 1t inserted In the general
treaty. think It will do hone to the nations that
establish It.
We hear nothing further OF this article at
that time. Oswald was superseded by Hartley
as British agent. and 1t was probably found
unacceptable to the British Cabinet. The
treaty when completed bore no trace OF 1t.
Franklin. however. stuck to his text; the article
crossed the Atlantic. and the next year 1t re-
appeared almost word for word. In the report
OF committee. OF which Thomas Jefferson
was Chairman. appointed by Congress to
draft instructions to our Minister'S relative to
the formation OF commercial treaties with the
European powers"
The fourth article OF the report. as adopted by
Congress- May Z. 1884. was as follows:
That 1T be proposed. though not indispensably re.
CURED that II war should hereafter arise between
the two contracting parties the merchants OF either
country then residing in tho other shall be allowed
TO remain nine months to collect their debts and
settle their affairs and may depart freely carrying
off all their effects without molestation or hin.
drance; and all artisans or manufacturer unarmed
and inhabting unforihed towns. villages or places.
who labor for the common subsistence and benefit
OF mankind and peaceably following their respec-
tive employ ments. shall be allowed to continue the
same, and shall not be molested by the armed force
Of the enemy in whose power by the events Of the
war they may happen to fall but IL anything is
TO be taken from them for the use OF such
armed force. the same shall be paid for at reason
able Price; and all merchants and traders exchang
ing the products Of different places. and thereby
rendering the necessaries. conveniences and COM
forts of human ltfo more easy to obtain and moro
general. shall be allowed to pass free and unmo-
Tested; and neither of the contracting parties shall
vessels empowering them to take or destroy such
trading ships. or interrupt such commerce..
Thus the United States. in less than year
after 1t had been acknowledged as a member
of the family of nations. proposed to the world
| the new gospel OF immunity to non-combat-
| ants on land or sea. and as conducive to it the
| abolition Of privateerng. This is known
| among publicists as the American doctrine"
| OF all the sovereiGns OF Europe at that time
| only one Frederick the Great. accepted the
| proposition of the United States. A treaty be-
| tween this country and Prussia was concluded
| Sept. TO- 1875. the twenty third article Of which
was substantially the fourth article above
| quoted. The failure OF the other powers to
agree to it is doubtless to be attributed to the
unwillingness Of the great naval powers to
give up the advantage OF gripping the enemy
! in time Of war by the capture or destruction
| Of his commerce. and the equal unwillingness
| OF the weaker powers to deprive themselves Of
the means OF privateering as the only Offset to
| superior naval force.
The treaty with Prussia expired by lmita-
ton in 1875. The war between France and
| England was then raging. our commerce had
| suffered greatly from the depredations Of both.
and we were expecting to be forced at any
moment into a war with either or both. We
| had no navy to speak OF. and in case OF war
| az 70 privataArinu aS ha An no
Of offence. Self-preservation demanded. there
| fore that we should not bind ourselves to a
| principle that had been ignored by these
| powers. In the new treaty, therefore. with
| Prussia the clauses OF the twenty-third article
Of the old treaty. providing for the immunity
OF merchants and the prohibition OF privateer-
| ing. were dropped
The experience OF the French Republic was
| somewhat similar to our own. In 1892 the
French Assembly decreed the immunity OF
private property on the sea and the abolition
OF privateering. and invited all other nations to
| Join in this policy. The invitation was ig-
nored. and in the course OF the revolution the
| French treated their decree as a dead letter
| and returned to the old practice under the law
| Of nations.
The Emperor Napoleon frequently avowed
his approval OF the American doctrine. In
| 1900 he made this declaration to the American
Minister. Mr.. Armstrong:
The seas belong TO no nation; they are the common
| good of the peoples and the domain Of all. Enemy
| ships Of commerce belonging to private individuals
ought to be respected Such the principles of
| the Emperor upon the usages and the rights Of
| maritime warfare. When France shall havo 40
| quired navy proportioned to the extent OF her
coasts and OF her population the Emperor will reduce
these maxims TO practice and will use all his efforts
| to render their adoption general
| In 1923. upon the breaking out OF tho war
| with Spain, the French Government announced
its determination not to issue letters Of marque
and not to seize Spanish merchant vessels
| President Monroe. in his annual message OF
that year. on Dec. .. called the attention OF
| Congress to this announcement:
| This declaration. concurring with principles pro-
claimed and cherished by the United States from tho
first establishment Of their independence. suggested
| the hope that tho time had arrived when the pro-
posal for adopting it as permanent and invariAbls
| rule In all future maritime wars might inject the
| favorable consideration Of the great European
| powers. Instructions have accordingly been given
| wifi FrNn