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'H'-^-'^A ^0^^ 'P J t i 'Mi ■\ t> t S C O U R S ON THE ■ ^;- , (I C 6 N Df tJ C T OF T HE Government of Great Britmn, in- KISPICT TO NEUTRAL NATIONS, ^•^RITtEN IN THE YEAR 17 58, By CHARLES ^ENKINSON;Esv Now EARt of LIVERPOOL. A NEW EDITIOI^; -LONDON: FRII^EP FOR T. CADELL, JUK. A«l> W, ftAVIBS, IN THE 8TRANB. 1801. m m ^•'i Lake Haafiurd, Pnnler, Cam Turaftil^ UaGOlB*i.liu Fieldi. 1-* :■ . * t ilfr 1 1 11 1 iffijli- 3-=aB P R E F A C E, TT having been reprefciited to nl0, that -^ tht circumftances of the times^ and the (]ueftions now in agitation, had in^ ddced the t'ublic to call for a neW editioil of my " DlscouRSfi on the Condugt* of ** 6reat Britain, with refped to Neu* ** TRAL Nations ;'* I was at the fame timiB defired to fay, whether I would now think it proper, to make any corredioni^ in what I had formerly written on that fubjeA,— -Three-and-forty years have now elapfed, iince I £rft compofed that treatife* I have, on the prefent occaiion, again at- tentively perufed it, and, after the fuUeft confideration, I ftill continue convinced of the truth of every propofition and argii^ ment advanced in it : T have of courfe ab-* ftained from making the froalleft alteration 9 in 7988 ( .11 ) in any eflfential point ; but I have correS- cd theftyle in fome parts, where a more mature judgment has induced me to think ' the exprefliops not fufficiently accurate or forcible. i As the claims of neutral nations, parti- cularly of . the Dutch, during , the war which, commenced in 1756, gave occa- fion to the following treatife, the fads then iu exiftence are neccffarily ftated in it, though they may not have any imme- . diate reference to the prefent times : the reafons, however, on which I founded my opinion in many of.thefe cafes, apply to fimilair fads that have lately happened, ,and will therefore contribute to aflift the reader in forming his judgment conq^rning them; befides, I did not think, it right to icr^fe any thing froma work, of which the public have long been in pofTefHon. ;.;'?"p bv.j^ ^ . ■ ■■ 1. , . V I muft however confefs, that I was in- duced to authorize the republication of thi* amorc y think ' urate oi 5, parti- he war ^e occa- the fafts ftated vx y imme- nded my apply to appened, afliftthe nc^rning t right to hick the )n. I was in- Lcatioji of tbi^ this work from a motive^ which apfjeafed to be in the prefent moment of great im-» |)ortance: Iwiihed to fhew that many of the claims of late years advanced by fome iteu*" tral nations, had not occurred toan]r Writef on the law of nations, at the time when thid difcourfe was written and publifhed ; and that thefe claims were not even in the contemplation of thofe powers who re-» fifled the maritime rights of^ Great Bri^ tain, at the . period when this work firft appeared. — It was my intention to have given a fhort account of thefe new^ claimsj and of the tranfadions to which they gave birth ; but the prefent infirm ftate of -my health has difqualified me for an under- taking of this nature ; and I find that this fubjed has been treated with compe- tent information, and great judgment, in a courfe of letters, figned Sulpicius, firft publiflied in a morning paper, and fince coUeded into a pamphlet, fo that ?iny [thing I could now write would be ufelefs repetition. a 2 In ' ( > ) In additioii to the pubUc docutocfiCi which have appeared oh thefe occafions^ and which have been lately 6olle£ted, and reprinted*, fonie pamphlets ha/e al£> been publifhed at Copenhagen and Paris, writ- ten probably not without fothe degree of authority from dieir refpedive gcrvem- ments, in fupport of the prefpnt claims of neutral nations; which evidently fhew> that the enemies and rivals of this country, finding they were no longer able to refift the^^rat ftJperiority of our naval force, which has been fo tonfpi^uous during the prefent arduous conteft, are determined, if poflible, by efkblifhing ile>(V principles of niaritime law, to fap the foundation of our maritime power and glory^ The au-» thors of thefe pamphlets appear difpofed no longer to refort to thofe fources and authorities, on virhich the rights, either of neutral or belligerent powers, have, hi- therto been underftood to be founded; they * See a Colle£Hon of public AAs and Papers rdating id the Principles of the Armed Neutrality ; priitted by A. Strahani fof J. Hatchard, 173 Piccadilly} i8ot. 1 i ^ ) they feem indeed thereby to confefs, that their claims cannot on this ground be de- fendedi and to admit, that the principles pf maritime law, laid down in the following Work, cannot be controverted : This Work, fooQ after it was publifhed, was tranflated ihtoalmoft every European language, an4 I has never, as far as I am informed, received '\ an anfwer. It is fingylar, that though (6 niuch has of late b^n heard in all politji* cat difcufHons of natural rights, thofe Who now iland forth in defence of neutral na- tions, appear to rejedt all the prinpip}es of the law of pature^ founded pn the right of felfr defence, Co far as that law i& applica- ble to th^ pondud of natioi>^ in ^eir con- tefts with each other. * They pay alfo no attention to the rc- fp{i€tcd authorities of all ancient writers on the fame fubjed,' fuch as Orotius, Puf- fendorfF, Bpkerfbopk, Vattel, ^d many others, becaufe they find that thp deci- fions of thpfe writers are uniformly unfa- a 3 vourable ( vi ) vourable to their pretcnfioDs : They pay ai little attention to theprinciples, which h^vp imniemorially governed all courts of nU"* riticqe jiirifdidion through a fuccefllon of 9gp$i,.;iod which have been handed down aa^a feries of record^} or authentic dpcu^ mentSy publifhed during the CQurfe pf mapy centuries } infhorti they appear de-r terinip^drto eflablifh a new code of ma? ritit^e; jurifprudeqcje, better adapted Xq their Qwp view^ and prefent intereft« ; an4 they wifli> therefore, to have it unr^. derftood, that there are no maritime laws, but fufh as are founded on compaA or (^pnventiQUi that is, on treaties made be-^ t^yeen^ tl^q refpedive coptrading parties .--i With this view, thefe enemies and rivals of the naval power of Great Britain have en%. te^d,! into. treaties,^ laying down certain rules, wbi^ they wifli to hayyhat manner we (ball in fur t^re be at liberty to ert^plpy it^; for they know that then,: and then only, they can en^prtain any hopes of being able to re- fifi the nayal power of this country. ,,,The , writq^s before-ri^er^tioned have, therefore, >not; pi)ly in{ifl;« force : in fhort, fuch a qkim, if it were to be eftablifhed, would have the eSt^k of preventing ^U capture of mercantile vefj^s belonging to neutral ftates, though the]^'^ tmy; be carrying enemies property, or even Ccmtraband goods ; it would have the ' effcd:of giving a right to a goverhmenti cdlltig kfelf irautral, to protect the pro-^ pcriy of Ae fubjeds of both the beHi- g^reftt pewters ; a r^Brf, however, which would probably be exercif^d only in favour I: of that power whofe intcrefts it may wifli tl»'pr6mdt^i^— If no examination is per-? mitted- of 'mercantile fhips failing under ponv^j s^U the ftipulations in fubfifting treaties,' which authorize the detention and papt^reof contraband articles, Aich as mi- ^ litary or naval ftorcs, would be thereby an- nulled or rcTndered' nugatoiy ; and from henceforth, every belligerent power muff jreft wholly on: the gogd faith of the oG- ficert I ■ lieeir« of ;:a ncutraljg^werfitt^;^, K 1^^!^^ t^$^ aid ^^ve^ to :€ncpi|ragei,i;f9^6ai0n^t tlie ^oft; iiijuriQias tp a h<4Ugc^pnt ftat^ -in j a^^;qi(>tQft5jKnot mefejy fbrtitSThpnp^r,^:^ i^pref^rva^ion ; ilvi8is:ertsan,'2that: if thiftx 4p^MeM a4w^4>^^J'^ ^"^^'^^ "^^y lf;i^4^iil$: fl%i ajQd; by^hpifl^ngfitvon board ^.^ ciHtiBT ptt floop, n^jr prot^^d?jyij^upibisrr o£ifcips,}|jider its cpnyoyy frois5^i|ll 3 . portS| I ' - ■ * . ■ ports, wi^h fpmucL modciratbn,^^!^^ ]Priuini-~It muft, hp^ever>. be acfoiow-f, Icdged, that the fad, wh^the;^ a.por|v l^f blockaded or not, may/regpeiuly. be i queftion of difficulty, but it.can pnlj jbq (Jpcided l?y the jwrifdidions,. totM^hiah all qi£bs.of |hi$, fort have luniverfallyatid ivori ^ . ..:oq -t0tm«?. ■•;■■■■ ^ •■ ^ '*,■ It has e^er been the anxious wiih of the government qi this kingdom, that the o|Hce of Judge of tl]^.B|:ili& High; Court of Admiralty flipuld befiUei| by a civilian.^ of ^ the greateft knpwled^ and integritpy ; and the duties of th^ inpfl; important office, have at no time < been more eminently difcharged, than by the. diftiaguifhed perfon who now prefid^ in th^t coiirt, and who, fipm a con virion of the re£|:itude of his decifions, has fuSeiied them, tpgether with the rea(bn$ on which th^ are founded, to be publifhed, in or- d^F that the world may determine on the truth of thofe principles which, on all occa- I^QQS, ii!^i|u^n^^ ^d guide bis judgment. A French ^:#^ ( xn ;i|r A French writer* has earned the claims of neutral nations ftill further : — he pro- |)o(es, as a maxim to be adopted in fa- ture, that all capture (halt hereafter ceafe j his Words are, " La courfe eft abolie," andthen he adds, ^^ £n terns de guerre •* la ibuveraint^ de territoire eft tranf** ported avec tous &s droits fous le pavilion des etats qui ne prennent point de part •* ^a gtierre." t Prbtji thefc expreflions it may fdrly be rcd^ tb be the objed of this writer, aiici ofthofc who employ him, that the dbtention and capture, of fuch ibips only as belong to neutral nations, in time of war, fliould wholly ceafc ; I think it miift be allowed that this propofition, fo inter-' p^eted,-isf wholly ri6W, for fuch a dodrihe Will prevent the capture of all contraband goods, as well as the property of the ene- # . my • See a Pamphlet, emitted, de l*£tae de la France, a la Fin de Tan 8*^ a Paris, chee Henries, rtte de Ja Loi. Tlii« Pamphlet is fiud to be written by. Citizen Hauteirive, who is em|dloyed by the French Government In the Dtpartment of die Secretary of. Statv kr Foreign Ailairs. ■ . HJl ( 4*4 ) my found on board neutcal 0up«. . If -Ttlicii adodrine were to be admittedrcmebpaiich of the naval power of this cdnntry will be in a great meafure annihilated; for in all maritime wars, the people arni iii^thdt own defence, and it is not the government alone, but individuals under the autho^ rity of the government, who arm and equip veflek. againft the enemies of their country, for the purpofe of reducing them to reafonable terms of peace ; the means they employ are, the capture of all the property of the enemy, and the deftrudion of his commerce, carried on under any pretence or difguife whatfoever. The principle alfo, on which this dodriiie is founded, i& as novel as the do&ine itielf t for it is pretended, that the right of lo-* vereignty belonging to each neutral date, (hould be transferred to every merchant veffel employed by the fubjedls: of it. It has hitherto been underflood, that there can be no fovereignty exercifed on the If ^■ (9^ ) Ihttiii le^ or 'ooBd^;.$hat the feat i& t^ cottilJ^fl toad of the univerfe ; that the . kW b)r vtrhitih all tnlnfa€Hons are thiere tO; be tegulated^ is the law of- nations, that is, the law of liature, fo f b as it is dpplitable to the^ condu6t of nations^ d^ inly {>artiuel^ conventiobs by which different flates may have bound them-^ felves $ fuchj iSX leaft^ are the principles which all emiherit writers have hitherto acknowledged. If this fort of floating fovereignty were to be admitted, I wifli to know in what manner piracy and murder Upoil^^the main fea are in future < to be pifevented or punifhed. — Is it to bpun-; detftobd, that the punifliment of thefe Crimes i^ to be confined, under this pre-^ tettce of fovereignty, fdlely to the jurif^ di^ion of the governments of thofe coun^ tries, to, whicii any fuch fliip may bappeii to belong ? I need not ftkte, what would be the tieceflary comfequences of admit*' ting this do6trine into any code ofmariU' tiraie jurifprudence. : , . Th^ cc ( XV ) >*rhe next principlcf ti^hich this Frcntli li^fiter ^ endeavours ta>eft^li(hy is (tf^aftiU liipre extraior^iny nature; he proceeds lo %y, ^y £n terns de paix, la navi^tion ^^id^ peuple i peuple .eft, aiFranchie de ;¥:tQUte)i| loi de prohibition ; il a'y aura ^ ' d'exception cpj^c relativement au cabotage fi'qn port k Fautre, apartenan;s au m&me pays, et ilia liavig^ion entre les color "nies et leur metrppole/V This aioft prefnmptuous attemptto regulate the domp- merce of other countries, has indeed no reference to a ftate of war; in truth, it lays down a dodlrine which is to govern j^l nations in their conunerciaL intercourie 4ur^ng iif»e iff peace : It interferes with the exercife of a right which belongs to every fpi^ereign upon earth ; for it prefcribes a rvile, by which its commerce and naviga- tion Ihall in future be regulated :— -The writer, however, admits of two exceptions, which are in contradidion to the very ' principle advanced by him, and fo far he , clearly • Sec the French writer laft quoted. 1 I I' , t,:; k- ■ I ( «*i ) tlearly .ftcknowkdges the right of every NKyveraga to inafc^ reg^il^uJons of this ii«^ tui!b^ for beit of opiiiiofii that this rule Ihould not extend to die cabotage, oir coaftitig trade, ft om one port of any couii^ trj-to another j^t of; the fame countr)^| or to the commerdal intercourfe betweeh any country md its cdonies. I eanndt help obienringi thai theie tvr^ exceptions apply to branches of commerce, with ric^ iped to which alone, the French govern^ ment has ever beeii able to make any i^^ firidive regulations in their laws of navi^ gatioo. It was once indeed the inteiHioil of their great minifter, Monfieiit Colberf, to adopt, with refped to the i(hi|>pihg in which the European commerce of France is carried on, regnlatbns fimilar to thofe to which the commcice and navig^tioh of Great Britain with the other countries di Europe are now fUbjed; but he found oil enquiry^ that the mercantile vtilels of France were'^mot adequate to the carria^ of the great quantity of articles, in which that that kingdom thbn dcald with othet Eiml^ pean natiopsy in confequenoe of di($cx(Qii4. fivetr^ alread}r^aGqui])e4:rader theptvh tedion and entouragcaienity hf ^hicb te kidfuccefsfuity (xromoited the manufaftufca and general comioasrcs of his countxy : ib wa& convincedi thereforci that the coa^ merce df Frande would be reflsraiiKd and diminiflied, if he endeavoi^fed in this waaa^ net to encourage and Increafe its' meDCftn«i tile marine; he reUnquifhed, on this ac* count, his defign^ preferring the interefti oi Commerce to thofe of navigation t It is evident from hence, that the propofitHiQii now advanced, is nothing Icfs than a dired attack on the Britifh law&of navigationi with a view to deprive Great Britain of aa advantage, which France is not ! qualified to enjoy. — The principle on which thefe laws of navigation are founded, and which is thus attacked,^ is no lefs oon«* fonant tojuftice than to true policy; In iti utmoft extent it goes no further than m ^ftablifhas a rule, that the trade between b l?re^ n .11 i ( Jtviii *) Orttttf Britaiii^nemd all the countries df . But^ypCi fhaU 'be carried on :only in fhipat eiffa^r belonging to Great Britain^ or to tlvofcj belonging to the country^ from which atiy iardcle may* be imported ;. and not to fiHFer HoUaod^i ibrany other power» to do-^ riffean ddvantagp.from becoming the car-* tierS) . in a ^ comilnecGial intercourfe with other cduntnesf, in which, they have no right ta be. concerned ; ofuph was the rule generflilly adppted in the law; whic^ was ' fixfti enaded forthis purpofe in th^ mid* die of ! the {eventcenth century, during the ufetipation of CromwelU-*-Whea this law iiratijre-enadediat the reftoratioily feme modificationi) ov exceptions, were trndcy Hirhich fiibfift: to -this day. - . w 'bi^MiiL- ■ :m-m '"■ ■ .- .- >■ ^ ' ^liil'his wife fyfleln of policy miy be tocedback to as early a period as the reign of Richaird^ the Second, when two? tewslwere paflcdy founded on the principles ijefaai-mcntionfcd.i It is . not furprifing, w^r-fntfd ^ihiiU ^dl ?i :!:! ■ ,iii .. • . that * . # 3h Richard the Second, flal. i. ch. 3. 14th Richard tbot Second, ch. 6. 6t 4 be the pies ^hat Ird tba ilfoX during the civil wiirS} whioH pre^!^ y^d for aln^pft ^ c^pt^y^ fubfeqiieiit; to the death of .t)iat unhappy prince^ no fuftner progrefs, (hould haye been made in ex tiding and con^rming this fyAemy bu]t as foon as the contel): between the houfes of Yorlc and LancaAer was at ai^ fnd, by the acceHion of Henry; the S^ventl| to, the throne, it was immed^tely refunded by iJii^ wife monarch*, who, exprefsly af- figns as a reafoii for pailing a law for this pufgofef, that it was to " prevent the dc^ q^y^.pf^he i^avy bf the reairn.*' Qu^en Elizabeth % firft affumed the right of cori- fining the coa(ling trade of the kingdom ta^P>ritiih ihips only ; and t|i,e fyfteih waa brought to perfe6lion by the famous a£t before -mentioned, paiSed in the year i65i^, I have given fome account in the following difcourfe of the caufes whicK induced thpfe, who then governed this country, to pafs this meqiorable law, and of the Gonteft which it produced with the Si^i.v' • ift Henry the Sev.enth,ch. 8,- t 4th Henry the Seventh, ch. lO. t 5th Elizabeth, ch. 5, fee. 8. b2 Republic 11 :> !A I ii I • ( *i ) fibtiglit th^r kd 1 right fd b<; thecarrien of m cK6 World, ahd to raire ^liemfelves, by l^tie htkhiber of their (hips and (kilors, to a Ac^te b{ maritime fupcriority, which it iiris iibt at tk^t time caiy to refill.— It coft Ijreat Britaiii iiafty fevere cohflids to af- Arto the fight, ^hithfhe had thus affcrted ^d ^ftabllfhisd, i^d of Which it is the in- tention 6^ the enefnies of this country to endeavour now to deprive her; all the Taws which have fince pafled on this fiib^ je(^, t^re merely in affirihance and fupp6rt of tbi'trfiriciples eftablifhed in what is cbftimbrily called the Aft of Niivijgation. This excellent fyftemof laws has in truth been the fouhdatibn of the great li^val power, whicr: this kifTgdom at prefentpot fcfles, and on wbich her fecurity depends. The reader will fee in the following dif^ courfe, the Ibw ftate of the mercitttlle flipping of Great Britain, previous to the paffihg of the ad of navigation, on no lefs authority than thrit of Sh Jofiah Child. All the world knows to what a degree of ^*^'- maritime ( «i ) maritime pre-eminence Great Britain h^t fincp giddually rifen, by the operatioQ, and under the influence of the law V^or^men'- tioned. By the laft account th^t was tak^n of the Britifh (hips regiftered in the dif- ferent parts cf His MajeAy'« dppinions, it appea'; :L't the number of mercantile vqQAs owned and navigated by Britifii fiibjeds, amounts to 17,295 ; that their tonnage amount^ to nolefsthan 1,666,481 tons ; and that the nu^iber of men, by which tiiey are navigated,. allowing at an average one man for every twelve tons, amounts nearly to 129,546 men. /This is certainly the greateft mercantile marine belonging to one nation, that ever exifted in the world ; it is the foundation and fupport of our military marine, and con- fcqucntly of oux naval power. I am fcnfible of the abfurdity as well extravagance of many of the claims which I have thus endesrvoured to combat : but I t^ipught it right that the peoplp of this b I Country { xxii ) ' Country fliould be apprized of the extent of thefe claims, and of the attempts that are now making to imdermine' and deftroy that maritime greatnefs, which is the pride and glory of every Briton, who loves hij tountry, and in which he trufts with con- fidence for fecurity againft France and all- her allies ; while many of the other nations of Europe are fubmiffive and crouching to^ the power, which that republic has lately acquired by the fuccefs of her armies oi^ the continent-*— ;4>>-^*.., Cecidere animi^ nee jam ampUus armis, Sed voTiSy pREciBVsq^E jubent expofcere pacem, )■- -rt '^-^ V '^ ViRCIL. EnEIO. lib, 3. I have faid already, and will ag^in re- ppat, thgit it is the intention of the ene- mies and rivals of Grqait Britain to fap the foundation of our naval power, becaufe they are no longer abl^ tp refift it ; they wifli to diminifli the foiirges of our mari- time greatnefs, by obliging us to repeal pur laws of navigation j and to r^ftrain the i\]\\ exercife of fo mi^ch of it, as they may ( xxm } think prop^ to leave us, by forcing us to* adopt a new code of marttime law.-— 1 amc aftonifhed that other nations are not fen-- fible of the confequences which w6uld naturally refult from their fuccefs in this- attempt, and that they Ihould blindly contribute to place in the hands of the fkme government a decided fupcriority by fea as well as land, which would necefla- rily terminate, as it did, when Bpme was at the height of its power, in the fubjuga- tion of mankind. n : ■ Independant of the arguments already adduced in fupport of the rights, which Great Britain as a naval power claims to enjoy, there is one circumftance which ought to convince every reafonable man, that (he has always aded, and ftill conti- nues to adl upon the true principles of ma- ritime law ; for her condud has ever been uniform, and her fyftem always the fame ; while the other nations of Europe have of |ate years varied their fyftems, or ^t leaft b ^ |hei| n'TT V rJ 'II a :' !* ( xxiv ) thfcir pradice, as motives of policy or of itittrcix have appeared to require.— In all fituations, whether neutral or belligerent, 6reat Britain has never departed from thofe principles, which flie now afferts ; In a moment of great difficulty, when en- gaged in a war with her own Colonies, and with France and Spain, though prcffed ty thofe governments who were parties to the armed neutrality of 1780, (he never could be induced to renounce any one of her maritime rights, but on the contrary even then afferted them *: In two or three inftances fhe has indeed confented to an dx- prefs ilipulation in her treaties with other powers, that free (hips fhould make free goods, perhaps unadvifedly, but always in cafes, where her interefts could not fuffer from the conceflion :— It is true alfo, that France, as well as all the other ppwers of Europe, formerly aded upon nearly the fame fyftem ; The ancient ordinances of France f See the Declatation of the Government of Great Britain to fluffiaof the 23d April 1780— to Denmark of the 25th July 1780 — to Sweden of the ^dAugufl 1780. ^ ( XXV ) France are upon the whole in conformity to thofe rules of maritime kw, which Great Britain now maintains; In one or two points only, thefe ordinances eftablifh re- gulations lefs liberal : But from the time of the armed neutrality in 1780, France has thought it right, from motives of policy, to purfue a different line of con- dud ; — To gratify and allure thofe Go- vernments, which were parties to that armed neutrality, France then firft began |;o profefs her attachment to what flie called the freedom of navigation, and to (declare, that flie would maintain the rights of neutral ftates, as they are announced in the declaration of the late £mprefs of JlufHa *.— In the prefent war, thofe who have fucceflively exercifed the powers of government in France, have, in their con- dud towards neutral nations, varied their fyftem with almoft every change of go- vernment ; • See the Anfvirer from the King of France to the Declration of the Emprefsof Ruffia, April 25th, 1780.-866 Declaration of thcEmprefsof Ruffia to the Courts of London, Verfailles, and Madrid, March 1780. t • 1 * ( xxvi 1^ vcrnment ; they have at no time however aded upon the principles of the armed neutrality before-mentioned,, till oif late^. when, from obvious reafons, they are be- come zealous to eftablifh the rules of that convention which has lately been figned by the Northern Powers.— *The merchants of the United States of A me- rica complain, that they 'have been robbed, during the courfe of the prefent war, of nearly /^. 5,000,000 of property by the outrageous condudt of the French cruizers, contrary to every principle of maritime law, and to the exprefs ftipulations of treaties ; and in a late negociation, the French Government has contrived to evade any ftipulation, or engagement for the prefent payment of this debt.— In 1797, the rulers of France ordered that all neutral fliips fhould be taken and con- demned, in which were found any Brltifh produce or jnanufaEiures ; and upon this principle they have continued to adt, 'till tlie prefent moment, when they hav^ thought; i ( xxvii ) llibught it fc^ their iritereft, to affume an appearance of moderation. In Ruflia the fyftem which has. pre-i* vailed, in praAice at leaft, has alfo been contradidlory to the principles afferted in the convention for an armed neutrality, in 1780.-— -The late Emprefs Catherine the Second was of opinion, that any re- gulations of this defcription, in favour of neutral commerce, fhould not be extended to the fubjeds of the Ottoman Empire, which fhe afFeded to confider not as a ci- vilized ftate, and not entitled on that ac- count to any privilege, contrary to the ftrid laws of war. For a reafon fome- f - . ■ • thing fimilar, fhe was alfo of opinion, that the new rules of maritime law which flie had adopted, did not apply to the fubjeds of the lately eftablifhed Republic of France, whom fhe termed mifcreants, afTerting that they had overturned all the jiuties which ought to be obferved towards jjie Almighty, as well as their Sovereign, whon^ f^l ll 1 c< cc <( f ( xxviii ) whom they had deprived of his crown and life ; and for that reafon the £mpre{s entered by treaty into engagements with the Britifli government, not only incon-" fiftentwith the convention of 1780, but of a diredly oppofite nature ; in which treaty * it was ftipulated that (he would ** unite* with us " all her efforts to pre- ** vent other powers not implicated in this war, from giving any protection whatfoever, diredly or indireBfyy in confequence of their neutrality, to the *' commerce or property of the French, "on the fea, or in the ports of France :" And in execution of this treaty, flie fent a fleet into the Baltic and North Seas, with ^xprefs orders to her admiral + to fearch all Danifh merchant (hips failing under convoy. \ and as late as the year 1799, her fon and fuccefTor, Paul L ad- ing upon the fanie principles, adually threatened * See the Convention between His Britannic Majefty and the Emprcfs of JRuifia, figned at ^ondon the 25th March, 1793. t See the inflrudlions to Admiral TchitchagofF^ of 24th Jul/, 1793- H. crown mprefi s with incon- * io, but which would • 3 pre- :ed in tedlion fyy in :o the rench, tice :" e fenc Seas, t to ailing year aa* tually tened arid the 93. . hjuly. ( xxix ) threatened die Daniih gdverhment with immediate hoftilities. on account of its partiality to France ; one {ythptoBk of which, he ftated to be, that the Danes gave afliftance and protedion to the trade of France, under colour of \ht Danifh flag :— And the execution of thefe threats is fiid to have been prevented by the in- terference of Great Britain. federates, has been engaged in only one war fince the fignature of the convention for an armed neutrality in 1750 j and yet according to the evidence of the D^iifli civilian, Dr. Schlegcl*, the governnient of that country then violated the very fyftem of neutral rights, which as this Danifli writer obferves, it had heretofore " fo " laudably and valiantly maintained :"-— And in a convention made between Den- mark and Sweden in 1794, thefe powers declare • Sec page 17 of the Englifh translation of Dr. Schlegel's work, before referred to. ih III in I I'i ( 5CXX ) declare; " that ♦ they do not claim aii^ ^* advantage which niay not be clearly " founded on all-their refpedive treaties " whatfbever, with the different powers, ** dt war ; ' ' and they alfo " reciprorally ^* bind themfelves to each other, and to ** all Europe, not to claim in fuch cafes " as are not expreffed in treaties, any, ad* " vantage that may not be founded on the " univerfal rights of nations hitherto re- ** cognized, and refpe^ied by all the powers " and all the fov^reigns of Euppe/'-rri Now, in the treaties ftill fubfifting be- tween Sweden as wdl as Denmark) and Great Britain, there are exprefs Aipula* lations diredly contrary to the principles eftabliflied by the conviention for an armed neutrality in 1780; and the principles of this convention, as well as of that lately figned, have not yet been " recognized by " all the powers, and all the fovereigns of ** Europe ;" — They certainly have not been recognized by Great Britain, If * See Articles II. and III. of the Convention between Sweden ant] Denmark of the 24th March, 1794. re- If we wifii to know • the charader of the Danifh government in commercial matters, we have it on the authority of the late Emprefs of RufTiia, Catherine the Second *: — In her inftrudions to her ad- miral in the " ^r 1793, fhe fays, that the court of Denmark, with its accuflomed weaknefs, prefers ideal gain to the found confiderations of policy. The refcript howr- ever, which the government of Denmark publifhed at the commencement of the prefent war, for pointing out to the Danifh merchants the nature and limits of their neutral trade, exprefsly enjoins all Danifli fubjeds not to attempt to carry in neutral fliips any property belonging to the Belli- gerent nations: — No one can doubt that this injundion at leaft, is diredly con- trary to the principles ailerted in the armed neutrality of 1780, as well as in that lately figned* . . I have already ftated the fubftance of the convention between Denmark and Sweden, *" See her irtftru6lions to Admiral TchitchagofF. i' j \n I '? ( ( xxxii ) Sweden y in 1794. ; the engagements there taken, bind Denmark as well as Sweden^ and are certainly diredlly contrary to the principles of both the armed neutralities. But notwithftanding all its profefHons^ the government of Denmark fufFcred Ber- gen and Chriftiana to be the regular fta« tions for French privateers, which fallied o\i4^ from thence to capture Britifli mer- chantmen navigating the adjoining feas ; and in the ports before-mentioned a \ French conful was permitted to exercife maritime jurifdidion, contrary to the ef- tabliihed tiiage and principle of maritime law, and to condemn the (hips ib cap- tured ; No lefs than one hundred Britifli merchantmen were iQ condemned; and the remonftrances of the BritiHi govern- ment, to prevent this pra^Stice, were of no a^ail: — During the courfe of the prefent war, the court of Peterfturgh has had frequent occafion to manifeft its difplea- fure at the condud of the Danifli govern- ment, for having availed itfelf of every ^ pretence, ( x)ciciA ) pretence, to efeapc ftbtti the cfigagertiehf i' which it hkd {dlitmhiy taken, lidt to pef- rtiit its fubjefum- itiorid, Oft the 3 tit December 1800, fliould affert, that the objeA of the Court of Denmark, in figning the new conven- tion for an armed neutrality lately con- cluded at Peterfburgh, was nothing more than a renewal of the engagements whiclt were contraded in the yeafs 178^0 and 1781,- and which Were theti made known to every court of Europe ; and that the parties to this convention intended to re- eftablifh thofe engagements in their pHmf-^ the for my when it appears by a ComparifOft c of 1-^ o£ the two convqiat;ionS| that an article has been inf^rted in the laft of them, which \vras not in the firft, and which is certainly more hpftile to the maritime rights of Great Britain than any of thofe claims, which had hitherto been advanced-; viz» ** T'hat the declaration of the olpcer, who " {hall command the (hip of war of the ** king or emperor, which fhalJ be con- " vpying one or more merchant fhips, that ** the convoy has, no contraband goods on ^^ boar(^, fhall be fufficient; and that no *' fearch of his fliip, , or the other fhips of ** the convoy, fliall be permitted/'— This new claim, of not permitting fhips to be fe^arched that are under convoy, is, per- haps, the greateft innovation on the eflab- lifhed fyflem of maritime law, that has hi- therto been attempted ; for, as before ob- f^rved, it in eiTedt annuls all maritime rights whatfoever; for no right of this de- belligerent fcript by power, if the right of fearch is to ceafe ; ajid I believe I may afTert, without danger of ( XXXV ) bf contradidion, that this extraordinary claim cannot be fupported on the autho^ rity of any one eminent writer, or on any precedent recorded in any court of mari* time Jurifdidlion.'— 'It cannot but appear equally extraordin?.ry, that the fame Mi- hifter fhould afTert, that the engagements^ then contradiing could net be ccnfidered asi contrary to the previous convention en- te!red into with Great Britain fo late as on the 29th Auguft, 1800; when by this laft convention, his Danifh Majefty en- gaged, in !order to prevent fimilar ren-^ centres to that, which. had fo lately hap- pened with the Danifh frigate the Freya, to fufpend his convoys, until "ulterior *' explanations on this point fhall have f* efiedted a definitive convention :*'•;-* Thefc ulterior explanations moft clearly refer to a negociation for that purpo^ with the Britifh government; and yet vx the article of the convention figned at Petejfburgh before-mentioned, this quef*^ tion is prejudged, and in ^Sk€i decided, . c 2 without J1 I' I '{ xxxvi ) without the knowledge or confent of the Britiih govemment; ahd it. is fur^ ther ftipulated in the 9th article of this convention, " that if any erf the contrad:-^ ^^ ing parties on account of, or from dit *V like to the prefeht convention^ or my ^^xircumftance conneded with-it, ihoiild ** be difquieted,molefted, or attacked, ''the parties fhall make it a conimcui caufe mu- tually to defend each other : And in the 4th article of the fame convention, the parties ^ree to equip a number of (hips of war, to enforce the rights claimed un- der this convention. c' III Such is the ftate of this bufinefs, ac- cording to the papers which ha^ve hitherto been given to the public. — If the Danifh government have any way of reconciling the apparent inconfiftency (to ufe no hardier term) of its condudton this ocea^ fion, it may fairly be prefumed, that for its own credit. Jit would before now have given a-fetisfadory explanation* * c Jw^r^''. . . With ( XXXVH ) With refpcd f o the Fat p<^t. Though ^i^ 4ctentiof^ w^s the neceffary ^|^feq«*€ji^ ^ war, a^^ juftifipd by immmon^ ii&g§ ^nd pr^ i^pt rjefl:rained by any fcafe of jiuftipe of decpniin fro^i diceding its m|()ift^f iti ihis kingdom tQ ^s^ke a foraaaJ applfcfttipa for the re{ea& of this fh^, as wejl as fpjr full compcnfation for the lofs fuftained by 1^ detention ; or in vaje of total jof^, a fym of ^pney ^qii^l to the f^U value of the veflel a|id c^gp, It is de^r t}mtipxc that xk^k heutral Powers, who fo patiently s^cqiiiefced 14 every arbitrary proceeding of the eneqaie? of Great Britain, have always been ready to pour forth 'their complaints againft every ^^ pf th^ Britiin n^yy, howevef If jyftifiqd by the laws pf warj ;s^4, tj^at theif je^owfy und hoftility ^Tt'u^ ffiftfokly dajreifted againft t;he navs^ pcs^wer (4 ^bh Qcmttyp n i j Rut; wbfttev^ may he the i^teatiqns, or the jcpnd^a of thefe v^x^tnl ppive^;^^ ij: yfc(vili indeed he ftra^ge if^ after a, war pf l^f^e thwi nine y^s cofitjiii^n^e, ji^ whiqb the officers s^jid fi;anaeQ5>f the B^?ir t^ Navy have diftiuguifhed th^mfcly^f eveo in a greater degree tl^n ^ any focr per war, aswl h^ve deftroyedi or at leaft fo fa; reduced, the fleets pf a|mpft ;^1 the enemies of thU kingcionii, that they dar^ l9Pt meet t}^^ Britifh fcjuadrons ia gpei^ ponfiid, and their n>ercha]^t;s caq, np loi^r carry on in fecurity any commerce 9li fhe ocean ; J fay it w' fefting thereby, that it is on the deciiioii of that government, that their future ex-^ iftence and iituation, whatever it may be^ muft depend : The king of Pruflia, the only prince of the German empire . Who ftill commands any coniiderable force not yet fubdued, having by the fatal policy which didated the treaty of Bade obtained a fhort but precarious refpite, is now more expofed than ever, by the fubju^-* tion of Auftria and all its co-eftates to the South; and the fuccef&r of that great monarch, who once refifted the power of France, Auftria, and Ruflla united, being how left to himfelf, and controuled by the power of France and Ruflia, now adling perhaps in cot.\cert, no longer finds the fafety which he expehe French govern- ment thinks proper to prefcribe: The Spanifh government is wholly under French , 4iredlion, iks of into Ithe ich of ifift to :n- ^he ich >n, ( xlvii ) diredion, and there is at prefent hardly a ftate in Europe which is not expofed to its influence, and apprehc^nfive of the effe<5ls of its power. If it be afkcd, what has at prefent prevented the fiirther extenflon of the French conquefts, I anfwer, not its moderation ; for when was moderation to be found in a military republic, governed by adventurers of talents and adivity, who mufl perfift in the fame cotirfe, to maintain their charadler, importance, andi fituation.^ The French government may^i have fufpended its conquefts, becaufe it is apprehendve perhaps of difficulties in the prefent moment, in attempting to pene« trate further ; or it may have fufpended them only in one quarter, in order to dircd their force to other objeds : If France, however, fliould once become fuperior at* fea, as well as at land, and the protedHon nov/ afforded by the Britifh navy fhould be rtnioved, there would in fuch cafe be no maritime town or country, which would • not ( 3clviii \ / not be expofed to \k.s attacks, ofid in dafl^ get of being fubdued. In fuch a ftate of things, what fort of xnanvime rightft the French Republic would think proper to eftabli(h and t%- ercife, I leave to the determination of thofe who hav^ read the foregoing pages, and who know how to appreciate the na* ture and charader of a government like that of France.— I repeat, therefore, with confidence, that it is not the fecurity of Great Britain alone, which depends on the valouk and fuperiority of the Britiih ma- rine, but that the fleets of Great Bi'itain are now the principal bulwark, of all that yet remains of national independence in the world. — It appears to me, therefore, incontrovertible, that thefe Northern Pow- ers, who are now aiming at *^he fubvcrfion of the naval fuperiority of Great Britain, and are endeavouring to transfer it to prance, are adling as much m contradic- tioa to their own interefts, as to tnofe of 6 this this country. — I know there have been even Britifh Aatefmen, who have been wil- ling to relinquifh thofe maritime rights, which I have endeavoured now, as well as^ through the whole courfe of my political life, however feebly, to defend; but I truft that on due confideration, they will be induced to alter their opinions : — At all events I know, that in the prefent cri- fis, we may place in a vaft majority of the people of Great Britain that confidence to which, from their good fenfe and fpirit, they have always fhewn themfelves fully entitled : — I am perfuaded, that they will fupport to the utmoft the juft rights of the navy of Great Bd^ain, to the exertions of which they are indebted, not only for their happinefs, Mety, and independence, but for the national glory which now fur- rounds them, and for the high charade r, which their government holds in the efti- matic»i of mankind. ON ^^d 5Vf''[ ji^f^? wnr; I [ r? yfnu-'i "frft ifpm ' i^; T' n ■ M .! lo iiftt/oi » T I ' i. i i 111! fSTpHH 5 Mil M 4^ii:i» tw ■■i r >i <> i» 1 ll« ■■■ ON THE CON D U C T OF THE G O* V E R N M E N . OF GREAT BRITAIN.. ■ /! (1758-) IT is unhappy for fhe race of mankind, that: thoid colledtive bodies, into which it is divided, ihould be fubjed to the fame paffions andanimo- fities, as the individuals, of which they are com- pofed, and not have, like them, fome vifible fu-. perior tribunal, which might hear and compofe their diffcnfions : this, might perhaps prevent thofe appeals, which are too frequently made to the fword ; where the events of war alone decide the cauie, and the fentence, which palTeth on the tranf- greflbr, brings alfo to the injured party a large fhare of misfortunes, in the execution of it. The welfere of mankind however requires, that this ne- cefTary evil (hould be confined within the narroweft bounds ; and that a trial, where the proceedings are fo deftrudive, fhould be made as fliort, and as, equitable, as the nature of it will admit:, it is the B duty ■;! ( ? ) 2 duty thcrefofe of all thoie^ who are iiot called Mp^ by fome juft motive to concern themfelves in the difpute, to be extremely attentive to their condu^, that they njay i>ot thereby contribute to render the conteft unequal : As far as man is concerned, it is force alone, on which the decifion depends ; to add therefore by any means to the power of pne party, is manifefl injuftice to the other, and befides is highly injurious to the reft of mankind ; fince it necefFarily tends to fpread difcord among nations^ and fi\>m a fingle fpark of contention to light up a general flame. It might be hoped, that a duty like thi^ iiv- forced by fiach powerful motives, v/ould be univer^ fally obferved ; and that no private inferior intereft could induce any power to tranfgrefs it : If fome little profits, the obje6^ of greedy individuals^ fhould perhaps arife from the violation of it ; can a nation in general reap a benefit^ where public juftice receives a wound ? To aft in oppoiition to this in hopes of fome prefent advantange, is to eftablifh a dangerous example, which may hereafter prove injurious to ourfelves ; it is to untie the only band, which holdeth nations happily together, and to bani(h mutual confidence from the various com» fiiunities of thie world. Such ho\Vever hath been the miftakcn condu^lT of Ibme neutral ftates during the prefent war.—* France coniented to the treaty of Aix-la-Chappete^ ♦ that lie to la ( 3 ) ifeat flic might the more fecurely purAie the ob- jects of her ambition ; and that under the difguife of peace the might extend and fortify her pofTcf- (ions in apart of the world, where her arms in time of open war had always, till then, been un(iicce(s- ful : for this purpofe fhe had artfully contrived, that the American rights fliould not be determinet by that treaty, but be left to the confideration o commifTaries, to whofe decifions ihe never meant to pay any regard. — Canada was her vulnerable part : this therefore (he refolved firft to ftrengthen, and then to enter again with more confidence into war : While we were employed in debating our rights, ihe foc^ -nore effe^ual means t» end the conteft in he ■ our ; flie fent frequent fupplies to America ; ihe feized and fortified the pafTes and navigable rivers of that country, drove the Englifti from their pofTeflions, and built forts on the do- minions of Great Britain : when the defign wa: thus far advanced, England faw it fn all its terrors, and with fpirit determined to fupport her juft rights : though forfaken now in her diftrefs by thofe allies, who owe their independancy to her proteftion, (he feared not in fuch a caufc to (land alone again ft all the efforts of France ; (he (ent forth her naval ftrength, but the enemy (bon ren- dered the attempts of that inefFedtual, by refolving never to try its force : In what manner was (he now to employ it ?— ^One only obje£l remained worthy of its attention, and that was to deftroy the trade of the enemy, a»id to intercept the fuccours, B 2 which J'' I / ( 4 ) . which flic feiit to her dominions in America.— Though this would not*crulh at once the evi), it would flop at lead the Iburces that fed it, and might in the end contribute to induce the enemy to confent to a rcalbnnble jKuce. France endeavoured again to obviate this Aroke by her policy. She took off the tax of 50 fous per ton* which (he always chufes to keep on foreign freight- age : ihe opened even her American ports, and ad- mitted other countries to that choice part of her commerce, which by her maritime regulations ihe hath at other limes, fo ftri6tly referved to herself. Neutral nations fcized at once on the advantage, and opened to the enemy new channels for the conveyance of thofe riches, by which the war was to be nurfed and protrafted : Under the banner of friendfhip they thus ferved the caufe of the advcr- fary, whofe wealth fecu red by that prote6lion v/ould have pafled fafe and unmolefted through our fleets j if Biitain again raifing her Ipirit, had not refblved that by this means her naval power fhould not be rendered ufclels, and feized on the property of the enemy, which (he found on board neutral fhips.— It is well known however, that her conduft in this relpedt hath not been univerfally approved, and that fome neutral nations think, they have a right to carry in their veilcls unmolefted the property of our advcrfaries. — As I here differ with them in fenti- ment, this is the point, on which I intend to dil- cpurfc. . . • Great ( s ) Great and wile governments have always been jealous of national glory:. It is an active principle, which properly cultivated, operates in virtuous ac- tions through every member of the ftate ; to prc- ferve this therefore in its purity, is the duty of every one who loves his' country .-i^Can it then be won- dered, that the native of a khigdom, always cele- brated for its public ipirit, and its upright faith, at a time, when thefe are called in doubt, fhould in- tereft himfelf in its defence ? no indecent charges fhall here be urged againft other countries, it is meant only to vindicate the honour of our own : it is to be lamented, that the iieceflity of affairs (hould at fuch afeafbn have given occadon to this difpute, particularly, with that ancient ally of England, who hath fo often fought with her under the fame ban- ner, in fupport of the juft rights and privileges of mankind : the zeal of any government to encourage the induftry of its people, is what a Britifli pen can never difapprove : the principle is noble, and merits even our applaufe ; I only mean to (hew, that Ithe prefent objedl pf if is not juft, I (hall therefore examine the right, which neu- tral powers claim in this refped, firft, according to the law of nations, that is, according to thofe principles of natural law, which are applicable to the condu^l of nations, fuch as are approved by the ableft writers, and pradifed by ftates the moft re- fined. — I (hall then confider the alterations, which have been mad? iii this right by thofe treaties, P J which PEIII lliii 31 ■■ i Iri' S ( 6 ) which have been fuperadded to the law of nations, and which communities, for their mutual benefit, have eflabliihed among themfelves. The Right of prote6lion then muft have its foun- dation in fbme law, and^ hen confidered in rela-« tion to any particular ca ., it muft be founded on ihat law, by which the interefts of the parties con- cerned are generally determined, and which hath rbrce in that place, where the right of protection iS claimed. Thus in the prsfent cafe, if neutral na- tions have any right to protect the property of the enemy, it muft take its rife from thofe laws, which are the eftabliflied rulei^ of conduct between nations, and particularly on that element, where this right is fuppofed to be exerted. No civil or municipal inftitutions, and much lefs the privileges arifing from them, can here take place ; they have no force but under the dominion of thofe, who agreed to their eftablifhment. The queftion then is — how far, according to the law of nations, doth this right of protection extend ?; — ^To anfwer this clearly, we muft obferve, that governments can have fiicceeded to no other rights, but fuch as their refpedlive mem- bers enjoyed in a ftate of individuality ; aiid that one nation is now to another, as it were in a ftate of nature, that is, in the fame condition, in which man was to man, before they entered into fociety ; the right therefore of protection, which individuals would have enjoyed in fuch a fituation, is the iame, which governments can claim at prefent :-^An in- dividual , (7 ) dividual then iit a (late of nature, would have had an undoubted right to protedt his own perfon and pro- perty againil any attack ;«— but if I am engaged in contention with another, would he in fuch cafe have liad a right to prote6| him againft me ?-«-^mo(l cer- tainly not;-^(ince he would thereby deprive me oft right, which the law of nature, for my own fecurity^ would in this cafe give me, of feizing the pro<> perty of this my enemy, and destroying his perfon s If he thought my conduct manifeAly injurious, fb as to call for general refentment, he would on that account become my enemy himfelf ; but as long as he calls himfelf a neuter, to £^ in this manner againft me would be no lefs abfurd than unjufl w^ fuch therefore and no more is the right of protec- tion, which governments enjoy at prefeht in thofe placed, to which their own dominion doth not extend ; they have fuccecded to the rights only of their refpeftive members, and by confequence thefe alone they can proteft^ But it will be aiked,r-FrQm whence- then arifes the right whjoh governments always enjoy of pro- teifting the property of the enemy within the pre- cinds of their own country ?-^It is a confequence of the right of dominion; unlefs therefore their dominion extends over the ocean, the right of pro* tedion cannot there take place ; Dominion gives a right of enafting laws, of eftahliihingnewjuriitlic- tions, and of making all, (whether its own fubjedts or thole of other countries) fubrpit tP theft, who B 4 come m 3! 1 ( 8 ) come within the pale of its power: here then the .trial, which the law of nations gives, is, as it were, fuperfeded ; and any proceedings upon it would o.f courfe be unjufl; but as foon as you are out of the verge of this particular jurifdidion, the laws thereof, and the privileges which atttiid them, ceafe at once, and the general laws of nations again have their force ; Here the property even of an ally hath no other prote6tion than what thefe laws allow it ; being joined therefore to the goods of an enemy, it cannot communicate its protection to thefe, iince the fame law, which gives fecurity to the firft, allows you to feize and deftroy the latter. Thefe reafbn- ings are exemplified by a common fadl; — withia the precinfts of the dominion of any government, you are not at liberty to fearch the (hips of any country; but is not this liberty univerfally and immemorially pradifed over all on the main fea I and wherefore is this fearch made, but that, aci cording to the law of nation?, aU are h^re aniwer-j able for what they may convey. •There is fomething analogous to this in mod civil governments. Few countries are without fgme places, which enjoy a right of protedion from the general laws of the ftate, fuch as palaces, hcufes of religion, and the like ; and this right ge- nerally arifes from fome pretence to an exclufivei iurifdidion ; As long therefore as any particular property remains within the verge of thefe, how- (Bver juftly i( may be the objeft of the law, it is not ■ { .9 ) not fubje£l fo the power of it ; but fuppofe it con^ veycd from bcncc into the public roads, beyond the precincts of this particular palace or convent; thb proteftion it received would vanifh at once, and the general laws of the con^munity would fully then have force upon it. Thus the protection, which governments can give within their dominions, ex* tends iiot to the fea : the ocean is the public road of the univerfe, the law of which is the law of na* tions, and all, that pais thereon, are iubjed to it without either privilege or exemption. If this manner of reafbning iihould not clearly eftablilh my point, I can appeal in fupport of it to jhe ableft writers on public law, who will be found to have 4ecided the queflion in my favour. And iirft I >vill produce the teftimony of that learned native of Delft, who wrote {o nobly on the freedom of navigation to ferve his ungrateful country. In one of the paflages, which are now before me, it is remarkable, how much he labours to give the greateft extent tQ the rights of com- merce; and yet with all his laudable bias to this favourite point, he is clearly of opinion, that the fliip of a neutral nation cannot protect the property of an enemy : he manifeftly implies f , that thcr Veflels even of allies, are fubjeft to condemnation, ion account of the enemy's property, with which ■ ' ^ ' ■ they ^ G^ .'Uus de Jur« Belli & Pacis, lib. 3. c. 6. fee, 6. in notis. m ( 'O ) they are laden ; when it appears, that this property was put on board them with the confent of the owners of the vefTels, but not otherwi(e. His words are, ** Neque amicorum naves in praedam ** veniunt ob res hofliles, nifi confenfu id factum fit ^' dojiinorun navis;** and producing feveral autho- rities in confirmation of this opinion, he afterwards adds, *' Alioqui res ipf» folae in praedam veniunt;** but if the enemy*s property ihould be found laden onboard a neutral veflel, without the connivance of the owner, in fuch caie, ** that property alone, is lawful prize:** And fpeaking again in another place on this point, he lays, that if the wrong done me by my enemy is manifeftly unjud, and that any one by affording him fuccours Ihould encourage him in his enmity againfl me, " jam non tantum civiliter '* tenebitur de damno, fed & crinninaliter, ut IS, ^* qui judici imminenti reum manifedum eximit*,** A fine and animated manner of expreiTion, which ihews how clear the opinion of this great author w^s upon the queftion. m . To the teflimony of Qrotius I (hall add tha^ pf Bynkerihoek, a native alio of Holland, anc| whofe fentiments in point of maritime juri^ru* j^ence Barbcyrae often prefers even to thofc of the former ; and what makes his opinion at this timQ of great importance, is, that he wrote principally for the yfe of the cov^r^s aQ(} ftates of the Unite(^ Pravincesj^ • Grotius de Jt^e B^^ ^ ^is^ l|l». ^ cap. |, ^c^ 4, I i «l «« ( •« ) Provinces, and generally confirms, what he ad- vances, by their judgments and refolutions. He fpeaks exprefsly in favour of my point, " Ration^ confulta," fays he *, ** non fum qui videam, cur ** non liceret capere res hodiles, quamvis in navi '' amic^ repertas, id enim capio, quod hoftium eft, quodque jure belli viftori cedit," " Upon attending to all the reafons which occur to me ** on this point, I cannot difcover why it ihould ** not be lawful to take the property of an enemy^ ** though found on board the ihip of a friend ; for '* I take that only which belongs to the enem^c^ " and which by the rules of war, is always ceded '* to the captor." He then afTigns this reaibu alfo for his opinion, that as it is lawful to ftop oa the ocean any veflel, though fhe carry the colours of a neutral nation, and to examine by her papers, to whom fhe really belongs ; and in cafe fhe ap« pear to be the property of an enemy, to feize her as lawful prize ; fo he can fee no caufe, why this rule fhould not extend to the efFedls, which any ihip may have on board ; and, if the goods of an enemy fhould lie there concealed, why they alfb by the rig-'- \ o: war fhoula not be taken and con* deniped : he even declares it to be his opinion, that the owner of the neutral veflel ftiould in fuch a cafs lofe the price of the freight; a feverity^ which the ^nglifh courts of admiralty never pradife, where fome particular circumftance doth not require it, Ifhall * Bynkprfhoek Qyeflionum Juris Public!, lib, i. cap. 14. I i M m ill. .^ ill! I ( II ) I (hall add to thcfe the opinion of Albcricua Gentilis, cftecmcd the ableft writer on national ju- riljirudcncc, till Grotiiis bore the palm from him ; and his fame in this refpedt was fo great, that Philip the Third of Spain, appointed him perpe- tual advocate for his fubje^s in all caufes, which they might have depending in the courts of Eng- land. This author ftates a cafe, where the Tuf- cans had taken the efFe6ts of the Turks, at that time their enemies, which they found on board fome Englifh (hips ; and he determines, that the Turkifh goods are legal prize, but that the captor muft pay the freight to the Englifh. " Tranfeunt ** res,** fays he*, ♦Vcum {uk caus^, viftor fucce- *' dit in locum vi6ti, tenetur etrufcus pro toto ♦' naulo." The property of the enemy paffeth to the captor, but all its confequences attend it ; the goods juftly belong to him, but he muft pay to the freighter all, which the enemy would hav^ paid, to whofe right he hath in every reijiedt fuc-^ ^:eeded, To enter particularly Into the feutiments of any more writers on this fubje(5t, would be equally tci* dious and unnecefTary ; it will be fufficient to men- tion the names alone of fuch others, as are in far vour of the queftion.— Among thefe I find Heinec^ cius f, no lefs famed fqr his knowledge of laws, thau * Albericus Gentllis De Advocatione Hifpanica, lib* i . cap. a8« t Heineccius de Navibus ob Ve£turi;m Vetitarum Merciun;\ Comt^^iili^ cap. 2. fee. 9, . t «3 ) than for his learning in what are the bed expo^ fitors of laws, the antiquities of governments.—* Zouch*, who for many years prefided in the court of admiralty of this kingdom.- — Voct-j-,— • Zuarius^, — and Loccenius §, all of them wri-* ters of reputation, and whofe opinions are univer-^ Tally relied on ^by all, who treat on public jurif-* prudence. I might indeed have wholly omitted the fenti- ments of thefe learned individuals, fince we (hall find, that great communities themfelves have con- firmed our opinion both by their laws and by their pra6tice.-— It will not be proper on this occafion to look far back into the early annals of the European ftates. When the government of thefe were yet in their infancy, the advantages of commerce were but little underftood, and of courfe the rights of it were not fufficiently regarded ; war was then too much the feafon of rapine, and they, who entered into it, meant lefs to conquer than to plunder. As loon however as fbme better order began to be in- troduced into thefe affairs, it then became ufual ua each party at the commencement of the war to publifli a declaration, wherein he fpecified, what kind of trade he would permit neutral nations to carry on with his enemy; and thefe regulations ' . were * Zouch de Judicio inter Gentes, pars 2. fee. 8. cap. 6, f Voet de Jure Militari, cap. 5. n. 21. J Zuarius de Ufu Maris, confil. 1 1, n. 6. § Loccenius de Jure Maritime, lib. 2. cap. 4. n. 11, { u ) were fbmetimes attended to, and fometimes not, either as the intercft of the party neutral in- clined him to fubmit to the reflraint, or as the power of the party belligerent enabled him to in- jfbrce the execution of it. True it is, that the prohibitions, which thefe declarations contain, are various, according to the fentiments of the diffe- rent governments which made them ; and on that account, they are perhaps too unfteady a founda- tion, on which to edablifh a right ; there plainly however follows from hence one powerful inference in our favour, that not one can be found amid all ihis variety, which ever permitted neutral nations to protect the property of the enemy : This branch of freightage they all agree unanimoufly to pro- hibit. The free dates ojf Italy cultivated firft the inte- refts of commerce ; before any veffel had as yet paffed the Cape of Good Hope, and a (horter paf- lag^ had been difcovered to the Eaft-Indies, Venice and Genoa drove the principal trade of the world, and difperfed the manufa6tures of Alia to the dif- ferent parts of Europe ; it laturally followed, that fhefe two commercial repi blics fooneft underftood and defined the jufl rights oi navigation ; their ma- ritime conftitutions ilill remain collected in thp Confblato del Mare ; and the reputation of thefe were fo great, that as the laws of Rhodes were once to the Romans, and the laws of Oleron to the weftern parts of Europe, fo thefe Italian laws be- came . C 's ) ^dtne of force univerfally to all the nations, which bordered on the Mediterranean fea : Thele have de* termined the point exprefsly in our favour ; in one of them it is a0*erted, ** Se la nave o navilio, che ** pigliato fara, fuiTe di amici, e le mercantie,! che " lui poi'tera, faranno d'inimici, lo armiraglio della •* nave o del navilio armata, puo forzare & conftrin- •' gere quel patrone di quelle nave o di quel Ra* ** vilio, che lui pigliato havera, che lui conquella ** fua nave gli debha portare, quello, che di fuoi ini<- •< mici fara;'* «* If the ihip or veffel, which fhall be '* taken, belong to an ally, and the n^erchandiie^ *' which fhe has on board, belong to an enemy, the " captain of the armed (hip may force or conftraia " the n^aftsr of the fliip or veffel, which he has taken* •• to carry into Ibme port for his account, the cffe6i9 " of his enemy which are on board;" and it is afterwards added, that the mailer of the veflel muft be paid for the freightage of the goods of the ene^ my *.— And fuch was not only the conflant purr port of their laws ; but the pra6tice of their govern^ ments was always conformable to it. Their hiA torian f tells us, that in the war between the Venetians and the Gcnoefc, the Ihips of Grecians, who were neuters, were always fearched, and the enemies, who lay hid in them, were taken put, and made prilbners. • It is unneceffary to dwell longer in giving a fur- ther detail of the condu6t of every nation in this ' relpeca ; ♦ II Confolato del Mare, c. 273. t Nicep. Grogoras, lib. 9, ( 16 ) irfeipe^l; 1 will therefore confine myfelf to thofe^ who are moft concerned in the prefent difpute ; and will Ihew, that as England claims no more at prefent, than what (he always enjoyed, fo France and Holland have conAantly fupporled the famei opinion, whenever their intereft required it* It was in the reign of the firPc Edward, a prince^ who thoroughly underftood the rights of his crown* and had a fpirit equal to the fupport of them, that Philip the Fair of France, being engaged in a war with the Duke of Burgundy, the French ad- miral took the (hips of feveral neutral nations, which were pa(fing through the Briti(h Channel into the ports of Flanders : great complaints were made on this head, and commiflioners were ap- pointed to examine into the condu6l of the ad- miral ; a libel was there prefented agaitift him by almoft dvery trading nation of Europe j the re* cord * of this is ftill remaining ; and if neiitfal nations had at that time pretended to enjoy the right of prote6ling the property of the enemy* and that the efFefts* which they carried on board their (hips, could in no cafe, except in that of con* traband, be made lawful prize; we might well expeft, that this right would here have been claimed and afferted; fear could not in this cafe have prevented it ; for all the world, except France, • Sir Edward Coke's Fourth Inft. chap. 22. «( piniou : this prince added to his military accompUHiments great faga- city in the fcience of laws, and uncommon at- tention to the commercial interefts of his king- doms : in the fecond year of his reign he confirmed the charter of privileges, which fome of his pre- decefTors * Set all this qiorc fi41y f^atfd in the recor4« ■■ C *\& I H''\ *dece(ibrs had before granted to foreign iheifchantSy and particularly to thofe of the Hanie Towns *, ^hb were at that time the greateft freighters of the weftem parts of Europe : this inflrument may well be confidered as a fort of maiitime regulation, by which England meant to dmlt lier condud at that time in af^irs of this nature : In this; liberty of-fiavigation is fully confirmed ; foreign merchants are allowed to carry their goods, whether purchafed Avithin the kingdom, or without, *• Quocunque vo- •* luerint ;** but with this exception, *' praeterquam " ad terras notoriorum & manifeftorum hoftium *' regni iioftri -j* ;" and fome ofifences being after- wards committed againft this charter in the fuc- ceeding wars, it was again renewed In the fame manner in the 6th year of this reign : In both thefe inftances the exception is exprefs, that no trade whatfbever fhould be permitted with the enemy ; but this good king, perhaps through a principle of juflice, and his ardent love to commerce, feems to have pra6lifed this right with more moderation, that is, in much the fame manner, in which the government of England claims it at prefent : for in his wars with Scotland, fome (hips of Great Yar- mouth having taken Teveral veflels belonging to the burgefles of the town of Bruges, " PrEEtendentes " bona in iilHem exifttntia fuifle hominum de Sco- *' tia ;" he directed his precept to the fherifF of Norfolk :f, commanding him to fet at liberty, and to * RyiQcr's Fcedera, torn. 4. p. 3614^ X Ibid. p. 328» lUdi^p. 516* t »9 y td cauie full refUtution to be made of the Mps^ litici of iuch of the goods, ar. heWgc-J to the merchants of Bruges ; and that he ihould detain only that part of the cargo, which was the property of the Scotch, his enemies. We find alfo, that when queen Eli- sabeth was engaged in war with Spain, ihe feissed leveral veiTels of the Hanfe Towns, which were entering into the port of Li{bon ; and ihe urged among other arguments the charter above-men- tioned in defence of her condudt; fhe was in this refpeft fo fatisfied of the juftice of hercaufe, that the threats of the German Empire and other neu- tral powers could not oblige her to relinquifh hetr right; and though fhe might perhaps on this occafion give too great extent to it ; yet it is remarkable^ that Monfieur de Thou, who was himfelf ^ great lawyer, and had long fat in the firfl court of judi-o cature in France, even, when he blames the con-, dud of the queen in this affair, pafTeth his cenfure upon it not as defective in jultice, but only in po» Hey: •* In tam alieno tempore,'* fays he *, " re- ** rum prudentiores exiflimabant» imprudenter fae* ** turn efTe aregin^ &: ab Anglis*" We have as yet mentioned the condud alone o^ thofe Englilh Princes, who knew how to afTert their rights, and who ruled their people with glory ; but we fhall find that even under a Weaker go- vernment, and in a later period, this right of feiz- iug the property of the enemy found on board Neutral « Thuanus, lib. 96. C a p ': IftilS! i Ih ( »o ) lieutral fiiip hath been fjlly claimed and pt^BlfjeAi. When Villiers duke of ^•uckingham prefided over the naval affairs of England, and to gratify his own private refentments had engaged his country in a war againfl Spain^ the Britilh fl^et under Penning- ton took fcveral French veflels, to the number of between thirty and forty> which had Spanilh dfcBs. on board; they were brought into tiie ports of England, and oar courts of admiralty condemned the goods of tlvvi Spaniards, as legal prizes but or- dered the velicls of the French td be releafed, ard the freightage to be paki to fhem* Fhis condu6t was avowed by the court cC England, and a full reprefentatica of it tranfiiiitted by the lord high- admiral to the adminidration of France: about fifteen years after this, when the French them- felves were at war with Spain, the navy of France took a great many Engliih fhips, which were laden with the property of Spaniards) and their courts of admiralty condemned not only the enemy's effects, i)ut the Englifh lliips which conveyed them : the earl of Leicefter, then ambaflador in France, made great complaints on this head; he was anfwered that the Engliih always a6led in the fame manner } and this reply beng tranfmitted to the earl of Northumberland, at that time lord high-admiral, he confulted upon it Sir Henry Martin, the beft Engliih civilian of that age, and the moft veried in maritime juriididion ; and by hi's advice here- turned to lord Leiceil:er the following anfwer, which at the fame time proves the conftant opi- nion. niotif and ihews the moderation of the Britifh admiralty on this point: " That," fays he*, "which " is alledged by the French to be pra6ti{ed in our '^ court of admiralty, is abfolutely denied ; and that *'' neither the law nor praftice hath ever been here ^' ,0 confifcate the goods of friends for having ene* '^ mies goods among them : we are fo far from. *' doing any fuch a^ of injuilice, as when in time '*' Df war we have met with any fuch prizes, the ** freight hath always been paid by the taker for ^' thofe enemies goods, that he took, and thofe^ ♦* that belonged unto friends, were duly reftorcd to «tbw/* ' Thus much may fuffice to (hew the conduft of the people of England :— Hiftory will alio prove to us that Holland hath always exeited the fame right : — ^at the beginning almoil of that war, which the United Provinces fuftained in fupport of their liberties* and even before their fovereignty was as yet fully edahliOied, the people of Zealand fcrupled not to carry into their ports all fuch neu- tral veflels "J*, as were conveying the effe6ts of the enemy, under pretended names from Flanders into Spain ; and the courts of admiralty of that pro^ vince adjudged the Spaniih property to be legal prise; and though they relealeci the neutral ihips, thev * The Sidney papers, Algernoon earl of Northumberland to Roi> bert earl of Leicefter, Nov. 5, 1640, t Hiftosia Belgica Metereni, lib. 5. Cambden,. anno X575* ^ouch, de Judicio intes Gentes, pars 2. § 8. c. 6., J' t " ) they made them no compenfation for the freightage) Amopg thefe there were ibme £|nglifh veflels, and queen Elizabeth, angry that fo youn^ a ftate, and que, which had placed itfelf under her protedion, fiiould in any degree interrupt the commerce of her people, at firfl ihewed the effects of her refentf ment, by ieiziug their (hips, and imprifoning their merchants ; the ^ealanders upon this made repri- fals; feveral Englilh vefTels were detained, and their commanders put under confinement: to en^r deavour at fome fettlement of this affair, the Queen fent over to Holland Mr. Robert Beal her fecre- tary; and for the fame purpofe the prince of Orange difpatched a minifler to LondoH ; by theie means the difpute atilafl was compromifed ; the ihips and the prifoners were on both fides releafed; but the queen never obtained the reflitution of the enemies goods, which were taken on board the vefTeis of herfubje6ts: This fa6t is worthy of obfervation, not only as it relates to the condudl of Holland, but ais it (hews how far a princefs thought herfclf obliged in equity to yield, whom hiftorians have always defcribed as pofitive in her temper, and, whenever . her right was concerned, of a very tenacious dif? pofition, Hollancl, whenever fhe was engaged in war, al- mofl conflantly purfued the fame condu6l : (he Ibmetimes even prohibited the commerce of ncur tral nations beyond all juftice and moderation. In the year *f 1599, when the goveri^mcn^ of 3pai»> * Groiii UiUprlafum, lib. 8, '( »3 ) flrft prohibited tlie fub]e6ts of the United Provincet from trading to the ports of th^t kingdom, a ilr berty^which had unaccountably been allowed then^ from the commencement of their revolt to that period; the States General, in revenge, pu^iihed a placart, forbidding the people of all nations to carry any kind of mercliAudife into Spain ; the words of Grotius, in the relation he has given of this affair in his Belgic hiftory, are very full and exprefs, ** Per edi^tum (fays he) vetant popiHos ** quoicunque uUos commeatus refve alias in Hiii^ •* paniam fcrre ; fi qui fecus faxint, ut hoftibus fa- •* ventes vice hoftium futures ;'* this placart they publicly notified to all kings and nations, for this reafon, as the hiftorian exprefTes it, '* Ne quis inr ♦* icitiam excufaret." The confequences of this notification deferve alfo our attention ; the hiflorian continues, '* Paruit rex GalliaB, ac fi quis fuoifTi^ '* lex intra menfes in Hifpaniam navigaret, profefTus ** eft privatum periculum fore," Henry the Fourth, at that time king of France, though de^ livered then from all his diftrefTes, and arrived at the fummit of all his power, fcrupled not to fubi^ mit to this placart, and gave up the interefts of all his fubjefts, who (hould attempt withm fix months to tranfgrefs it; the hiftorian concludes, **Ca)teri « (reges) lilentio tranfmifere ;" the other powera of Europe made no clamorous complaints againft this meafurc of the States ; in filence they pafTed it over : how unlike was this condufl to that of Holland at prefent |-^Charles the Second, in a let- C 4 ter 11 ¥V, I ( »4 ) lir to the States General, of Odiober 4, |66i« charges them alio with a .remarkable violence of^ the iame nature : being at war with fome Aiiatic princes in the Eafl Indies, they feized all the ihips, fUid goods of the £ngU(h merchants, which were trading to thofe countries ; and the Dutch gover- nors fcrupled not openly to profefs in their declara- tions, **' Qu* ayant depuis peu annonce la guerre ^* aux princes, avec qui ils avoient deifein de tra-; <* fiquer, cette guerre devoit par confequent leur <♦ interdire tout commerce avec Ics dits princes*.*' 4' ?!«,( ! I omit citing many other inibinces of their con-r 4u£l in this particular, led I ihould appear tedious^ efpecially as one fa£t flill remains, which is alone fufficient to evince the opinion of Holland on this point ; and which I the rather chufe to mention, a»4t happened even after the Dutch had by their negotiations ei^deavoured to eAabliih, as a general maxim aniong nations, that the goods of an enemy under a neutral banner fhould pafs unmolefled.-r' At the commencement of that war, which broke out immediately after the Revolution, when the firA grand alliance was formed againd France^ Holland entered into a convention -f with Englan4 to prohibit totally the commerce of neutral powers with the enemy : in the preamble of this,^ they aflign publicly their reafons for it ; they fay, ** that ^^ having declared war againft the moil chriftiaa - king, ♦ Oiarks tlic Sccontrs letter to the States General, Oft. 4, i666« • t Convention concluded at Lont}on» Auguft 13, 1689. it ( «s ) ^ king, it behoves them to do as much damtge, H M poffiblei to the common enemy, in order to bring ^ him to agree to fuoh conditions, as inay reftore «« the repofe of Ghriftendom ; and that ibr thia ** end it was neceiTary to interrupt all tra^ an4 ^< commerce with the f\>hje£ts of the ikid kings aiu) 1* that to effeft this, they had ordered their fleets <* to block up all the ports and havens of France;^ and afterwards, in the fccond and third articles of this convention, it is agreed, V that they would '* take any vcflcl, whatever king or ilate it may " belong to, that (hall be found failing into or put ^* of the ports of France, and condemn both veflei ^* and merchandife as legal prize ; and that this ^' refolution ihould be notified to all neutral ftates,** ^uch therefore was at this time the avowed opi<^ nion of Holland, and England was induced to join with her in this coiivention, exceeding thereby thofe bounds of equity ^nd moderation, which (he had almoil always pradifed in this ppint before* and which ihe will, I hope^ nipft faithfully obfervQ for the future. The northern crowns, who were particularly afFe6led by this prohibition, contended very vehemently againfl it : in anfwer tP their ob- jections were urged, the circumflances of affairs, the danger of Europe, ^nd the mighty ftrength of that ambitious power ; which, if feme extraordi- ipary effort was not made, would bring mankind under its fubje6lion. It is remarkable, that PufFen- ^orf*, whp o\ye4 his fortune and employments * Set a letter of Puffendbrf in Jo. QroBilflgu BiUioKheca Unjn y(;rfaUs Librqrum Juridigorum, ]^. lo^* f ■•■ : ■ ( a< ) lo ont of thde northern crowns, wai of opinion in this cafe againft them ; and thoug^bt that the convention ought be juitiiied. It is not meant here at prefent, either to^nfure or to commend it: circumibmces may fometimes make a thing to be lawfiil, which, confidered by itfelf, would be uujuft; but fuch times are truly unhappy, when neceifity muil be pleaded in fupport of a right. It remains, that I now enquire into the conduct pf France : my proofs * on this head will be clear ; they are indeed nothing lefs than the public laws of that kingdom : by fome very old French ordi- nances it is declared, not only, that the enemies goods (hall be adjudged to be lawful prize, but that the neutral veiTel which carries them, or the pro^ pertyof any ally, which ihall be joined with them, ihall be joined aUb in the condemnation. It has always been a maxim of the courts of maritime jurifdiflion of France, *' Que la robe d'ami con5f« " que celle d*enemie ;" and fb clear were they in ihis opinion, that the laws which eAabliihed it, were repeatedly enacted in the reigns of two of their kings, Francis I. and Henry III. — That the prac, ticc pf the French marine hath in this particular been conformable to their laws, may be proved by a thoufand inftanccs : I ftiall feleft one upon th^ authority of a miniftcr of Holland, which will (hew, what their condud was in that Spaniih war, which preceded the Pyrcnean treaty. In a' letter of Mon? fieur • See the ordinances of France, Fnuipis 1, 1543. c. 4. % Hcnqr (II. 1584. c. 69, . ' by w, ch ;ur ( ^7 ) ffetir Boreel from Paris, to Monfieur dc Wit, Dc- cembcr i6th, 1653, ♦• On ticnt ici," fays he, ** pour maxime favorable a leurs intereds, que leurs •* enemies ne doivent rccevoir ni defenfe ni fervice *« des fuje6ls de leur H. H. P. P. en tranfportaut ♦• de cheaj cux quclques merchandifcs ou commodi- ** t^s ou d'autrcs, qui fcroient pour le compte dc •* Tenemie, fous peine, au cas qu* ils les trouvent ** dans les batiments Hollandois, qu' ils feront de ** bonne priic, & qu'on les puiffe enlever des dits ♦* batiments & les confifquer,** But it is not the old laws of France alone, that thus determine this point, their more modern regu- lations confirm it : one of the lafl and greated feru vices, which Colbert performed to his country, Was the eAabliihment of a iyftem of naval laws, the wifeft and heft digefted, which the (])irit of le^ifla- tion hath ever yet produced ; it is obiervable, that although the ordinance, which contains thefe laws, vj^as regiftered in 1681, feveral years fubfcquent to thofe treaties, by which France agreed, that neutral veffels ihould protedl the property of an enemy, yet it pays no attention to them, and eftablifhes the con- trary dodrine. This proves how little regard France always fhewed to that article.— The words of tho ordinance expreflly condemn not only the enemies goods, but the neutral fliip, which carries them : ♦* All fhips (faith the law*) which have goods on « board, that belong to the enemy, fliall be good " prize," • Naval ordinance of t^Si, Title 5, /Vrtjc. 7, m ill' i ■ Jlii |4.¥ ( *8 ) «• prize.**-^Thefe laws continue ilill to beobiervcj in France : at the commencement even of the pre« fent war , the French government delivere4 to Monil Berkenrotle, the Dutch minister at Paris, a memo^ rial, " Contenant les precautions" (as ^e (itle ex- prefles it) ** que doivent prentjre Hes negqciants ^' Hollandois conformement M*Qr4inance de la ma- <* rine & aux reglements de la France, pour eviter ^^ qye leura navir^s fbient declares de bonne prife.^ Jn the preamble of this, the words of the above^ mentioned law are repeated, and the iame rule of condemnation is declared to be ftill in force : and the feventh article of the . memorial lays even a greater reftri6tion on neutral commerce, than the ordinance of i68i ieems to have intended ; it is, there faid, " Si les n'avires Hollandois tranfportoi-.. ^* ent des merchandifes du cru ou fabrique des ene- •' mies de la France, ces merchandifes feroient de^ ^^ bonne prife, mais le corps du navire feroit rela* ^' che,**— by this memorial therefore^ every thing which is either of the growth or manufacture of the enemies country, when found on board the fhips of Holland, though the property docs not appear to belong to the enemy, is declared to be good prize^, The fame reftridion evidently extends to all other neutral traders *. — Is not this almoft a total prohi* bition to neutral powers, of any commerce with the enemies of France^ Lt IS now look back on what has been faid : the (ledi\6lion which I have made, hath, 1 fear, been . . tedious 5 * See the prcgiiiWe of ihc memoriaK t 29 ) tedious } but the importance of the fubje£l.by for£d led me into it :— I flatter myfelf however^ it has appeared, that rieafon, authority^ and pradice, all, join to fupport the caufe I . defend :— by reaiibn, I have endeavoured to trace out thofe principles, on which this right of capture is founded ; and to give that weight to liiy own fentiments, which of themfelves they would not deferve^ I have added the authorities of the ablefl writers on thi& ilibjed;. and lailly, I have entered largely into the conduct of nations, that I might not only lay thereby a broader foundation for this right, but that I might the more fully illuftrate, by the extravagant preten- fions of other ftatesin this refpe6l, the prefent mo- deration of Englland : No age or country ever gave a greater extent to the commerce of neutral nations, and we have feen that moft in the fame clrcum- (lances have confined it within much narrower bounds. There remains ftill however one objedion to what has been faid, and that of fo plaufible caft, that I cannot leave it without an anfwer : it has been pretended, that the liberty of navigation is de- ftroyed bymeansofthefe captures, and that a violent reftraint hath been put on the lawful induftry of mankind. The liberty of navigation, in fair conftruc- tion, can mean no more than the right of carrying to any mart uhmolefled the product or manufadure of one's own country or labour, and bringing back whatever may be received in return for it ; but can, it C 30 ) It be lawful, ^hat you fliould extend this ri^t tet BUy detriment ; and when it was meant only for your own advantage, that you (hould exert it in the caufe of my enemy ? Each man hath a right to perform certain aftions, but if the deftrudion of another fhould follow from them, would not this . be a juft reafon of rcftraint ? The rights of man- kind admit of different degrees, and whenever two of thefe come into competition, tlie loweft in the fcale muft always give place to the higher;— but you will fay, that yo^ have a profit in doing this ; if however it is otherwife unjuft, will that confideration convert it into a right ?— If you mean that your own comnlerce ought to be free, the right is not in the leaft denied you ; but if under this difguife you intend to convey freedom to the commerce of the enemy, can policy or juftice re- quire it ? What can neutral nations defire more, than to remain amid the ravages of war in the fame happy circumftances, which the tranquillity bf peace would have afforded them ? But can any right from hence arife, that you (hould take occa- fioniirom the war itfelf to conftitute a new {peciea of traffic, which in peace you never enjoyed, and which the necefiity of one party is obliged to grant you'i to- the detriment, perhaps deftru6lion of the other ? If this right was admitted, it would become the interefl of all commercial flates to promote difTention among their neighbours; the quarrels of others would be a harveft to themfclves ; and from the contentions of others they would gather wealth and ( 31 ) # and power* But afttrr all, the rights 6f commerce are not the real caufe of this diipute ; and liberty of navigation is only a fair pretence, which am« bition hath thought fit to hold forth, to interefl: the trading dates of the world in its caufe, and to draw down their indignation upon England ; this is not the firft time, that a deceit, like this, hath been prad^ifed : when the power of Spain was at its greateft height, and Elizabeth wifely contended againft the mighty defigns of Philip, the captur© of fome veffels belonging to the Hanfe Towns gave occafion to a conteft of this nature : but they were the emiflaries of Philip, who at that time blew up the flame, and pretending a love to commerce, promoted the ambitious proje6ts of their mailer ; the queen of England publifhed an apology for her condu<5l, and this was anfwered in a virulent and abufive manner, not from any of thf Hanfe TownSy but from Antwerp, a city under the dominion m Spain, and it feemed to be written (fays Thuanus) ^* per hominem Philippi partibus addi6tum, noft tarn pro libertate navigationis et in G, nna- norum caula defendenda, quam in Hifpanorum " gratiam, et ad reginae nomen profcindendum :" the interefls of commerce vi^ere the pretended caufe of this difpute, but the real caufe was the iniereft of Philip ; the pretended defign was to preferve - he liberty of navigation, but the real end was to fervc the caufe of ambition, and to deflroy the govern- ment of England. It is not neceflary to enter into a comparifbn of this cafe with our own at prefent ; the refemblaace is too obvious. HerQ u «( \ 3» 1 Here th^n Wei might reft buir caufe, if the law of hations was the oialy foundation^ on which this . point could be argued; but the bands of equity having been found alone too weak to hold the na- tions of the world to their duty$ their intereft taught them to renew and confirm thefe by con- tra6ls among themfelves, and frequently to ftipu- late in addition certain mutual advintagesy greater than what the law of nations fingly would have allowed them:— Let us confider therefore, what influence thefe may have in the prefent cafe;— whatever they are, I mean to give them all the force, which reafon or juftice can require : if our aticeftors have betrayed the intereft of their coun- try in granting any privileges of this nature, we, who have fucceeded to. their rights, are bound to abide by their conceffions ; it is the happinefs of great kingdoms, whofe power is equal to the fupport of their own independency, to be able to a6t up to thofe principles, which neceffity hath often forced little ftates unhappily to abandon : Thofe fcanda^ lous maxims of policy, which have brought difgrace both on the name and the profeffion, took their rife from the condu6lofthe little principalities of Italy, when, diftrefied by the iucceffive invafions, which France and Spain made upon them, they broke ^r conformed to their leagues, as their own fecurity obliged them ; and their refined (hifts and cvafions, formed into Ij'ftems by the able doflors of their councils, have compofed that fcience, which the world hath called politics, a fcience of fraud and deceit; (33) deceit; by which kingdc^ns are taught to be go- verned on principles, which individuals would be afhamed to profefs ; as if there could be no mora* lity among nations, and that mankind, being formed into civil fbcieties, and colled^ively con- iidcred, were (et free from all I'ules of honour and virtue: — Maxluis like thefe I mean to avoid; to follow them would bring diflionour oh my country. It mud then be allowed, that there are articles in fbme of our maritime treaties with other nations, which have flipulated that, ** All, which ihall be " found on board the veffels, belonging to the fuh- " jefts of thofe countries, ftiall be accounted clear '* and free, although the whole lading or any part " thereof (hall, by jufl title of property, belong to *^ the enemies of Great Britain ;" fuch an article is inferted in thofe maritime treaties, which Great Britain hath made with France * and Holland f: It has alfo by feme been fuppofed, that the fubjf^s of the crown of Spain have a right to enjoy a pri- vilege of the fame nature; certain however it is, that no fuch article, as that above>mentioned, can be found in the maritime treaties between that country and Great Britain, and particularly in that of Madrid of 1 667, which is the principal maritime treaty * Treaty between Great Britain and France, 24th February, 1677. Art. H. N* I, in the Appendix. t Treaty between Great Britain and Holland, iHt Dectmber, 2674. Arc. 8. N^ 2. in the Appendix. D i i { 34 ) treaty at prelent in force between the two king- domd ; but as a miftake in this rcfpe6^ may poflibly have afifen from a falfe interpretation of two ar- ticles in the treaty of Madrid, which declare in general *, that " the fubjedts of the two crowns " refpedlively fhall have liberty to traffic through- " out all countries, cultivating peace, amity, or " neutrality with either of them, and that the faid " liberty flxAU in no wife be interrupted by any ** hindrance or difturbance whatfoever, by reafoa ** of any 'ioiHlity, which may be between either of ** th' faid crowns and any other kingdoms;" and as til ; liberty here flipulated may by fome erro- neoufly )^- imagined to extend fo far, as to grant a right to carry freely the efFefts of the enemy; it will be proper here to remove this error, and to flop a little to ihew the true delign and meaning of thefe articles : This explanation is at prefect the more neeeflary, aS it will tend to illuftrate the true fenfe of other ftipulations of precifely the fame purport, which may be found in feveral of our commercial treaties, and particularly in the firft and fecond ar- ticles of that with Holland, of December ii, 1674: a wrong interpretation of which hath al- ready given occafion to great confufion-and much falfe reafoning upon the prefenc queftion. It cannot, I think, be doubted, that, according tp thofe principles of natural equity, which coiifti- f tutc • T:&aty Qf Madrid, 1667. Art. ax and 22. N* 3. Append, or ( 3S ) tute the law of nations, th« peoplc*of every coun- try muft always have a right to trade in general to* the ports of any ftate, though it may happen to be engaged in war with another, provided it be with* their own merchandife, o** on their own account i; and, that under this pretence, they do not attempt to fcreen from one party the efFe6ls of the other ;. and, on condition alfo, that they carry not to either- of them any implements of war, or whatever el(et according to the nature of their re{pe6live fitua- tions, or the circumftances of the cafe, may be necefTary to them for their defence. As clear as this point may be, it has fufficiently appeared, by the fadts deduced above, that amid the irregulari- ties of war, the rules of equity, in this refpedly ,were not always enoug'i regarded ; and that many governments, in time of " .r, have often moft li- centioufly 'difturbed, and fometimes prohibited TOTALLY, the commercc of neutral nations with their enemies : About the middle therefore of the laft cent;ury, when the commercial regulations which at prefent fubfift between the European powers firft began to be formed, it became ablb- lutely neceflary to call back the attention of go- vernments to thofe principhs csf natural right, from whence they had ftrayed ; and to fix and determine, by the articles of their re(pe(5^ive trea- ties, what was the ancient and acknowledged rule of the law of nations : for this purpofe, the nego- tiators of that age, iflferted in their commercial P 2 regulations, !i I ( 36 ) regulations, articles * to the fame purport, as thofe above mentioned, afTerting, in general, a right to trade unmolefted with the enemies of each other; and theie they ufually placed among thofe articles of general import, which are commonly firft laid down in treaties, as the bafis, on which the fubfequent Aipulations are founded : the rule therefore of equity in this cafe b^ing thus defined, they came afterwards to ere6t upon it fuch privi- leges, as that rule alone would no; have allowed them ; and among the reft, ibme nations, as their intereft prompted them, granted mutually to each other, in new and diftin6t articles, by exprefs fti- pulations, the right of carrying freely the property of their refpe6^ive enemies. Thefe laft articles therefore muft be confidered as wholly diftin6l in their nature from thofe before mentioned, and in their meaning totally different : the firft are in affirmance of an old rule ; the laft create a new privilege ;— thofe only confirm a right, which was determined by the law of nations before ; thefe make an exception to that law :— if they both im- ply the fame fenfe, why are both fo often found in- ferted in the fame treaties f ? Would the repetitioii in ♦ Treaty of commerce between Prance and Holland, 1662. Art, 26 and 27. Treaty of commerce between England and Holland, Feb. 17, 1668. Art. i and 2. Treaty of commerce between England and. Holland, Dec. i, 1^74. Art. i and 2. Treaty o^ commerce between England imd France, Feb. 24, i^. Art. i and 2. t See the Treaties mentioned in the laft note. i 37 ) in fuch a cafe have been neccflaryf and to what purpofe were new articles added to grant a privi- lege, which was aheady included in the terms of the preceding ? The fame exception alfo of con* traband goods, is again repeated in the laA cafe, as well as in the former ; and Hiews clearly, that the property, which is the obje6t of the exception in the different articles, mud likewife in its nature be different ; the one relates to the ordinary means of traffic^ which every nation enjoys, of its own produce or property ; the other to the property of the enemy. But this point is Aill more clearly explained by the afliflance of other treaties, where articles of the fame force, as the 21 A and 22d of the treaty of Madnd, are inferted, and the intention of them fully made appear from the fiibfequent parts of the fame treaties. — In the treaty of commerce between Great Britain and Sweden, of the 21 ft of O6lober, 1 66 1, it is flipulated, by the nth article, that " it is by no means to be underf^ood, that the fiab- ** jedts of one confederate, who is not a party in a " war, (hall be reflrained in their liberty of trade ** and navigation with the enemies of the other ** confederate, who is involved in fuch war ;** and then in the article, which immediately follows, the meaning of thcfe words become manifeft beyond a doubt; it is there fo far from being iiippofed, that the liberty here piranted can be fo interpreted, as to imply a right of conveying the efFeds of an D 3 cnemy^ li 1 1 «( 4« ( 38 ) fenfemy, (hat the very attempt to pradlife it iihdcr favour t)f this liberty, is there called a * " fraud ;*' and as 1** mqft beii\ous crir. e," it is ordered ^* to -•* be moil feverely puniihed ;" and to prevent any coUudoQ in this refpe6t, the veflels of both parties -are required to be furniChed with pafTports, " fpe- cifying of what nation the proprietors are, to whom the dfFedts on board them belong." — And in the treaty of commerce between Great Britain and Denmark, of the i ith of July, 1670, a right of free trade with the enemy is ftipulated in the 1 6th article ; and afterwards, by the 20th article, the extent of this right is made apparent : and the means aire prefcribed for preventing the defigns of thofe, who, under favour of this flipulation, (hould attempt taprotfeft the property of the enemy ; {o that the illegality of ioich a pra6lice being fup- pofed, antl not neceflary to he expreffed, the ar- ticle then declares, " bii lefi this liberty of navi- gation and paffage for one ally, might during a war, which the other may be engaged in, by fea " or land, with any other ftate; be of prejudice t6 fuch other ally ; and the goods belonging to the " enemy be fraudulently concealed, under the co- *' lourablfe pretence of their being in amity toge- ** ther ; to prevent therefore all fraud of that fort, ** all Ihips flipil be furnifhed with paffports ;" the 'form of which is there fet down, and is the fame ^s that mentioned above.— From thefe treaties then d 22d articles therefore of the treaty of Madrid, in 'hich liberty of traffic to jhe countries of the -" of Great Britain is thus in general flipu i therefore be explained to grant to the fubjc . ae crown of §pain no other right but that of carrying on, without any injurious " mpleftation" or "difturb- ** ance," fuch traffic, as would otherwife be legal according to the law of nations ; and by this law, in time of war, it never could be legal to prote6t ' the property of an eneriy ; — This privilege, how- ever. Great 3ritain hath confe^ted to grant in her commercial treaties with France and Holland : the firft of thefe is put an end to by the prefent vi^ar ; it remains therefore that I now difcourfe on this privilege, as it is (lipulated in the BritiHi trea- ties with Holland ; and I propofe to fhew that here alfo it is extin6t.-«-But to give a fuller view of x^y fubjeft, and to fliew the origin and intention of this privilege, it will be neceflary td enter a little into the hiftory of it, and to relate the manner, in which the article, that grants it, was firfl admitted into treaties. -When the United Provinces had put an eiid, by the treaty of Munfter, to fliat long war which they D 4 ' had A^. IMAGE EVALUATION TEST TARGET (MT-3) /. -^ A ^ 1.0 1.1 I^IM |25 us 14.0 I 2.0 IL25 II 1.4 1.6 $k 7. Photographic Sciences Corporalion 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 873-4503 ( ♦«> ) . had j& xiobty tnaintaihed in fupport of their liber- tiiii and had' happily crowned their labours by ob- tahiing a full acknowledgment of their ibvereignty l delivered from the cares of war, they wifely turned their thoughts towards the arts of peace : after long contenti6ns among themielvesj their commer- cial provinces at length obtained the greateft lead in the ilate ; the intercft of tra^e was of cour<«r tHie principal ofcje^ of their policy ; their armies were redooed ; 1^^ who ^voured war, were ho longer iti credit i and the views of their minift^rs termi* i»ited ohiefiy in giving permanenco to that exten- ifye traffic, which had ilipported them through all their didreifes, and tot the efi^s of which they primnpally attributed ^U their power and freec|oini« They were hidieed at this time fo fUlly mafters of almoft all the commerce of the world, that they had little elfe to do, but to preferve the pof- ieflion of it : the public was on this occafion pAiuied with a new fpecies of policy, the ofl^pring rather of avarice, than ambition, d^iirous of keep- ing the reft of mankind in indolence, that it might more likUy reap the fruits of its own induftry; where lyealth was at leaf! the firft object in view^ though in the end it might he accompanied by its \|fual aft^i^^ant, power ; the ^rts which they pra(^- tifed to preferve their fifheries, ^nd to fecure to themfelves alone the trade of the Aiiatic Ipices, are W^lluiown, and iiot at prefent to our purpofe : ^^PJ urge(t loudly the fi^cdom of navigation, till. they ( 4« ) X\icy had made it free indeed for themi^ves ; Irat they have been charged with pra^iiing a difiereot doctrine on the other (ide of the Line, to what tliey ^profe(^ed on this; and with ieekifig -to eftabli(h an exclufive trade on thoie very fea», the freedom of which from Papal grants, andSpantfli preteiifions, the pen of their Grotius had fo abl^ defended. • There was however another ipedet of com- merce, which demanded their attention even more than either of the former; ad it was not only a pro- fitable branch of trajffic in itfelf, but as it gread|y tended to the iecurity of the reft, by being the principal bails of their nava! power : this was the trade of freightage, or the carrying-trade, the flibje6^ of our prefent di{cour(e.-^To underftand their views in this refpe^t, we muft firfl take no- tice of the foundation, on which their policy was built : they had fucceeded to the Hanfeatic traders, in becoming the carriers of the world : long poflef^ fion had therefore furnifhed them with great num- bers 'of failors and (hips ; and to thefe they added, uncommon parfimony, and induftry, the natural endibwments of their people ; thefe made them contented with fmall profits, and enabled them to carry the manufadtures of each country, even cheaper than the natives of it theipielves : with fuch happy circumftances in their ^vour, they were ilire of making this branch of trade wholly and V. li il! !^ It I M aod perpe^ti% lh«ir own» if tfi^y ^otild, by their ocgotijatioQS iin4 policy, eft^lUh two poinis* :4?i^ ■ .« viThe fir^.w^Sy that no Ration ftiould grant to its own t^atiyesjai^y privileges in relation to freightage, y^}^ tbe people of Holland ihpuM npt equally efyoy» »<* *Qy e^cMive r^ght in fayour pf ita own navigation. ^ ■ ■ ■ • i'l lAnd jap i^ conieqiiences of >^ar, would oUiierwlfe ^e^mently inteiT»pt the cp wife of this trai£q,^ they labiMired to ohtain, .as their ^&cond fomiti .that, whenovef any lother natm jiras engaged injixriir^ they might then e&joy„^8 neiatersy the rig^ of ^o- te6Ung the property of its icnemies. Thefe points, once t^taij»ed, would op^ ibl kuger field, on which their induitry might exert litCckf, than what they conald otherwise of right pi'e- tend to enjoy : They were wife, however, i^ endea« vouring to obtain it : no nation befides theixiielyes had more ^pfnng than what .wa^ equd Jo the carriage of their own produce and jnaojUilii^ur«3 ; they alone therefoie couH carry on the ^«ightMge of other countries, and largely reap, when tkek nei^bours wpre at war, the adv^Atagespropoied. Ther€;gency of Holland i*hp\^red with great pcr- fcveranceJSar the ^jftabliihrn^t of thefe two|¥)iiits: their greatjnmider Oe Wijtit*| pp4 # feis fefti«^«J* i tions' f Lettres de MonHeur De Witt paffim. >ns' ( #« ) tion) and diipatehes.wit^ every argument and mo* tive which his a6tive mind could invent, iniilppoft of thefe favourite maxims ; they were williDg to give up any temporary advantage to gain that) which, once acquired, would prove for ages an overflowing fpring of wealth. By ^their negottaN tions they eameftly laboured to induce France to Gon^fy with their deiires in theie refpe^ls; but here they were a long while unfuccefsful : in op^ poiitionto the firft point of their policy, >Fou(|uet, while he waii $t the head of the French, mar^ end finances, dlabliihed the tax of 50^fous per ton on all foreign (hipping^ and endeavoCtred thereby to encourage and augment the. freightage of his own coun^ ; and when, upon his dilgrace, Col- bert iucceed^d to his employments, this tax of 50 fous was almoft the only part of the formerVpolicy vrhich the latter thought fit to adopt. It is amas^ ing with what zeal and application the minifterS of Holland contended for the abolition of it: France at length relaxed her leverity on this head, not fb much to favour the trade of the Dutch, as iii compliance with the Intercfts of her own. Col- bert's great fchemes to improve the manufa^ures of his country had met with better fliccefs, than his plans for the augmentation of its marine; and the frequent wars, in which his ambitious mafter involved his lcingdoms,,gave repeated checks to the freightage of his people. To give a larger vent to her manufadures, France found it neceffary at laft therefore, to open her ports to foreign veffels ; 4 and ( 4* ) tnd ft>r this purpofe, ihe took off the tax of 50 iboSfli^ the treaty of Ryfwick, as far as it related lo the ihips of Holland alone; and iiuce that time, fhc has regulated her condu^ in this particular, as the intereft of her trade requires.— in time of war, ihe always remits this tax, for ihe is then forced to make ufe of the freightage of neutral nations, as her naval power is not equal to the protection of her oWn;^— and in time of peace, (he preferyes the tax, or not^ as the increaie or diminution of her ibippiog requires, always giving the greateft en* couragement to her own marine, which b confift* fnt with the prefervation of her manufa£hu:e& 1 1 . FrajKe cqnf^nted fQoner to the o^her point of t)utch policy, and granted by treaty^ to the veilels of Holland, as neuters, the right of protecting the efiedts ofzn enemy : the laws or ediCls of the French government have, however, continued al- Wiays to determine againft this right; and in thi^ reipeCl therefore their laws and treaties have con* tradiCted each other : fome very ancient ordinances of that kingdom (as we have ihewn above) had adjudged as lawful prize in this cafe, not only the enemy's goods, but had joined alio in the condem- nation, the neutral veiTel which carried them; the lail however of thefe points was remitted as early as 1646, by a temporary treaty then made with Holland ; the neutral veffel, and all the efTeCls of a friend found on board it, by this treaty were ordered to be fpared: in a fubiequent negotiation, Holland endeavoured ( 4S ) -endeavoured to get this privilege farther confirmed and extended : it was one great part of Moniieur Bo« reel's employment in his long embafly at Paris: at lad, however, in the memorable treaty of defeofive alliance between Holland and France, of th^' a7th of April, 1662, this favour was obtained in its fuU extent; by the 35th article*, it is reciprocally agreed, that all which (hall be found on board the vefTels of either of the contracting parties, " encoro ** que la charge ou partie d*icelle futaux enemies^ ** iera libre et affranchie.** This article was agaiti renewed by the marine treaty of 1678, and by fe- veral fubfequent treaties; the marine treaty of December the 2ifl, 1739, was the lafl in which it • was inferted: this continued in force during part of the laft war, but in the year 1745, the Frendi government declared this treaty void by an ad of council ; and it hath never iince been renewed : France, from the (late and conditio^ of her meir« cantile marine, could certainly reap no advantage from the infertion of this article in her own trea- ties 1 but it was wife in her to endeavour toeftablifli the point, as a general maxim of national law among other countries ; experience hath proved to her the advantage and protection which her commerce de- rives from it in time of war. But Holland mofl exerted her policy to bring that nation to a compliance with her miaximsf whom fhe mofl apprehended as her rival in trade 3 the • Set the Treaty in the letters of D'JSihade, torn. i. 'lib I , (46 ) ihe fctndalous igborance of the Englifii miniden^ fh point of commerce, and the little attention- which they paid to the interefts of it, during the reigns of the two firft princes of the houfe of Stuart, gave fuch advantages for ibme time to the Dutch, that more vefTels of that country were feen ill the ports of our colonies, than even of our own ; the (hipping of England from the reign of Eliza* beth had been in a confiaht decline ^ we ihoUld hardly hav« believed that in the reign of Charlesr the I^, England could riot have furiiiihed more than three merchant vefleis of 500 tons, if Sir Joiiah Child had not affirmed it : tlie time at length arrived, when^the government of England determined that the cbtintry fhould be put on ah equal fbotirtg^ ih t^is refpe6t,. with oilr neighbours, and\]took the manly refblution of alfuming' and vindica;titlg all the advantages refiilting froth our own commerce and itidnftry, to oiirfelveS ; ih i65t, the parliament of England pafled into ah ordihance that noble drain of commercial policy, balled fince the' Aft of Navigation ; Mr. St. John returning id^ouit' this time from his embafly at the'Hague, bei caihe this happy inftruinent, which Providence^ made nfe of, to accbmpliih diii greit work*; re- lenting highly the refufal', Mrhich had^ diete been given to his propoials, and the infults^ which had been ofFcfed id his perfon,he warmly folicited, ajid at length induced the council of ftate to move the parliament to pafs it; the committee iat five days m * Lvdlow't Meaioii:!,' vol. i; page 345^ i ^7 ) . - in forming it ; and it wa9 atlall |niblUhe4 by order of the houie with great pomp and ceremony at the Royal Exchange : theputch were fo fdnfible of its confequemes, that it was the principal caiife of the cnfuing war ; They called it in a manlfcfto ^ pub* liibed (boa after, *' Avile a& andoi^er :** at the negotiations fbr that peace, which put an end to the war, DeWitt laboured with his lifual induftry and acuteneis to procure the abolition of it ; his ef- forts were happily in vain; they, who made the laW, attended with vigour to the execution of it ; the ef- feAs of it were itnmediately apparent : this ad of policy alone hsi»h fortunately outweighed all our Other follies and extravagancies ; though con^ demned by £>me of our hiAorians, and unnoticed by others, it hath proved the fertile ^rcerts of her naval force ;-^while at the fame time, coniider- ed as a general maxim of right among other nations. Great Britain neither wants the ufe of it$ as (he is equal in time of war to the prote3ion of her own (hipping ; neither can her merchants enjoy the ad^ vantage of it, as the employment of foreign freight- age is in mod reipeds diredly contrary to her laws* This article was again renewed and admitted into the treaty of commerce of 1674, in confequence of its having been before dlpulated in that of 1 668* The treaty of, 1674, y? the maritime regulation^ which at prefent fublids between Great Britain and Holland. 68. In this manner therefore the article having ob- tained exiftence in thefe treaties, we are now to con- fider, whether it is ftill in force. E » Treaties i li:!li:i ii;il 'I \m " til' ! i ill! i5 ;" * I'ffl I i;:iiir 'ill i li! ' III I i M M ( 5» ) Treaties of alliance being nothing more, tbaiv ftipulations of mutual advantages between two com- munities in favour of each other, ought to be con- fidered in the nature of a bargain ; the: conditions of which are always fuppoied to be equal, at leafl in the opinion of thofe, who are parties to it : he, there- fore, who breaks his part of the contra^, deftroys the equality or juftice of it, and forfeits alt pretenc6 10 thofe benefits, which the other party had ftipulat- ed in his favour : ** Si pars una (fays Grotius *) •* feedus violaverit, poterit altera a foedere difcedere, nam capita foederis fingula conditionis vim ha- bent." And PufFendorf, fpeaking of conventions, fays -j*, ** Nee haec alterum obligant,. ubi ab uno Ic- •^ gibus conventionis non fuerit fatisfadum^* The next queffion then is,« — hath Holland com- plied with her part of the treaties or contracts, to which (he is mutually bound with England ? — hath ihe performed all, that (he hath ftipulated in our fa- vour ? — or hath fhe been deficient in the execution of feme article, in which the very life of our alliance is contained I — If a part fb eflential ihould be extin- guifhed, it would be unnatural to fuppofe, that any JefTer limb of the treaties fhould continue to have vi- gour ; Holland in this cafe could have no pretence to require the execution of what may have been con- ceded in her favour ; efpecially, if the performance of it would operate to the detriment of that ally, whofe friendOiip fhe hath fbrfaken. f doubt * Grotius de Jure Belli ic Pacis, 1. 2. c. 15. fee. 15. t PufFendorf de Jure Natur. U Gentium, 1. 3t c. 8. fee. 8. ( S3 ) I doubt noty but my reader bath already anfwered in his own mind the queftion propofed ;— that the poiTeinons of the crown of Great Britain in Europe have been attacked by the armies of France ; that in confequence of this, on the 2d of Auguft, 1756, the Britiih Government made to the States General in proper form, the neceflary requifition ;— that in fuch cafe Holland is obliged by treaties to grant im- mediate fuccours, and after a certain time to join with Great Britain in open war ; — that ihe hath not performed thefe conditions, and hath therefore for- feited all title to any advantages, contained in thofe treaties, and above all to fuch, as may arife from the nature of the war itfelf? s doubt I (hall ftaie however this point fbmething more particularly ;— Holland is engaged in three difierent guaranties or defenfive treaties with Great Britain : the firil is that ancient original defenfive alliance, which hath been the bafis of all the fubfequent trea*^ ties between the two nations ; this treaty was deiign- ed to have been made immediately after the triple alliance, but the unfteady conduct of the minifters of Charles the iecond, and the unfortunate attach- ment of that monarch to the French court, for fbme years delayed it ; it was at laft however concluded at Weftminfler the 3d of March 1678 : it is (except in two immaterial alterations) an exa6fc copy of the twelve firft articles of the Prench treaty of 1662; and |K)th were negotiated by the fame minifler, Monfleur Van Beuningen. In the preaipble of this E 3 treaty, 1 ! t i ill !■■' ■ ■iiih ' ( S+ ) treaty *, *• the preiervatibn of eaeh otber^s domi* " nionSf'* is iet forth as the cauie of making it ; and the flipulatiohs of it are f*, ** a mutual guaranty of <* all, they already enjoyed, or might hereafter ac- <* quire, by treaties of peace, in Europe only ;" They farther guaranty, ** all treaties, which were at that *^ time made, or might hereafter conjointly be made, , *^ with any other power i" tbey promife alio, to J <* defend aiid preferve each other in the pofTeflion <* of all towns or fbrtr^fies, which did at that time ^' belongs or (hall for the future belong, to either of ^* them;" and for this purpofe it is determined §, that ** when either nation is attacked or moleiled, ** the other ihall immediately fuccour it with a cer* " tain number of troops and men of war, and fhall be "obliged to break with the aggreffor in two months, ** immediately after the party, that is already at war, ^ (hall require it ; and that they (hall then adb con^ ** jointly with all their forces, to bring the common ^ enemy to a reafonable accommodation/^ mm- il I I In 10 i I That Holland hath not complied with the terms of this gjuaranty is evident ^-^N|inorca, •♦a poffef* ♦* fion o? the crown of Great- Britain," and which fhe '^ acquired by treaty,", hath been attacked; this is one cafe of the guaranty ;; — by that attack, *« a ^ treaty that was made in common concert," the freaty of Utrecht, hath been broken; this is a fepqnd caf^ of the guaranty;— srancj by thefe means, " Einglan^ ♦ See the Treaty,*Preamble, N* 5. Appendiaf. t Art. 2, % /Vrt. 3. and vf. § Art. ^. ai^d ifl %aqte Article* ( JS ) " England hath bee deprived of a poflcilion, " which of right belonged to her;" this is a third cafe of the guaranty; — and notwithftanding all thi^, Holland hath not as yet granted the fuccaurs flipulated; and many more than two months havp pailed without her having entered into war con- jointly with England, as the treaty requires. The fecond fpecies of defenfive alliance, which fubfifts between Great Britain and Holland, is that which was firft agreed to, in the treaty of barrier and fucceffion of Odober the 29th, 1 709, and again more particularly ftipulated in another treaty to the lame purpofe of January the 29th, 1713 : the defign of this treaty is the guaranty of the Dutch barrier on one part, and the guaranty of the iirmeft barrier of Briti(h liberty, the proteftant fucceffion, on the other ; the flipulations are*, " that in cafe <' either fliould be attacked, the other (liould fur- ^< nifli, at the requifition of the party injured, but ** at hia own expence, certain fuccours there ex- *' prefled; and if the danger fliould be fuch, as *• to require a greater force, that he fliall Ij^ " obliged to augment his luccours, and ultimately " to ad with all his power in open war againft thQ *' aggrefibr." I pretend not to make any ufe of this treaty in the prefent cafe; and pnly mention it to give a fuller view of the alliances, which fabfift be- tween us; — here, however, I will indulge a wi' far as they relate to the contra61:ing parties re-p •' ipeftively, or each of them in particular; and they ^' guaranty all the kingdoms, provinces, ftates, rights, ♦♦ and advantages, which each of the parties at the •? figning of that treaty pofTeffed ;* ' and in a fepaVate - ^rticle all' this is confined -f to ** Europe only :** the f Art, 5, I^" 6. Apfpndix. f Separat(: Article. ( J7 ) , the ru(:cours fl'ipulated in fupport of this guaranty, are much thefanne as thofe mentioned above, firft *, ♦* Interpofition of good offices,** — then " a certain "number of forces,** — and laftly, " declaration of " war.** This treaty was renewed by the quadruple alliance of 171 8, and again by the acceilion of Hol- land to the treaty of Hanover of 1726, and laft of all by the 3d article of the treaty of Aix-la-Cha* pelle. » . ■ . ■ Holland hath by no means executed the terms of this guaranty, — Minorca, " a pofTeffion of the crown of England in Europe, which fhe enjoyed at the lignirig of this treaty,*' hath been attacked ; this is one cafe of the guaranty; — by this attack, " the article of the treaty of Utrecht, by which that poffeffion was ceded to England,** hath been 4}roken; this is another cafe of guaranty : I need not again obferve, that Holland, in confequence of this, hath neither granted the fuccours, nor declared war, as this treaty alfo requires. «< « « tiouMo ailleurs auparavant;" and then he adds," Ce, "' que j'ajoutai a ce raifonnement pour refuter cette ** objeflion, refta fans replique." This was the fame Monfieur Van Beuningen, who negotiated our de- fenfive treaty of 167S ; he made the terms of both thef« ♦ Lettre de Monfieur Van Bcwningen i Monfieur De Wit^ December 26, 1664. 4t l( « Hiiiii. iii:: I ^ ( 66 ) thefe guaranties prccifely alike; and wc have before ihewn, that our own cafe, at prcfent, is exactly the fanoe as this, on which his opinion hath been pro- duced. If however the wordis of thefc treaties had bee» ■,f' .'■ agalnft the interpretation which hath been givem them» I might juftly have appealed to the fpirit of them^ as alone a fufficient fouadation, on which to> reft my opinion:, the whole defign of all thefe our alliances with Holland is to form a barrier againflr the power of France, whofe ambition might other- wife induce her to deftroy the independency of Eu-? rope : they are,, in fut^y a regular continuatiorv of that policy^ which gave birth to the triple alliance,; when the dangerous Ipirit of the French councils, firft began to appear. To anfwer this great end„ they guaranty the poffefTions of thofe two maritime^ countries, who, from their wealth, their internal firength, and their incapacity of having any ambi- tious views themfelves, are the beft fecurity againft the deligns of others:, but as the obligations of thefe guaranties are too conHderable to be made ufe of oa trifling occalions; for this purpofe, the contracting, parties have made one exception : — The rights of the European kingdoms in the didant parts of the worlds and particularly in America, arc very uncertain, and the caUle of frequent diffenfions ;. and it is well known, that wars have there fubfifted for many years between the. trading fubje6ts and commercial companies of the feveral nations, while the mother countries have lived, if not in friendlhip, at leaft in 9 V peace ; If:; ; life:' ( «7 ) peace \ this then is the cafe, particularly excepted from the guaranty ; but this exception muft always be fo interpreted, as to be made coniiflent with the* principal intention of the alliance : — if fome great country out of Europe Ihould become of ^o much importance) that for the interefl of Europe, it ought to remain in the hands 6f the prefent poflefTors ; if the fame great diAurber of mankind, after many fruitless attempts in his own neighbourhood, (hould now turn his thoughts another way, and fhould en- deavour, by diftant diverfions, to enfeeble that power, on whofe confideration the fafety of the public very much depends, and to deprive her of the Iburces of her wealth, which (he hath always fo largely expended in fupport of the common caufe j would a generous friend, who attends to the ipirit of his engagements, fay, that the cafe of the gua- ranty did not then exifl ? and, when the reafbn of the exception is vanifhed, would he urge the pre- tence of it, as an excufe, for giving up the principal point, on which the alliance was conOiru^led ? — but if to this diflant attempt, the enemy fhould add an open and avowed war in Europe, fhould threaten the mother country with invafion, attack her fortrefTcs, and take occalion from thence to fpread his armies over the continent ; fhall this pretended exception flill be urged, when the literal cafe of the guaranty is now become apparent ? on this weak foundation,, fhall a wife people, under fuch obligations, not only refufe to grant their afliftance, but not permit their forfaken ally to make a full ufe of his power ; hold-> ing back in this manner his arm, when they will not flrctch forth their own ; and claiming from the F ^ very I I •■m very cdnti^fls, they have broken, that privilege, which they turn to the den:ru6tion of their ally. The abflirdity is (hocking; fuch however is thcpre- fent ca(e of England: unhappy in her friendihips ! fhe bath neither that afliftance from allies, wlfich ihey arc bound by treaty to give her, neither is (he allowed to exert even her own force, though aban- doned to her own defence. [ . - ' - ■ ' * ' «.,'■, • . In this manner the point might be determined Qn a general view of thefe treaties; and this alone would be fufficient ; — but it may further be proved, that the article, on which Holland founds her right of protefting the property of the enemy, as far as it relates to the prefent p,afe, hath been particularly re? pealed long ago. The treaty, in which this article was laft inferted, was concluded the ift of Decem- ber, 1674.* four years after this, in 1678, was paft that defenfive alliance*, in which it was ftipulated between Holland and England, ** that if cither party ** (hould be attacked in Europe, the other (hould de- •* clare war againft the agreflbr, two months after he **. is required :*' by this treaty, therefore, two months after England is attacked by France in Europe, and the proper requifition hath been made, Holland muft become the enemy of the latter, as well as England ; and to ' be the enemy of another, means certainly to diftrels his trade, and feize his property ; not, to pre- ferve the former, and proted the latter : if this there- fore is the right interpretation of the word, enemy, this article direftly and pofitively declares, that two months * Defenfive iUlbt^ce of 4678. (. 69 ) months after France has attacked the European pof- feilions of England, the ihips of Holland (hall not have a right to protect the eSe€t& of the French t^ this therefore is derogatory to the 8th article, of the marine treaty of 1674, and as being poflerior to. it» abiblutely repeals it. In all laws, (and fuch are trea- ties, in refped to nations) the lafl enaded always fets aiide the former, fo far as they difagrce. Cicero lays*, it ought to be confidered, " utra lex pofte- *' rius {itlata,,nampoflrema quaeque graviffima/* But this maxim is not neceflary on the preient oc- cafion, (ince thofan^e article is again repealed by two fubfequent treaties, in words as politive, as can be ufed; for in that treaty "f, by which all the old alliances between the maritime powers .were renewed immediately after the revolution ; and alfo in that of February 6, 1716, by which they were again re-< newed upon the accefHon of the prefent family to the throne, the treaties of 1 674.and 1 678 arc exprefs-*. ly mentioned, and made a part of both ; and it is there declared, that " they (hall have the fame " force and efFed, as if they had been inferred ia " thefe treaties verbatim; that is to fay, fo far as *' they do not differ, or are contrary to one another ; yet fo as whatever hath been eflablifhed by any later treaty, (hall be underftood, and performed in ** the fenfe therein exprefled, without any regard had ** to any former treaty ;" can it then be doubted, that the' articles above mentioned are *' contrary to (C cc 4( one ♦ Cicero de Inventlone. t Treaty of friendlhip and alliance between England and HoU land| Auguft 1689. F3 11 ( 70 ) ** one another,** as much as peace atld war, as mtich as friend(hip aftd enmity? Is not the defeniive alliance^ cfi6yt9 •* a Uter treity," than the marine regulation of 1 674. ? and ought not therefore, according to the words of the renewal, •• the article of the latter to be perfonned in the fenfc therein expreffed, with- out any regard being had to the former.'* Sincd then, the year 1689, this article, as far as it relates to the prefentcafe, hath been twice repealed. — Thus much therefore may fuffice to ihew, that the rigHt of Holland in this relped is extin6i. «( c< B! i ! ' I liii I l! r ill There remains one more claim to be confidered ; a claim, which, if report had not averred, that fuch a one had beep formally offered, would by no means deferve an anfwer.— The northern crowns, whofe commerci^ treaties with Great Britain contain not any article, which gives them exprefsly a right to carry the property of the enemy, have endeavoured to deduce this right from a general flipulation, which is to be found in fome of their treaties, de- claring, that ** they ihall be treated in like manner •* as the moft favoured nation:" if Great Britain therefore hath granted by treaty to any other nation, the right, in time of war, of becoming the carrier of jier enemies ; they think they are juftly entitled to be admittCjd to the fame favour : under this pre- tence, they claim this privilege as flipulated in the Dutch treaty of 1674 : but it has been proved above» that the treaty of 1674, as far as it relates to the prefent cafe, is no loiiger in force ; if the inference therefore was otherwife juf^^ the foundation being thus ( 7« ) thus deftroyed* whatover is built upon it, tnu^l ne» cefTarily fall with it. But this flipulation of equal lavour, from the very nature of it, can relate to no- thing elfe, butfuch advantages as may be granted to foreign traders, by the municipal laws or ordinances of each country; fuch, as equality of cuAoms,, ex« cmption from the rigour of ancient laws, which would afiedl them as aliens, and the privileges of judges-confervators, and coniuls ; thefe are the pro- per objects oC favour ; and becaufe the whole de- . tail of thefe could not eaiily be {{)eci(ied in a treaty, /or this reafbn they are thus comprehended in a ge- neral article : if any rights or privileges which could be confidered as excef tious to the general rules of the law of nations, v/ere the objefls of this ilipula- tion, to what purpofe^were any other articles added, (ince this would comprehend them all ; and would alone include every privilege, which pad or futures tre,aties could aiflord them ? and can it be fuppofed, that any nation meant in this manner to preclude it^ felf from the power of exchanging, by treaty with fome particular country, any great right of its own, in return for an equal avantage ? or that this right (hould, in fuch cafe, be uiiivcrrally forfeited to' the people of every other nation, who would thus reap the benefit, without having been parties to the bargain? But this point is niade clear beyorrd a doubt, from the words of the treaties themfelves, where this gene- ral equality is ftipulated.*— In the treaty of commerce between Great Britain and Sweden, of the aifl F 4 of !H li II ( 7» ) «f October, l6^x, the principal one at prefent lii force between the two countries; the fourth article *, which contains this flipulation, plainly makes it re- fei" to fuch favours only, as may be enjoyed in mat- ters of traffic within their refpedtive dominions ; the treatment, which the contra6ling parties ihall there give to the fubje6ls of each other, is the principal purport of the article ; it Specifies many particulars, and among the reft, it flipulates that the people of both countries fliall have *' liberty to import and ** export their goods at difcretton. the due cuftoms. *' being always paid, and the laws and ordinances *• of both kingdoms univerfally obferved ;** and then, manifeftly connoting this with what follows, it adds, ** which things being pre-fuppofed, they *^ (hall hold fuch ample privileges, exemptions, li- ^' berties, and immunities,' as any foreigner whatfb* *« ever doth or (hall enjoy ;" the general equality therefore here flipulated, plainly relates to thofe places alone, where the cuftoms of thefe kingdoms are to be duly paid, and the laws and ordinances of them are in force, and, that is, only within their reipeftive dominions ; the privileges here conceded cannot poffibly have any larger extent ; and to con- fine the fenfe of the article ftill more flrongly to the explanation, which hath now been given of it, the words, '* in the dominions and kingdoms of each ♦* other," are twice repeated, to determine clearly, where that trade muft b'^ carried on, to which this favour is meant only to be granted ; if however any doubt could yet remain, in refpeft to this interpre- " tation, ♦ N« 7. Appendix* ( 73 ) tation, they who made the treaty have given the ilrongeft proof, that qnder this article they never intended to imply a right of carrying the property of an enemy ; (ince, by the 1 2th article of th^^ iame - treaty, an attempt of that nature is prohibited, and pronounced to be ''a heinous crime,** and the ftrongeft proviiions are made to prevent it.— In the treaty of commerce between Great Britain and Ruffiai of the 2d of December, 1 734, this {lipulation of equal favour is inierted in feveral articles*; but it appears in every one of them, to relate to nothing elfe, .but to the particular privileges which thefubjedls of each were to ,enjoy, while they were traduig within the domi- nions of the other.— 4n the 2d article, this equality is expreffly faid to be granted '.' throughout the do- *' minions of the conti:a6i:ing parties in Europe.'*-^ In the 3d, it relates only to *' the favourable recep- ** tion of the fubje6ls of each other in the ports of **. their refpeftive countries.**— In the 14th, it grants only an equal freedom to import^' fuchmerchan- '* diieinto each others dominions, as is allowed to " the fubjeds of any other country ;**— and in the 28th, it refers only to the *' reipe6^ and treatment* ** which is to be given to the fubje€ls of one paity, ** who come into the dominions of the oth^r.***-f In the treaty of commerce between Great Britain and Denmark, of the nth of July 1670, the lateO: at prefent in force between the two countries, the i^ipulation of equal favour is inferted in the 40th ari* tide ; it is there faid, " If the Hollanders, or any ♦* other nation, hath, or ^11 obtain from his ma- • N» 8. Appendix. C 74 ) •• jcfty of Great Britain, any better articles, agretf^ ** ments, exemptions, or privileges, than what are ** contained in this treaty, the fame and like privi- ** leges, ihatl be granted to the king of Denmark, ^ and his fubjcfls alfo, in the moil full and efl^e^ual ** manner:'* that thefe privileges relate only tqcuf- toms and other advantages of the iame kind, might be proved from the whole tenor of this treaty ; but it will be fiilHcient to (hew, that the riglft of carry- ing the property of the enemy, cannot pofliblj^ be intended by it. Holland had obtained this right in x668, two years before the Danifh treaty was concluded ; if therefore the ftipulation of equal hi- voar contained in the r 40th article, could extend to an advantage of that nature, the merchants of Den- mark would have been immediately entitled to it, firom the hour the treaty was (igned : the miniflers .of that kingdom could not be ignorant of this ; and yet in the 20th article, they have pofitively forbid the fexertion of any fuch right. They have even •expreffcd the greateft apprehcnfiqn left any liberty conceded by this treaty, fhould be interpreted to that purpofe, ** left fuch freedom of navigation," iays the article, ^'or paiTage of the one ally, and his fubje6ls and people during the war, which the other muy have by fea or land with any other country, may •* be to the prejudice of the other ally, and that goods ** and merchandifes belonging to the enemy, may be •* fraudulently concealed under the colour of being ^in amity; for preventing fraud, and taking away ** all fufpicion, it is thought fit, the (hips, goods, and ** men, belonging to the other ally, in th^eir parage « and «c «« ( 75 ) « «C *' and' voyage, be furniihed with letters of paflport;'* and in the paflport the king of DenmaHc hath bound hitnfelf to declare that the iliip, and the goods with which it is laden, ** belong to his ilibje£ksy or to others having an intereft therein, who are the fiibje^ of neutral powers,*' and that ** they do notapper* ** tain to either of the parties now engaged in war.*' Nothing r > I hop^, need be (aid, to refute this weakeft pretence to a right of carrying freely the property of the enemies of Great Britain. As there is no article, therefore, which grants a right of this nature, at prefent in force in any of theie commercial treaties, it is unnecefTary to ihew» that mod of the captures which England hath made of the vedels of neutral nations, ought not properly to be referred to it, but may be juftified by another part of the (aid treaties, where it is declared *, that all goods are contraband, which are carried to places blockaded or invefted.** The debate here would turn on the real exigence of the block- ade. — ^To evince this, I might (hew, what opinion the Dutch had of a naval blockade in 1630 'fy when they pretended to have blocked up all the coaft of Flanders, and openly avowed that they would " take and condemn all neutral (hips, which had the moft diftant appearance of being bound to the ports of that country ; I might alfo (hew their opinion of the fame in 1689, when they declared ^ publicly to neutral • Art. 41. treaty of 1674, befween Great Britain and Holland The fame article is found in every other commercial treaty, f Convention between England and Holland, 1689. t Placart of June 26, 1630. «c <( I Jll ' ( 76 ) fieutral nations, that they deiigned to block up all the ports of France. — I might obferve, that as the pofiefHons of the, principal avenues to a town, con- Aitutes a blockade by land ; and that it is not necef- fary, for this purpofe, to have made a complete line of circumvallation ; fo by keeping great fquadrons of Ihips of war cruizing condantly before the ports of an enemy, by deftroying in this manner totally his trade, and preventing his fleets of war from eyet venturmg out, except now and then a (hip or two by lleadtb, a blockade ought certainly to be conHdered as completely eftabliflied by fea. — I might .far1(her prove the caufe from its effedts ; and (hew, that the American iflands at leafl have experienced all the confe^ucnccs of fuch a iituation ; where want of communication with the nK>ther country, diftrefs, and famine, fully declare, that they have been in- vefM» But as this topic may not perhaps relate to the cafe of every capture, and depends on the parti- cular flate of d variety of fa6ts, I fhall not dwell any longer upon it at prefent : the queftion hath here, I hope, fufficiently been argued on principles, which are plain and compreheniive, on thofe equi- table regulations, which nature hath eftabliflbed among nations, and on thofe particular contracts, with which communities have bound themfelves.: and as I before endeavoured to prove, that neutral nations had no right, by the former of thefe obliga- tions, to prote6l the property of the enemy ; fo now ^ it hath been fhewn, by what policy the Dutch firft' obtained this privilege; — by what treaties it hath £nce been taken from them ;— and by what condu6t , they ( 11 ) tliey have lately forfeited, whatever might remain of this right. • Ithathalfo, I flatter myfelt, appeared, with how little reafon other neutral powers, ulider colour of any article in their treaties of commerce, have claimed the enjoyment of fuch a right.— IJpon the whole, therefore, I will now beg piermiflion to conclude, that the naval power of England hath been conducted, during the prefent war, with no lefs juftice than fpirit ;— that the faith of our fove- reign is as fpotlefs as his courage ; — and that tlie honour of our country is unblemiihed. The bafis of juA complaint being thus removed, thofe idle clamours, which have been founded upon it, by no means merit our attention ; To charge England with ambition muft appear fb abflird to all, who linderftand the nature of her government, that at the bar of reaibn it ought to be treated ra- ther as calumny, than accufation : pofleffed of every bleffing, which civil government can produce, ihe is open to no temptation, with which ambition might feduce her; purfuits of that kind might poffibly operate to the deilru6lion of her conftitu-v tion, and her lyftem of happinefs might be fubvert- ed by the augmentation of her power ; it muft al- ways be the intereft of England to proteft the juflr rights of commerce, and to fupport thofe principles, which promote the labours of mankind, fince (he herfelf can only 'be great from the virtuous induftry^ of her people. To obtain the largeft extent; for the exertion of her induftry, and for the operation of her commercial capital, is the point to which all '^ . her I I th6* they be hot contraband; and on the con- trary, any merchandifes of the enemies of the faid mOft chriftian kuig (hall not be taken or confifcated, if they are found on board any (hips appertaining to the fubjefts of the king of Great Britain, tho* the ikid tnercHandifes make up the be{t part of the whole of the lading of the faid (h'ps i but (till with an esception to contraband goods. ( 8. ) N" II. Marine Treaty between Great Britain and thu United Provinces y to be obfervid by land andbyjea^throughs tut all countries and farts of the world-, concluded at Lon' don, December the ift, 1674. Renewed by a treaty of alii-' ance between the faid fowers, February the 6th, 1715-16. Art. Villi WhatfoevCT fhall be found la^cn by his Majefly's fubjefts upon any fhip whatfoever belonging ta the enemies of thei lords the dates, although the fame be not of the quality of contraband goods, may be conBlcated : but on the contrary, all that which (hall be found put on board ihips belonging to the fubjedbs of the king of Great Bri- tain, fhall be accounted clear and free, although the whole lading, or any part thereof, by juft title of property fhould belong to the enemies of the lords the itates; except al- ways contraband goods { but \n cafe any fuch are intercept- ed, all things fhall b^ done according to the meaning and direction ofthe foregoing articles i and fo likewife, what- foever fhall be found laden by the fufa^fts ofthe lords th^ ftates in any fhip whatfoever belonging to the enemies of his majefly, although the fame be not of the Quality of contraband goods, may be confifcated : but on the othei* fide, all that which fhall be found put on board fhips be- longing to the fubjedbs of the lords the (btes, Ihall be ac^ counted clear and free, although the whole lading, or any part thereof, by juft title of property, fhould belong to the enemies of his majefly s except always contraband goods. J^" in. Treaty of 1667, between Great Britain andSpairty included in that between the faid powers at Utrecht, of No^ vember atf, 17 13, and renewed by that of Jix-la-Chapelle^ 1748. Art. XXI. The fubjeds and inhabitants of the king- doms and doniinions under the obedience of the kings of Great Britain and Spain refpedtively, may with all fecurity and liberty navigate and trafi^c throughout all the kingdoms> ilates, and countries, cultivating peace, amity, or neutrality, with either ofthe faid kings* /^ Art* XXIL ( »3 ) Art. XXli. The fliips or fiibjeas of cither o^ the fakl kings (hall in no wHfe interrupt the faid liberry by any hin- drance or diilurbance whatfoever, by reafon of any hoftility tvhich now is or may be hereafter between either of the faid kings, and any other kingdoms^ dominions and ftates, be-^ ing in friendfliip or neutrality with the other party. N* IV. Marine Treaty hitween Great Britain and tba States • General i concluded at the Hague tbi-^ of February ^ ]667>8* Renewed kjf a treaty (^alliance between the /aid powers, February 6, i ^ 1 5-1 6. Art* X. Whatfoever Hiall be found laden by his m::- jefty's fubjefts upon a Ihip of the enemies of the faid States, although the lame were not contraband, (hall yet be con-* (ifcated, with all that (hall be found in fuch (hip, withouc CHception or refervation i but on the other fide, all that (hall be (bund in any (hips belonging to any fubjcds of iht king of Great Britain, (hall be free and difcharged, al- though the lading or any part thereof belong to the enemies of the faid (laces, except contraband goods, in regard where- of fuch rule (hall be obferved, as hath been laid down in the foregoing articles. 1 N' V. A Treaty 0/ a depnjive aUlnnce between Charles IF. king 0/ Englandy and the States-General of the United Pro-- vinces of the Netberhndsi concluded at JVefiminJler, March . the 3d, 1677-8. Renewed by a treaty of alliance between the /aid power s^ February 6, 1 7 1 5- 1 6. Art. II. Moreover, there (liall be a ftri6b alliance an.i faithful confederacy between his majefty and his fucce(ri)rs, kings of Great Britain, and the faid lords the States-Gen,f- ral, their eftates and territories, for the mutual fupport and prefervation.ofeach other in tranquillity, peace, amity, and neutrality both by fea and land, in the poffelfion of all the rights, franchifes and the liberties ihey do, or ought to enjoy, or which they already, or may hereafter acquire by treaties of peace, friendfhip and neutrality, which before have been made, and may be for the time to come, con- G a joinrly H 1 i 1 1 H \k II! 3ii!i C 84 ) jotndy and in common concert with other kingSi irpubHcS^ princes and cities, within the bounds of Europe only, anii no farther^ Art. III. And thus they pronnire and oblige tkemfelves %6 be mutual guaranties, not only of all the treaties which his majefty and the faid lords the States-General hav^ al** ready made with other kings, republics, princes and fl:ates» which (hall be produced on either fide, before the exchans^ of the ratifications; but alfo all thofe that may be made hereafter, conjointly and in common concert : and to de- fend, alTift, and reciprocally to prelerve one another in poITefTion of the territories, towns and places, which do at this time belong, and for the future (hall belong, as well to his majefty and his fuccefTors, kings of Great Britain, as to the faid lords the States-General, by the faid treades, iii what part of Europe foever the faid territdrif^s, cities and places (hall be fituated; in Cafe his faid majefty, or the faid lords the States-General, as aforefaid, happen to be mo- Icfted or attacked by fome hoftile a£t or open war, by or upon any pretence whatfocvcr. Art. IV. The mutual obligation of aflifting and de<^ fending one another, is to be underftood, and doth extend to the confervation and maintenance of his majefty and the faid lords the States-General, their countries and fubjefls, irt 'all their rights, pofTefnons, immunities and liberties, as well in refpefl: to navigation as commerce, and every thing elfe both by fea and land, which fhall be found to belong 10 them by common righr, or have been acquired by treaties already made, or to be made in the manner afore- faid, with and againft all kings and princes, republics and ftates } fo far forth, that if his Majefty, or the faid lords the States, in prejudice to the faid tranquillity, peace, friendfhip, or prefent or future neutrality, (hall hereafter be attacked, or in any other manner whatfoever difturbed in the po(ref- fion and enjoyment of their eftates, territories, towns, places, rights, immunities, and freedom of commerce, navigation, or any thing elfe, which his majefty or the faid lords the States-General do now enjoy, cr (hall hereafter enjoy by common right, or by ircaties already made, or that may bi made as aforefaid -, his majefty and the faid lords the States- General, as foon as they, are informed of it, or required thereto ( 85 ) thereto by each other, (hall do all they poflibly can, coa- jointly to tcntiinatc the troubles or hoftilities, and procure rej3aration to be made for the lofs or injuries done to one of the allies. Art. y. And in cafe the faid attempt or trouble be feconded with any open rupture, that party of the two allies Vfho is not attacked; (hall be obliged to break with the dggreifor in two months, immediately after the party that is already at a rupture (hall require it } during which time he (hall ufe all his endeavours by his amba(radors and other minifters to mediate a jud accommodation between the ag- gre(ror and difturber, and the party firft attacked or mo- Ic(ted { and yet Ihall in the faid time give powerful af- Mance to his ally, fuch as (hall be agreed on by the feparato ardcles between his majefty and the faid lords the States- General ; the which, though there had ipcen po mentioa made of them in this ardcle, (hall be kept and obferved, a& if they had been inferted and fet down therein ; it being already left to the choice of that party of the allies that (hail be at rnpture, to continue to enjoy the bene{it of the fame fuccours, in cafe the conjun(5ture of the times and tlv; (late of his a^airs(hall make him prefer the e(fe(5b thereof before an open rupture of his ally with the aggrelTor. Art. VI. The mutual guaranty being in this manner promifed ande(labli(hed9 when either of the allies comes to oe attacked or molelled, if the States- General of the United Provinces happen to be in, or find themfelves obliged to enter into an open war s his majefty (hall in like manner be obliged to break with the aggrelTor or difturber, and to snake ufe of all his power, and his whole forces both by Tea and land, and to join them with thofe of the lords the States-General, when it (hall be thought expedient, in order to bring the common enemy to a reafonable, firm, an4 equitable accommodation with the king of Great Britain and the faid United ProvnI?es. Art. VI I. And in this cate the forces of his Britannic ma- jefty, and of the faid lords the States-General, (hall a6t con- jointly, or feparately, as they his faid majefty and the faid lorda . the States-General (hall then more particularly concert affairs between them : they being to advife and confult together ^i^Qiit the moft proper methods to annoy the common ene- 1 ii e 86 ) my 9 whether by way ordiverfion or otherwifcj to the end ho may fooner be brought to an accommodation as aforefaid^ Art, VIII. The faid lords the States are to perform the fame that is contamed in the two articles immediately fore-* going, in cafe the king of Great Britain ihali be attacked or molefted in the manner aforefaid. N" VI. Treaty cfJefen/tvg alUanpe htween Great Bri* fain, France, and HaUand, (oncittdjsd at the Hague the 4tb (f January 17 1 7 j renewed hy the quadruple alliance ^17181 in the acceffton efHollatjito the treaty if Hauover in 17^64 and iiy the treaty if Jix-la-CbapeU^, Art. V. A 9 the end and genuine deHgn of this altiance between the faid kings and States General, is, to preferve mutually the peace and tnnquillity of their refpeftivc king- doms, ftates and provinces, which was eftablilhed by the )aft treaties of peace between the mod ferene queen of Great Britain, the moft ferene moft chriflian king, and the £tid high and mighty lords the States-General of the United Provinces, concluded and figned at Utrecht on the nth day of Aprils in the year of our l^ord 1713, it is agreed and concluded, that all and fingular the articles of the faicl treaties of peace, (q far as they relate to the intereftsof thcf faid three powers relpedtively and c^ch of them in particu- lar, as alfo the fucceffions to the crown qIT Great Britain it| the proteftant line, and to the crown of France, accorcHng to the faid treaties, (hall have their full force and effeftj and the laid moft ferene Kings, and the lords the States-Gene- ral, promife their mutujd guaranty for the intire execution of all that is llipulated in the faid articles, lo far as they relate (as is aforefaid) to the fucceflions and intereftsof the faid kingdoms and provinces y as alfo for the maintaining and defcndin'? of all the kingdoms, provinces, territories, rights, immunities, or advantages wh|ch each of the faid' allies refpedbivcly ihall aftualjy pofTefs at the time of figning this allian9e ; fpr which end the faid kings and States-Ge-r neral have confented and agreed, that if any one of the faid allies (hall be hoftilely attacked by any prince or ftate what- foevcr, the other allies (hall immediately interpofe their good ofi^ccs with t|ie aggreffor^ to procure right to be donjO •4~ • • ■ ■ W < »7 ) to tlie piirty injured, and to induce the faid aggreiTor to a|^- ibun intirely from all farther hoftility. Art, VI. But if tliefc friendly offices fliould not have the defired efFcdt, by reconciling both parties, and obtaining fatisfaftion a.id reparation of damages within rhe fpace of two months} then thofe of the parlies contraiSling who Ihall not be attacked, fhall be obliged to sflift their ally vrithout delay, and Ihall furniih the party attacked with the fuccours hereunder fpecified, that is to fay, The king of Great Britain 8000 foot and 2000 horfe. The moft chriftian king 8000 foot, and 2000 horfe. The States-General 4000 foot, and 1000 horfe. But if the ally, who fliall be engaged in war, in the man- ner aforefaid, (hall defire to have alHflance by fea, or (hall chufe money rather than land or fea- forces, it (hall be f ^ely at his option } rhe fublidies to be furnilhed bearing always proportion to the forces above fpecified. And that no difpute may arife hereupon, ii is agreed, that 1000 foot (hall be cc ,outed at 10,000 guilders, Dutch money, a month; and likewife 1000 hor(e, at jo,ooo guilders of the fame money a month, reckoning twelve months to the year ; the naval fuccours to be valued in thQ like proportion. Separate Artjcle, Whereas in the treaty of ajli* ance this day concluded, between the moft ferene and n^gft potent king of Great Britain, and the moft chridian king, andi the high and mighty lords the States-General of the United Netherlands, there is among other things a (lipula- tion concerning the Caccours or a(Ii(lance with which- the allies are obliged mutually to help each other, in cale one or other of them (hould be ho(tilely attacked : leH: any doubt (hould hereafter arife touching the number of the faid fuccours or aHillance, by rea(bn of the alliances now fub- fiding between the crown of Great Britain and the republic of the United Netherlands, the under- written ambalfador extraordinary and plenipotentiary of the king of Great Bri- tain, arid deputies and plenipotentiaries of the lords the States- General, have judged it necelTary to declare, as they do declare by this feparate article, which is to have the fame force as if it had been inferted in the principal treaty, that the former treaties and alliances between the crown of Qrcat Britain and the United Netherlands (hall have full G 4. cfFcft ^1 ' h 1; If if II- ( 88 ) fffeft In all their articles, tut cfpccially in thoft which r*^ )ate to the fuccours or afTiftance to be mutually furnifhed according, to the proportions ftipulated in the faid treaties or alliances i which articles (hall not only remain in forc^i but p re confirrr^ed by this feparate article, and the faid pro« portions flipulated by the former alliances, as to the fuc- cours or afTidance mutually to be furnilhed, (hall be always and exadlly obfervcd, even when the above-faid fuccours Ihall be required by virtue of the treaty this day figned : and that as well the king of Great Britain, as the lords ;he States-G(?nera!, fhall, if the cafe happen, have a right to require the ibccours, cither by virtue of the former treaties, or by virtue of the alliance thjs day concluded j yet fo, that if the fuccoi^rs fhould be fur'- niihed by virtye of the former treaties, neither par.y fhall lie entitled to aflc further a(ril>ance; by virtue of this alliance, ^nd whereas the faid fuccours, as alfo the guaranty men? tioned in the fifth article of the faid treaty concluded this day, are, by a certain fepi^rate jtrticle fettled between the rnoft chriftian king and the States-General, reftrained and limited to Europe j fo likewife the fame fuccours and guar ranty between the king of Great Britain and the lords the States-General, are by virtue of this article reftrained and limited to Eurppe. In witnefs whereof^ ^c, K* VII. Treaty of Mianu and Commerce between Creaf Britain and Sweden, o.\Ji OMefi i(>6i. Art. IV. It (hall be ffee for pither of the faid confe- derates, and their inhabitants ind fgbjeyts, to enter by land pr fca into the kingdoms, countries, provinces, territories, iQands, cities^ villages, towns, wallfd or unwalled, fortified or unfortified:, harbours, dominions or jurifdiftions what- foever of the other, freely and fecurely, without any licence pr lafe cqndufl, general or fpecial y and there to pafs and repals, tq refide therein, or to travel through tl^e f^me, and in the mean time to buy provifions and all ncceflariesj and they fhall be treated with all manner of civility : it fhall be lawful alfo for both the confederates and their fubjcfts, ci- tizens and inhabitants, to trade, traffic, and carry on com- merce in all places where commerce has been at any time hiihcrto ufcd, and in whatfoever goods and merchandifc ' ' ^ ■■ ^y^^j ( «9 ) '^ey p1ea(e> provided they are not contraband; and t!ie^ ihall have liberty to import aid e^cport them at dircretioiH the due cuftoms being always p^d, and the laws and ordi- nances of both kingdoms, whether rel' ...is to merchandiiiH or to any other right, always obierved: which things being pre-fuppofed, the people, fubjefts and inhabitants of one , confederate niaJl have and hold in the countries, lands, do* minions and kingdoms of the other, fuch fiiU and ample privileges, exemptions, liberties and immunities, as any fty* feigner whatfoever doth or (hall enjoy in the (aid dominion^ and kingdoms or both (ides. Arc. XI. Although the foregoing articles of this treaty* and the laws of friend(hip do forbid, that either of thecon'^ federates (hall (limifli any aid or fupplies to the enemies of the other, yet it is by no means to be i]nder(h>od that either confederate, with his fubjedts and inhabitants, who is nots party in a war^ {hall be reftrained the liberty of trade and na- vigation with the enemies of the other con^erate, who is involved in fuch war; provided only that no goods called contraband, and efpecially money, provifions, arms, bombs* with their fuzees and other appurtenances, fire*balls, cun- powder, matches, cannon-bal), fpears, fwords, lances, ptkes* nalberts, guns, mortars, petards, grenadoes, mu(ket-re{ls» bandaliers, faltpetrc, mufkets, mulket -bullets, heknetst head-pieces, breaftpplatcs, coats of maila, commonly callecl cuirafies, and the like kind of arms ] foldiers, horfes with their furniture, nor piftols, belts, or any other ii^ftrumenta of war ; nor (hips of war and guard (hips, be carried to the enemies of the other confederate, on the penalty of being made prize without hopes of redemption, if they are feizcd by the other confederate: nor (hall either confederate per- mit that the rebels or enemies of the other be aflided by any of his fubjefts, or that any (hips be fold or lent to, or in any manner made ufe of by the enemies or rebels of the other to his difad vantage or detriment: but it (hall be lawful for either of the confederates, and his people or fubje6ts to trade with the enemies of the other, and to carry them any mer« chandifc whatfoever, not above excepted, without any im- pediment j provided they are not carried to thofe ports or Eces which arc befieged by the other; in which cafe they U have free leav^ cither to (cU their good^ to the bc-i ; . ^e^ers. If Ml I L, , I 1,1 h li'i I til! si' [, hi i * '''iW ( 9P ) ficgen, or to ref^ir with them to any other pott which ii HOC befieged. Arc XII. But left iuch freedom of navigation and palTagQ of the one confederate might be of detriment to the other, while engaged in war by (ea or land with other nations, by concealing and conveying the goods and merchandifes of the enemies of the confederate fo engaged in war, under th^ name of a friend and ally » for the avoiding of all fufptcion tnd fraud of fuch fort, it is agreed, that all (hips, carriages, w^s and men belonging to the other coniederate, (hall be fiirnifhed in their journies and voyages with fafe condudls, commonly called pafl'ports and cerdncates, fuch as are un- der-written imbatimt figned and fubfcribed by the chief magiftrate of that province and city, or by the chief com* miinoners qf che cuftoms and duties, and fpecifying the true names of the Ihips, carriages, goods, and mailers of the vef^ fels, as alfo the exa6t dates, witliout any fraud or collufion, together with fuch other defcriptions of that fort, as are ex* prefled in the following form of a fafe-condu6l and certlfi- cate. Wherefore if any perfon (hall affirm upon the oath by which he is bound to his king, (late, or city, that he has given in true accounts, and be afterwards convi£led on fuifi^ cicnt proof of any wilful fiaud therein, he (hall be (evercly puni(bcd, and incur the penalties qf perjury, [ll^e foUow^ $he pajfptrt.l Therefore when the goods, fhips, or men of either con-.^ federate, pr his fubjeAs and inhabitants, (hall meet in th^ openfea,.or in any ports, havens, countries or places what-v foevcr, with any (hips of war or privateers, or any fubjedf and inhabitants of the other confederate, after producing their letters of fafe -conduct and certificates aforefaid, nothing farther (hall be demanded of them, nor any enquiry whatfor ever m^de with refpedl; to the goods, (hips, or men, much lefs (hall they be. injured, damaged, or molcfted, but they (hall be fuffered freely to profecute their voyage and purpofe. But in cafe that the faid folemn and (lated form of a certificatQ be not produced, or there be auy other jud and ftiong caufe of fufpicion, why a (hip ought to be fcarched, which (hall only be deemed juftiHable in fuch cafe, and noc othcrwife; if the goods of an enemy are then found in fuch (hip of the confederate, that pAr<;.0P^4^ Vflv^h belongs to the^ enemi ih^ ny i ( 9« ) ihall be made prize, and what belongs (o the confederalw (bail be immediately reftored: the fame rule (hall fikewi^ be obfervcd, ifthe goods of the other confederate arc (bund on board a ihip of an enemy : if any thing be done hj either party contrary to the genuine fenle of this article, both confederates (hall take care, that the fevereft puni(h« nients, due (or the mo(l heinous crimes, be infllAed on fuch of their fubjefts and inhabitants as (hail offend herein, foi their contempt and tranfgrelTion of the royal commands | and that (ull and immediate fatisfadtion be made to the int jured party (or all damage and expcnces (of which the moft funirtiary proof (hall be admitted) by the other confei derate, or his fubjefts and inhabitants, without any iotd^ cate nic^ies of law. N"VIII. TmATY ^ Amity, Commer^a m4 NavigaSm^ ^twten Great BrUmn andRnSitt, ^ ofl^cmbfr, 1734, Art. II. There .fhallbe an entire freedom of navigation and commerce throughout all the dominions of the two contracting parties in Europe where navigation and com* merce are at this time permitted, or (hall be permitted hereafter by the contrading parties to the fubjeSs of any other nation. I Art. III. Th . fubjefks of both contrafbing parties may enter at all times into all the ports, places or towns qf either of the concrading parties, with their (hips, ve(rels and carriages, laden or unladen, info which the fubjeds of any other nation are permitted toenxprv to trade or abide there; and the mariners, pa(rengers and yedbls, whether Ru(Iian or Englifh, even though there (hou^d be any fubjeCts of any other ftrange nation anoong the cjew, (hall be received and treated in like manner as the moil favoured nation, and th« mariners and paiiengers (hall not be forced to enter into ^he fervice of either of the contra^ing parties, which n^ay have occafion for their fervice j and the fubjedts of both contrafting parties may buy all kind of neceflaries, which they (hall ftand in need of, at the current price j and repair ?n4 X%^% ^heir (hipi y^ffcU T carria|eS| and furni(h them^ , ' f?lYC3 11 \ 11 ( 9» ) IclTesMrith all manner of provifions for their fubnUenee and Toyage, abide and depart at their pleafure, without nno- lefUtion or impediment; provided they conform them- lelves to the laws and ordinances of the refpe^live ftates of the faid contra^ing powers, where they (hall fo arrive or continue. Art. XIV. The fubjefts of Great Britain may bring by ftz or by land into all or any of the dominions of RufTia, wherein the fufajefts of any other nation are permitted to trade, all forts of goods and merchandizes, whereof the im<* portation and traffic are not prohibited ; and in like man-< ner the fubjedls of Ruflja may bring into all or any of the dominions of Grea*" Britain, wherein the fubjcfts of any Other nation are allowed to traffic, all forts of merchandizes! of the produce or manufaflure of the dominions of Ruflla, whereof the importation and traffick are not prohibited, and Ukewife all merchandizes of the produce or manufacture of Afia i provided that it is not actually prohibited by any la v now in fo.ce in Great Britain ; and they may buy and export out of the dominions of Great Britain, all manner of goods and merchandizes, which the fubjedts of any other nation may buy therein and export from thence, and par-i ticulany gold and filver wrought or unwrought, excepting the filver coined money of Great Britain* Art. XXVIII. The fubjefts of both parties ihall he ^efpeAed and treated in their refpeC^ive dominions in like manner as the moft favoured nation, and the fubjedts of Rulfia which (hall come into England in order to learn arts and commerce there, Ihall be protedbed, ^voured, and in-> ilrudted : likewife if any RufTian vefTels fhall be met with out at fea by any Englilh vefTeis, they Ihall in no wile be hindred or molefted by them, provided they comport them^. (elves in the Britifh feas in the aco^omed manner } buc on the contrary they fhall be favourer; by them, and have all poflTible affiftance given them, atai that ii. the very port^ or t\ayens belonging to the dominioaf gf Great BritaioA ( 93 ) I! K* IX. Treaty 0/ AllUmce and Cmmirct between Gnat Britain and Denmark^ toncluded at Copenhagen, 1 Ub af Jnfy, 1670. Art. XVI. It (hall be lawful for either of the confeder- ates, and their fubjefts or people, to trade with the enemiet of the other, and to carry to them, "^r furnifti them with all kinds of merchandizes, (except only prohibited goods* which are called contraband,) without any impediment, un- lefs in ports and places befieged by the other j which never* thelefa if they fhail do, it fliaJl be free for them either to fell tt*;ir goods CO the beHegers, or go to any otlier port or place not befieged. Art. XX. But, left Aich freedom of navigation, or pa(^ fagfr, of the one ally, and his fubjefts and people, during the war, which the other may have by fea or by land with atiy other country, may be to the prejudice of the othpr ally, and that goods and merchandizes, belonging to the enemy, may be S-audulendy concealed under the colour of being in amity ; for preventing fraud, and taking away all fufpi- cion, it is thought fit, that the fhips, goods and men, be^ longing to the other ally, in their paflTage and voyagesj be furniflied with letters of paflpor\s and certificates, the forma whereof ought to be as foilow. [Here follows the fajf* fort^ When therefore the merchandize, goods, (hips, or men of cither of the allies, and their fubjefts and people, (hall meet in open fea, ftraits, pMrts, havens, lands, and places what- ever, the fliips of w^r, whether public or private, or the men, fubjedbs and people of the other ally, upon exhibiting only the aforefaid letters of fafe condu<5fc and certificates, nothing more (hall be required of them j nor ftiall fearch be made after the goods, fliips, or men y nor (hall they be any other way mol^d or troubled, but Ihall be fuffered with all freedom to ourfue their intended voyage. But if this fo- lemn and fet form of paflport and certificate is not exhibit- ed, or there is any other juft or urgent caufc of ibfpicion,. then fliall the (hip be fearched, which is nevcrthclefs un- dcrftood to be permitted in this cafe only. And, if any Onng (hall be committed^ contrary to the true meaning of this I < H ) ^is.irticte> againft either of the allies, each ot the faid al« lite (hall ctufe his fiibje^i and people offending, to be ib- verely puniihed, and full and intire iatisfa6tion to be forth, with given, and widiout delay, to the party injured, and his fubjeSs and people, for their wh^Ie lofs andexpences. Art. XLk Alio it is agreed, that, if the Hollanders, or «ny other nation whatever, (the Swedifli nation only ex-^ cepted) hach obtained already, or Ihall hereafter obtain any b^r articles, agreements, exemptions, or privileges, than what are contained in this treaty, from the king of Denmark, the Ame and like privUeges (hall be likewife granted to the king of Great Britain and his fubje«5ls, effefhialiy and fully to all intents and purposes. And on the other fide, if the Hollanders, or any other nation whatever, hath or fhall oblain from his majefty of Great Britain any better articles, aj^ements, exemptions or privileges, than what are con- tained in this treaty, the fame and like privileges Ihall be granted to the king of Denmark and his fubje^s alfo, in moft full and eJBTedtual manner. n< ( 95 ) The following Tkbatiss and PvBiAQ% Pa? PER8 being iiibfequent to the Time at which the foregoing Difcourfe was written, it hat been thought right to annex thetn to the Original Appendix. ' t. The declaration of the armed neutrality in 1780. 2. The maritime treaty between the empre(s of RuAa and the king of Denmark, acceded to by the king of Swt* den, aiid States General of the United Provinces, for car<» rying the above declaration into execution. 3. Explanation of the third article of the treaty of al# liance and commerce, which was concluded in 1670, be* tween iheir majefties Charles the Second and Qiriftia^ Fifth, dated the 4th July, X 780. 4. Convention between his majefty the king of SwedeA on one (ide, and his majefty the king of Denmark on the other, for the common defentce of the liberty and fecurity of the trade and navigation of Sweden and Denmark, done and concluded at Copenhngen, on the 27th March i 794, ratified at Stockholm, the 3d April. ■ ■ ' 'f 5. Extradt of a letter from Mr. JefFerfon, fccrctary 0^ ftate in America, to Mr. Genet, minifter plenipotentiary of France, dated Philadelphia, July 24th, 1793. —See ftate papers, publiihed by order of cong^efs, in 17959 p. 71. 6. Extrad of a letter from Mr. Jcffcrfon, fecretary of ftate in America, to Mr. Morris, mihifter plenipotentiary of the United States, with the republic of France, dated Philadelphia, i6th Auguft 1793.— See ftate papers, pub« Jilhed by order of coiigrefs, ia 1795, p. 82. ( 9« ) iMi ii 'BzQL AkArtovt jfrm tke Emp-e/s of Rujla h thtC&uris of Londoit, FerfaithSy and Madrid^ 1780. ; The empx^fs c^f all the Ruffias has ib folly manifefted her fentiments oif equity and moaeration», and has given iiich evident prooft,' during the courfe of the war that (he fuppocted againd the Ottoman Porte, of the. regard (he has for ttie rights of neutrality, and the liberty of univerfal com- jz^&rce, a» all Europe can witnefs^ . ^his coQdudj as well as the principles of impartiality that (he has difplayed dur- ing the prefent war, juftly infpires her with the iuUefi con- fidence, that her fubjeds would peaceably enjoy the fruits qf their induftry, and the advantages belonging to a neutral hatidh. Eicperience has^ neverthelefs, proved the contrary. Neither th^ above mentioned cbnliderations, nor the regard to the rights of nations, have prevented the fubjedts of her imperial majefty from being often mole(led in their navi- fation-, and (lopped in their operations, by thofe of the elligerent powers. Thefe hindrances to the liberty of trade in general, and io that of Ruflla in particular, are of a nature to excite the attention of all neutral nations. The eniprefs finds herfelf obliged, therefore, to free it by all the means compatible with her dignity, and the well-being of her fubjedls ; but, ))efore (he puts this into execution, and with a (incere in- tention to prevent any future infringements, (he thought it t>ut jufl: to publilh to all Europe the principles (he means to follow^ which are the properell to prevent any mifunder- (bmding, or any occurrences that may occafion it. Her imperial majefly does it. with the more confidence, as (he .finds thefe principles coincident with the primitive right of jiations, which eveiy pebple may reclaim, and which the belligeteht powers cannot invalidate without violating the laws of neutrality, and without difavowing the maxims they^ have adopted in the different treaties and public engage*' , ments. They are reducible to the following points : Firft, That all neutral (hips may freely naVigate from port to port, and on the coafts of nations at war. Secondly^ ( 97 ) Secondly, That the effects belonging to the fubjeds of ' the faid warring powers, (hall be free in aU neutral veflels, except contraband merchandize. Thirdly, That the emprefs, as to the fpecification of the above-mentioned merchandize, holds to what is mentioned in the Xth and Xlth articles of her treat3r of' commerce with Great Britain, extending her obligation^ to all the powers at war. Fourthly, That to determine what is meant by a blocked-up port, this is only to be underftood of one which is (b well kept in by the (hips of the power that attacks it, and which keep th^ir places, that it is dangerous to ent^r into it. Fifthly, That thefe principles ferve as a rule for pro- ceedings and judgments upon the legality of prizes. Her imperial majedy, in making thefe points public, does not hefit^te to declare, tliat to maintain them, and to proteft the 1 "?ur of her flag, tlie fecurity of the trade and navigati' > >. ler fubjeds, (he has prepared the greateft part of her liiiiiitime forces. This meafure will not, how- ever, influence the ftrift neutrality (he does obferve, and will obferve, To long as (he is not provoked and forced to break the bounds of moderation and perfed impar- tiality. It will be only in this extremity that her fleet have orders to go wherever honour, intereft, and need may require. ' In giving this folemn aflurance with the ufual opennefs of her charader, the emprefs cannot do other than promife herfelf that the belligerent powers, convinced of the fen- timents of judice and equity which animate her, will con- tribute towards the accomplilhment of thefe (alutary pur- po(es, which manifedly tend to the good of all nations, and to the advantage even of thofe at war. In confequeuce of which her imperial majefty will fur|ii(li her commanding officers with inftrudtions conformable to the above-men- tioned principles, founded upon the primitive laws of peo- ple, and fo often adopted in their ';onventions.. H Answer i k' ii- I |l ! • - ■ AntkWEiifrom th9 Court ^f Great Britain to the DeclaratiiM* of the Empefs of RuJJia y fent to the Britijh Envoy at Pe-v ' tefJbUrfhn April %idi ifioi DtiHhff the courfe of the war, wherein his Britannrc tnajedy nnds hittifelf e ^aged through the unprovoked agKreinon of France and Spain, he hath conftantly maiti" fefted hU fentinients of joAice, iequity, and moderation in every part of his condu^. His majefty hath afted to^^ wards friendly and neutral powers acccnxling to their Own |>r6Gedure r^fpedting Great Britain, and contormable to the cleared principles generally acknowledged aS the law of na-i tiong, being the only laW between po*.vers where no tr^ties fubfin:, and agr^able to th^ttnor of his different engage-* liicnts with other powers ; thofe engagements have altered fhis primitive lawbf mutual ftipulations, proportiowd to Xhi will and c^onvenience oi the contra ■ their contracting m^jellies have already challeqged the pri«> vileges founded on natural right, whence fpring the freer dom of trade and navigation, as well as the right of neutral p )wers ; and being fully determined not to depend in fu- ture merely on an arbitrary interpretation, devifed to anfwer fome private advantages or concerns, they mutually cove* nanted as foUoweth : Firfl,That it will be la~ A for any (hip whatever to fail freely from one port to another, or along the coafl of the powers now at war.— zdly. That all merchandize and ef- fcdts belonging to the fubjeds of the faid belligerent powers, and (hipped on neutral bottoms, (hall be entirely f.ee except contraband goods.— 3dly, In order to afcertain Ivhat conditutes the blockade of any place or port, it Is to be underflood to be in fuch predicament, when the af- failing power has taken fuch a (lation, as to expofe to im- minent dan&er any (hip or (hips that would attempt to fail in or out of the faid ports.-— athly, No neutral (hips fliall « be (lopped without a material and well-groiinded caufe, and in fuch cafes juftice (hall be done to them without lofs of time ', and beddes indemnifying each and every time, the party aggrieved and thus (lopped without fufficient caufe, full fatisfaftlon (hall be given to the high contract- ing powers, for the infult o(rered to their flag. Art. IV. In order to proted officially the general trade of their refpedive lubjeds, on the fundamental principles atorefaid, her imperial and his royal majedy have thought proper, for eflfedling fuch purpofe, each refpedively to fit out a proportionate rate of fl-iips of war and frigates. The fquadron of each of the contracting powers fliall be fta- tioned in a proper latitude, and fliail be employed in efcort- ing convoys according to the particular circumftances of the navigators and .traders of each nation. Art. V. Should any of the merchantmen belonging to the fubjedts of the contracting powers fail in a latitude where fliall be no (hips of war of their own nation, and thus be deprived of the protection ; in fuch cafe, the commander of the fquadron belonging to the other friendly power (hall, at the requeft of (aid merchantmen, grant them fin- cerely, ^d hondfide^ all neceffary a(fi(lance. The (hips. of war ( lOI ) war and frigates, of cither of the contradting powers j fliall thus protect and aflid the merchantmen of the other : pro- vided neverthelefs, that under the fandlion of fuch re- quired adiflance and proteiflion, no contraband be carried on nor any prohibited trade, contrary to the laws, of the neutrality. Art. VI. The prefent convention cannot be fuppofed to have any relative effe(fV ; that is, to extend to the differences that may have arifen fince its being concluded, unlefs ti.e controverfy (liould fpring from continual vexiitions which might tend to aggrieve and opprefs all the European na* tions. Art. VJI. If, notwithftanding the cautious and friendly care of the contradting powers, and their (leady adherence to an exadt neutrality, the Rudian and Danifh merchant- men Qiould happen to be infulted, plundered, or captured by any of the armed (hips or privateers belonging to any of the belligerent powers j in fuch cafe the ambaflador or en- voy of the aggrieved party, to the offending court, fliall claim fuch fhip or fhips, mfifting on a proper fatisfadion, and never negledb to obtain a reparation for the infult of- fered to the flag of his court. The minifter of the other contrafting power (hall at the fame time, in the mod effi- cacious and vigorous manner, defend iuch requifition, which (hall be fupported by both parties with unanimity. But in cafe of any refufal or even delay in redreffing the grievances complained of, then their majeflies will retaliate againft the power that (hall thus refufe to do them juftice, and immediately agree together on the moft proper means of making well-founded reprifais. . Art. VIII. In cafe either of the contrafling powers, or both at the fame time, Ihould be in any manner aggrieved or attacked, in confequence of the prefent convention, or for any reafon relating thereto; it is agreed, that both powers, will join, afl in concert for their mutual defence, and unite their forces, in order to procure to themfelves an adequate and perfed fatisfadion, both in regard to the infult put upon their refpedtive flags, and the lolTes fuffered by their fubjedts. Art. IX. This convention (liall remain in force for and dur* ing the continuance of the prefent war, and the obligatipn enforced thereby will ferve as the ground-work of all. treaties H3 . that m\ { '02 ) that may be fet oh foot hereafter, according to future oc* currences, and on the breaking out of any frefh maritime wars \Mhich might unluckily difturb the tranquillity of Eu- rope. Meanwhile, all that is hereby agreed upon (hall bo deemed as binding and permanent, in regard both to mer-* cantile and naval affairs, and (hall have the force of law in determining the rights of neutral nations. Art. X. The chief aim and principal objefh of the prefent convention being to fecure the freedom of trade and navt* gation, the high contradting powers have antecedently agreed, and do engage to give to all other neutral powers fres leave to accede to the prefent treaty, and, after a thorough knowledge of the principles on which it refts, (hare equally in the obligations and advantages thereof. , > Art. XI. In order that the powers now at war may not be Ignorant of the (Irength and nature of the engagements en- teried into by the two courts aforefaid, the high contraA« Hig parties (hall give notice, in the moft friendly manner^ to the belligerent powers, of the meafures by them taken ; by which, far from meaning any manner of hoftility, or caufing any lofs or injury to other powers, their only in* tention is to protedt the trade and navigation of their re« fpeftive fubjedls. Art.XII. This convention (hall be rati(ied by the contrad- ing powers, and the ratifications interchanged between the parties in due form, within the fpaCe of (ix weeks, from the day of its being (igned, or even fooner, if poflible. In wit* nefs whereof, and by virtue of the fuil powers granted us for the purpofe, we have put our hands and feals to the prefent treaty. Given at Copenhagen, July the 19th, 1780. Charles D'Osten, called Soxen. J. SCHACK RATLAtr. A. P CoMPTE Bernstorff. O. Thoft. H. ElKSTEDT. • Acceded to, and figned by the plenipotentiaries of the court of Sweden, at Peterfburgh, 21ft of July 1780, and by the States-General accepted November ao, 1780, ana figned at Peter(hurgh, January 5th, 1 781, with the addition only of article, XIII. If the refpeftive fquadrons or (hips of war (houici 2 - meet ( 103 ) meet .or unite to a6t in cc^junfkion, the command in chief will be regulated accotxJing to what is commonly pradbifed between the crowned heads and the republic. 3. The following Explanation of the third Article of the Treaty of. Alliance and Commerce y 'Ufhich was concluded in 1670 between their late Majefties Charles the Second and Chriftian the Fifths was made by a Convention^ dated th^^ j^h of July 1780, ' Les deux (buverains contradants s*engagent r^ciproque* ment, pour eux et pour leurs fucceffeurs, de ne point fournir aux ennemis de Tun ou de Tautre, en tems de guerre, aucun fecours, ni foldats, ni vaiiTeaux, ni aucuns ^es eff'ts et marchandifes dites de contrabande i de d^fen* dre ^galemeht ^ leurs fuiets de le faire ; et de punir f^vere- ment, et comme des iniradtcurs de la paix, ceux qui ofe- roient contrevenir \ leurs defenfes d, cet egard. Mais, pour ne laifler aucune doute fur ce qui doit.^tre entendu ptir le terme de contrebande, on eft convenu, qu*on n'entend fous cette denomination que les armes, tant it feu que d'autres fortes, avec leurs a0brtimens, comme canons, moufquets, mortiers, petards, bombes, grenades, cercles- poiiTi^s, iauciiles, aifuts, fourchettes, bandcroUieres, poudre, |](ieches, faltp^tre, balles, piques, epees, morions, cuirafl^&» hallebardes, lances, javelines, chevaux, felles de cbeval, fourreaux de piftolets, baudriers, et g^neralement tous au> tres aflbrtimens fervant k Tuf^e de la guerre, de mdme que ie bpis de conftrudion, le goudron, ou poix refine, le cuivre en feuille, les voiles, chauvres et cordages, et g^n^ralement tout ce qui fert diredtement a I'^quippement des vaiiTeaux ; le fer non ouvrage, et les planches de fapin cependant ex« ceptes. Mais il eft exprelfement declare, que, dans ce genre de marchandifes de contrabande. Ton ne comprend point le poiflbn et la viande fraiche ou falee, les fromens, farines, bleds, ou autres grains, les legumes, Thuile, le vin, et geue* ralement tout cc qui fert a la nourriture et fuftentation de la vie } et ainfi toutes ces chofes pourront toujours fe vendre et tranfporter, comme les autres marchandifes, meme aux lieux tenus par un ennemi des deux CQuronnes, pourvu qu*ik ne foient affieges ou bloques. 4. Com-/ ( »04 ) 1 ';,! mV ' 4. C0NVEMTI09 between his MajeJIy the King of Sweden, on me fide, and his Majejiy the King of Denmark, on the other\ for the common Defence of the Liberty and Security of the trade and Navigation of Sweden and Denmark. — Done ' and concluded at Copenhageny on the lyth of March 1 794 > ratified at Stockholm, the ;^d of April. , His majefty the king of Denmark and Norway, and his majefty the king of Sweden, having coniidered how im- portant it is for the fubjedls of their kingdoms to enjoy with fafety and tranquillity the advantages attached to a perfedb neutrality, founded on acknowledged treaties, pene- trated with a fenfe of their duty towards them, and aware of the unavoidable embarraflhients ariiing from their pofltion, in the war which has broken out in the greatefl part of Europe, have agreed, and do agree, to unite their mea* lures and intcrelts upon that fubjed, and according to the example of their predectflbrs, to afford to their refpedtive nations every protection which they have a right to ex- ped from jtbeir paternal care. Delirous befides of draw- ing clofer the ties of friendfliip, which fo happily fubfid between them, by a convention for the general defence of their rights, they have named for that purpofe, viz. his Danilb majedy, his minifter of ftate, and of foreign affairs, Andrew Peter Count BernftorfT, knight of tho order of the elephant, &c. and his majefty the king of Sweden, Eric Magnus Baron Stael of Holftein, chamberlain to her ma- jefty the dowager queen of Sweden, and knight of the order of the fword j who, after having exchanged. their full powers, have agreed upon the following articles : Art. L Their majefties declare folemnly, their intention of prcferving, during the coupfe of this war, tlie moft perfedk neutrality, of avoiding as much as (hall depend upon them every thing which might commit them with the powers in friendlhip and alliance with them, and of continuing to ihew them, as they have confti;ntly done, in circum- llajpces difficult, every attention, and even every friendly deference confiftent with their own dignity. Art. II. They further declare, that they do not claim any advantage which may not be clearly founded on all their refpeftive treaties whatfoevsr, with the different powers at war. . . . Art. III. ( lOJ ) Art. III. They alfo reciprocally bind themfelv^ to iach t>ther, and to all EuGOpe, not to claim, in fuch cafes as arte not expreiTed in treaties, any advantages that may not be founded on the univerfal rights of nations, hitherto recog- nized and refpedled by a" the powers, and all the fovereigns •of Europe, and from which rights they are as far from fup- jpoCing that any of them would incline to deviate, as they are incapable of deviating themfelves. Art. IV. The claim and maintenance of their indifput- ^ble rights, being founded on grounds fo juft, they will .^ivc to fuch of their fubjeds as (liall carry on their navi^- •tion, in a manner regular and conformable to the exiflmg treaties, but not to thofe who (hall aft otherwife, every pro- tedtion which they deferve againft all thofe who may wifli to tdiftuib, contrary to their expeftatioti,-and their hopes, the leeal exercife of thofe rights which are fanftioned, and the enjoyment of whidi, by neutral and independent nations, cannot be difputed. Art. V. In order to attain the objeft in view, their ma- jellies neutrally bind themfelves to equip, as foon as the leafon will permit, each a fquadron of' 8 (hips of the line, and a proportionable number of frigates, furnilhed with every thing necelTary. Art. VI. The fquadrons (hall unite, or feparate, accord* in^ tothe common intereftand advantage (hall require, and this matter (hal. be regulated with that friend(hip which fo rhj^pily fubfilb between the two powers. Art. VII. No diftinftion whatever (hall be made be- tween the interefts of the two nations, and the two flags, excepting that which fubfifting treaties of a contrary tenor with other nations may reqi ire. — Befides, in all ca(es of de- fence, of *.onvoy, or otherwife without any exception, the fliips of Denmark (hall defend the (hips and flags of Swe- den, as if they were tlieir own, and vi^e verfa, on the part of Sweden. Art. VIH. With regard tothe order of command, under «ll circumCbmces, it is agreed, to adopt the tenor of the 6th and 7th articles of the conveniion of July 12,1 756, Art. IX. The polTeffions in Germany, both of Denmark and Sweden, are reciprocally and entirely excluded from this convention. y Art. X. ' '' \ «o6 ) Art. k. The Baltick, which ought always to be (on- lidered as a Tea clofed and inacccffible to armed veffels of tltftant powers, is again newly declared as fuch, by the con^ tradting parties, who are determined to preferve in it the moft peifed tranquillity. Art. XI. Their majefties bind themielves to commuht- trate in common, this convention to all the powers at war* adding the mod folemn aflurances of their fincere defire to Jpreferve with them the moft perfedt friendHiip and har* tnony ; and rather to cement than to interrupt it by this mealur"*) which tends only to enfure the rights fupported and claimed by thofe powers theitifelves^ in all cafes in which they have been neutral, and at peace ; which rights^ •Denmark and Sweden never dreamt of oppofing. Art. Xrf. But if it Ihould unfortunately .happen^ that any power in contempt of treaties^ and of the univerfal light of nations, (hould no longer refpeA thcbafis of fociety, and of general happin^fs, and (hould molefl the innocent navigation of their Danilh and Swedidi majefties, in that cafe, their (aid majefties, after having exhaufted every pof-^ £ble means of conciliation, and having jointly made the moft preding reprefentations to obtain due fatisfadion and indemnification, (hall ifTue orders for retaliation, at the lateft, four months after the refufal of their intrei^ies, where>^ ever it (hall be judged expedient, the Baltick being always excepted, and (hall, in all refpedbs, be anfwerable ibr each other, and (hall fupport each other, in cafe either nation Ihall be attacked or infulted, in confequence of the prefent convention. Art. XIIT. This convention (hall fubfid, in all its daufes, as long as this war (hall continue, unlefs it (hould be agreed upon, by mutual confent, to make any addition or alteration that may be ufeful or necedary. Art. XIV. The ratification (liall take place, fifteen days after this convention (hall have been (Igned and exchanged, —In witnefs whereof— we the uhderiigned, in virtue of our full powers, have (igned the prefent convention, and hxvt afiixed thereto the feal of our arms. Done at Copen/iagerif the lytk Marchy 1794. (L. S.) A. P. V. Bernstorff. (L. S.) Eric Magnus Baron. StaEL DE HOLSTEIN. c. ExtmSi ( JO'/ ) ■Ji jEjtfirgS of n LrtTi%'fHfm Mr, Jefirfoti, Teerittry ^ State in America^ to Mr. Genets Minifier. Plenip9tentiarf of ' France, dated PhUadelpkiai Jidy zj^tk, 1793.— 5/* 5ltf/* ' PapirSt publijhtd by Order of Cvu^refs, in 1795, page 71. I believe it cannot be doubted, but that by the general law of nsLtibns, the goods of a friend found in the vciTel of an enemy, ate free $ and the ^oods of an enemy found iit the veffel of afiriend, are Uwful prize. Upon this prin- ciple, I prcfume, the BritiHi armed ^iTels have taken th« property of French citizens found in our vc(iels» in the cauf^ abc^e mentioned, and I confefs I iObould be at a lois on what principle to reclaim it. It is true that fundry nationst defirous of avoiding the inconveniencies of having theif iireflels Hopped at fea, ranfacked* carried into port, and de* tained under pretence of having enemy goods on board* have, in many indances, introduced, by thtiT fpeeial treaties^ tinother principle between them, that enemy bottoms (hall make enemy goods, and friendly bottoms friendly goods 1 a principle much lefs embarmflling to commerce, and equal to all parties in point of gain and lofs j but this is altogethet the ttte&. of particular treaty, controuling in fpecial cal'eft the general principle of the law of nations, and therefore taking effect between iuch nations only ;ts have fo agreed to controul it. England has generally determined to ad- he^ to the rigorous prihciple» having in no inilance, as far as I recoiled, agreed to the modification of letting the |)roperty of the goods follow that of the veff^U exce\ t 'a the fingle fej, and an enemy's ^oods lawful prize in theveffelo/a friendi The inconvenience of this pdrinciple, which fubjeds merchant veffels to be flopped' at fea, fearched, lanfacked^ led out of their courfe> has induced feveral nations latterly ^o ftipulate agamil it by treaty, and to fubltitute another In Its ftead» that firee bottoms (hall make free goods, and enemy bottoms enemy goods ; a rule equal to the other in point of lofk and- gain> biit le(s oppreffivt to commercei As far as it has been introduced, it depends on the treaties Aipulkting^ity and forms exceptions in fpecial cafes to the ^neril operation of the law of nations. We have tntro« jduced it into our treaties with France, HbUand, and PrufiSas the French godds found by the latt^ nations in American tx)|toms are not made prized ofi It is our wiih to efbbUih it with other nations. But this requires their confent al£;^, as a work of time; and in the mean while i they have a fight to a& oil the gener ' principle, wlthotit givu^ tout or tb France caxSt of co* 4>laint. I u FINIS. L»kr Hanfard, Printer, GrMt Tutnftile, Linca|D*(-Inn Ficlit.