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Original copias in printad papar covars ara fiimad baginning with tha front covar and an«'!ng on tha last paga with a printad or illuatratad impraa- slon, or tha back covar whan appropriata. All othar original copiaa ara fiimad iiaginnlng on tha first paga whh a printad or illuatratad impraa- slon, and ariding on tha last paga with a printad or illuatratad impraaaion. Tha last racordad frama on aach microf Icha shall contain tha symbol -^ (moaning "CON- TINUED"), or tha symbol ▼ (moaning "END"), whichavar appiias. I.as axamplairaa originaux dont la couvartura an papiar aat ImprimAa sont filmAs an commandant par la pramlar plat at an tarminant salt par la darnlAra paga qui comporta una amprainia d'impraaaion ou d'illustration. solt par la sacond plat, aalon la caa. Tous laa autras axampialras originaux sont filmAs an commandant par la pramlAra paga qui comporta una amprainta d'impraaaion ou d'illustration at an tarminant par la rJarnlAra paga qui comporta una talla amprainta. Un daa aymbolaa suivants apparattra sur la darnlAra imaga da chaqua microflcha, salon la caa: la aymbola -^ signlfia "A SUiVRE", la symbola ▼ signlfia "FIN". Mapa, platas, charts, ate., may ba fiimad at diffarant raduction ratioa. Thoaa too larga to ba antiraiy inciudad in ona axpoaura ara fiimad baginning in tha uppar laft liand cornar, laft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrams lllustrata tha mathod: Lm cartas, planehas, tablaaux. ate, pauvant Atra filmAs A das taux da rAduction diff Arants. Loraqua la documant ast trop grand pour Atra raproduit an un aaul clicliA, ii ast fllmA A partir da I'angla supAriaur gaucha, da gaucha A drolta, at da haut an baa, an pranant la nombra d'Imagas nAcaaaaira. Laa diagrammas suivants iliustrant la mAthoda. 1 2 3 1 2 3 4 5 6 AN ANSWER TO IFAR IN DISGUISE; OR, R E IVI A R K S OFQN CDe Beto Doctrme of CnglanDj CONCERNING » NEUTIIAL TRADE. V. i '- Illud nattira non patiatui, ut aliorum spoliis nostras faruUauv •« ropias, dpes, au,^namus : et unum debeat esse omnibus pvoposituia, i '. ♦« eadeia si utilitas unlustujusque et univeisaruin, quum si .s -' .lUu^que «*rapiat, dissolvitur omnis humana oorisoitio."- -cjcfiu- vv oratciie ^, .^f. JVEW-YORK: PRINTED BY HOPKINS AND SEYMOUR, I'OR I. RILEY cV CO. And Sold by 1. Riley 8c Co. No. I, City-Hotel. Ncw-Vom; Samuel F. Bradford, Phil.i dJphia ; Anderson & Jeffries, Baltimore ; Cottom & Stewart, Alexandria ; Seymour & Woolhoi ter, Savaimah ; Edmund Morford, Charleston ; Iiaa* Beers & Co and laatMe Cooke & Co. New-Haveu S Hudson gt Goodwin, Harttord ; William Wilkm son. Providence ; Lewis PvOus»ii>aniere, Newport ; Jolm West, Boston ; and Dani" Johnson, Portland Fehruarih ISOG, v^u Diatrict of Mio-Yorky ss> Be it remembered, That on the twenty-nipth day of Cl s ) •^^""^''y» '" ^^^ thirtieth year of the Independence of the United States of America, IsA^r; RiLKV,of the said District, hath deposited in this office the Title of a Book, the right whereof he claims as proprietor, in the words and figure following, to wit : " An Jnsiver to War in Disguise ; or^ Jicmarks u/ion the new " Doctrine of England^ concerning A'eutral Trade, " Illud natura iiou patiatur, utalioruin spoliis nostras facilitates, copias, " op»^s, augeamus : et uiium debeat esse omnibus propusitiim, ut eadeni '« sit utilitas uniuscujusqae et universarum, quam si ad se quisquc rapiat, " dioi-' it ".-orrnishumana'"onsortio." — cicEWiDE oratore. 3," In conformity to the Act of the Congress of the United States, entitled, " An Act for the encouragement of learning, by secur- " ing the ''opies of Maps, Charts, and Books, to the authors and " proprietors of such copies, during the times therein mention- '< ed :" And also, to an Act, entitled, " An Act supplementary " to an Act, entitled, " An Act for the encouragement of leam- " ing, by securing the Copies of Maps, Charts, and Books, to " the authors and proprietors of such copies, during the times " therein mentioned, and extending the benefits thereof to the « arts of Designing, Engraving, and Etching, historical and " other prints." EDWARD DUNSCOMB, Clerk of the District of JVcvt-York. t h . * ; '1'^ PREFACE. Those who ark m the habit of approving or con demning, morefrorn regard to persons than to things, wish to know the Author before they read a book. In the hope that these sheets may be impartially consi- dered, the writer wjll not affix his name. He will, hmcver, to obviate iinfomided objection, so far grati- fy the curious, as to say, that he^is not a Practitioiter qfthe Law ; he is not a Merchant ; he has no interest in Trades he holds no Office ; ajid has no connexion with those who administer the Government. m ■^>a-Mkrii>ki^k. pi tc 11 si . 8( le t I < » AN ANSWER TO WJR jy DISGUISE, &'€. The Pamphlet, entitled "War in Disguise/* on which we are about to make some remarks, is the production of no mean ability. We have been toId>that it was written by direction of the Eng- lish cabinet. This, however, we do not believe, since it shows a want of that caution and re- . serve, which usually mark the compositions of public men J our respect also for the British mi- nistti, will not permit us to suppose that, even hastily or in a convivial moment, he would assent to the general scope and tenor of this work; much less, that he would initiate its dangerous doctrine, after serious thought and mature delibe- ration. "NVe shall, therefore, treat the argument \vith freedom, unrestrained by any of that defer- ence which delicacy would impose, if we believed ourselves addressing, even at second hand, the minister of a great monarch. C *. >i •c IncfTcct, tills pamphlet appears to be written m the spirit of a lawyer, stinuilatcd by that of a merchant ; and the autlior, supporting rather a generous client than a deliberate opinion, in the zeal of argument, overleaps the bound of reason. Nevertheless, though we arc not blind to defects, we gladly pay our tribute of applause to great part of his work, especially to that which shov.s, in a mannergCqually clear and forcible, tlie mis- chiefs resulti,ng from what is called the neutral carrying trade, or what might more properly be called, the covering trade. Wc fully agree with him» that it is inconsistent with neutral duties, and eventually hostile to neutral rights; that it derogates from the nati9nal honour, poisons the public morals, and is injurious alike to our inter- est .and reputation. In this persuasion we be- lieve that, to restrain it, the American Govern- ; ment will honestly and heartily concur in every , measure of reason and justice. We acknow- ledge, with .our author, the power of France. And though we shall not pretend to conceal our 'admiration of those qualities and talents which tnai'k the Emperor Napoleon as the first man of the present age, we shall not deny, that such ^reat power, in such able hands, may be danger- ius to the liberties of mankind. We are thank- ful, therefore, to divine Providence that, in a po- sition which fortifies the sentiment of inexpiable Iiostility by the double motive of interest and ap- prehension, lie lias pliiccd a nation, whose ineal- culable resources enable h<'r to display her valour in every ermit. The geographical position of the United States, while it enables them to assail with peculiar ad- vantage the colonial commerce of Europe, con- fines them in a great degree to that species of hostility, when at war with any of the commer- cial powers. To extend therefore the right of capture, by limiting neutral rights, should l)e a leading feature of American policy ^ especially as circumstances resulting from the same position^ 9 ■ ! must so operate as to make us, when neutral, an exception to the general rule. But though our political and mercantile interests concur to favour the British tenets, we must not, by giving them an extravagant extension, transgress the bounds of reason and justice. For we fully agree with the writer before us, that " never in the affairs of na- " tions was solid security or true prosperity, pur- " chased at the cost of virtuous principle ;" and we request that this maxim may, in considering the subject now before us, be present to every mind, and impressed on every heart. The argument being levelled at America, we shall take little notice of instances brought from other countries, which cannot exist here ; and as little shall we notice American cases which show that some corrupt individuals have covered as neu- tral, by false papers and false oaths, the property of a belligerent. We say, to the adverse belligerent, punish, if you please, by cost and contiscation ; but respect the principles of .Justice — punish not one for the crime of another — charge not on all the guilt of a few ; — neither, reviving the purita- nical doctrine, that every thing is permitted to the saints, celebrate in Doctors' Commons your own canonization. The writer of ^Var in Disguise, erects his fabric of argument on what he calls the rule of the ivar of 1756, " to which (says he) the neutral powers B i »i: V\ I •• 1 ' ■ ! '■ , fl ro " have all assented, in point of principle, by sub- " niitting to its partial application." He after- M^ards tries to persuade us that, considering Bri- tain as the champion of the liberties of mankind, we ought, in aid of her exertions, to submit to his doctrine. But to urge our submission, on the ground v)f policy, in the same breath, when the subnjissiou of others is quoted as precedent to es- tablish the controverted principle, is presuming a little too much on our want of discernment. Should we admit, for argument's sake, that a neu- tral, weak and unarmed, had (from motives of fear or pretexts of policy) submitted to the outrage of an armed and powerful belligerent ; still we should deny that such right could be founded on such submission. What ! does a wrong unresist- ed become a right ? Can a momentary circum- stance form a permanent rule ? Will the silence of one prove the assent of all ? Or, shall the tame- ness of pusillr.nimity fetter the conscience and conduct of the brave? Britain, beware ! On your Channel's southern shore stands a power menacing and gigantic, who can show proofs of submission more general, to claims not more extravagant. Thus much it seemed meet to say, on a suppo- sition that the rule had been assented to in the manner above stated. But, in fact, it has not. The Dutch, for the confiscation of whose proper- ty a royal order was issued in 1758, of a very ex- 11 traordinary nature, clamoured loudly, and mnde strong diplomatic representations. The practice (now called a rule) was complained of; the prin- ciple on which it was founded, was denied by that nation, against whom it was applied; and nei- ther that nation, nor any other, has evt r assented to it — and much less to the conclusions from it, which are now stated. To suppose tlie claim set up in 1758, by the British government, was any new principle in the law of nations, would alone destroy it ; for there can be no new principle in that science. Whether it was a just conclusion from the old and acknowledged principles, will be considered in its place. But whether true or false, is immaterial as to other conclusions from the same premises. If these be just, they want no incidental support, and if unjust, no incidental support can avail. Our author, after citing his favourite doctrine in the words used by Sir William Scott, in Novem- ber 1799, says," such were the principles of a " rule first practically established by the supreme " tribunal of prize, during the war of 17<56, only ** because the case which demanded its applica- " tion then first occurred ; and it ought to be " added, that the decisions of that tribimal at the same period, were justly celebrated throughout Europe, for their equity and wisdom" — to prove which he boldly cites Blackstone, Montesquieu, « ason is obvious : Prize Courts are bound, from their nature and office, to decree according to the orders of their Sovereign. His right to establish, to alter, and to abrogate, the rules and principles of their deci- sions, is a necessary incident to his power of Peace and AVar. For it would be absurd and dan- gerous, that prize courts, by condeniniiigwhatthe Sovereign had directed them to acquit, should in- volve him in war ; or should elude his declaration of war, by refusing to condemn prizes taken from his enemy. The business of a judge, in prize courts, is to weigh evidence so as to ascertain facts ', to compare facts with the principles which are to govern his decision ; to decree according to the law of nations, when not otherwise direct- ed j and to assign such reasons for his decrees, as may best consist with the honour and dignity of his royal master. That no man can better per- c I I I! !\ 18 Jorni, than Sir William Scott, these various, ardu- ous, and important duties, will appear from the opinion just cited, in which every word is weigh- ed. And when we come to consider tlie reasons and motives assigned in the pamphlet, to support the same opinion, we think it will appear that the .ludgc has shown no less wisdom in his silence, than by his expressions. He hegins, " The general rule is," We pause to put a (juestion : The general rule of what ? We answer, of I he King's Prize Court. Sir William Scott would not commit his reputation, by saying it was a rule of the law of nations j for he knew that no such rule could be found in any good wri- ter — and had he said it was a rule of the prize court, it would have been the indirect acknow- ledgment, that it is not a rule of the law of na- tions. But afterwards, in the same argumentative decr«e, he says, " much argument has been em- " ployed on grounds of commercial analogy — this " trade is allowed — that trade is not more injuri- " ous — Why not that to be considered as equal- " ly permitted ? The obvious answer is, that the " frue rule to this Court is the text of the Instruc- '* tions.'' This, if we understand it, is a full con- cession of the point in controversy ; for the maxim, wliere the reason is the same, the law is the same, is peculiarly applicable to questions of this sort j 19 but Sir William docs not attempt, by distinguish- ing between th(' eases, to show a difterence in the reason to justify a rniithii^:at th<- saiiic time that \vhi( h thcv ui>h to cncoiira^'i'. M'lutlR'r he iias sue- cci'drd, \\\\\ apptar hy applying liis tioctriiics to facts. lake some eoinmodity which Kngland wauls, Spanish wool for instance, an articU; ne- cessary in the manufacture of superhne cloth. This can, hy her navigation act, he imported only in British orSpanish ships. In / i me of peace t an American may indeed go from Cadiz to Lon don, hut he cannot take with him an article of the growth, ])r()duce, or manufacture, of Spain, in time of war, however, it hecomes necessary to re- lax that rigorous system, and permit the importa- tion of articles piohihited in time of peace. Sir William, therefore, would give to the accustomed trade every extent of which it is capahle. But is it more an accustomed trade of the neutral to carry wool fr(m» Cadiz to London, than sugar from the Kavanna to Hamhurgh? If in the one case, he had been permitted to carry a single bale, or in the other, a single chest, the idea of extending his accustomed trade might apply ; provided al- ways, that, in fair argument, an occasional per- mission could be admitted as proof of a general practice, when indeed (being only an exception) tl it proves the contrary practiro to be general. But does England permit tlie neutral, in time olpcaer, to Import even that single bale of wool ? She docs not. May we not «ay then, in Sir AVilTuun's own lani^ua^c, tliat, so far as r(\G;art principles was opposed by much argument, and by more ridicule, on one side, it was supported on the other less vigorously than perhaps it would have been, had the public mind been prepared for the proper impressions. So long as opinions and principles areconfmedto the bosoms of speculati\ e men, magistrates have no right to interfere, and much less foreign na- tions. When such opinions and principles, car- ried into practice, (endanger the peace or morals I .♦1 19 ■**! ''I 94 of society, it becomes a lili-t iicioR- us (li'tails hoino of many coiitrivuiiccs ulilcli tlic '^q- nius of tijiM'c lias (U'viscfl i'or thai purpose. It is tlu' pros iuct- of Atlmiialiy Courts to iu\( sti;^^atc tli'v' quiMion ol" property, aud ilcl'cal, if tlicy can, such coiurivancL's. 'I'o this illccl tlii-y justly pre- siniK' cviTV tiling' in favour of tlu' captor ; litrausc the neutral, if liouest, has sullieieul proof in his power; whereas the captor is, from the nature of tliini:;: , in a less favourable condition. Presump- tions, according to the circumstavux's on which they arise, have ddVerent degrees of force, and iiiay be stronu; enough to carry conviction against din'ct testimony. Still a coint, nolwith.standing such conviction, will not decree in the face of evidence. The neutial claim nuiy become a sub- ject of diplomatic d scu.-sion, and a decree against evidence would iiardly be supported by the go- vt;! lunenl un^ 39 In the course of last war, three diiTerent instruc- tions on this subject were given by liis Britannic majesty, to his ships of war and privateers. The fu'st, dated Nov. 1793, in the spirit of those issu- ed in th(! seven years' war, directed them " to stop " and tietain for lawful adjudication, all vessels " lame system (whether good or bad) which the French had adopted. But we conclude, from the flourishing state of Martinique and Guadaloupe, now that the French monopoly is destroyed, that the commerce of those colonies is not, as former- ly, for account of France ; because if it were, they would not flourish mo"e now than they did heretofore. Hence we cor sider it as demonstrat- ed, by the very conclusion our author has himself drawn, that our flag is not, as he pretends, a mere cover of belligerent trade. He ij5s taken pains to prove that a commission to cover property, is more advantageous to the neutral, than trading on his own account ; and thence he deduces a presumption that such neu- tral, ciAgaging in unaccustomed trade, carries it 51 on for the belligerent. This, like every other presumption, is to be weighed by the prize court ; and we can safely leave it to their consi- deration. If, however, it be urged in justlnca" tion of orders to be issued by the government, we are bound to declare, that, in our conception, the fact is diiTcrent, and will support the adverac prC'- sumption. It seems to us an act of idiocy in the belligerent, to give more for covering his proper- ty than the profit of the adventure. This would be trading to a certain loss. And, however light- ly our author may treat their morals, he will hard- ly charge either belligerents or neutrals with so great a mercantile sin. One would su|}pose that this subject, falling so much within the province of common arithmetic, no logic would be needful to show that men will not prosecute a trade that do-s not pay commissions. But since the author, in the same page, asks whence our merchants liave derived " the means of purchasing the costly ex- ** ports of the Iia\anna and other Spanish ports?" it is proper to inform him, that our capital is greatly increased by trading honesllij on our own account, with the colonies of the pov\ers at war, instead of accepting t//jr/wwt?>7///, a covering com- mission of small comparative value: that the ca- pital and ind;'.stry of ^^merica have greatly ex- tended her credit ; mo/e especially on the ex- change of London; and that British capital iinds 5(i ■ 'U fci ;, ,K. a valuable employment in subserving our com- mercial enterprise. If he will have the goodness to ask well informed men in Europe, they will tell him that for half a century the commerce of France and Spain has been supported, in a great degree, by Dutch and English funds. If he will read the parliamentary debates, for the last dozen years, he will see repeated assurances given by British ministers, that the French merchants have been long since ruined by assignats, requisitions, and forced loans ; that the Spaniards are wholly exhausted by military expenses, contributions, and paper currency, and that the Dutchmen's purses have, in French presses, been squeezed to the very husks. After such decisive facts, vouched from such high authority, we must be par- doned for expressing, not merely surprise, but astonishment, that any man in England should suppose our trade with the French, Spanish, and Dutch colonies, is supported by the capital of France, Spain, or Holland. But the writer of War in Disguise, after toiling hard to show, (what we venture to assure him is not a fd^f) that our commerce is but ostensibly neutral, omes forward, in page 102, to his main object: " After all (says he) let it not be supposed " that fJie important conclusions to which I reasouy " depend on the fact, that the trade in question is '^ carried on chieflv, or in some decree, on account 53 m- irss ill eof reat will zen 1 by lave ons, * of our enemies. Were the conlrary conceded, ye- ** ry little, if any j deduction need on that score be " made from the sum of the mischiefs here as- " cribed to the encroachments of the neutral flag." Thus the ground of right is completely abandon- ed, and the question is confessedly put on the ground of convenience. We enter here our so- lemn protest, onbehalf of ourselves, of other neu- tral nations, and of all the societies of civilized man : We protest against the violation of princi- ples laid down by tiie ablest writers, adopted by the wisest princes, and sanctioned by the consent of ages : We desire it may be distinctly under- stood, that, when we touch this argument in de- tail, we do not in the least or for a moment admit that it can ever be a proper subject of deliberation with honest men. No; it should be at once re- jected in the gross, with gener ^ indignation. Since, however, all men are not honest, we hope for pardon in attempting to show that the argu- ments in support of that pernicious doctrine, are as weak as they are criminal. In his l05th page, the author calls his reader's attention " to a single and highly important fact : " the produce of the West-Indies (says he) sells " cheaper in our enemy's ports, than in our own." This may be the fact of a moment, arising from some accidental excess of supply beyond the de- mand, joined to a ivant of capital to purchase on 1! i;} pi I; n ii K:'. m It! :ii 54 speculation. If so, it proves nothing. It may al- so be a general result of tliree distinct caiues : 1st, Superior cheapness of the article at the place of purchase : 2d, Superior cheapness of transporta- tion to the place of sale ; and ^d, Inferior profit taken by the trader. Thr iirst cause has, we be- lieve, existed for a long period antecedent to the present war; but if not, it goes to prove that the war has occasioned distress to the French and Spanish colonies, which could not be wholly al- leviated by the neutral intercourse. The second and third causes, merely show our willingness to work for a moderate compensation. This per-^ haps is the great grievance. We prevent those immoderate gains which might be made, but for our competition. To remove it, the commerce of neutrals, the rights of neutrals, and the public law of nations must be destroyed. Powers of Eu- rope, awake ! America is to be plundered, in or- der that a tribute may be raised from your sub- jects, by the commercial rapacity of Britain. Is it for this you pour out the blood of those faithful subjects in her cause ? Another of our crimes is, that we diminish the profit of sugar refiners, arising, he says, chiefly " from an advance (pending the process) in the " prices of the raw, and of course of the refined " commodity." In ♦ aer words, we by our in- dustry, diminish the benefits which that useful 55 class of citizens expect from their monopolij. Thus, by disappointing the engrosser, we render the ar- ticle cheaper to the general consumption of Bri- tish subjects. Our rights, therefore, must be in- vaded, and our property must be plundered, that refined sugar may become dear in England. And this argument is addressed to the good sense of EnGflishmen ! Having thus completed the list of grievances and of sufferings, with which the good people of England are afflicted, he proceeds to the benefits which accrue to their enemies. And first, says he, " the hostile treasuries are fed by the same " means, with a copious stream of revenue, with- " out any apparent pressure on the subject ; a re- " venue whi(;h otherwise >vould be cut off" by the " war, or even turned into our own cofffers," How a revenue could be turned into the coff'ersof Britain, by leaving the articles neutrals now ex- port, to perish in the colonies of her enemies, w^e are not so happy as to comprehend or conjecture. AVhether the weight of taxes be lessened by taking off* only the apparent pressure, we leave to be de- termined by those who prefer appearances to re- alities. But we must take the liberty to say, that, in our humble apprehension, the real pressure of taxes can best be borne by foregoing the con- sumption of useless luxuries. We never have be- M (! i:| (, 'VI' ' r-'. if 56 lievcd, notwithstanding the fashionable opinioi)> that power is the appendage of trans-atlantic possessions. We never have believed, that mo- dern refinements and modern delicacies, form the strength and the sinews of a state ; still less, that a great and brave nation can be ruined by taking from her the occasions of luxurious extravagance. When the French Emperor's power is attributed to an interconrse with his colonies, by the inter- vention of a neutral flag; we ask, whether it was by the aid of colonies that Henry the fifth wrested the sceptre of France from the gripe of her feeble monarch ? Was it by the aid of colonies that Elizabeth destroyed the armada ? »v as it by the aid of colonies that Lewis the fourteenth made Europe tremble ? Did the power of Spain, under Charles the fifth, rest on colonies ? Have those colonies, now so flourishing, added (in modern times) a single nerve to Spanish strength, or a single ray to the old Spanish glory ? Did Peter the great — did the immortal Catharine — rely on American islands, cultivated by African slaves, as the base of their colossal dominion ? Or was it by the aid of colonial produce, that Frederick bore up against the hostility of almost all Europe? Xo : it was by genius and discipline, not by sugar and coffee, that he went triumphant through the seven yearlonies und oonniieree : an additional proof, hy the? way, that these distant pus.sessions ratiier diminii^h than in- crease the power of a nation. Lc^t us, in tlu; true spirit of our author's reasoning, suppose that Bri- tain, exercising? the power attributed to her by the learned Judi^e, should take all the French, Spa- nish, a>id Dutch colonies ; this would but so much the m(>r(^ conc( ntrate their ujaritime power and enable tliem " to enqdoy their whole military ** marine in ()ur|)oses of otVensive war." It fol- lows, therefore, that her expensive exj)editions to the East and to tlie West, would, if crowned with all the success her fondest wish might desire, only tend to strengthen her enemies. Already she bends under the weight of her vast dominion, and perhaps (at no distant period) may wish, like the wise Augustus, to circumscribe her empire ; but I Gt} wMIp Ikt j?ovfrnm(Mit labtmrs, by cxtrndinp it, to produri' tin; evil roiuplaincd of, surely vvc nuiy bo IMTinittcd to carry on our lawful trado, even tliou^li it sbould in sonir small dri^rre ('oiitril)utt' to tho unavoidable result oftbeir own pursuits. Anotber (barge brougbt against neutrals, as being a (onsequrnei! of tbeir trade, is, tbat, not- witbstanding those f]((*ts, wbicli cover tlu; ocean, s«/ine little privateers in the West-Indies, now and tlien make prixe of a Hi itisb .sbip. Tbc argument staiuls tbus: Sucb is the power of tbe BritiKb ma- rine, tbat if ber enemies sbould fit out mcrrhant ve.ss< Is they would surely be taken: tlu'refore, tbey do not fit out nwrchuntmcn : tbey are ohlig- ed to employ their seamen : therefore tbey tit out privaf(rr\- : if neutrals did not trade witb thenj, they would lit out merchantmen to be certainl}! taken : if tbey fitted out m(3rcbautmcii to be taken, tbey could not fit out privateers to take other folks : therefore, it is tbe fault of neu- trals, that tbey fit out privateers : moreover, // tbe Britisb cruisers bad a cbance to make rich prizes, they might be more alert: //'tbey were more alert, tbey might catcb those privateers — those privateers are scarce worth catcbing: therefore, tbe British cruizers don't look after them: therefore, those privateers> not being hin- dered, now and tben make a prize : tberefore it is l'^ .: ( mi hf f:f u m 04 tlie fault of the neutrals, that such ])rizes are made : Ihis reasoning is conclusive, therefore the conse- quences draw '1 from it are self-evident. The neu- trals, in carr^MUg- on their commerce, could have had no view to their own advantage, which is only a remote and indirect consequence : therefore, they must ha\e been moved by u view to the aforesaid fitting oiit of privateers, which is a necessary and direct consetjueiice. To act with such a iiostilc intention, is to take ]>art in the war : to take part in the war, exposes to confiscation: therefore, the neutrals are justly liable to confiscation. — It n)ight he proper to add, like lord Peter in the tale of a tub, this is clear reasoning, and may you all be d — d for a pack of rascals, if you preterul to dis- pute the conclusion. Another great injury com[)lained of, is, that no prizes can be made on the enemy, " the only means by which a victorious admiral, when " raised, as a reward for his illustrious actions, to " civil and hereditary honours, can hope to sup- " port his well-earned rank, and provide for an " ennobled ])osterity:" that the attempt to con- f\sr£de neutrals, as the law now stands, is gene- rally a fruitless task, and at any rate attended with tedious litigation, " an evil peculiarly un- " pleasant to the ardent mind of a sailor :" that no captures, except those founded on the breach (( 6^ Re: se- lou- lave of a blockade, "which are of small value," can now be safely relied on : that thij is a great dis- couragement to engaging in the sea service : and therefore, that this valuable class of men " ought " not to be shut out from their ancient advan- " tages, or be jostled by every neutral, in pursuit " of their lawful game, and so sit down m pover- " ty at the peace." Alas ! poor Britain ! Having destroyed the commerce of her enemies, she must weep, like poor Alexander, because there is no new world to conquer ! The Barbary powers, when they have hunted down all the game of one christian nation, make peace and go to vvar with another, in pursuit of fresh game. These Barba- rians have the candour to avow that prudent cause of peace, and this Jionourable motive to war. They have also the good faith to disclaim the law of na- tions, which they term, in derision, our Christian law. In the new shape the war has now put on, the kind sympathy of our author will, we pre- sume, be extended from the sufferings of seamen to those of their brethren in the land service. With the same mild and gentle temper, from the same charitable and patriotic considerations, and in the saip.e course of just and honourable argu- ment, he will doubtless excite the British soldiers in Germany, to r \ indiscriminate plunder of friend and foe. 1 m : ' '-A '■if ■ 'If'" ^i/f- 66 Another sore evil under the sun, is, that from a want of prey, the business of privateering has been discouraged. I'his mild species of warfare, whose beginning is benevolence, and whose end is virtue, has decayed ; but from no want of mo- ral principle. Good men are still willing to seek wealth, by the plunder and ruin of industrious families ; but their laudal)lc zeal has expired, from the mere want of objects on which it might be displayed ! True it is, that seamen who might have been engaged in this gentle occupation, are now employed in merchant vessels, or public ships of war. But the nation loses one inestimable advantage. The liberal use made of the means of war by men whose native energies had never been repressed by the pedantry of education, and who, in this pursuit of human game, were libe- rated from the restraints of law, used formerly to furnish occasions for the exercise of diplomatic skill. Thus the genius of statesmen was display- ed, matter was furnished for conversation to the various coffee-houses of the metropolis, and, above all, the nation could easily be embroiled with her neighbours, so as to multiply the chances of pro- viding for ennobled posterity of victorious admi- rals ! The increase of American shippuig, though the last, is not the least of those evils our author com- 67 Ima has I'are, end i plains of. America is growing into greatness, and the war seems favouraf>le to her prosperity. That it is so in reality, may be doubted, without incur- ring the charge of seepticism ; but certainly it has that appearance ; an appearance alarming to those who would grasp at all trade, while com- plaining that, for the protection of what they al- ready possess, the navy of Britain must be spread over every sea. To check this envied prosperity of America, blooming on the general felicity of mankind, it is proposed to make war ; not in dis- guise, but open and flagrant, as it is unprovoked and unjust. And in order that a conduct so con- temptuous of the mora! sense, may want no cir- cumstance of insult, not merely to the United States of America, but to every Sovereign in Eu- rope, this war is now prompted, and is hereafter to be defended, on the principle that Great-Bri- tain can in no other way fasten on the necks of other nations, the yoke of her commercial mono- poly. But our author would fain justify the conduct he has recommended, and to that elfect, assuming the thing to be proved, (viz. the validity of his supposed rule,) he says, " If I should dictate to a neighbour, that in crossing a certain,field which lay between our respective tenements, he and " ins servants should confine themselves to a cer- tain path which I had marked out for the purpose, (( (C a 11 1 1'' I'll •ill N n 1 f.r ,)•-;. 1 i: III If.; i 68 " and if he should for years comply with the re- " striction, or submit to he treated as a trespasser " whenever he deviated from it ; I might consist' " entlif enough, if I found the passage a nuisance, " shut it u/) altogether : hut it would bo grossly " inconsistent in him to deny my right to the field, " and pretend it was common land." The reader will observe, that his right to the field is exactly the thing in controversy. If indeed the right were his, he might consistently shut it up. But if it were a piece of common land, and if, to avoid the assaults of a quarrelsome neighbour, I should for a while travel over it by the narrow path he had prescribed ; and if, presuming on my pusillanimi- ty, he should shut up that narrow path, might I not lawfully remove the obstruction, and call the neighbourhoo^d to my assistance r The sea is a common right to all nations, and the right to trade is equally common. Neither the ocean, nor the commerce borne on its bosom, can be considered as the private property of any 6ne nation : still less, will quaint allusions support extravagant claims. The aullior has more semblance of reason, wlicn he says, ** it would be a most extraordinary " and unprecedented situation for two friendly *' powers to stand in, if the one had a right to any *' thing whicu is destructible to the other." Here it is assumed, that one friendly power cannot 69 justly do what is destructive to another; a posi- tion wliich must at jiny rate he so qualified as to reach only cases oi' direct and evident destruction. In such cases, the duty of self-preservation gives rights, founded on necessity, which we will pre- sently notice: but these cannot arise from the mere apprehension of remote and contingent inju- ry. The power of Venice, founded on her lu- crative trade to Asia, was destroyed by Gama's discovery of the Cape of Good Hope ; the com- merce of India was thereby turned into a new track, and wholly lost to that republic. But if Venice had insisted that all nations should forgo the benefits to be derived from that discovery, be- cause of the injury she might thereby sustain, the pretence would have been considered as equally insolent and ridiculous. Even in the limited sense of the above position, it admits of excep- tions. If my friend puts himself in a situation where the exercise of my perfect right, though injurious, or even destructive to him, is, never- theless, essential to my own preservation, he can- not expect that, to save him, I should sacrifice myfelf. But our author, after laying down his maxim, instead of applying it to the extreme case on which it was predicated, viz. national de- struction, takes up a different and inferior case, viz. the ruining his hopes in the war, and giving his enemy a superiority at sea, which may render Hi i .'■ \ H' iit m England a province of France. If then we take the rule, and the application of it together, it would follow, that a neutral must forego the exer- cise "f nis perfect right, whenever, in the opinion of a belligerent, it w\ll rain his hopesy or give to his enemy a superiority which mai/ eventuate in conquest. And from this conclusion he goes to another conclusion, which certainly does not fol- low, viz. that if the neutral will not, in subservi- ence to the belligerent's apprehensions, forego the exercise of a perfect right, the belligeient may lawfully seize and condemn his property. Thus he would make, not the necessity, but the apprehension of a belligerent, equivalent to the guilt of a neutral. That necessity gives rights, is certain; but these rights have their limits, as well as their foundation, in reason. Necessitv will authorize whatever will be needful for self-preser- vation ; but no more. The belligerent, therelbre, may lawfully take goods going to his enemy, in the course of a lawful trade, provided they be ei- ther necessary for his own defence and existence, or that, under existing circumstances, it is dan- gerous to him that they should reach their desti- nation. But this right, resulting from the un- questionable right of self-preservation, can by no means dispense with the duties of good faith and justice. These bind him, while pursuing his ene- my, not to injure his friend : He must, therefore^ 71 ike it :er- tion to in to f'ol- K he take such goods, pay for them the highest price, with the charges resulting from capture and detention. Under this restriction, the neutral may repose some confidence in the reasoning of a belligerent on his own danger; for it is not to be supposeci that he would wantonly exercise an ex- pensive right. Having thus shown how far a bel- ligerent may go, under the plea of necessity, let us suppose the doctrine contended for, by the au- thor of War in Disguise, to be adopted into the law of nations, and trace the consequence. May not the French Emperor assert, that the wealth and power of Britain are avowedly founded on commerce ; that a great and essential part of that commerce can, in time of war, be carried on by neutrals alone; that such commerce, therefore, contributing manifestly and directly to the power of his foe, is ruinous to his hopes in the war; and that, enabling England to subsidize continen- tal powers, it may eventually give her, on land, the same superiority which she actually enjoys at sea.? It cannot be denied that this reasoning is as conclusive, at least, as that of the pamphlet under consideration ; neither can it be denied that one of the belligerents has an equal right with his adversary to reason about his own affairs. If then lucrative rights are to accrue from the ap- prehension of remote and eventual danger, what shall prevent him from putting in his claim ? In !'!• r; »*( Um i =! H:'^1 '^ ■' ii ; I: 'I 78 his high station, an honourable pride may disdain claims founded in the avowal of fear ; but, sliould he descend to such abuse of argument, would he not go to his conclusions with force and fairness, equal at least, to what his opponent can display ? Our author, after much of inferior matter, which we will not notice, because it would be tedious, and because it dissolves and vanishes on the application of sound piinciples, tells us at last : " after all that has been or can be said, on " this important subject, one plain question will " probably be felt decisive by every equitable " mind. Quo animo ? With what intention did " the enemy open the ports of his colonies to fo- " reign flags ?" To this plain question, we make as plain an answer — the answer which our author himself would dictate. We verily believe it was not done out of any regard for us, but solely with a view to his own interest and advantage. And what then ? Must I, to defend my right, prove that your enemy was actuated by pure love and kindness towards me ? Since when, have states been governed by the dictates of a stark-naked benevolence ? What sort of proof is expected ? What semblance of proof can be given, that a so- vereign has absurdly neglected the interest of his own subjects, to promote that of a stranger ? In the common walks of life, we sometimes meet with ill-natured men, who are constantly cavilling 73 at the conduct of others, and assign criminal mo- tives to innocent or laudable actions. Such miser- able motive-mongers are generally despised and detested ; but here that hateful, contemptible, captious temper, is recommended as the standard of national justice — if, indeed, it be not a pollu- tion of the sacred name of justice, even to mention the word in connexion with a proposal so enor- mously flagitious ; with the deliberate plan to im- pute the prudent regard of one for his own inter- est, not to hiniy but to anothery as guilt ; to punish it as guilt. Here is a system audaciously propos- ed to the world, according to which, a neutral (in pursuing his lawful trade) shall be held not only to prove that he was himself actuated by such mo- tives as a belligerent chooses to prescribe, but also to answer for the motives of an adverse bel- ligerent ; a system, according to which, if it should appear only probable, that such bellige- rent had not been either foolish or mad, but had in his public conduct consulted his own interest, the property of a neutral is to be sacrificed. Such is the closing argument, and such as it is, the writer fails not to triumph, and to conclude, " that the illegality of the commerce is as certain as " its mischievous tendency ; that to engage in it " is to interpose in the war; and that the mer- K I U' ^N I :'. I : H ^8j. 'r i '^•11 74 " chants wlio thuspfrossly violate the Juties, have ** no claim to the rights of neutrality." Having thus, l»y his sovereign will, stripped the neutrals of their rights, he calls ii , to aid his argu- ment, the ultimate reason of kings. He would extend tlie horrors of war to regions which it has not yet afllicted. Ho can view with indifl'ercnce the scenes of plunder and the fields of blood : nor is he deterred from his fell purpose by the com- punctious struggles of humanity. Yet even in the whirlwind of his wrath, though reason and con- .seience are silent, interest more viir''ant whispers to his ear, " our trade might be mu.erially injur- " ed by a war with the neutral powers." Atten- tive to that voice, and obedient to its monitions, he consoles himself in the hope, and avows the confidence, that a contraband trade now carried on between the English and their enemies, may be extended, by permissions under royal authority, so as to bring to British havens the commodities now transported iii neutral ships, and vend British manufactures in the colonies of France and Spain. He holds out this resource, at once to calm appre- hension and stimulate avidity. He excites his countrymen to seek in plunder an immediate pro- fit ; and, lest they should be deterred by a view of that distress to which their manufacturing towns r* he would be exposerl, lie shows how to obviate by jifiiilt lliocorisequenre of folly. Fearful, however, that some timorous conscience might catch and spread alarm — fearful that the proud integrity of Enjjflaiul should revolt at counsels which lead to crimes, — he adds, " though I cannot undertake to " dcfi'iidthe consistency oflicensingto Britishsub- " jects a trade with the enemy from which ue claim " a right to exclude neutral nations, yet, should " those nations attempt to compel a surrender of " that important right by cutting olf our com- " merce, the remedy would be consistent and just." Thus the criminal circle is complete ; and thus the plan becomes perfect. A plan not more pro- digal c than absurd, and which would be ridicu- lous l)ut for its atrocity. Yet in the moment of proposing this complication of all which can of- fend the reason, insult the pride, or alarm the con- science of man, he makes an appeal to God. " Let (says he) our humble confidence be placed "' in him at whose command nations and empires "rise and fall, flourish and decay." Yes! yes! The fate of empire is in the hand of God : he will punisii lur(^ olfending nations, and has wisely or- dained tliat the violent and unjust shall be the certifiers of their own destruction. England ! you have solicited continental aid to ward oft' im- / s !i 'il I'i i pjiiding dan.c^rr: vonr rnemy has declared that his war is ii giMicral intrrt-st: that it is wagt'd to e8tal>lish a p^enerul nurht: that you are tyrants of the sea, and, in pur'Juit of crain, violate the first principles oiiusiico. IsUiis iIk- liinpiuKCof truth? If it uc, how can vou ask the ;iid ofniMii^ How can you supplicate the favour of God ? i:' FINIS. h -:i The first cilition of WAR IN DISGUISE, inSvo. and the 2d edition, in 12mo. fur Snie, wholesale and retail, by I. RIL£y ^ CO. No. 1, City- Hotel, Broadway. tr ti i* • i '.* :hat ito s of first ith? low editioOi 1, City-