ty, if the neutral should ally
himself to the enemy. I have on another occasion said that the
principle that the flag covers the goods is forever secured--meaning
thereby that, so far as present indications go, no one power would be
strong enough at sea to maintain the contrary by arms.
In the same way it may be asserted quite confidently that the
concession of immunity to what is unthinkingly called the "private
property" of an enemy on the sea, will never be conceded by a nation
or alliance confident in its own sea power. It has been the dream of
the weaker sea belligerents in all ages; and their arguments for it,
at the first glance plausible, are very proper to urge from their
point of view. That arch-robber, the first Napoleon, who so
remorselessly and exhaustively carried the principle of war sustaining
war to its utmost logical sequence, and even in peace scrupled not to
quarter his armies on subject countries, maintaining them on what,
after all, was simply private property of foreigners,--even he waxes
quite eloquent, and superficially most convincing, as he compares the
seizure of goods at sea, so fatal to his empire, to the seizure of a
wagon travelling an inland country road.
In all these contentions there lies, beneath the surface plausibility,
not so much a confusion of thought as a failure to recognize an
essential difference of conditions. Even on shore the protection of
private property rests upon the simple principle that injury is not to
be wanton,--that it is not to be inflicted when the end to be attained
is trivial, or largely disproportionate to the suffering caused. For
this reason personal property, not embarked in commercial venture, is
respected in civilized maritime war. Conversely, as we all know, the
rule on land is by no means invariable, and private property receives
scant consideration when its appropriation or destruction serves the
purposes of an enemy. The man who trudges the highway, cudgel in hand,
may claim for his cudgel all the sacredness with which civilization
invests property; but if he use it to break his neighbor's head, the
respect for his property, as such, quickly disappears. Now, private
property borne upon the seas is engaged in promoting, in the most
vital manner, the strength and resources of the nation by which it is
handled. When that nation becomes belligerent, the private property,
so called, borne upon the seas, is sustaining the well-being and
endurance of t
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