tion, of whose territory their vessel still
seems to compose a part, so long as it does not enter the exclusive
territory of another. No nation ever pretended a right to govern by
their laws the ships of another nation navigating the ocean. By what law
then can it enter that ship while in peaceable and orderly use of the
common element? We recognise no natural precept for submission to such
a right; and perceive no distinction between the movable and immovable
jurisdiction of a friend, which would authorize the entering the one and
not the other, to seize the property of an enemy.
It may be objected that this proves too much, as it proves you cannot
enter the ship of a friend to search for contraband of war. But this is
not proving too much. We believe the practice of seizing what is called
contraband of war, is an abusive practice, not founded in natural right.
War between two nations cannot diminish the rights of the rest of
the world remaining at peace. The doctrine that the rights of nations
remaining quietly in the exercise of moral and social duties, are to
give way to the convenience of those who prefer plundering and murdering
one another, is a monstrous doctrine; and ought to yield to the more
rational law, that 'the wrong which two nations endeavor to inflict on
each other, must not infringe on the rights or conveniences of those
remaining at peace.' And what is contraband, by the law of nature?
Either every thing which may aid or comfort an enemy, or nothing. Either
all commerce which would accommodate him is unlawful, or none is.
The difference between articles of one or another description, is a
difference in degree only. No line between them can be drawn. Either
all intercourse must cease between neutrals and belligerents, or all be
permitted. Can the world hesitate to say which shall be the rule?
Shall two nations turning tigers, break up in one instant the peaceable
relations of the whole world? Reason and nature clearly pronounce that
the neutral is to go on in the enjoyment of all its rights, that its
commerce remains free, not subject to the jurisdiction of another,
nor consequently its vessels to search, or to inquiries whether their
contents are the property of an enemy, or are of those which have been
called contraband of war.
Nor does this doctrine contravene the right of preventing vessels from
entering a blockaded port. This right stands on other ground. When the
fleet of any nation actually
|