A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
While the question was in this position the representatives of Russia,
France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled
at Paris, took into consideration the subject of maritime rights,
and put forth a declaration containing the two principles which this
Government had submitted nearly two years before to the consideration
of maritime powers, and adding thereto the following propositions:
"Privateering is and remains abolished," and "Blockades in order to
be binding must be effective; that is to say, maintained by a force
sufficient really to prevent access to the coast of the enemy;" and to
the declaration thus composed of four points, two of which had already
been proposed by the United States, this Government has been invited to
accede by all the powers represented at Paris except Great Britain and
Turkey. To the last of the two additional propositions--that in relation
to blockades--there can certainly be no objection. It is merely the
definition of what shall constitute the effectual investment of a
blockaded place, a definition for which this Government has always
contended, claiming indemnity for losses where a practical violation
of the rule thus defined has been injurious to our commerce. As to the
remaining, article of the declaration of the conference of Paris, that
"privateering is and remains abolished," I certainly can not ascribe to
the powers represented in the conference of Paris any but liberal and
philanthropic views in the attempt to change the unquestionable rule of
maritime law in regard to privateering. Their proposition was doubtless
intended to imply approval of the principle that private property upon
the ocean, although it might belong to the citizens of a belligerent
state, should be exempted from capture; and had that proposition been so
framed as to give full effect to the principle, it would have received
my ready assent on behalf of the United States. But the measure proposed
is inadequate to that purpose. It is true that if adopted private
property upon the ocean would be withdrawn from one mode of plunder,
but left exposed meanwhile to another mode, which could be used with
increased effectiveness. The aggressive capacity of great naval powers
would be thereby augmented, while the defensive ability of others would
be reduced. Though the surrender of the means of prosecuting hostilities
by employing privateers, as proposed by the conference of Paris, is
mutual in terms, yet in practical effect it would be the relinquishment
of a right of little value to one class of states, but of essential
importance to another and a far larger class. It ought not to have been
anticipated that a measure so inadequate to the accomplishment of the
proposed object and so unequal in its operation would receive the assent
of all maritime powers. Private property would be still left to the
depredations of the public armed cruisers.
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