Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. N. said he would inquire into the rights of France as they respected
three principal subjects, which were more particularly causes of
complaint between the two countries. These were, the right of our
vessels carrying English goods, the article respecting contraband goods,
and that respecting the carrying of provisions. He knew no better way to
determine how far we could support those articles of the British Treaty,
than by extracting the arguments of our own ministerial characters in
support of these measures. With respect to the question of free ships
making free goods, his impressions were very different from those of the
Secretary of State. He says, with respect to the regulation of free
ships making free goods, it is not changing a right under the law of
nations; that it had never been pretended to be a right, and that our
having agreed to it in one instance, and not in another, was no just
cause of complaint by the French Government. He advocates this
transaction in his letter to Mr. Adet last winter. Mr. N. said, he knew
not what was the origin of the law of nations upon the subject; he knew
not how it came into existence; it had never been settled by any
convention of nations. Perhaps, however, the point now under
consideration came as near to a fixed principle, as any other of what
are called the laws of nations ever did, as only one nation in Europe
could be excepted from the general understanding of it. Mr. Pickering,
he thought, seemed not to have given full force to this circumstance,
but seemed to have weakened the evidence. [He referred to what Mr.
Pickering had said upon the subject.] It was Mr. Pickering's idea, that
the stipulation of free ships making free goods, was a mere temporary
provision; that it was not an article in the law of nations, but a new
principle introduced by the contracting parties. In order to prove this
was not the case, Mr. N. referred to the provisions entered into by the
armed neutrality of the north of Europe; to a treaty between France and
Spain; to a note from the Court of Denmark; and to the declaration of
the United States themselves on the subject.
With respect to contraband articles, he had little to say. It was
asserted that the articles stipulated in the British Treaty as
contraband, were made so by the law of nations. Where the doctrine was
found he could not say. It had been quoted from _Vattel_; this authority
might be correct; but he never found any two writers on this subject
agree as to this article. In a late publication on the law of nations
(_Marten's_) he found it directly asserted that naval stores were not
contraband. But he said, if the contrary were the law of nations, they
were bound to extend the same privilege to France which they gave to
England: they could not have one rule for the one nation, and a
different one for the other.
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