Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The treaties of the United States with foreign nations are in harmony
with the principle so energetically proposed and upheld,--beginning
with the Treaty of Amity and Commerce with France in 1778, and ending
only with the Peruvian treaty as late as 1851. Here is the provision in
the treaty with France, negotiated by Franklin, whose wise forethought
is always conspicuous:--
“And it is hereby stipulated that free ships shall also give
a freedom to goods, and that everything shall be deemed to
be free and exempt which shall be found on board the ships
belonging to the subjects of either of the confederates,
although the whole lading or any part thereof should appertain
to the enemies of either, contraband goods being always
excepted. It is also agreed, in like manner, that the same
liberty be extended to persons who are on board a free ship,
with this effect, that, _although they be enemies to both
or either party, they are not to be taken out of that free
ship, unless they are soldiers and in actual service of the
enemies_.”[73]
The obvious effect of this stipulation is twofold: first, that enemies,
unless soldiers in actual service, shall not be taken out of a neutral
ship; and, secondly, that such persons are not contraband of war so
as to affect the voyage of a neutral with illegality. Such was the
proposition of Franklin, of whom it has been said, that he snatched the
lightning from the skies, and the sceptre from tyrants. That he sought
to snatch the trident also is attested by his whole diplomacy, of which
this proposition is part.
But the same principle is found in succeeding treaties, sometimes
with a slight change of language. In the treaty with the Netherlands,
negotiated by John Adams in 1782, the exception is confined to
“military men actually in the service of an enemy,”[74]; and this same
exception is also found in the treaty with Sweden in 1783,[75] with
Prussia in 1785,[76] with Spain in 1795,[77] with France in 1800,[78]
with Colombia in 1824,[79] with Central America in 1825,[80] with
Brazil in 1828,[81] with Mexico in 1831,[82] with Chile in 1832,[83]
with Venezuela in 1836,[84] with Peru-Bolivia in 1836,[85] with Ecuador
in 1839,[86] with New Granada in 1846,[87] with Guatemala in 1849,[88]
with San Salvador in 1850,[89] and in the treaty with Peru in 1851.[90]
Public-domain text, read in full here on John Shaqi.
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