Before examining the third point of the complaints urged by the Americans, it will conduce to the general comprehension of the whole scope of the quarrel if reference is made to the proceedings of the merchants and shipowners at New York shortly before this period. It requires very little penetration to perceive that the arming of vessels in the ports of the United States, under pretence of being bound to the East Indies, was a mere cloak for privateering. There were then plenty of freebooters under the American flag, who cared but little which side they espoused, so as they could succeed in a very profitable maritime adventure. In fact their depredations on the seas rose to such a height that Congress was at last compelled to take cognisance of their proceedings, and a Bill was brought forward to restrain merchant vessels of the United States from sailing in an armed condition. The shipowners of New York upon that occasion put upon record their sentiments, and some of the principles they expounded are well deserving reflection and attention. They[326] acknowledged with satisfaction that since the commencement of the existing war the commerce of the United States had not, to their knowledge, suffered any injuries which could justly be attributed to the governments of Europe. They disclaimed explicitly any intention to derive unfair advantages from the misfortunes of the belligerent nations; and they solemnly engaged to support with all their influence any regulations enjoined by treaties or by the established usages of civilised States. They only desired to foster their native genius for enterprise. The duties of neutral merchants, as understood by them, consisted in the observance of the following rules:— 1st. Not to protect under false appearances the ships or property of the subjects of belligerent nations. 2nd. Not to resist reasonable visitation and search by the ships of war of belligerent nations. 3rd. Not to supply either party with articles contraband of war; and, 4th. Not to enter ports in a state of blockade. [Sidenote: Views of the New York shipowners.] They did not consider it a duty or usage of neutral nations to enforce by legal sanction the observance of these rules, but merely to apprise their citizens of the nature of their obligations, arising under treaties or under the general law of nations, by which they would be subjected to such penalties as custom had established. These penalties, the New York merchants asserted, could only be rightfully inflicted by regular tribunals, established by the belligerent nations in such fashion that they should not exceed the right of condemning the property attempted to be illegally concealed or transported: they would, accordingly, cheerfully submit to a law for restraining the armament of private merchantmen, except in conformity with the following principles: [Sidenote: Conditions with respect to private armed vessels.]