History of merchant shipping and ancient commerce, Volume 2 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 2 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
1st. That the vessels should wholly belong to citizens of the United
States.
2nd. That the cargoes laden on board such vessels shall wholly belong
to citizens of the United States, and except necessary munitions and
merchandise to and from ports eastward of the Cape of Good Hope, and
westward of Cape Horn, shall in no degree consist of articles declared
contraband of war, either by the general law of nations, or by treaties
with the United States.
3rd. That the owners of armed vessels be required to give bonds for a
reasonable amount that they shall not sell or charter such vessels in
the dominions of any foreign state or nation, in America or elsewhere,
to the subjects of the belligerent parties.
4th. That the masters and chief officers of all armed vessels be
required to give bonds that they will not enter a blockaded port, and
that they will not resist lawful visitation and search by a national
ship of any European belligerent power; while, if deemed expedient,
the masters and chief officers may be further rendered liable to such
personal penalties as the wisdom of Congress may prescribe.
It will be seen that the New York merchants, who might then be presumed
to represent the most influential body of the shipowners and merchants
of the Union, never attempted to impeach any of the principles which
had been held by all civilised nations, as establishing the law of
nations, especially as regards the right of search. Indeed the highest
authorities in the United States have laid down, “that the right of
visitation and search of neutral vessels at sea is a belligerent right
essential to the exercise of the right of capturing enemy’s property,
contraband of war, and vessels committing a breach of blockade.”[327]
Text writers generally concur in recognising the existence of this
right. Sir W. Scott remarks, “All writers upon the law of nations
_unanimously_ acknowledge it, without the exception of even _Hubner_
himself, the great champion of neutral privileges.” In fact the many
European treaties which have reference to this right deal with it as
pre-existing, and merely regulate the exercise of it.
[Sidenote: Authorities on the subject.]
These authoritative expositions of the law, as drawn from American as
well as European text writers, notwithstanding the long period which
has elapsed since the eventful struggle at the commencement of the
present century, are the more necessary to be here quoted as there
are unfortunately still recurrences of these disputes respecting the
exercise of the right of search, and it must be conducive to a good
understanding between England and all other nations, that an accurate
interpretation of the law of nations should be generally established
and observed.
[Sidenote: Negotiations for another treaty.]
Public-domain text, read in full here on John Shaqi.
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