History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Further than this the British government did not then go; on the
contrary, it officially confirmed the existing arrangement. The British
courts of admiralty conformed closely to the rules of their political
chiefs. Sir William Scott, better known as Lord Stowell, whose great
reputation as a judge was due to the remarkable series of judgments
in which he created a new system of admiralty law, announced with his
usual clearness the rules by which he meant to be guided. In the case
of the “Emmanuel,” in November, 1799, he explained the principle on
which the law permitted neutrals to carry French produce from their
own country to France. “By importation,” he said, “the produce became
part of the national stock of the neutral country; the inconveniences
of aggravated delay and expense were a safeguard against this right
becoming a special convenience to France or a serious abridgement of
belligerent rights.” Soon afterward, in the case of the “Polly,” April
29, 1800, he took occasion to define what he meant by importation into
a neutral country. He said it was not his business to decide what was
universally the test of a _bona fide_ importation; but he was
strongly disposed to hold that it would be sufficient if the goods were
proved to have been landed and the duties paid; and he did accordingly
rule that such proof was sufficient to answer the fair demands of his
court.
Rufus King, then American minister in London, succeeded in obtaining
from Pitt an express acceptance of this rule as binding on the
government. On the strength of a report[230] from the King’s Advocate,
dated March 16, 1801, the British Secretary of State notified the
American minister that what Great Britain considered as the general
principle of colonial trade had been relaxed in a certain degree in
consideration of the present state of commerce. Neutrals might import
French colonial produce, and convey it by re-exportation to France.
Landing the goods and paying the duties in America legalized the trade,
even though these goods were at once re-shipped and forwarded to
France on account of the same owners.
With this double guaranty Jefferson began his administration, and the
American merchants continued their profitable business. Not only did
they build and buy large numbers of vessels, and borrow all the capital
they could obtain, but doubtless some French and Spanish merchants,
besides a much greater number of English, made use of the convenient
American flag. The Yankees exulted loudly over the decline of British
shipping in their harbors; the British masters groaned to see
themselves sacrificed by their own government; and the British admirals
complained bitterly that their prize-money was cut off, and that they
were wearing out their lives in the hardest service, in order to foster
a commerce of smugglers and perjurers, whose only protection was the
flag of a country that had not a single line-of-battle ship to fly it.
Public-domain text, read in full here on John Shaqi.
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