History of the United States of America, Volume 6 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 6 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
With each new Act, John Randolph showed how his old friends were giving
the lie to their old political professions; but by common consent party
consistency was admitted to be no longer capable of defence. The party
which had taken power in 1801 to carry out the principle that the hopes
of society and the rights of the States must not be risked by war for
points of pride or profits of commerce, declared with equal energy in
1812 that the country had no choice but to sacrifice hopes and rights
because England would not expressly abandon a point of pride. Doubtless
this momentary position was far beyond the conscious convictions of the
party, but it made a precedent; and although political parties were apt
to think that precedents could be ignored, history seldom failed to
show that they decided the course of law. As far as concerned the old
Republican party, the triumph of the national movement was for the time
complete.
Yet the government was not so rigid in its logic, even in regard to
municipal legislation, as it professed to be. If the dispute about
impressment was to be settled, it must be settled by a general consent
to abandon the practice. Whether governments consented expressly or
tacitly, by a preliminary agreement, by treaty, by legislation, or by
simply ceasing to impress, was a matter of little concern provided
the practice was stopped. The United States were not obliged to wage
war on England or France merely because, under old international law,
those governments claimed what they called a right to seize their
subjects on the high seas. Indeed, the cause of war would not have
been removed by an express surrender of impressment on the high seas,
though it had been accompanied by an equally express surrender of
the right of search. The difficulty lay deeper and extended further
than the American flag had ability to go. Much the larger number of
impressments took place on shore or within British waters. Many of the
American seamen for whose sake the war continued to be fought were
American only in the sense that they carried American papers. They were
British-born, in British service, and were impressed in the grog-shops
of London or Liverpool. The American government could hardly concede
to its seamen the liberty refused to its ships,--of carrying double
sets of papers, and appearing as American or British at will; yet if
the American protection had legal meaning, it entitled the seaman to
complete immunity, no matter where he might be, or might have been
in the past, or might intend to be in the future, even though he had
never been in the United States in his life. The British officer could
not be allowed to disregard the protection, even though such a system
would make seamen a privileged class, with double nationality and no
allegiance.
Public-domain text, read in full here on John Shaqi.
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