Miles Wallingford: Sequel to "Afloat and Ashore"Cooper, James Fenimore
General
Miles Wallingford: Sequel to "Afloat and Ashore"
Cooper, James Fenimore
Merchant mariners -- Fiction; Sea stories; Seafaring life -- Fiction
While on this subject, the reader must excuse an old man's propensity to
gossip, if I say a word on the general question of the right of search. As
for the pretence that was set up by some of the advocates of impressment
out of neutral ships, which laid down the position, that the belligerent
being on board in the exercise of an undoubted right to inquire into the
character of the ship and cargo, he took with him the right to lay hands
on all the subjects of his own sovereign he might happen to find there, it
is not worthy of a serious reply. Because a man has a right to take the
step preliminary to the discharge of an admitted power, as an incident of
that power, it does not follow that he can make the incident a principle,
and convert it into a justification of acts, unlawful in themselves. On
this head, therefore, I shall say nothing, holding it to be beyond dispute
among those who are competent to speak on the subject at all. But the
abuse of that admitted power to board and ascertain the character of a
ship, has created so lively a feeling in us Americans, as to induce us to
forego some of the wholesome principles that are necessary to the
well-being of all civilized nations. It is thus, in my judgment, that we
have quite recently and erroneously laid down the doctrine that foreign
vessels of war shall not board American ships on the coast of Africa, in a
time of peace, in order to ascertain their character.
On this subject I intend to speak plainly. In the first place, I lay no
claim to that spurious patriotism which says, "our country, right or
wrong." This may do for the rabble; but it will not do for God, to whom
our first and highest obligations are due. Neither country, nor man, can
justify that which is wrong; and I conceive it to be wrong, in a political
if not in a moral sense, to deny a vessel of war the privilege which
England here claims. I can see but one plausible argument against it, and
that is founded on the abuses which may arise from the practice. But it
will not do to anticipate abuses in this instance, more than in any other.
Every right, whether national or international, may be abused in its
exercise; and the argument, if good for anything, is as good against every
other right of international law, as it is against this. Abuse, after it
has occurred, might be a justifiable reason for suspending the exercise of
an admitted right, until some remedies were applied to prevent their
recurrence, but it can never be urged as a proper argument against the
right itself. If abuses occur, we can get them remedied by proper
representations; and, if these last fail, we have the usual appeal of
nations. As well might it be said, the law of the land shall not be
administered, because the sheriff's officers are guilty of abuses, as to
say the law of nations shall cease because we apprehend that certain
commercial rivalries may induce others to transcend them. When the wrong
is done, it will be time enough to seek the remedy.
Public-domain text, read in full here on John Shaqi.
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