The Unpopular Review, Number 19: July-December 1918Various
History
The Unpopular Review, Number 19: July-December 1918
Various
American periodicals
Eight years later it was England that was carrying on a struggle for the
principle of freedom of the seas. Modern research has established beyond
any reasonable doubt that the immortal Jenkins did actually have an ear
sliced off by a Spaniard who was searching his ship for smuggled goods,
and that the tale was not a fabrication of the Opposition that desired
to force Walpole to plunge England into war. The Opposition certainly
recognized the recruiting value of the incident. "The tale of Jenkins'
ear will raise us troops enough!" exclaimed one member on the floor of
the House of Commons. Whether or not Jenkins commended his soul to God
and his cause to his country, his country embraced his cause as that of
the freedom of British commerce from search by Spaniards in time of
peace. The British vessels searched were usually smugglers, but the
British public was not interested in the right of Spain to safeguard her
monopoly of trade with her colonies; they objected to search and to the
contention that British ships must not be found in American waters
outside the straight path between England and her colonies, and they
besieged the doors of Parliament with the slogan: "A free sea or war!"
And so was fought the war of Jenkins' Ear, which might have been avoided
had it not been for the powerful influence, both with the people and
with Parliament, of the South Sea Company; and which did nothing toward
settling the point in controversy.
Thus far the principle of freedom of the seas had been invoked in
connection with efforts to preserve for the benefit of a whole nation or
of favored groups of nationals, all access to the trade and resources of
certain regions. During the wars for colonies and commerce which arose
from these efforts, the principle was brought forward against
interruption of commerce in time of war. In the days when privateering
was a recognized adjunct of maritime, warfare, commerce-destroying was
reduced to a science that only the last three years have rivalled. The
seizure as contraband of anything which might help the enemy to prolong
the struggle, and the confiscation of cargoes of neutral ships, on the
ground that part of the cargo belonged to the enemy, caused endless
international complications. Treaties of peace began to contain
provisions designed to render less burdensome these rights claimed by
belligerents. The first step toward anything like international
agreement was taken in the treaties of Utrecht in 1713. By these
treaties contraband was limited to articles directly useful in war,
exclusive of foodstuffs; enemy goods on neutral ships were protected on
the principle later reduced to a formula, as "free ships, free goods";
and the method of visit and search was regulated. These arrangements did
not outlast the peace, but many later treaties renewed, and some
developed more fully, these restrictions, which were naturally more
popular with neutral powers and with powers possessing small navies,
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