When Europe assumed the general form in which it is occupied by the
nations now composing it, and turned its attention to maritime commerce,
we find among its earliest practices, that of taking the goods of an
enemy from the ship of a friend; and that into this practice every
maritime State went sooner or later, as it appeared on the theatre of
the ocean. If, therefore, we are to consider the practice of nations as
the sole and sufficient evidence of the law of nature among nations, we
should unquestionably place this principle among those of the natural
laws. But its inconveniences, as they affected neutral nations peaceably
pursuing their commerce, and its tendency to embroil them with the
powers happening to be at war, and thus to extend the flames of war,
induced nations to introduce by special compacts, from time to time, a
more convenient rule; that 'free ships should make free goods': and
this latter principle has by every maritime nation of Europe been
established, to a greater or less degree, in its treaties with other
nations; insomuch, that all of them have, more or less frequently,
assented to it, as a rule of action in particular cases. Indeed, it is
now urged, and I think with great appearance of reason, that this is
the genuine principle dictated by national morality; and that the first
practice arose from accident, and the particular convenience of the
States [* Venice and Genoa] which first figured on the water, rather
than from well digested reflections on the relations of friend and
enemy, on the rights of territorial jurisdiction, and on the dictates of
moral law applied to these.
Pages:
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832