By what law
then can it enter that ship while in peaceable and orderly use of the
common element? We recognise no natural precept for submission to such
a right; and perceive no distinction between the movable and immovable
jurisdiction of a friend, which would authorize the entering the one and
not the other, to seize the property of an enemy.
It may be objected that this proves too much, as it proves you cannot
enter the ship of a friend to search for contraband of war. But this is
not proving too much. We believe the practice of seizing what is called
contraband of war, is an abusive practice, not founded in natural right.
War between two nations cannot diminish the rights of the rest of
the world remaining at peace. The doctrine that the rights of nations
remaining quietly in the exercise of moral and social duties, are to
give way to the convenience of those who prefer plundering and murdering
one another, is a monstrous doctrine; and ought to yield to the more
rational law, that 'the wrong which two nations endeavor to inflict on
each other, must not infringe on the rights or conveniences of those
remaining at peace.' And what is contraband, by the law of nature?
Either every thing which may aid or comfort an enemy, or nothing. Either
all commerce which would accommodate him is unlawful, or none is.
Pages:
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834