1763. CONTRABAND OF WAR, Abusive Seizures.—
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 under 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 wrongs which two nations endeavor
to inflict on each other, must not infringe
on the rights or conveniences of those
remaining at peace”.—
To Robert R. Livingston. Washington ed. iv, 410.
Ford ed., viii, 90.
(M.
1801)
