The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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On Article IV. |
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 | The writings of James Madison, |  |
On Article IV.
This enumeration of contraband articles is copied from the
Treaty of 1781 between Great Britain and Russia. It is
sufficiently limited, and that treaty is an authority more
likely than any other, to be respected by the British Government.
The sequel of the article, which protects the productions
of an hostile colony converted into neutral property,
is taken from the same model, with the addition of the terms
"in any case or on any pretext." This addition is meant to
embrace more explicitly, our right to trade freely with the
colonies at war with Great Britain, and between them and all
parts of the world in colonial productions, being at the time
not enemy's but neutral property; a trade equally legitimate
in itself with that between neutral countries directly and in
their respective vessels, and such colonies, which their regulations
do not contest.
In support of this right, in opposition to the British doctrine,
that a trade not allowed by a nation in time of peace, cannot
be opened to neutrals in time of war, it may be urged, that
all nations are in the practice of varying more or less in time of
war their commercial laws, from the state of these laws in time
of peace, a practice agreeable to reason as well as favorable to
neutral nations; that the change may be made in time of war,
on considerations not incident to a state of war, but on
such as are known to have the same effect in time of peace;
that Great Britain herself is in the regular practice of changing
her navigation and commercial laws, in time of war, particularly
in relation to a neutral intercourse with her colonies;
that at this time she admits a trade between neutral countries
and the colonies of her enemies, when carried on directly
between, or between the former and herself, interrupting only
and between them and countries in Europe, other than those
to which the neutral trade may respectively belong; that as
she does not contest the right of neutrals to trade with hostile
colonies, within these limitations the trade can be and actually
is carried on indirectly between such colonies and all countries,
even those to which the colonies belong; and consequently that
the effect of her doctrine and her practice, is not to deprive
her enemy of their colonial trade but merely to lessen the value
of it in proportion to the charges incident to the circuitous
course into which it is forced; an advantage to her which if
just in itself, would not be sufficiently so to balance the impolitic
vexations accruing to neutral and friendly nations.
These views of the subject have entered into my conversations
with Mr. Merry. He expresses, notwithstanding, a
belief that Great Britain will turn an unfavorable ear to any
proposition calculated to give her enemies the resources of
their colonial trade, beyond the degree in which her present
regulations permit. This is doubtless to be apprehended;
but considering the proposition as an article which may find a
balance in the general bargain, it may not be inadmissible; or
if inadmissible in the extent proposed, a middle ground may
perhaps be accepted. The colonial trade in question consists
of four branches; first between the colonies and Great Britain
herself; secondly, between the colonies and the neutral
countries carrying on the trade; thirdly between the colonies
and neutral countries not themselves carrying on the trade;
fourthly, between the colonies and the countries to which
they belong or which are parties to the war with Great
Britain.
The first and second branches are those with which her own
regulations accord. The last is that to which her aversion
will of course be the strongest. Should this aversion be unconquerable,
let it be tried then, and then only, whether
on our yielding or rather omitting that point, she will not
yield to us in return the direct trade between hostile colonies
so to modify the compromise as will mark as little as may be,
a positive relinquishment of the direct trade between the
belligerent nations and their colonies.
Should such a compromise be altogether rejected, you will
limit the article to the simple enumeration of contraband, it
being desirable that without a very valuable consideration,
no precedent should be given by the United States of a
stipulated acknowledgment that free ships do not make free
goods. And you will omit the article altogether, if a proper
list of contraband cannot be agreed on, particularly one that
excludes money, provisions and naval stores.
| The writings of James Madison, | |