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 VII. |
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 | The writings of James Madison, |  |
On Article VII.
This article is due, if not to all neutrals, at least to the
United States, who are distinguished by the distance of their
situation. Decisions of the British Court of Admiralty,
have so far respected this peculiarity as to admit a want of
information as a plea for going to a blockaded port, where such
a plea would be refused to less remote countries. But more
than this may fairly be claimed. A vessel, knowing that a
particular blockade existed two months before, may well
conjecture that before her arrival at the port, which will
require two months more, the blockade will have ceased;
honest intention, in case of finding on her approach, the fact
otherwise, not to attempt an unlawful entrance. To condemn
vessels under such circumstances would be manifestly unjust;
and to restrain them from a distant voyage to a port once in
a state of blockade until information of a change shall have
travelled a like distance, must produce a delay and uncertainty
little short of an absolute prohibition of the commerce.
To require them even to go out of their course, to seek at
other ports information on the subject would be an unreasonable
imposition. The British Government can have
little objection to this article, after defining blockades as
is agreed with Russia and as is here proposed; since our
distance is of itself, a security against any concert with the
blockaded, for surreptitious entries, which might be attempted
by nearer adventurers; and since in the case of blockades by
a force actually present, a preliminary notice may be required
without impairing their efficacy as might be the case with
blockades, such as the preceding article guards against.
The only difference between the articles as standing in
the different columns, consists in the preamble to that which
is to be admitted, if the proposition of the other should not
succeed. The article is preferable without the recital of any
reason particular to the United States, because as a naked
stipulation, it strengthens instead of weakening a general
principle friendly to neutral and pacific nations.
| The writings of James Madison, | |