5855. NEUTRALITY, Passage of troops.—
It is well enough agreed in the laws
of nations, that for a neutral power to give or
refuse permission to the troops of either belligerent
party to pass through their territory, is no
breach of neutrality, provided the same refusal
or permission be extended to the other party.
If we give leave of passage then to the British
troops, Spain will have no just cause of complaint
against us, provided we extend the same
leave to her when demanded. If we refuse (as
indeed we have a right to do), and the troops
should pass notwithstanding, of which there can
be little doubt, we shall stand committed. For
either we must enter immediately into the war,
or pocket an acknowledged insult in the face of
the world; and one insult pocketed soon produces
another. There is, indeed, a middle
course which I should be inclined to prefer;
that is to avoid giving any answer. They will
proceed notwithstanding, but to do this under
our silence, will admit of palliation, and produce
apologies, from military necessity; and
will leave us free to pass it over without dishonor,
or to make it a handle of quarrel hereafter,
if we should have use for it as such. But,
if we are obliged to give an answer, I think the
occasion not such as should induce us to hazard
that answer which might commit us to the war
at so early a stage of it; and, therefore, that the
passage should be permitted. If they should
pass without having asked leave, I should be
for expressing our dissatisfaction to the British
court, and keeping alive an altercation on the
subject, till events should decide whether it is
most expedient to accept their apologies, or to
profit of the aggression as a cause of war.—
Official Opinion. Washington ed. vii, 509.
Ford ed., v, 239.
(1790)
