her own Treaty, and seizes and confiscates upon the principle of retaliation upon the enemy. This observation applies to every other point of maritime law, in which the neutral interest is sacrificed to the belligerent interest with the one power, while the reverse is stipulated with the other. The uniform and painful experience which we have had of this should operate as a warning to the Government of the United States to introduce the harmony of one congenial system into their federative relations with foreign powers, and never to concede as maritime right to one power, a principle the reverse of which they have stipulated with others.

The tenth Article of the draft, proposes the adoption of the principle that free ships make free goods, and persons, and also that neutral property shall be free, though laden in a vessel of the enemy. The Government of the United States wish for the universal establishment of this principle, as a step towards the attainment of the other, the total abolition of private maritime War. This question of free ships making free goods, has been much and long debated; and as a question of the Law of Nations, remains to this day unsettled. By the Law of Nature, undoubtedly the right, as well as the equity, and humanity of the controversy is on the neutral side. By the customary law of Nations, it has been with several remarkable exceptions the practice for some ages to take enemy's property found in the vessel of a friend. To the many efforts which have been made for restoring the original pacific principle of natural Law, we wish now to add another. Great Britain by the Treaties of Utretcht, and of 1786 with France, did assent to the principle that free ships should make free goods; and in the twelfth article of the Treaty with the United States of November 1794, did promise to negotiate with them two years after the termination of the War in which she was then engaged; and to endeavour to agree with them, "whether in any and "what cases neutral vessels should protect enemy's property

Two years after that War, Great Britain was engaged in another, and the promised endeavor to agree, never took effect. But the engagement itself implied that in time of Peace, Great Britain might be disposed to stipulate more favourably to neutral rights and pretensions than she would at that time; and as she has now been eight years at Peace, and is at this time neutral to a maritime War between other States there could scarcely be foreseen a more favourable time for giving substantial execution to that pledge of faith.

The eleventh Article of the draft is taken with a modification from the 17th. Article of the Treaty of 1794.

The twelfth and 13th. Articles are intended to abolish forever the practice of impressment from our Merchant vessels upon the high seas, and to remove henceforth all cause and pretext for re

sorting to it hereafter. By the stipulation now offered of excluding in the event of a War, and from its commencement all natural born subjects or citizens of the Belligerent party, unless naturalized by some authentic public act before the commencement of the War, from the naval service, public and private of the neutral party, a security is given to Great Britain against the employment of her seamen in our service at the only times when it could be prejudicial to her, a security, which, if not stipulated while peace continues, we shall not be able to give after the War shall have broken out. We believe it impossible that the practice of impressing men from our Vessels at sea should be renewed without producing War; an event which we deeply deprecate. You are authorized even to extend the exclusion of persons who may be naturalized after the exchange of the ratifications of the Treaty; which, if the Peace should continue a very few years longer will be equivalent to an exclusion of all natural born subjects. But we are not willing to make of this, a temporary arrangement, as was proposed at the negotiation of 1818, nor to agree to the neutral exclusions from the respective Services in time of Peace.

The 14th. Article is from the Treaty of 1794, and is chiefly valuable by fixing the sum for which bonds shall be required of Privateers. The 15th, 16th, 17th, and 18th, Articles are also borrowed from the Treaty of 1794 with some modifications, the object of which is more effectually to secure the rights, and to fulfil the obligations of neutrality, and to place the belligerent parties on precisely the same footing of favour and of restriction in the neutral ports.

The 19th, 20th, and 21st. Articles are provisions against pirates; the 20th. including cases of recapture of a neutral by a belligerent in time of War.

The great object of the whole convention as proposed, is, to take the first step towards the eventual abolition by the Law of Nations, of private War upon the Sea, an improvement entirely congenial to that of the final and total abolition of the Slave trade; and entirely coincident, or it may rather be said, necessarily deducible from the principles declared in the Autographic alliance between the Sovereigns of Russia, Austria, and Prussia. In communicating the draft of these Articles to the British Government (should they agree to negotiate on the subject) you will declare the readiness of this Government to accede to any modification of them or addition to them which may be promotive of the purpose and desirable to Great Britain. You will add that we have been encouraged to present this plan for a great improvement in the Law of Nations, and amelioration of the condition of human kind, by the proposal deliberately made by the French Government to establish the principle during their present War with Spain. That we make the first proposal

to Great Britain as to the power most competent to secure its ultimate success; and to the Nation which we sincerely believe would finally derive the greatest share of the blessing which its universal establishment would bestow upon the family of Man. And you will observe that as it is the intention of the President to present the same plan to the other principal maritime powers of Europe; particularly to France and Russia it would be peculiarly agreeable to him to offer it to them, in concert with Great Britain; supported by the weight of her powerful influence.

I am [etc.]

[Enclosure-Extract]

JOHN QUINCY ADAMS

Project of a Convention for Regulating the Principles of Commercial and Maritime Neutrality

ARTICLE. 4th And in the said event of War between the parties, all women and children, scholars of every faculty, cultivators of the earth, artisans, manufacturers, and fishermen, unarmed, and inhabiting unfortified towns, villages, or places, and in general all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt, or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power, by the Events of war, they may happen to fall; but if anything is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price. And all Merchants and trading vessels employed in exchanging the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life, more easy to be obtained, and more general, shall be allowed to pass free and unmolested; and neither of the contracting parties shall authorize their public vessels to capture or destroy them, or grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading Vessels, or interrupt such commerce.

ARTICLE. 7th. If either of the contracting parties should hereafter be engaged in a War against a third Power, to which War the other of the parties shall remain neutral, every Vessel of the neutral party sailing for a port or place belonging to the enemy of the belligerent, without knowing that the same is besieged, blockaded, or invested, may be turned away from such port or place, but shall not be detained, nor her Cargo, if not contraband, be confiscated, unless after such notice, she shall again attempt to enter; but she shall be permitted to go to any other port or place not so besieged, blockaded or invested-Nor shall any Vessel or goods of either party

which may have entered into such port or place before the same was besieged, blockaded, or invested by the other and be found therein after the reduction or surrender of such place, be liable to confiscation but shall be restored to the proprietors thereof. And in order to determine what characterizes a blockaded port, that denomination is given only to a port where there is, by the disposition of the power which attacks it with Ships stationary or sufficiently near, an evident danger of entering.

ARTICLE. 8th. It shall be lawful for the Citizens and Subjects of either party, to sail with their Ships and Merchandize (contraband goods excepted) from any port whatever to any port of the enemy of the other and to sail and trade with their Ships and Merchandize with perfect security and liberty from the Countries, ports, and places of the enemies of either party without opposition or disturbance, and to pass not only directly from the places and ports of the enemy to neutral ports and places, but also from one place to another, both belonging to an enemy, whether under the same or under several jurisdictions; with the exception of Ports or places actually blockaded, besieged, or invested.

ARTICLE 9th. Under the denomination of contraband of War shall be comprised all arms and implements serving for the purposes of War, such as cannon, mortars, muskets, pistols, and other firearms, petardes, bombs, grenades, carcases, saucissas, rockets, carriages for cannon, fire-locks, musket-rests, bandoliers, gunpowder, salt-petre, sulphur, matches, balls, bullets, helmets, or head pieces, cuirasses, swords, pikes, halberts, lances, javelins saddles, bridles, and other horse furniture, holsters, pouches, belts, and generally all other implements of War-All the above articles, and none others shall be subject to confiscation whenever they are attempted to be carried to an enemy. But no vessel shall be detained on pretence of carrying contraband of War, unless some of the above mentioned articles are found on board of said Vessel at the time when searched.

ARTICLE 10th. It is hereby stipulated that free ships shall make free goods, and that everything found on board the ships, belonging to the Citizens or subjects of either party shall be free and exempt from capture, although the whole lading, or any part thereof should belong to the enemies of either, contraband goods excepted. The same liberty shall be extended to persons on board a free ship, and although enemies to either party they shall not be taken out of said Ship, unless they are soldiers in actual service of the enemy. The property of the subjects or Citizens of either party which may be found laden on any ship belonging to the enemies of the other, shall also be free from confiscation, and on due proof of its being neutral property, shall be restored to its owners.

ARTICLE 11th In all cases where vessels shall be captured or detained on just suspicion of carrying to the enemy articles which are contraband of War, the said Vessel shall be brought to the nearest, or most convenient port. The contraband Articles only shall be made prize, and the Vessel shall be at liberty to proceed with the remainder of her Cargo without any impediment. All proper measures shall be taken to prevent delay in deciding the cases of ships or cargoes so brought in for adjudication, and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships.

72

The Secretary of State (J. Q. Adams) to the Minister in Russia (Middleton) 1

WASHINGTON, August 13, 1823. SIR: I have the honour of enclosing, herewith, copies of a Draft of a convention, in twenty one Articles which Mr. Rush has been instructed to propose to the British Government, for the regulation of neutral and Belligerent rights in time of war; and also of the instructions to Mr. Rush with which it was accompanied

You will perceive that the Basis of the Convention is a plan for the perpetual abolition of private war upon the sea. As a plan, it has all the imperfections of a first, and, in some respects, of a hasty, sketch, but it may be matured upon consultation with the powers chiefly interested in its eventual success, and we shall readily assent to any modification of it, which may tend to render it more effective.

It has been, in the first instance frankly offered to Great Britain, as to one of the Powers to whom it is of the deepest interest; as to the Power with whom the United States have and will have for ages, the most commanding motives for maintaining peace, and yet the most imminent danger of being often involved in war. A danger proceeding, directly and exclusively from the collisions which it is the main object of this plan to remove, and which it would so effectually remove, that I have not a doubt if the British Cabinet would accept it, as it is, it might safely be entitled by the parties, "A convention for perpetual peace between the United States and Great Britain." We have also, first offered it to her because we are, at this time, engaged in active negociation with her, upon other objects, among which is one of a nature entirely congenial with it-the abolition of the African Slave trade, by declaring it piracy under the Law of Nations.

'MS., Instructions to United States Ministers, vol. x, pp. 97–102.