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iVf
THE DEFENCE—No. XXI,
SINCE the clofrng of rny number* I hive
lls - accidentally turned to apaffage of Vatcl, which is
pertinent to the immediate fubjeft of that paper,
that ' cannot refrain from interrupting the progress
of the discussion to fkvte it; it is in these wards,
(b. 3, ch. 4, fedt. 63) " The sovereign, declaring
rts war, can neither detain those fubjedts of the enemy
wlio are within his dominions at the time of the de
claration, nor their effedts. They ca jie into his
country on the public faiths By permitting them
to enter hit territories and continue there, he tacit
ly promised them liberty, and feeuruy for their re
turn." This pafTage contains explicitly, the prin
ciple ivhiah is the general basis of my argument,
namely,- that the permission to a foreigner to come
with hwieiFedV* iuto, and acquire others within, our
country, in time of peace, virtually pledgts the
public faith for the security of his perfoti asd pro
perty in the event of war. How xanthis be recon
ciled with the natural* right (controuled only by
> the cultomary law of nations) which this Writer ad
mits, to confifcate the debts due by the fubjedts
or a Itate to its enemies ? I aft: once more, can
there be a natural right to do thai whick includes a
violation of faith ?.
:c- It is plain to a demonftratio*, that'the rule laid
down in this passage, which is so jult and perspicu
ous as to speak convtdtion to the heart and under
itanding, unites the natural with the cultomary law
ut nations, in a condemnation of the pretention to
conhfiatc or fequeftei" the private property of our
s enemy foUnd in o'ar country at the breaking out of
0 f a war.
M Let us now proceed to examine the policy and
expediency of fuck a pretention.
In this iiiveftigation, I shall aflume, as a bafisof
- argument, the following position :
That it is advantageous to nations t» have com
to mcrce -with each other.
( Commerce, it is manifelt, like any other objedt
ut of enterprise or indurtry, will prolper in proportion
b- a » it is iecure. Its i'ecurity, consequently, promo
t! ting its prosperity, extends its advantages. Secu
rity is indeed cffential to its having a due and regular
ls ' course. *
- The pretention of a right to confifcate or seques
ter the effedts of foreign merchants, iu the cafe in
queftiun, is, in its principle, fatal to that necessary
£ fecarity. Its free ■rxercife would destroy external
f * commerce; or, which is nearly the fame thing, re
h duce it within the cotitradtcd' limits of a game of
hazard, where the chance of large profits, accora
- panied with the great rilks, would tempt alon* the
u adventurous and the desperate. Those enterprises,
" which, from circuitous or long voyages, slowness
of sales, incident to the nature of certain commo
's dities, the neceflity of crcdit, or from other caafes,
demand canfiderable time for their completion, mull
be renounced. Credit, indeed, mult be banished
Irom all the operations of foreign commerco j an
engine, the importance of which to its vigorous
and fucsefsful prosecution will be doubted by none '
'> who will be guided by experience or observation.
It cannot need amplification to elucidate the truth
; pi the<e positions. Ihe Itorms of war occur so 1
h Suddenly and 1a often, as to forbid the supposition, 1
that the merchants of one country would trust their
property t« any extent, or for any duration, in an- '
other courUry, which was in the practice of confif- I
eating or sequestering the effedts of its enemies 1
lound withiu its territories at the commencement '
oi a war. 1 hat pradtice, therefore, would necessa
rily paralize and wither the commerce of the coun- { 1
. try in which it obtained. Accordingly, nations '
attentive to the cultivation of commerce, which r
1 formerly were betrayed by temporary considerations, 1
• into particular inlhaces of that atrocious pradtice, '
have been led, by the experience of its mifchiefs, to '
abstain from it in later times. They saw, that to I
, have perljfted in it, would have been to abandon v
competition on equal.terms, in the lucrative and be- £
neficial field of commerce. r
It is no anfwei'to this ta fay, that the exereife i]
. of the right might be ordinarily suspended, tho' the 1
; right itfelf might be maintained for extraordinary
' and great cmcigencics. P
Ih the firlt place, ai the ordinary forbearance of
its exereife would be taken by foreigners for evidence v
of an intention never to exereife it, by which they "
would be enticed into large deposits, that would u
i not otherwise have taken place ; . a departure from ®
> the general coarse would always Involve an aft of 0
' treachery and cruelty, w
• In the second place, the possibility of the occafi- Vl
onal cxercile of such a right, if conceived to exist,
would be at least a flow poifen, conducing to a lick- Ply
'ly habit of commerce : and, in a series of time,
would be produftivc of much more evil than could
be counter-balanced by any good which it might be ™
possible t» obtain in the contemplated emergency, c(
by the ttfe of the ' tr
Let experience decide—Examples of eonfifcation 0
and sequestration have been given—'When did the C!
dread of them prevent a war ? when did it cripplc w
an enemy, so as to disable him fiom exertion, or
• force him into a fuhmiffion to the views of his ad
versary ? When did it even sensibly conspire to cc
either of these ends > If it hjs ever had any such gi
effed the evidence of it has not come within my <*1
knowledge.
It is true, that, between Great-Britain and re
the United States, the expectation of such effe&s pc
is better warranted than perhaps in any other cases pi
that have existed, because we commonly owe a larger te
debt to that country than is usual between nation*, to
, and there is a relative state of things, which tends ci
to a eontinuation of this tituation. w
But how has the matter operated hitherto ? In fe
the late war be'ween the two countries, certain m
- states confiscated the debts due from their citizens
to British creditors, and these creditors afttially 'be
' fuffered great losses. The Britilh-cabinet mtift have th
known, that it was possible the fame thing might in,
happen 111 another war, and on a more general scale; bii
yet the appearances were extrtmelv Itrorig, at a' ve
particular jundure, that it was, their plan, either 'h
from ill will, from the belief that popular opinio* be
would ultimately drag our government into the all
war, from the Jtiion of these two, or fr»» ether
S eaufaa, to force u» into hoftilitiei with them. ■
Hence it aupfcars, that the apprehension of acts of
conrifcatiou, or fequeltration, was not ftiflicient to
deter from hoitile vieWk, or t» ensure pacific difpo
ve fitions.
; s It may be pretended, that the menace of this
mreafure had a reftrainiug rnfluencs on the fubfe
s' queut conduit of Great Britain. But if we as-
j s cribe nothing to the mealures which our govern
\ merjt a&ually pursued, under the pressure of the
provocations received, we at least find, in the course
"J of European events, a better folutiofi of a change
of policy in the cabinet of Great Britain, than
, m from the dread of a legislative piracy on the debts
j t _ due to their merchants.
t The truth nnfortunately is, that the paflions of
n _ men ftifle convittiou, that nations the moil at ten
lt tive to pecuniary considerations easily (urfender
ne them to ambition, tojealoufy, to anger, or to re
ur ven « e '
j ie For the fame reason, the actual experiment of 1
0 _ an exereife of the pretended right, by way of re
prilal for'an injury complained of, would common
ly be as inefficacious, as the menace of it, to arrest 1
general holtilities. Vride. is r»ufed; lefentment
c^ s kindled ; and where there is even no previons dif- 1
til P 0^101110 thole holtilities, the probability is, that
4 they fellow. Nations, like individuals, ill brook 1
tht idea of recuding from their pretentions under <
U the rod, or of admitting the justice of an a£t of re
u_ taliation or reprisal, by submitting to it. Thus ,
_ r _ we learn from the king of Prnlfia himfelf, that the \
l(v sequestration ef the Silelia dibt, iuftead of procur- (
to '"8 re ft° rat ' on f° r which it was deligned, was ,
ur oa the point .of occasioning an open rupture be» j
Q f tween him and Gredt Britain, when the fupcrven- ,
tion of a quarrel with France diverted the storm, by j
I( j rendering him neceflary as an' ally. ,
Perhaps it may be imagined, that the practice of ,
0 f eonfifcation or sequestration would be more effica- ,
cious to wound and disable Great Britain, in cafe ,
a- of war, than to prevent it. But this also is a vain .
chimera! A nation, that can at pleasure raise by .
loan, twenty millions sterling, would be in little ,
jn danger of being disconcerted or enfeibled in ker ]
military enterpriaes, by the taking away <»r arrest- t
u . '»g of three or four millions due to her merchants. c
ar Did it produce distress and disorder among those [
whom it afleifted, and their connexions? If that ,
f. disorder was fufficient to threaten a general derange- t
j n ment of mercantile credit, and with it of the pub- c
.y lie finances, the pending war affords an example, c
a j that the public purse or credit could be brought r
t . fuccefsfully into aiitios for the support of the fuf- e
ferers. Three or four millions of exchequer bills f
a _ applied in loans, would be likely to fuffice'to pre- ]
lc vent the partial evil from growing into a national c
s , "lamity. f
But we forget, that as as the interruption of ¥
the payment of the debts due to her merchants a
s could be supposed to operate upon Great Britain, (
war itfelf would essentially answer the purposes of t
j eonfifcation or sequestration—by interrupting trade tl
n and intercom fe, it is in fadt, in a great degree, a v
]s virtual sequestration. Remittances to any extent
le become impradticable. Theie are few ways in v
which, on account of the state of war, it is lawful „
k to make them: and debtors are {ot the molt part a
o enough disposed to embrace pretexts of procrafti- v
) nation.
The inconvenience of defered payment would ri
!_ ' therefore be felt by Great Britain, with little miti
gation, from the bare exiltence of war ; without n
tffe neceflity of oar government incuring the dif- ,]
|t credit and responsibility of a special interference. n
( Indeed, as far as dread of eventual loss oan ope g
I rate, it in a great measure to have its effects
s exclusive of the idea of confifcation. Great Britain
mult want reflexion not to be sensible, that in ma- j
king war *pon us, she makes war upon ker own t |
' merchants; by the depredations upon our trade de- 0
J firoying thoft resources from which they are to be
0 paid. If (he be indifferent to this consideration, it e \
will be because she is governed ky some jnotive or
passion powerful enough to dispose her to run the -j
rifle of the entire loss—in the reliance of obtaining .j
. indemnification, by the acquititions of war, or in T(
* the terms of peace.
r Will it be said thai the seizure of the debts would OJ
put in the hands of our government a valuable re-
j- source for carrying on th? war ? this upon trial G|
. would prove as fallacious as all the reft. Various f (]
r inducements would prevent debtors from paying in- ot
1 to the treasury. Some would decline it from con
( fcientious scruples, from a doubt of the redtitude [ 0
p of the thing—others with intenl to make a merit Ql
with their creditors of the concealment, and to fa- ra
vour their «wn future credit and advantage—others ; n
from a detirc to retain the money in their own em- y
ployment, and a great number from the apprehen- tu
fion that the treaty of peace might revive their re
sponsibility to the creditors, with the embarrass- pr
, ment to themselves of getting back, as well as thty a
could, the monies which they had paid into the
treasury. Of this, our last treaty of peace, in the mi
opinion of able judges, gave aa example. These t j c
causes and others, which, do not as readily occur, ta
w«uld oppose great obitaeles to the execution of „ 0
the measure.
But severe laws irifli&ing heavy penalties might ha
compel it—Experience does not warrant a fan- of
guine reliance upon this expedient, inacafe in which wa
great opportunity of concealment is united with am
strong motives of inclination 01 intereft—lt would 'Hi
require an inq'uifition, jnftly intolerable to a free fm
people—penalties, which would confound the due ma
proportion between crime and punilhment, to de- tio
ted), or to deter from concealment and evation, and en<
to rxecute the law—Probably no means less effica- ha'
cious t.han a revolutionary tribunal and a guillotine ma
would go near to answer the end.—There are but tre
few, I trull, to whom these would be wejeome pie
means. . gn<
We may conclude, therefore, that the law would eve
be evaded tu an extent, v/hich would dilappoint cat
the expectations from it as a resource, S<(me mo< eve
nies w) doubt, would be collected ; but the proba- unc
bihty is, that the amount would be irifignlffcant e- enj
ven in the scale of n thig:-.' campaign.—But, should '
the collection prove as cofi.pletc, as it ordinarily is, q llc
between debtor and creditor, it would little, if at cat
all, exceed-the expence of one campaign. 0 f" j
Hence -ve pcteive, that iihg »he
— cither as a mean of difebling ,<fr enemies, or as 4
sos refoHrec to ourfclvc* 5 its canfequeiiee' dwiiuilet, u
:to pon a close survey ; it cannot pretend to a raajjnU
po- tude, which would apologize, either sera fatrifietS
of national honor or candor, or for 3. deviation froni
this the true priaciples of commerce and credit,
jfe- But let us take a further view of its difadvan
af- tages.
:rn- A nation, in cafe of war, is under no refponfi
the bility far the delinquencies or frauds of its citizens,
lrfe who are debtors to those of it4.enemy, if it does
age not specially interfere withthe payment of the dc+ts
iaa which they owe. But if it interposes its authority
bts to prevent the payment, it gives a claim of indem
nification te itsadveifary, for.the interveninglofles
los which those delinquencies or frauds may occalion.
en- Whether, on the making of peace, this would be
dcr infilled upon.or waved, might depend mnch on the
re- good or ill fuccels of the Wai ; but every thing which
adds to the catalogue of our enemy's jufi. picten'S
: of ons, especially when the fortune of war has been
re- preity equal, is an evil, eitherasan additional ob
-OH. Itacle to speedy pekce, er as a* ingredient to ren
reft der the terms of it less advantageous to oiirfelvcs
ent And it is therefore unwise ink government to in
lif- preafe the lift of such pretensions, by a nuafure,
hat which, without utility to itfelf, administers to the
10k indolenee of negligent, and to the avidity of frau
jer dulent individuals;
Further—Every fpeciei of reprisal or annoyance,"
lus which a power at war employs, contrarytolibei.il
the ityorjaftice, of doubtful propriety in the eftima
ur" tion of law of nations, departing from that mocie
*as ration, which, in latter tifres, serves to mitigate the
b e - severities of war, by ftlrnifhing a pretext or provo
cation to the othef- fide to rifort to extremities,
serves to embitter the spirits o£ hostilities, and t<»
extend its ravage?. War is then apt to become
more fang*inary, more wafting and every way more '
ea ~ deftrudtve. This is a ground of ferioun reflection
a ' e tO every nation, both as it regards humanity ant!
h" P ol '. c y •to country it presents itfelf, aieom-
Y panied with eonfiderations of peculiar force. A
tlc vallly extended sea coast, overfpiead with.defet)ce
■*r less towps, would offer an abundant prey to an iit
;lt " ceased and malignant enemy, having the power t«
command the sea. The usages of modem war foi
3'c bid hoftilitiesof this kind; and tha«gh they are
iat not al.vays respeCted, yet as they are never violated
unless by way of retaliation for a violation of them
lb " on the other fide, without exciting the reprobation
ie > of the impartial part of mankind, fullying-the glo
:ht ry, and biafling the reputation of the party which
disregards them, this corfideration has in general
llls force fufficießt to induce an e>bfervancjs of them.
lc j But the confifcation or ftqmftiafrpJi $(private debts
or private property in public funds, now generally
regarded as an odious aTld a warrantable measure,
ot would, as between us and Great Bruaip, contain
ltS a poignant sting. Its eftVa to exafpeiate in 'art
ln > extreme degree, beth the nation and government if
that countiy, cannot be doubled. A difpolition
' L to retaliate, is a natural, noniequerice ; and it
a would not be difficult for us to be made to fuffer
" f beyond any poflible degree of advantage to be deri
ved from the occafioii of the retaliation.- It were
ul much wiier t'o leave the property of Britifo iubjefts
I'! 1 811 untouched pledge forthe moderation of its gc*
vernment, in the mode of prosecuting tl t war.
Besides (as if requisite rtiight be proved from the
records of hillory) in national controversies, ft is of
u " real impoYtance to conciliate the good opinion of
mankind ; and it is even ufeful to preserve or gain
"" that of our enemy. The latter facilitates accom
modation and peace ; the former attracts good of-
sices, friendly interventions, sometimes dire£t fuprf
; . ts port from others—The exemplary conduct,
general, of our country in our contest for iVdcpen-
I dence, was probably not a little serviceable to us in
this way ; it lecured, to the intrinsic goodness of.
e " our cause, every collateral advantage, and gave it a
popularity among nations unalloyed and dinitnpair
-1( ed, which even liole into the cabinets of Princes.
Jr A contrary policy tends to contrary consequences.
lc 1 hough nations, in the main, are governed by what
[S they suppose their interft, he must be imperfectly
18 rerfed in human nature, who thinks it indifferent
whether the maxims of a Hate tend to excite kind
or unkind dispositions in others, or who does not
e j know that these dispositions may insensibly mould
al or bias the views of felf-intereft.—This were to
" suppose that rulers only reason; d« not feel; in
1_ other words, are not men.
1_ Moreover the measures of war ought ever to
k look forward to peace. The confifcation of fe-
II queftration of the private property of an enemy,
rauft always be a point of fetious discussion when
interelt or neceflity leads to negociations for peace.
l " Unless when absolutely prostrate by the war, resti
tution is likely to coaftitute an ultimatum of the
■" fuffering party. It mutt be agreed to, or the war
protracted, and at last it is probable it must flill be
Y agreed to. Should a refufal of restitution prolong
e the war for only O Re year, the chance is, that
more will be loft than was gained by the confifca
tion. Should it be neceflary finally to make it, as
' ter prolonging the war, the disadvantage will pre
ponderate in a ratio to the prolongation. Should
it be, in the firft instance, aflented to, what will
t have been gained ? The temporary use oFa fund
of inconliderable moment in the general ifTue of the
i war, at the expence of justice, character, credit,
1 and perhaps of having sharpened the evils of war.
i -How infinitely preferable to have drawnsan equal
: fund from our own resources, which with good
; management is always practicable f—Jf Jf reftitu
• tion includes damages, on account of the interfer
! ence for the failures of individuals,.the loan would
- have been the moil costly that could have bees
made. It has been elsewhere obfetved, that our
treaty of peace with Great Britain gircs an exam
: pie of restitution. The late one between Franpe
and Pmffia gives another. This must become 4
every day more and more a mutter of course, be- -
cause the immunity of mercantile debts becomes
every day more important to tiade, better
tinderiiuod to and more clearly cor.fidered at
enjoined by of the law of nations.
Thus we that in refnence to the finiple
queftioa of war and peace, the tneafure of cc: sf
cation or i-queftration is marked with every feature
ot impolicy.
c bcivJje ic«n that tkc pritcnfion of r