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Subject Area: Political Theory

GALLATIN TO EDWARD EVERETT. - Albert Gallatin, The Writings of Albert Gallatin, vol. 2 [1879]

Edition used:

The Writings of Albert Gallatin, ed. Henry Adams (Philadelphia: J.B. Lippincott, 1879). 3 vols.

Part of: The Writings of Albert Gallatin, 3 vols.

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GALLATIN TO EDWARD EVERETT.

New York, 9th August, 1828.

Dear Sir,—

I forgot in my letter of 6th instant to take notice of one of the assertions in the article of the Quarterly Review.

It is not true that the United States deny the right of search for enemy’s property. For, at the same time that they wish to establish by common consent the contrary principle of “free ships, free goods,” they have, in all their late treaties where this last principle is agreed to, inserted a clause restricting its application to those powers only who recognize it. See 12th Article of treaty with Spain of 1819, and treaties with Colombia, Central America, &c.

It is true that the United States have proposed to Great Britain to agree by treaty to that principle of “free ships, free goods,” and even to abolish altogether private war by sea, as it is by land. All that the writer in the Review says on that subject only proves that the attempt was hopeless, and that, even with respect to the right she claims to capture enemies’ property on board neutral ships, Great Britain intends to persevere alone and in opposition to the wish and opinions of every other nation, for no other reason than that alleged by the writer,—that she is the most powerful at sea. Almost every nation has, from the circumstances in which they have all been placed, been compelled to acquiesce in the British doctrine. France alone has never yielded the point, and still strenuously contends generally against the right of search and for the principle, once asserted by the armed neutrality, of “free ships, free goods.”

It is important not to confound, as has sometimes been artfully attempted, the right of search with the pretended right of impressment. In opposing this we do not contend against the right of search for purposes in which we have, like other nations, acquiesced; that is to say, so far as relates to objects which we have admitted to be liable to capture and condemnation, such as enemies’ property and contraband articles. But we deny the right of capturing or taking out of neutral ships (and therefore of searching for) persons of any description whatever, with one single exception; which, as it strengthens the general principle, and I had not stated it in my former letter, I will point out. The 15th Article of the treaty with Spain of 1795 (under General Washington’s Administration), after providing that everything shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, stipulates “that the same liberty be extended to persons who are on board a free ship; so that, although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies.” The same provision will be found in the 14th Article of the convention with France of 1800 (under Mr. John Adams’s Administration), in the 12th Article of the treaty with Colombia, in the 14th Article of that with Central America, and in Mr. Madison’s instructions to Mr. Monroe, or to Messrs. Monroe and Pinckney of 1806. Yet, as all those treaties were with nations that acknowledged the principle of “free ships, free goods,” I am not ready to assert that with respect to Great Britain, since we admit that enemy’s property is liable to capture and condemnation, the exception ought not to be to the same extent as respects persons, so as to admit that all enemies may be taken out, although they be not soldiers and in actual service of the enemies. You may perceive by this that, repugnant as the British doctrine of impressment on the high seas is to the rights of nations, to common sense, and to universal feelings, yet some care is required in stating the question and managing the argument so as to render this altogether unanswerable and liable to no disingenuous cavil whatever.

I remain, with great respect and regard, your obedient and faithful servant.

GALLATIN TO MARTIN VAN BUREN.

New York, March 4, 1829.

Dear Sir,—

I would accept the mission to France, which the state of my private affairs at the time compelled me to relinquish, and which, as Mr. Brown has informed me, is now vacant; the duties require no more labor than I can easily perform, and the office would be acceptable, partly on account of my health, principally from my earnest wish to place my eldest son James, and the hope that, if appointed, I might be permitted to take him for secretary of legation. But I would not have thought of it had I not believed that, considering my familiar knowledge of the relations of the two countries, that of the language, the proximity to the Netherlands, perhaps that to England, and my standing with the French government, the appointment might in certain respects be attended with some public advantage. I say this without any prejudice to the equal or higher claims of others, and would not even have mentioned the subject had I not found that an opinion prevailed at Washington, correct only in relation to England, that I would not on any consideration accept again a foreign mission.