Maritime affairs

“ With the opening of ocean routes and the discovery of America, a rivalry in world trade and colonial expansion set in which has continued increasingly down to the present time, forming a dominant element in the foreign policies of maritime nations and a primary motive for the possession and use of navies. The development of overseas trade, involving the factors of merchant shipping, navies, and control of the seas, is thus an integral part of the history of sea power. ”

“ It is for the interest of merchants and ship owners, whose relations and dealings are international in their character, that the same construction should, so far as possible, be placed upon the law maritime by the courts of all maritime nations ”

“ Whilst it is true that the great mass of maritime law is the same in all commercial countries, yet, in each country, peculiarities exist either as to some of the rules, or in the mode of enforcing them. ”

“ These, indeed, often arise in the course of the commerce and navigation of the United States; and seem emphatically to belong, as incidents, to the power to regulate commerce. But they may also affect the commerce and navigation of foreign nations. Repairs may be done, and supplies furnished to foreign ships; money may be lent on foreign bottoms; pilotage and mariners' wages may become due in voyages in foreign employment; and in such cases the general maritime law enables the courts of admiralty to administer a wholesome and prompt justice. ”

“ In the enforcement of the laws and treaty stipulations of Great Britain a practice had threatened to grow up on the part of its cruisers of subjecting to visitation ships sailing under the American flag, which, while it seriously involved our maritime rights, would subject to vexation a branch of our trade which was daily increasing, and which required the fostering care of Government. ”

“ These papers will acquaint you with the grounds of this interposition of two leading commercial powers of Europe, and with the apprehensions, which this Government could not fail to entertain, that such interposition, if carried into effect, might lead to abuses in derogation of the maritime rights of the United States. The maritime rights of the United States are founded on a firm, secure, and well-defined basis; they stand upon the ground of national independence and public law, and will be maintained in all their full and just extent. ”

“ In the meantime, I have laid my shoulder to the opening the markets of this country to our produce, and rendering its transportation a nursery for our seamen. A maritime force is the only one, by which we can act on Europe. Our navigation law (if it be wise to have any) should be the reverse of that of England. Instead of confining importations to home-bottoms, or those of the producing nation, I think we should confine exportations to home-bottoms, or to those of nations having treaties with us. ”

“ The maritime law as generally accepted by maritime nations leaves the matter untouched and in practice each of them has applied the same rule for the sea which it maintains on land. The Harrisburg, 119 U.S. 204, 213, 7 Sup. ”

“ We have, by letters to our correspondents at the several ports, done all in our power to prevent such mischiefs for the future, a copy of which we herewith send you. The European maritime powers embarrass themselves, as well as us, by the double part their politics oblige them to act; being in their hearts our friends, and wishing us success, they would allow us every use of their ports consistent with their treaties, or that we can make of them without giving open cause of complaint to England ”

“ Owing to the conflict of claims which grew out of the controversy, maritime states had to moderate their demands and base their pretensions to maritime dominion on the principle that it extended seawards from land. ”

“ Some nations more than others, but all maritime nations more or less, depend for their prosperity upon maritime commerce, and probably upon it more than upon any other single factor. Either under their own flag or that of a neutral, either by foreign trade or coasting trade, the sea is the greatest of boons to such a state; and under every form its sea-borne trade is at the mercy of a foe decisively superior. ”

“ Nor should it be overlooked that inasmuch as Spain, through her cruisers and privateers, may sweep our commercial flag from the seas, partly by actual capture or destruction, partly by means of greatly increased rates of insurance, we substantially make a present of the larger part of our carrying trade on the ocean to other maritime nations, such as Great Britain, Germany, Norway, and others. ”

“ This is an unfortunate alternative, but it is one which will not admit of compromise or arbitration: we consider an absolute superiority on the seas essential to the safety of our shores, the prosperity of our commerce, and the security of our colonies; they manifest a determination to contest our maritime supremacy, and to create a force which shall give them even a preponderating influence. ”

“ The trade bulked so large in the world's commerce in the seventeenth and eighteenth centuries that every important maritime community on the Atlantic sought a share, generally with the sanction and often with the active assistance of its respective sovereign. ”

“ Touching the nature and degree of that maritime protection, which it may be wise in this nation to extend to its maritime interests, it seems to me that our exertions should rather be excited than graduated, by the present exigency; that our duty is to inquire, upon a general scale, what our commercial citizens have, in this respect, a right to claim; and what is the unquestionable obligation of a commercial nation, to so great a class of its interests. ”

“ Because the shipping industry is vitally important both to our national commerce and national defense, the Federal Government has maintained a special interest in trying to promote its growth and stability. ”

“ Though materially assisted in their efforts to extend and develop their shipping by the seafaring habits of the people, by the natural maritime resources of their own country, and by the advantages they derived as neutrals during the war which so long raged in Europe, they were ever ready to encourage increased intercourse with distant nations, in spite of the opposition of the maritime States to those liberal measures which they had so frequently propounded, and in which they had been too often thwarted. ”

“ With no United States steamers on the principal ocean lines or in any foreign ports, our facilities for extending our commerce are greatly restricted, while the nations which build and sail the ships and carry the mails and passengers obtain thereby conspicuous advantages in increasing their trade. ”

“ If the ocean paths used by our merchant ships—the trade routes or sea communications of the United Kingdom with friendly or neutral markets and areas of production—could be kept open by our navy, that is, made so secure that our trade could traverse them with so little risk of molestation that it could continue to be carried on, it resulted as a matter of course that no sustained attack could be made on our outlying territory. ”

“ SHIPPING. Our present dependence upon foreign shipping for nine-tenths of our foreign-carrying trade is a great loss to the industry of this country. It is also a serious danger to our trade, for its sudden withdrawal in the event of European war would seriously cripple our expanding foreign commerce. The national defense and naval efficiency of this country, moreover, supply a compelling reason for legislation which will enable us to recover our former place among the trade carrying fleets of the world. ”

“ We cannot protect our commerce on the ocean. Our ships have vexed every sea—we trade to all parts of the world; of course, to protect our commerce, our ships of war must abandon our coasts and encounter all the force of the enemy or those of Europe. The ports we have in view are European. ”

“ That other countries contemplate, in the event of war, an attack on our sea-borne trade has been clearly foreshadowed in the writings which have been published abroad, and received with favour by the nations to whom they were addressed. ”

“ The general rule of international law is that a foreign ship is so far identified with the country to which it belongs that its internal affairs, whose effect is confined to the ship, ordinarily are not subjected to interference at the hands of another state in whose ports it is temporarily present, 2 Moore, Int. ”

“ Navigation of the seas outside of territorial waters must be made free to all nations. Exceptions are made by international agreement. To landlocked nations access to the sea must be secured by an international agreement ”

“ So accustomed are we in these days to peace and plenty that we have need to remind ourselves constantly that there were no trade routes kept open, no policing of the seas, no international treaties nor diplomatic relations to prevent a peaceful merchant ship from disappearing altogether on the high seas, or staggering into port with the loss of her cargo and most of her crew. ”

“ The Government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them; and being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch or to return home without the benefit of going to any other market. ”

“ Where a policy is underwritten upon a foreign vessel, belonging to a foreign country, the underwriter must be taken to have knowledge of the common usages of trade in such country, as to the equipments of vessels of that class for the voyage on which she is destined. ”

“ The very essential basis of overseas trade is that trade-carriers shall be able to go about their lawful business with some certainty of not being attacked on the way. To-day, if a war broke out between our own and some other country possessing a navy, the merchant ships would be so endangered that they would either have to remain in port or else wait till our cruisers could convoy them. ”

“ But besides a protection of our commerce on the seas, I think it highly necessary to protect it at home, where it is collected in our most important ports. The distance of the United States from Europe and the well known promptitude, ardor, and courage of the people in defense of their country happily diminish the probability of invasion. ”

“ Can it be consistent with the wisdom and policy of the greatest naval and commercial nation in the world, to depend wholly on foreigners for the supply of an article, in which is included the very existence of her navy and commerce? ”

“ You will have a navy to defend your coast.—The respectable figure you will make among the nations, will so far command the attention of foreign powers, that it is probable you will soon obtain such commercial treaties, as will open to your vessels the West-India islands, and give life to your expiring commerce. ”

“ If the merchant vessels of the citizens or subjects of one of the other parties, sailing along the coasts or on the high seas without any escort, are met by the vessels of war or private armed vessels of the other party, being engaged in a war with any other power, they shall be held, if required, to exhibit their passports, sea-letters, and other documents described in the article of this treaty ”

“ It grew up out of the fact that the ocean is not the territorial property of any nation, but the common property of all; that vessels engaged in commerce between the different nations ought, so far as possible, to be subject to a uniform law, and not annoyed by the conflicting local laws and customs of the several nations which they visit. ”

“ We enjoy the advantages of navigation and trade given to the most favored nation, but it has not yet suited their policy, or perhaps has not been found convenient from other considerations, to give stability and reciprocity to those privileges by a commercial treaty. ”

“ I invite your attention to the view of our present naval establishment and resources presented in the report of the Secretary of the Navy, and the suggestions therein made for its improvement, together with the naval policy recommended for the security of our Pacific Coast and the protection and extension of our commerce with eastern Asia. Our facilities for a larger participation in the trade of the East, by means of our recent settlements on the shores of the Pacific, are too obvious to be overlooked or disregarded. ”

“ At that time the commercial greatness of the United States rested upon the splendid qualities shown by her sailing ships and their captains upon the ocean. And after all the only really rational sovereignty of the seas that exists, or has ever existed, is maintained by the merchant marine, whose ships and seamen contribute not only to the welfare and happiness of mankind, but also to the wealth of the nations under whose flags they sail. ”

“ Any ship-of-war or merchant vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again, without paying any dues other than such as would be payable by national vessels. ”

“ These are the fixed principles and regulations by one or all of which our navigation and commerce can only be promoted, and must never be deviated from, when adopted in favor of any one nation whatever—unless it be in return for some special advantage granted to us by any particular nation as an equivalent. Hitherto, our Government has proceeded to distinguish foreign ships, only by making them pay greater tonnage and duties than our own. ”

“ The third and fourth articles of the treaty of amity and commerce between France and the United States subject the vessels of each nation to pay in the ports of the other only such duties as are paid by the most favored nation, and give them reciprocally all the privileges and exemptions in navigation and commerce which are given by either to the most favored nations. Had the contracting parties stopped here, they would have been free to raise or lower their tonnage as they should find it expedient, only taking care to keep the other on the footing of the most favored nation. ”