Great Britain and the American Civil War by Ephraim Douglass Adams
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and as always in the case of the dominant naval belligerent, she
stretched principles of international law to their utmost interpretation to secure her victory in war. America, soon the only maritime neutral of importance, and profiting greatly by her neutrality, contested point by point the issue of exceeded belligerent right as established in international law. America did more; she advanced new rules and theories of belligerent and neutral right respectively, and demanded that the belligerents accede to them. Dispute arose over blockades, contraband, the British "rule of 1756" which would have forbidden American trade with French colonies in war time, since such trade was prohibited by France herself in time of peace. But first and foremost as touching the personal sensibilities and patriotism of both countries was the British exercise of a right of search and seizure to recover British sailors. Moreover this asserted right brought into clear view definitely opposed theories as to citizenship. Great Britain claimed that a man once born a British subject could never cease to be a subject--could never "alienate his duty." It was her practice to fill up her navy, in part at least, by the "impressment" of her sailor folk, taking them whenever needed, and wherever found--in her own coast towns, or from the decks of her own mercantile marine. But many British sailors sought security from such impressment by desertion in American ports or were tempted to desert to American merchant ships by the high pay obtainable in the rapidly-expanding United States merchant marine. Many became by naturalization citizens of the United States, and it was the duty of America to defend them as such in their lives and business. America ultimately came to hold, in short, that expatriation was accomplished from Great Britain when American citizenship was conferred. On shore they were safe, for Britain did not attempt to reclaim her subjects from the soil of another nation. But she denied that the American flag |
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