The Naval War of 1812 - Or the History of the United States Navy during the Last War with Great - Britain to Which Is Appended an Account of the Battle of New Orleans by Theodore Roosevelt
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page 31 of 553 (05%)
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natural allegiance, as that, provided the jurisdiction of another
independent state be not infringed, every nation has a right to enforce the services of her subjects wherever they may be found. Nor has any neutral nation such a jurisdiction over her merchant vessels upon the high seas as to exclude a belligerent nation from the right of searching them for contraband of war or for the property or persons of her enemies. And if, in the exercise of that right, the belligerent should discover on board of the neutral vessel a subject who has withdrawn himself from his lawful allegiance, the neutral can have no fair ground for refusing to deliver him up; more especially if that subject is proved to be a deserter from the sea or land service of the former." [Footnote: "The Naval History of Great Britain," by William James, vol. iv, p. 324. (New edition by Captain Chamier, R. N., London, 1837.)] Great Britain's doctrine was "once a subject always a subject." On the other hand, the United States maintained that any foreigner, after five years' residence within her territory, and after having complied with certain forms, became one of her citizens as completely as if he was native born. Great Britain contended that her war ships possessed the right of searching all neutral vessels for the property and persons of her foes. The United States, resisting this claim, asserted that "free bottoms made free goods," and that consequently her ships when on the high seas should not be molested on any pretext whatever. Finally, Great Britain's system of impressment, [Footnote: The best idea of which can be gained by reading Marryatt's novels.] by which men could be forcibly seized and made to serve in her navy, no matter at what cost to themselves, was repugnant to every American idea. |
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