Jefferson and his Colleagues [38]
the hands of the enemy. The necessity of the royal navy knew no law and often defeated its own purpose. Death or desertion offered the only way of escape to the victim of the press gang. And the commander of a British frigate dreaded making port almost as much as an epidemic of typhus. The deserter always found American merchantmen ready to harbor him. Fair wages, relatively comfortable quarters, and decent treatment made him quite ready to take any measures to forswear his allegiance to Britannia. Naturalization papers were easily procured by a few months' residence in any State of the Union; and in default of legitimate papers, certificates of citizenship could be bought for a song in any American seaport, where shysters drove a thrifty traffic in bogus documents. Provided the English navy took the precaution to have the description in his certificate tally with his personal appearance, and did not let his tongue betray him, he was reasonably safe from capture. Facing the palpable fact that British seamen were deserting just when they were most needed and were making American merchantmen and frigates their asylum, the British naval commanders, with no very nice regard for legal distinctions, extended their search for deserters to the decks of American vessels, whether in British waters or on the high seas. If in time of war, they reasoned, they could stop a neutral ship on the high seas, search her for contraband of war, and condemn ship and cargo in a prize court if carrying contraband, why might they not by the same token search a vessel for British deserters and impress them into service again? Two considerations seem to justify this reasoning: the trickiness of the smart Yankees who forged citizenship papers, and the indelible character of British allegiance. Once an Englishman always an Englishman, by Jove! Your hound of a sea-dog might try to talk through his nose like a Yankee, you know, and he might shove a dirty bit of paper at you, but he couldn't shake off his British citizenship if he wanted to! This was good English law, and if it wasn't recognized by other nations so much the worse for them. As one of these redoubtable British captains put it, years later: "'Might makes right' is the guiding, practical maxim among nations and ever will be, so long as powder and shot exist, with money to back them, and energy to wield them." Of course, there were hair-splitting fellows, plenty of them, in England and the States, who told you that it was one thing to seize a vessel carrying contraband and have her condemned by judicial process in a court of admiralty, and quite another thing to carry British subjects off the decks of a merchantman flying a neutral flag; but if you knew the blasted rascals were deserters what difference did it make? Besides, what would become of the British navy, if you listened to all the fine-spun arguments of landsmen? And if these stalwart blue-water Britishers could have read what Thomas Jefferson was writing at this very time, they would have classed him with the armchair critics who had no proper conception of a sailor's duty. "I hold the right of expatriation," wrote the President, "to be inherent in every man by the laws of nature, and incapable of being rightfully taken away from him even by the united will of every other person in the nation." In the year 1805, while President Jefferson was still the victim of his overmastering passion, and disposed to cultivate the good will of England, if thereby he might obtain the Floridas, unforeseen commercial complications arose which not only blocked the way to a better understanding in Spanish affairs but strained diplomatic relations to the breaking point. News reached Atlantic seaports that American merchantmen, which had hitherto engaged with impunity in the carrying trade between Europe and the West Indies, had been seized and condemned in British admiralty courts. Every American shipmaster and owner at once lifted up his voice in indignant protest; and all the latent hostility to their old enemy revived. Here were new orders-in-council,