Jefferson and his Colleagues [39]
said they: the leopard cannot change his spots. England is still England--the implacable enemy of neutral shipping. "Never will neutrals be perfectly safe till free goods make free ships or till England loses two or three great naval battles," declared the Salem Register. The recent seizures were not made by orders-in-council, however, but in accordance with a decision recently handed down by the court of appeals in the case of the ship Essex. Following a practice which had become common in recent years, the Essex had sailed with a cargo from Barcelona to Salem and thence to Havana. On the high seas she had been captured, and then taken to a British port, where ship and cargo were condemned because the voyage from Spain to her colony had been virtually continuous, and by the so-called Rule of 1756, direct trade between a European state and its colony was forbidden to neutrals in time of war when such trade had not been permitted in time of peace. Hitherto, the British courts had inclined to the view that when goods had been landed in a neutral country and duties paid, the voyage had been broken. Tacitly a trade that was virtually direct had been countenanced, because the payment of duties seemed evidence enough that the cargo became a part of the stock of the neutral country and, if reshipped, was then a bona fide neutral cargo. Suddenly English merchants and shippers woke to the fact that they were often victims of deception. Cargoes would be landed in the United States, duties ostensibly paid, and the goods ostensibly imported, only to be reshipped in the same bottoms, with the connivance of port officials, either without paying any real duties or with drawbacks. In the case of the Essex the court of appeals cut directly athwart these practices by going behind the prima facie payment and inquiring into the intent of the voyage. The mere touching at a port without actually importing the cargo into the common stock of the country did not alter the nature of the voyage. The crucial point was the intent, which the court was now and hereafter determined to ascertain by examination of facts. The court reached the indubitable conclusion that the cargo of the Essex had never been intended for American markets. The open-minded historian must admit that this was a fair application of the Rule of 1756, but he may still challenge the validity of the rule, as all neutral countries did, and the wisdom of the monopolistic impulse which moved the commercial classes and the courts of England to this decision.* * Professor William E. Lingelbach in a notable article on "England and Neutral Trade" in "The Military Historian and Economist" (April, 1917) has pointed out the error committed by almost every historian from Henry Adams down, that the Essex decision reversed previous rulings of the court and was not in accord with British law.
Had the impressment of seamen and the spoliation of neutral commerce occurred only on the high seas, public resentment would have mounted to a high pitch in the United States; but when British cruisers ran into American waters to capture or burn French vessels, and when British men-of-war blockaded ports, detaining and searching--and at times capturing--American vessels, indignation rose to fever heat. The blockade of New York Harbor by two British frigates, the Cambrian and the Leander, exasperated merchants beyond measure. On board the Leander was a young midshipman, Basil Hall, who in after years described the activities of this execrated frigate. "Every morning at daybreak, we set about arresting the progress of all the vessels we saw, firing of guns to the right and left to make every ship that was running in heave to, or wait until we had leisure to send a boat on board 'to see,?in our lingo, 'what she was made of.' I have frequently known a dozen, and sometimes a couple of dozen, ships lying a league or two off the port, losing their fair wind, their tide, and worse than all their market, for many hours, sometimes the whole day, before our search was completed."* * "Fragments of Voyages and Travels,"
Had the impressment of seamen and the spoliation of neutral commerce occurred only on the high seas, public resentment would have mounted to a high pitch in the United States; but when British cruisers ran into American waters to capture or burn French vessels, and when British men-of-war blockaded ports, detaining and searching--and at times capturing--American vessels, indignation rose to fever heat. The blockade of New York Harbor by two British frigates, the Cambrian and the Leander, exasperated merchants beyond measure. On board the Leander was a young midshipman, Basil Hall, who in after years described the activities of this execrated frigate. "Every morning at daybreak, we set about arresting the progress of all the vessels we saw, firing of guns to the right and left to make every ship that was running in heave to, or wait until we had leisure to send a boat on board 'to see,?in our lingo, 'what she was made of.' I have frequently known a dozen, and sometimes a couple of dozen, ships lying a league or two off the port, losing their fair wind, their tide, and worse than all their market, for many hours, sometimes the whole day, before our search was completed."* * "Fragments of Voyages and Travels,"