The Correspondence of Thomas Jefferson
By Subject
FOREIGN RELATIONS / NEUTRALITY
We believe the practice of seizing what is called contraband of war,
is an abusive practice, not founded in natural right. War between two
nations cannot diminish the rights of the rest of the world remaining
at peace. The doctrine that the rights of nations remaining quietly in
the exercise of moral and social duties, are to give way to the
convenience of those who prefer plundering and murdering one another,
is a monstrous doctrine; and ought to yield to the more rational law,
that "the wrong which two nations endeavor to inflict on each
other, must not infringe on the rights or conveniences of those
remaining at peace." And what is
contraband, by the law of nature? Either everything which may
aid or comfort an enemy, or nothing. Either all commerce which would
accommodate him is unlawful, or none is. The difference between
articles of one or another description, is a difference in degree
only. No line between them can be drawn. Either all intercourse must
cease between neutrals and belligerents, or all be permitted. Can the
world hesitate to say which shall be the rule? Shall two nations
turning tigers, break up in one instant the peaceable relations of the
whole world? Reason and nature clearly pronounce that the neutral is
to go on in the enjoyment of all its rights, that its commerce remains
free, not subject to the jurisdiction of another, nor consequently its
vessels to search, or to enquiries whether their contents are the
property of an enemy, or are of those which have been called
contraband of war.
Although I consider the observance of these principles as of great
importance to the interests of peaceable nations, among whom I hope
the United States will ever place themselves, yet in the present state
of things they are not worth a war. Nor do I believe war the most
certain means of enforcing them. Those peaceable coercions which are
in the power of every nation, if undertaken in concert and in time of
peace, are more likely to produce the desired effect.
to Robert R. Livingston, 9 September 1801
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