To Secure the Blessings of Liberty: Selected Writings of Gouverneur Morris

29 • An Answer to War in Disguise (1806)

369 An Answer to War in Disguise; or, Remarks upon the New Doctrine of England, Concerning Neutral Trade (New-York: Printed by Hopkins and Seymour, for I. Riley & Co. February, 1806). American Antiquarian Society Early American Imprints, series II (Shaw-Shoemaker), no. 10907. Courtesy American Antiquarian Society. 1. [James Stephen], War in Disguise, or the Frauds of the Neutral Flags (London, 1805; repr., New York: Hopkins & Seymour, 1806), 9. 29 • An Answer to War in Disguise (1806) War in Disguise, or the Frauds of the Neutral Flags appeared in October 1805, the same month that Admiral Nelson won his great victory at Trafalgar . Nelson gave Britain control of the seas, and in War in Disguise, James Stephen gave her a doctrine for using that power. Stephen, an admiralty lawyer and former colonial official, argued that the French were sustaining their economy during the war by shifting the trade with their colonies from French ships to neutral ships. Like most colonial powers, the French had previously adhered to mercantilist policies and allowed this trade only in French ships. When war came, however, the French had opened their commerce to neutral shipping. This meant, Stephen said, they had “in effect, for the most part, only changed their flags, chartered many vessels really neutral, and altered a little the former routes of their trade.”1 The solution, Stephen argued, was simply to shut down all commerce in French goods, whether carried in belligerent or in neutral ships. This would damage the French economy and hasten the end of the war. But it was also a violation of neutral rights under international law. War in Disguise was an elaborate justification for this policy under the principles of admiralty law. An American edition of the book was published in January 1806, and Morris’s Answer followed in February. Meanwhile, Stephen’s argument had found a receptive audience in England. In May 1806 it became official policy with the first of a series of Orders in Council imposing a blockade of continental ports. Americans understood that the new 370 chaPtEr 29 2. “Nature does not allow us to increase our capacities, wealth, and resources by robbing others; and this should be the single principle for all men, that the interest of each and all should be the same, for if each one appropriates things for himself, all human community will be dissolved.” The inscription is in fact taken from book 3 of Cicero’s De Officiis. Morris has combined the end of a sentence at 3.22 with a sentence at 3.26. policy was largely aimed at American commerce; ultimately this dispute would escalate into the War of 1812. •• “Illud natura non patiatur, ut aliorum spoliis nostras facultates, copias, opes, augeamus: et unum debeat esse omnibus propositum, ut eadem sit utilitas uniuscujusque et universarum, quam si ad se quisque rapiat, dissolvitur omnis humana consortio.” —cicEro dE oratorE. 3.2 PrEFacE. Those who are in the habit of approving or condemning, more from regard to persons than to things, wish to know the Author before they read a book. In the hope that these sheets may be impartially considered, the writer will not affix his name. He will, however, to obviate unfounded objection, so far gratify the curious, as to say, that he is not a Practitioner of the Law; he is not a Merchant; he has no interest in Trade; he holds no Office; and has no connexion with those who administer the Government. AN ANSWER TO WAR IN DISGUISE, &c. The Pamphlet, entitled “War in Disguise,” on which we are about to make some remarks, is the production of no mean ability.We have been told, that it was written by direction of the English cabinet. This, however, we do not believe, since it shows a want of that caution and reserve, which usually mark the compositions of public men; our respect also for the British minister , will not permit us to suppose that, even hastily or in a convivial moment , he would assent to the general scope and tenor of this work; much less, that he would initiate its dangerous doctrine, after serious thought and Answer to War in Disguise 371 mature deliberation.We shall, therefore, treat the argument with freedom, unrestrained by any of that deference which delicacy would impose, if we believed ourselves addressing, even at second hand, the minister of a great monarch. In effect, this pamphlet appears to be written...