The American Attitude Toward Capture at Sea

Abstract

The United States, fighting a war for independence from the greatest of maritime Powers at a time when the belligerent and neutral worlds were united against England because of her maintenance of the ancient rules of maritime warfare, naturally incorporated into its first treaty, the commercial agreement of 1778 with France, the "twin maxims" of Utrecht: free ships, free goods, enemy ships, enemy goods. The greater freedom which the first of these principles expressed agreed with the interests and the temper of the new republic, since in but one of its subsequent treaties has it included the opposing regulations upheld by the mother country. Treaties of 1782 with the United Provinces, 1783 with Sweden, and 1800 with France stipulated that free ships should make free goods and enemy ships, enemy goods.