With these facts in mind we shall be able to comprehend why American shipping was subjected to ruthless spoliations during the entire period between the end of the War of the Revolution and our second war for liberty, which we began in 1812. The sole criterion of right in international affairs was might.
An Early Type of Clipper Ship: Maria, of New Bedford, Built 1782
As the reader remembers, the French spoliations grew out of the anarchy prevailing during the French Revolution. To appreciate the facts, one needs to put himself in the place of the French people and feel not only their aspirations but their blinding indignation. A well-meaning, most energetic, and (more or less) hysterical National Convention displaced an impotent monarchy. "Of the 11,210 decrees passed by the Convention one-third have a political aim, two-thirds have a humanitarian aim." (Hugo, in Ninety-Three.) The surrounding nations, alarmed lest republican principles gain headway among the "common people," formed a coalition to avenge the death of the French king and destroy the French Republic. England, without declaring war, held in her ports all merchantmen (including neutrals) bound for France, and then began to capture and send into port all neutral ships found at sea with cargoes of food for French consignees. It was then that France began to strike back in a way that affected American shipping. In March and April, 1793, our Minister at Paris had to complain of several ships captured by French privateers, and in one of his letters to the French Minister of Foreign Affairs he said:—
"I avoid troubling you with the afflicting recital of the violences committed on those different occasions, and which were so much the less excusable inasmuch as they took place after the prizes were taken possession of, and when no resistence was met with."
On May 9, 1793, the French government authorized the seizure of "all neutral vessels which shall be laden wholly or in part" with food products and "destined for an enemy's port."
The decree was contrary to the treaties made between France and the United States in 1778, but it was confirmed on the 27th of July.
This decree was avowedly made because food was scarce in France and because England was trying to starve the French into submission by stopping all food-laden ships bound for France. In the French view it was justified as a measure of necessity.
On July 2, 1796, however, it was decreed that "the flag of the French Republic will treat neutral vessels either as to confiscation, as to searches or capture in the same manner as they shall suffer the English to treat them."
In the meantime the United States had made, under duress, a treaty with England (Jay's, 1794), which gave the English advantages of which the French, though by treaty our allies, were deprived; and this treaty was ratified in spite of the fact that the British aggressions had exceeded the French not only in extent, but in their aggravating character. Moreover, this treaty was not promulgated until May 9, 1796, and France justly complained of the concealment as disingenuous. It was partly because of the resentment thus created that the decree of July 2, 1796 was made, and it was wholly because of resentment that, on March 2, 1797, a decree was issued declaring that "every American vessel shall be a good prize which has not on board a list of the crew in proper form, such as is presented by the model annexed to the treaty of the 6th February, 1778."