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legiflatures, and the debates upon them, will have

a fimilar conclufion.

March 23, 1790.

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HISTORICUS.

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OBSERVATIONS ON WAR.

Y the original law of nations, war and extirpation were the punishment of injury. Humanizing by degrees, it admitted flavery instead of death a farther step was the exchange of prifoners instead of flavery; another, to refpect more the property of private perfons under conqueft, and be content with acquired dominion. Why fhould not this law of nations go on improving? Ages have intervened between its feveral fteps: but as knowledge of late increafes rapidly, why fhould not thofe fteps be quickened? Why should it not be agreed to, as the future law of nations, that in any war hereafter the following defcription of men fhould be undisturbed, have the protection of both fides, and be permitted to follow their employments in fecurity? viz.

1. Cultivators of the earth, because they labour for the fubfiftence of mankind.

2. Fishermen, for the fame reafon.

3. Merchants and traders in unarmed fhips, who accommodate different nations by communicating and exchanging the neceffaries and conveniences of life.

4. Artists and mechanics, inhabiting and working in open towns.

It is hardly neceffary to add, that the hospitals of enemies fhould be unmolested-they ought to be affifted. It is for the intereft of humanity in general, that the occafions of war, and the inducements to it, fhould be diminished. If rapine be abolifhed, one of the encouragements to war is taken away; and peace therefore more likely to continue and be lafting.

The practice of robbing merchants on the high feasa remnant of the ancient piracy-though it may be accidentally beneficial to particular perfons, is far from being profitable to all engaged in it, or to the nation that authorifes it. In the be ginning of a war fome rich fhips are surprised and taken. This encourages the firft adventurers to fit out more armed veffels, and many others to do the fame. But the enemy at the fame time become more careful, arm their merchant fhips better, and render them not so easy to be taken; they go alfo more under the protection of convoys. Thus, while the privateers to take them are multiplied, the veffels fubject to be taken, and the chances of profit, are diminished; fo that many cruifes are made, wherein the expences overgo the gains; and, as is the cafe in other lotteries, though particulars have got prizes, the mafs of adventurerst are lofers, the whole expence of fitting out all the privateers during a war being much greater than he whole amount, of goods taken

Then there is the national lofs of all the labour of fo many men during the time they have been employed in robbing; who befides spend what they get in riot, drunkenness, and debauchery;

lofe their habits of induftry; are rarely fit for any fober bulinefs after a peace, and ferve only to increase the number of highwaymen and houfebreakers. Even the undertakers who have been fortu. nate, are, by fudden wealth, led into expenfive liying, the habit of which continues when the means of fupporting it ceafe, and finally ruins them a just punishment for having wantonly and unfeelingly ruined many honeft innocent traders and their families, whofe fubflance was employed in ferving the common intereft of mankind.

ON THE

IMPRESS OF SEAMEN.

Notes copied from Dr. Franklin's writing in pencil in the margin of Judge Foster's celebrated argument in favour of the IMPRESSING OF SEAMEN (published in the folio edition of his works).

JUD

UDGE Fofter, p. 158. "Every Man."--The conclufion here from the whole to a part, docs not feem to be good logic. If the alphabet fhould fay, Let us all fight for the defence of the whole; that is equal, and may therefore be just they should fay, Let A, B, C, and D, go out and fight for us, while we ftay at home and fleep in whole fkins; that is not equal, and therefore cannot be just.

But if

Ib. Employ."-If you pleafe. The word fignifies engaging a man to work for me, by offer

ing him fuch wages as are fufficient to induce him to prefer my fervice. This is very different from compelling him to work on fuch terms as I think

proper.

Ib.. "This fervice and employment, &c."Thefe are falfe facts. His employments and fervice are not the fame-Under the merchant he goes in an unarmed veffel, not obliged to fight, but to tranfport, merchan life. In the king's fervice he is obliged to fight, and to hazard all the dangers of battle. Sicknefs on board of king's fhips is alfo more common and more mortal. The merchant's fervice too he can quit at the end of the Voyage; not the king's. Alfo, the merchant's wages are much higher.

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Ib. I am very fenfible, &c."-Here are two things put in comparison that are not comparable: viz. injury to feamen, and inconvenience to trade. Inconvenience to the whole trade of a nation will not justify injuftice to a fingle feamen. If the trade would fuffer without his fervice, it is able and ought to be willing to offer him fuch wages as may induce him to afford his fervice voluntarily.

Page 159. "Private mifchief must be borne with patience, for preventing a national calamity."-Where is this maxim in law and good policy to be found? And how can that be a maxim which is not confiftent with common fenfe? If the maxim had been, that private mifchief, which prevent a national calamity, ought to be generoufly compenfated by the nation, one might underfland it but that fuch private mifchiefs are only to be borne with patience, is abfurd!

Ib. The expedient, &c. And, &c." (Paagraphs 2 and 3.-Twenty ineffectual or inconVOL. II.

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venient schemes will not justify one that is unjut. Ib. Upon the foot of, &c."Your reasoning, indeed, like a lie, ftands but upon one foot ; truth upon two.

Page 160,"Full wages."-Probably the same they had in the merchant's fervice.

P

Page 174. "I hardly admit, &c." (Paragraph 5)-When this author fpeaks of impreffing, page 158, he diminishes the horror of the practice as much as poflible, by prefenting to the mind one failor only fuffering hardship (as he tenderly calls it) in fome particular cafes only: and he places against this private mifchief the inconvenience, to the trade of the kingdom.-But if, as he fuppofes is often the cafe, the failor who is prefled, and oblig ed to ferve for the defence of trade, at the rate of twenty five fhillings a month, could get three pounds fifteen fhillings in the merchant's fervice, you take from him fifty fhillings a month and if you have a 100,000 in your fervice, you rob this honeft induftrous part of fociety, and their poor families of 250,ocol. per month, or three millions a year, and at the fame time oblige them to hazard their lives in fighting for the defence of your trade; to the defence of which all ought indeed to contribute (and failors among the reft) in proportion to their profits by it; but this three millions! Lis more than their fhare, if they did not pay with their perfons; but when you force that, methinks you fhould excufe the other. gitucons doidy

But it may be faid, to give the king's leamen merchant's wages would cof the nation too much, and call for more taxes. The question then will anicunt: this: whether it be just in a cominant

that the richer part should compel the poetër

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