Freedom of the Seas

Principle 10

Freedom of the Seas,

including Freedom of Commerce,

and Freedom for Citizen Mobility

America is a seafaring nation. Colonial Americans use the sea for commerce with the colonial "mother country," as a highway for transport up and down the Atlantic coastline, as a rich fishing ground, and as a highway for commerce with European colonies in the Caribbean. Merchants in the new nation depend on sea commerce for trade and depend on trade for wealth.

Because America is founded by people who cross the seas themselves, or are descended from people who made the voyage across the seas, and because the commerce, wealth, and survival of the young nation depends on the sea, Americans are vocal and forceful defenders of the principles of freedom of the seas and of freedom of commerce.

The right to operate a navy and to maintain a merchant marine is inherent in the definition of national sovereignty. As a raw materials and commercial colony of Great Britain under the British mercantilist economic system, America is limited in its rights to the seas and commerce, but, as a newly independent nation, the United States quickly seeks to exercise its rights to the seas and its rights to free and unimpeded international commerce. America encounters two obstacles to the exercise of its national rights. The first obstacle is the Barbary Pirates; the second is Great Britain.

During the first few decades following American independence, the Barbary Pirates of the North Coast of Africa confiscate American ships and cargo and hold American seamen for ransom. America eventually responds by building a navy with cannon and marines, by invading North Africa, and by overwhelming the warlords who commission the pirates.

During the first fed decades following American independence, and even after acknowledging defeat in the American Revolution and granting the colonies their independence, Great Britain continues to refuse to accept America's claim to free access to the sea. During much of the French Revolution and Napoleonic era, from 1789 through 1814, Great Britain enforces a commercial blockade on France and seeks to halt all trade with any French colony, including those in the Caribbean. Although the United States maintains strict neutrality in the European confrontations during this time period and demands the right to free commerce with any and all nations of the world, Great Britain includes American shipping in the British blockade of France and of the French colonies and deals harshly with any American shipping violating the blockade. Great Britain commandeers American ships and impresses American seamen into involuntary British naval service when American ships are encountered in the high seas. Many American congressional and political leaders urge war with England to assert American rights. England responds to the threats of war by invading American soil in the War of 1812. It is only the good fortune of having Britain encumbered with a second on-going war in Europe against Napoleon that prevents a British victory in America. Exhausted with war, English authorities negotiate a conclusion to the war and American rights to the seas and to commerce are finally assured.

Issues of free trade, freedom of the seas, and free movement of American goods and citizens require constant continuing national attention, however. Many nations, including the United States, impose tariffs, duties, and trade restrictions that limit the free movement of raw materials and commercial goods. The tariff is a major revenue source for most governments, including the U. S. government. The Democratic Party platform of 1856 states "The time has come for the people of the United States to declare themselves in favor of free seas and progressive free trade throughout the world." The Democrats are concerned about limits imposed from abroad and limits imposed domestically; their domestic concern is with the negative impact of America's protectionist tariff on both imports and exports, especially on raw materials and commercial goods flowing in and out of the southern states. These trade restrictions, especially those imposed domestically by the government in Washington, D. C., are a major cause of the Civil War. Democrats remain vocal opponents of the protectionist tariff throughout the Nineteenth Century; Whigs and Republicans are the defenders of the tariff. Tariffs remain an issue until most are abolished at the start of the ear of free trade in the late Twentieth Century.

By 1884, America is swept by a claim to manifest destiny and a desire for world leadership in commerce. Political party platforms of this era call for increasing the size of the navy and merchant marine and for an assertive trade policy. The 1884 Democratic Party platform demands restoration of American naval power, calls for removal of tariffs and legal burdens on U. S. shipping, demands the U. S. wrest control of world commerce and world markets from Great Britain, and proclaims the U. S. merchant marine to be "on the point of outstripping that of Great Britain." The Republican Party platform of the same year (1884) calls for removing legal burdens under which U. S. shipping is depressed and demands the "restoration of the navy... so that it may again be true that we have a commerce which leaves no sea unexplored and a navy which takes no law from superior force." In 1888, Republicans renew their platform call for "rehabilitation of our American merchant marine" and "demand appropriations for the early rebuilding of our navy,... coast fortifications and modern ordinance." Republicans condemn the incumbent Democrat administration's foreign policy for "its inefficiency and cowardice" including allowing European nations to extend "foreign influence in Central America and... foreign trade everywhere among our neighbors" and the "pusillanimous surrender of essential privileges to which our fishing vessels are entitled in Canadian ports under... treaty,... maritime legislation,... and the comity of nations..."

In their party platform of 1892, Republicans, again, call for "restoration of our mercantile marine by home-built ships, and the creation of a navy for the protection of our National interests and the honor of our flag." Americans construct that modern navy, known as the "Great White Fleet" and cruise around the world to show American naval might. That modern fleet is more than a match for the aging Spanish fleet in the Spanish American War a few years later. America retains its naval strength throughout the Twentieth Century, facing challenges only by German submarines in World War I and World War II and by the Japanese navy in World War II.

The rights of American citizens traveling and living abroad face repeated challenge from foreign powers, beginning with British efforts to impress American sailors into British naval service and the refusal of many nations to recognize the American citizenship of their former subjects immigrating to America.

Dating from the founding of the republic, Americans are consistent and vocal defenders of the freedom of persons and goods to travel across the seas. Eventually, this freedom of movement is extended to include the skies and the void of space. With only a few exceptions, including the American blockade of Cuba during the 1860s and the embargo on trade with South Africa in the 1980s and Iraq in the 1990s and 2000s, Americans defend free and unimpeded movement of people and commerce between all nations and oppose the use of physical blockades or legal trade restrictions to prevent movement of goods or people into or out of nations. American warships force open Japanese ports in the middle of the Nineteenth Century when Japan seeks to isolate itself and its people from the world. American merchant ships run the submarine blockade of Britain by Germany in the years before American entry into both World War I and World War II. American cargo aircraft break the Soviet blockade of Berlin in the 1940s. America reflags foreign oil tankers with its own flag and uses American naval power to insure free passage of tankers in the Persian Gulf in the 1980s and 1990s. America opposes barriers to free trade imposed by Europe and Japan in the 1980s and 1990s. America condemns the Soviet Union's refusal to permit Jewish Russians to emigrate to Israel. America defends freedom of movement of tourists, business people, job seekers, refugees from natural and man-made disasters, and anyone desiring to emigrate or immigrate.

Support for free immigration to the colonies and to the new United States is one of the first items to be included in the platforms of the major American political parties. In the first two Democratic Party platforms, written for the presidential campaigns of 1840 and 1844, Democrats proclaim their support for open immigration and the right of immigrants to own land and become citizens. The platforms proclaim the United States is "the land of liberty, and the asylum of the oppressed of every nation." After the Civil War, the new Republican Party becomes a champion of immigration. The Republican Party platform of 1868 says "Foreign immigration... should be fostered and encouraged by a liberal and just policy." The open immigration policy is extended to all nationalities and races, except Chinese; efforts are made to specifically exclude Asians. These efforts are later extended to include paupers from all nations. In the Republican Party platform of 1924, the immigration door begins to close even further. Republicans call for establishment of new immigration and naturalization policies and for programs to insure immigrants are educated to "our language, customs, ideals and standards of life." By the middle of the Twentieth Century, foreign immigrants enter the United States on a quota system. By the end of the Twentieth Century, immigration restrictions are relaxed, largely because of the inability to prevent a flood of illegal immigration into the United States. With the advent of America's "war on terror," immigration restrictions and enforcement of the nation's borders become a renewed priority.

There have been some significant lapses in America's defense of freedom of movement over the years. For example, America imposes blockades of its own, most recently in Cuba, Vietnam and Haiti. America enactes laws restricting the free flow of goods into and out of America, including trade restrictions on South Africa, retaliatory trade limits on Japan, and bans on the export of "strategic" technology. America interrupts the free emigration and emigration of the world’s citizens, beginning with the immigration laws against the "yellow peril" from Asia in the Nineteenth Century to the recent interdiction of "boat people', from Haiti and Cuba.

The case of American opposition to immigration of Asians into the United States throughout the last half of the Nineteenth Century is especially interesting. The Democrat, Whig and Republican parties are all supporters of free and open immigration policies, yet, in their centennial party platform of 1876, Democrats make a direct attack on Asian immigration. In their 1876 platform statement, and in the years to come, Democrats claim their opposition is intended to prevent abuse of Asian immigrant workers, prevent the unemployment of American workers and maintain immigration opportunities for European immigrants.

"Reform is necessary to correct the omissions of a Republican Congress and the errors of our treaties and diplomacy, which has stripped our fellow-citizens of foreign birth and kindred race, re-erasing (re-crossing) the Atlantic from the shield of American citizenship, and has exposed our brethren of the Pacific coast to the incursions of a race not sprung from the same great parent stock, and in fact now by law denied citizenship through naturalization as being unaccustomed to the traditions of a progressive civilization, one exercised in liberty under equal laws, and we denounce the policy which thus discards the liberty-loving German and tolerates the revival of the coolie-trade in Mongolian women for immoral purposes, and Mongolian men held to perform servile labor contracts, and demand such modification of he treaty with the Chinese Empire, or such legislation within constitutional limitations, as shall prevent further importation or immigration of the Mongolian race." (1876 Democratic Party Platform)

In their 1876 platform, Republicans take a more moderate position, saying they intend "to investigate the effects of the immigration and importation of Mongolians on the moral and material interests of the country."

The 1880 Democrat platform calls for "no more Chinese immigration, except for travel, education, and foreign commerce, and that even carefully guarded." By 1880, Republicans are also concerned about Asian immigration but, rather than an outright ban, Republicans say the U. S. should "limit and restrict that immigration by the enactment of such just, humane and reasonable laws and treaties as will produce that result." In their 1884 platform, Republicans become as outspoken as Democrats on Asian immigration.

"The Republican party... is unalterably opposed to placing our workingmen in competition with any form of servile labor, whether at home or abroad. In this spirit, we denounce the importation of contract labor, whether from Europe or Asia, as an offense against the spirit of American institutions; and we pledge ourselves to sustain the present law restricting Chinese immigration, and to provide such further legislation as is necessary to carry out its purpose." (1884 Republican Party Platform)

In its 1884 platform statement, Republicans include contract labor from Europe in their denunciation but specifically focus on Chinese labor. In their 1888 platforms, Democrats call for total exclusion of Chinese immigration; Republicans join them and "declare our hostility to the introduction into this country of foreign contract labor and of Chinese labor.... We demand rigid enforcement of the existing laws against it, and favor such immediate legislation as will exclude such labor from our shores." In subsequent platform statements in 1892 and 1896, Democrats continue to call for exclusion of Chinese immigrants but Republicans delete specific reference to Chinese as a problem and, instead, call for an immigration ban to include "restriction of criminal, pauper and contract immigration" in their 1892 platform and "foreign pauper labor" in their 1896 platform. In their 1900 party platform, Democrats "favor the continuance and strict enforcement of the Chinese exclusion law, and its application to the same classes of all Asiatic races."

By 1900, both Republicans and Democrats are interested in increasing commercial relations with Asia; attacks on Asian immigrants disappear from both party platforms in 1904.

In an ironic turn of events, the expansion of communism throughout Asia in the late Twentieth Century results in Asians being given preference in immigration. Nationalist Chinese, South Koreans, South Vietnamese, Hmong Tribesmen, Laotians, Cambodians and others escaping communism are each given preferences in their turn.

Principle 10