The British Press; or, Morning Literary Advertiser. — London, England, 1808-02-06 00:00:00

)taiesei of the measure of I consequence. He ce ; ,, cite this measure was 4 ye of the Crown. The net . former occasion, blockaded h of Europe, could, wi t h hat blockade to Fiance s a d compelled. Cruel their sub. rice an excluding all IlrUi s h n to his lot to defend th e assures against himself. A, ssure. in the present state or lard it necenary to observe, lee which had been give s t o France had received abur -7 Neutral . state, which had he utmost ddratitage to ti e micron., while it e&ctual f 1 the usual vent fur her 1, . - es, and thus aimed a ,cal The laws of rk.atainp, it n tzeneled on by tlot Laws of Nations theruselv-. to that country, which h 4,. ion. The Doeree had be. r. till we had given it epee: provisions had ht on evaded, certificates of origin; whir, by forgery, penury, a n d ad. That such had b by which this trade had Id be proved by indisput. was sorry to have heard Lord and others bad E. he petition* v.hich. had been to by the manufacturers is the kingdom. The manu ov complaining of the evils Order* of Council, but of ie measures entered into by ent, previous either to our maparte. If it were true ort to the rest of the world merchandize, it was also as iced the whole world for th e we produce, and had eer ince, Germany, Holladd, adages of that portentousiy from carr!,ing. oa, in any set possible commercial in- Honourable the Chance:ler occluded with these meat 1 , I ma anxious, extremely is apprehensions of those Orders of Council will ith America. I tract they inced they will not. Film. s country must ever eate:. :ricawould sustain, the pr. war ih which she might be severely felt by us as by he-. —.her prosperity must ales be ' , pieced of the reasonableness reflecting open the prudence, de, which has, on various *c if in the Amesieses ponctr. ith what eare and eantion we ted ourselves in every maritime t to America, and innit be cceptions we have so repeat s, have arisen from our firm that our prosperity must. h.r le same time, warn the Xolpie and heat with which he conduct towards America, e a feeling of resentment in muse he has, this eved:l 4 , spouse, but whose rouse h e . my, should he suc..ee:: in on already unfortunately pre ce of her independence and• Mould enter into hostile 'try." ICE said, he conceived it to propose the sending these o a Committee, previous to House, sad to the produe on which they were issuej. th some attention, and talked persons, *boar he knew to this ',object. He confessed, ppeared is him, and those tamed upon them, so unin steel. and so coatradicserys s loss to understand them. tilled the stamp of illegaliti t. They were, be eat tended, ind spirit of fllitgreetlebarter to Chorea, whieb provides sa .ou:se with neutrals, and so e protection of foreign met with those countries. Ti.e man had, in his opinion, e Act of the 43d of His pre resent cave. That Act Yawl in His Majesty's Privy Cesiu m of absolute nocemity, the n articles, in neutral bottoms, be present Orders or Cos:in :stepped the pro;ision of this in the teeth of the Naviga intry) to admit the imports witbont exception. He was defended this or that Mun i inclined to condemn a lieu se from a party with where of coincide. No, he viewed in with impartiality, and eat; and lookins; at these 0.- s way, he could net help my pi dim irnnot.t., sod nucoo iid by the Right Iliouffientl: . - at these were mi-mares of req. to hear the Right Hon. Cier,i• exiling the acts of Bonaparte if these raeLares. If reco ils blockadn d..cree, whic.t fratigln, will; evil and irijet: an the commercial woebi, we might not to follow his steps, nor light him with his own weapons. Na ought not to walk in the track of that evil Spirit, who mewed to govern thew orld ty the p owers of hell.. One would think we were vying w ith Bonaparte, and endeavouring to out-strip him in his career of enniiing, iniquity, and ag gression. He never entertained the idea, that re talettion, under circumstances, wis not necessary to be adopted ; but he inaintaiued, that great can ton should he used , paraicengly when the rights of others were at stake. Until this war there was no instauce of a system of blockade like this ever known in the Irtatory of the World. It was there fore difficult to reduce our mts under it to a con formity with law. He had it from authority, that bo could • not doubt, that the Danish Charge d'Affaires had communicated to the Government of this country. that it was not the intention of France to 'extend the blockade to the interruption of the twee hetween Denmark and Great Britain. On the first appearance of the French blockading De cree, America, not a little alarmed for her trade, riiiiiired, through her Ambassador, an explanation of t!iiit Decree. And what was the reply of the Fre .i:',l Minister, he would ask ? It was, that it was pot intended by that Decree to confiscate American 'vesiels, merely for touching at an English port, or. to extend to them the mine rigorous prohibi tions which the Decree at first view of it seemed to imply. If the Right Hon. Gentleman had looked at t h e communication that passed between General Armstrong and the French Minister, he would have seem that- the Fran* -Decree lid not war ' rant • the confiscation of Neutrals at sea, for ' merely coming from England or her colonies ; but, that it declared Neutrals entering the ports of France. ' from England, niter prohibition to do so, should be cOnfiscatel He contended, that there WITS not an instance of an American vessel being forfeited for touching at the ports of this country. from the inning of the Decree of Blockade, in November, Ifio6, up to last September. He was not an adviicate for compromising the dignity and honorfr of the country, but trusted, that we would i.•t with prudence and moderation towards Ame rica. It was, he insisted, an insult, and a very groat one too, to stop the ship of a neutral state upon the high sax; and he could not help saving, that America wos, in many instances, aggrieved by us i•t this way. lie trusted that His Majesty:a Minoters would, 03 a review of dame Orders in Con •icil, remove the disahilities imposed upon America by them, and would use every effort to cultivate an amicable and friendly intercourse be. twevo the two countries. Did . Ministers think the Hin* of Corrimmia would be satisfied with the evidersee they produced to justify their conduct towards America ? Did they think the production of their garbled scraps, and violated fragments of letters, would convince thin House and the coun try of•the policy of these Orders of Council ? Are they so short-bighted as not to know, that when the eves of Europe are upon us, and when we are lookid tb for a policy, liberal and comprehensive. that ear conduct to America has been impolitic and unwise. If we are to fall us a cation, let us fall in the Calls! of Virtue, of Honour, and of Freedom, and not, by folleWing or imitating the policy of Franca , darliiii- our NitiOual.Chomour I& the eyes of Europe and the world. The MASTER of the ROLLS declared, that even allowing for a moment the objections armed by his Learned Friend against the contests of these Orders of Council, he could not see thee ouch objections were of a nature to be removed by a postponement et' the discussion. Because, if Well founded, they were of a nature which no lapse of time could recioye.. The errors or iinpalicy of me Orders may be grounds for immediate oppo iio • 0, hut not at all for remote consideration. — is ',earned Friend had also called upon His Ma j st .... Ministers to pause before they pressed the ado !ion of a new system, not carrying with it the full efficacy of legislative discussion , yet it was Lice more than twelve months ago since Vie friends of that Gentleman, then in ad- ministrii.ion, would not consent even to the inspection ...If an Order founded upon the same ptinciple .of retaliation, on the ground that it was, on the pan of the House of Commons, an impmpee interference with the prerogative of the Crown ; aid this distioet refusal was given, net hoeanae tf t a 40e-inielit itself was unknown or uti pahlished, but iii.ou this principle, that Parliameut aight•not to be po ssessed of it in that shape.— lit• ith such mediations, it was impossible not to feel surprised at the line of recommendation adopted by the Learned (;elitlewinn (Dr. Law rence). He has now celled upon the House to pause• aml ponder before it ackncroied en Order of Blocks:le, which, whether politic or impolitic, are, as he has said, manifestly unjust.— Why did he not in the spirit' of consistency inter fere hie high authority with his political associates pa the 7th of "unary, 1807, and call upon them in monsider. recall, and modify an act, founded span the.witne principle of retaliation, and equally subject to the charge of injustice. He appreciated too highly the manly mind of his Learned Friend. to Co:,,erve for a moment, that in his present opi. Mop sad opposition he was actuated by any patty •infiuvice or attachment. Therefore it was that la was surprised at the objections made by him 1 to measures equally supported as the former one which obtained his expressed approbation. It aas impossible to dispute the principle of retaliation.— The extending its evil effects to unoffeml,ig States, was to be regretted; but, under tile state of circumstances, could not be avoided. But when one belligerent adopts a system of conduct towards the trade of neutrals, calculated to injure the other belligerent in its most essential interests, the latter is justified not to limit its measures to the mere formal principle of retaliation, but so to devise and excente its ohms, that the very system of the enemy shall re-act upon bitnself. The Order of 180 7 pursued that principle; and there fore it was. that lye was surprised to hear the Gen tlemen on the opposite side, arguing against a system, which they were the first to introduce, and were roost earnest in pressing into action.— Iledid not arraign tithe!, the justice or the piiiicv of that measure; bust he email s of conceal hia aston'ish roent at perceiving the N ohle Lora (Petty) and his I: ends now condemning the very principle and ling icy npoa which, at to short a period, previously, they themselves Led acted. Indeed the preamble to that Order of 190 Q etai the "beat answer to the speech of the Nu bk lards Dot the ?rest* decree (ally warranted- the - procedure: •Whetever might !be thought of ot'aer acts of the French nation, it was not very possible to attribute to ' theris either Tony or blindness... It had made to, the world a declaration of trlockede, accoulpanied with violent invectives against this couptry, and with the me nace of confiscation against offendims neutrals. This country anis:vexed the declaration by an effec tual blockaac. It was unaccemary, to make any me nace of confiscation, or communicate any decla ration to that effect, as neutrals must know that the law of nations had prescribed confiscation of the violators as consecutive of the blockade. -The intention of France, in the issuing of that Deccee of Blockade, was to give to itself the fill hit power, at the same time that it cautiously made use of the most ambiguras terms, in order to re serve to itselfthe opportunity of modifying it, when ever, from circumstances, it apprehended a gene ral spirit of resistance. The surprise was, how America, or any other Government, could yield to such explanation and evasions. In arguing such cases, there were some persons alto were in the ha bit of making oat better reasons for the adoption of a measure or a line of conduct, than it was in the contemplation tsf the Agents themselves to have advanced. it was strong iu his memory, that in the beginning of the French revolution there were in that House persons who daily found out some new reason and justi fi able motive for all the great performers in that memorable event. Thus, al though charged by the Ainslie= Governaueut with interpolations in one maritime law, and with having by these charges created and produced the hostility of France against the rights of Neutrality, yet, with all these insinuations and charges, trot a men tion was made of this relaxation by France towards America, or of any such pledge being_either given by the one elovernment, or confided inliy the other. On the coutrary, it has been totally passed by, as if it was not worth the notice of the Government of America. It has l.cei 'HIM that the late Ord-rs have far exeeeded the ineasure adopted by the late Administration. The House cannot so soon forget the answer given by the then Ministers, to the Ow ge of ineffirscv then alleged against that partial Order of BloCkade. The reply was, that it Was a measure 'of esperiatent, not at all limited, but dependent for its extension on the conduct which France should iiiirsue, or the lengths to which she should attempt to run. What was Wso the langua,:m then held tb America? that it was not the intention of this country to con fine itself within any specific limit, but to reserve to itself the fall power of proportimiog her reta liatory measures to the spirit and practice of the esetny. There was another gtound of objection urg rather, in his opinion, inadvertently, by the Noble Lord, when he arraigned 11finisters for not • appealing to Parliament for a permission to commit what he considered a direct broach of the Law of Notions. In every history he had read, or politi cal disquisition, he never before heard of such an interference attached to Parliament. It went to say, that having granted to the Crown the sole and exclusive prerogative of condwoiag war, the Ilouse of Commons shall assume the means of not per autsia4 As Majesty eis eradocc e a os ess sess.t r . Such an extraordinary interference was out of the nature and competency of .Paellensent. Consider ing how unsystematic legislation was in its earlier periods, and may, in Nat degree, yet be cousi dered, it would be difficult for say person to state, that there might not be found clauses in acts of Parliament, which the prerogative might trench upon ; bat equally esetain it Wes, that repeated instances might be found in acts, which really trenched on the prerogative of the Crown. The true merits of the case stood thus--France had issued an interdict against Neutral Commerce, under certain restrictions. Neutrals, by their ac quiescence in the exactions of that Decree, have become auxiliaries to the Belligerent, whom they bare obeyed sad assisted. Having done so, they have no claim arising from that condition,the in terests of which they were incompetent to defend. Some persons have entertained a very strange opi nion that a Government could not execute a strong act, without subjecting itself to the violation of moral justice, and to the breach of the sanctioned laws of rations. It would be a solecism in policy to regulate a system of proceeding by a certain rule, when the proceeding itself was out of the same influence and bearing of that rule. It will ' he granted, that under no circumstances would ' it have been Lawful for Great Britain to have ori ginated this expedient of blockade ; but France having once acted upon her interdict against Neu trals, the Belligerent injured by that conduct has a right to follow and sante the means of retaliation. It was not from any motives of resentment or an ger that civilized nations commenced hostilities. It was to force the enemy by sufferings and pries hops to adopt the mode of obtainiag peace. What would poeteety think of a nation, that, deserting the means of oaf-preservation, should so conduct herself towards her enemy, that in war he telt no pressure, sal in peace no care for its continuance. It would certainly occur to the intelligence of re fleeting 'minds to Inquire—Had she no means to defeat the machinations of her enemy? Was she not calculated to force hint to estimate the va lue of peace, by feelig the severities of war? Oh, yes, she possessed all and every energy, hut she fell the victim to a law which or dered her to respect, at the risk of subjugation, the carryiartaide of America and the neutrality of Denmark. It was impossible to think, that a set of mel, containing all the information, genius, and sagacity of the empire, shou:d lead themselves to the progress of such an error, and particularly to the consequence, that though law for theta, it was lawful for no one else. Mr. WINDHAM declared, that he came into the House on this occasion, anxious to receive in formation from those better able to discuss the jus tice, legality, and policy of those Orders, than he could profess to do. however. he must admit, although unwillingly, in these days, when the in fluence of authority was so weak, that be was much disappointed in finding the Hon. and Learned Gee tleman, instead of illuminating the House with those maxims of science, and principles of juris prudence, which he was so competent to pour filen the stores of his great mind, instead of eupportine, with his cultivated bleak the necessity and ad- vantage of those great principles of public justice, with which; front learning and iritnatiooi no man ..id Qed etnild be su to be co:wee-Ault; how el se could a 'bnidiaappointed, in 'Oleg such a cha roc ter y end. iiiirelrelf to all the nate* edi fices orilie.Govii*oont zt wbaseD conduct he has en deavoured teauppart ? . Wisp esiald Dave expected to find web. a aerie' tee Ariake:Ale . gesit Estee jf battle, not by a defence of his own opiniens, but by a pert anti pun*. attack *vial( his adversaries' 'ln his first and last position,. liele..l cendescended to use the argwnientom ad Aninistr--e chain of Lmessesing little siiit either to. the character er - tto the Jenne of gratitude'-of the, Learried Getitlfiman, ' and certainly Dot lit all corresponding with the generous, unreserved, and able statement of my Learned Friend (Dr: Lawrence}. However strong my feeling for a legitiMate party came, let not the question be discussed upon the merits or demerits of any set of men. Are Ministers fond of this wade of recrimination, only because they think themselves better protected in the pursuit of' any object, under the shield of our characters than their own ? If the late Administration have acted wrong, bring them before this House and the country, in the true mode of the constitution, upon the responsibility of their official situations. But let not Ministers idly hope, that the country will think them right because they endeavour to make us criminal. What has the nation to do with the charges of either ? One would suppose, that such men reasoned upon the position, that the re verse of wrong was certain to be right ; or, that if 4 nas committed a murder on this day, he ought not to be tried, because B had escaped from pu nishment when under a charge for murder com mitted six months ago. It was wonderful to find Ministers not vet ashamed of such shabby practices, and underhand expedients. It was not fur him to follow, much less to imitate, that vexations system of opposition which they lied exemplified before their transfer to office; when, having no business of their own to perform, either here or elsewhere. they formed themselves into a groupe to goad the Government by their little efforts of acrimony and invective. With !ranch greater alarm he listened to the air of plausibility with which the Learned Gentleman who precedt:d him had declared himself i convert to the new mora lity. He was alarmed to hear from such an au thority the little value attached to the sanctioned Laws of Nations, when there was an interest in vio lating- them ; when the very force, aod object, and intention of that code, was to conteoul nations from pursuing their own interests and advantage, at the expense. of the peace, se curity, and happiness of the civilized world.— Such a lax consirticrion affixed to them a condi tion similar to the Highgate obligation, that was to he kept only till the:e was some .adventage.to en sue front it. violatiori. He was certainly led to expect more precise information ftom the'l.,earried Gentlemen on thisquestion of retaliation,. question rather of an extensive kind. Would he, if he saw a blind man pull our the eves of another-man, not blind, follow rep his priatiple, by 'having the eyes of the former also pulled out ? Or if France violated the neutral rights of thuuburgh, in a trifling degree, is this eonntrc, for that rm . a , _ _ —...-............-........r-eao•erswlN, seei. rights of all other neutrals, and a the hrogak cements of the social state? There were cusses where the conduct of an enemy would demand an exertion of means which it would be unjust to be the first to originate. Thus, if an enemy should. destroy the prisoners taken in war, and refuse to give quarter, upon every principle of justice and duty, the adversary would be bound to retaliate, so far as the enemy was concerned ; not ally to fight with the same weapons, but also to turn them against himself. But it has been argued, that postponement is unnecessary, because the difficulties are irremoveable. One should sup pose that the existence of those difficulties was the best reason for delibemtiop. Should not Bare be taken to prevent improper haste, Or at least to ascertain the determination of Ame rica with respect to the declared blockade by the French Government? It was too much to say, that America ought to vindicate herself from the pe nalty of a rule by which she was not affected ; or that she shall suffer, before there existed u proof of her having commit ted any violation. Not "only was the Continent to be starved, but the abi lity of this country was sufficient to prosper, even in defiance of the edicts of Bonaparte.— Now, if there can be no impression made on out commerce by this new system, no injury can ac crue; and if there be no injury, what will become of the ground of self-preservation, which even the Learned Gentleman asserts to be only suffi cient to supersede the Law of Nations ? Truly, the sum and substance of his arguments are, in deed it is hinted in the preamble of some of those Orders, that this country is tired of virtue— that we are to take leave of all our old habits of good faith and littoral character, and entet the course with Bonaparte in his career. of oppression. " I am satisfied, so, that we can but imitate him in the powers of his mind and the energies of his t-ici vernment, in the promptitude of his measures and the magnitude of his resources, as well as in his contempt of justice, his outrages upon unpro tected states, and plunder of defenceless nations." Sir ARTHUR PIGOTT- 4, What the Hon. Gentleman (Mr. Perceval) said ab out the Order of 1807, went more to say that Order was wrong, than to convince the House of the propriety of it. They might in a short space of time regret not taking the advice of his Hon. and Learned Friend, to delay the consideration of the Orders ; they would, in a short time, even in the space of a month, repent hurrying them through the House. He would venture to say, there was not a man bold enough to say . he understood them. He was not, at that tune of night, going to enter into a detail. The only neutral that remained, was America, and the only trade she could carry on was to be subjected to this Orders of Connell of this country. Did the law of nations, did the law of justice, support this? He would say not. This pretended blockade did sot belong to the Law of Nations, nor can it any way countenance it. It is said, it was justified by the Order of the late Administra tion of 1807. If there was any thing wrong is that Order, it was His Majesty's prerogative to have ordered it to be corrected. It was only in force for two months during the late Administration, and dining that time there ems a from Denmark, to which Lord Book mg:dentition; fiat it tonis nit inteisdad direct trade between the Neutrals an her Allies, but that the Order went s mar neutrals 'from carrying on trade of Femme and her Allies.. infinite surprise he heard the Or compared With ivhst has been since present Order was not jut:tilted by Nations ; the Law el Natioas only p trabend articles. by a neutral. fee the port of the enemy. If France u to the prejudice of this country. We liate it cal s Neutrals. bid" by the head of her Government, tell was satisfied with the Decree of French Government had declared th tend to put it in force aping Am , did she. We desire America to say t must do away with your Decrees SI it; then you say, you must not go ports but those of •England; and if] our cruisers will (wiry you into ou you must unload your cargo, and take it on board again, until you crifices as the Order of Connell thi demand. He did contend that the, existing that made it justifiable. 1 tlemen, on the opposite side of did not pretend to say they tu Orders themselves, and surely take the advice of his Hoi Learned Friend, and take a little mo Bider them, before they gave thee that House." .31;:ili - EN followed on the sai The question was then put for the ing the Chair and the House to rel a Committee. It was carried in the The House accordingly resolve WHARTON in the Chair, and after tion between Mr. TIERNEY an CELLOR of the EXCHEQUER. T rt he repoed progress, nd asked Imre Howie a4iattese a il, at TW THIS MORNING, toe Mae* THE BRITISH LONDON, SATURDAY, FralltlA Upon reference to the Debate, L House of Cori:mem, ,unn 'the On .respecting America, it will be f CRANCE . LLOR of the EXCEIEQUSJ tertain any serious apprehensions that country. .o.mmiNM•mi . We have had taw occasion to fraud, and impositions practised by some of the Treasury Journals poisoned vehicles of misrepresents reviitecttb a favourite topic, thong] and answered repeatedly in the (I manner. It says, ‘4 the late Mini of their moony, increased the Krwa's sons 60001. a year, and dill they said not a• new tax could b irony _ of this sneer is just as stupid It is well kiervb that the Kt Ne's of the Kiss's kitchen, from whirl supplied at pleasure; and that th to their income by the late N lieu of this privilege, which 1 away. The Krno's sons know, not gained by the exchange, a been a considerable saving to th Treasury Journals, however, bay state the case plainly, but, sacrific character to party, they uniform six thousand pounds a-year, as a 1 to every means which the Rol viously possessed. The same Pi us, that our resources are equi cattle& of our situation ; but we to them by ktubtatcling these reso4 words, we must practise cconom racy of this advice is almost vim of these Nenters. The cheTre in of the RING'S Socs, which In economy, they would represent and they saw ridiculed the late 11 squandering all the wealth of th sidising the Continental Powers now call upon the country " to Ais as the only nieces by whicii it es difficulties of its situation t !! " • Dispatches have been received from Admiral DACRES, date 3 her, on hoard the Vetere* • of Royal, Jamaica. They announ the Spanish privateer brig, I) gnus, and ninety-p: men, Cap the Savage brig, of 19 gnus, C the particulars of which will app of thi; night. The Savage ar on the Nth, with her prize. her ou the 30th of Noreen r im, and heisted America which the Spaniard immedii and when within two miles dig for the purpose of boarding the her a merchantman. The peel diseovering their error, return .0 • /'