Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-11-22
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DOCUMENTS
Accompanying the Presidents Message Of
: the Sth November, 1908.
Continued.
From the Secretary of Stare 10 Mr.. Frs
kline.
Department Of STATE,
March 25, 1908.
This is the language of common sense and
the clcarest equity. As the right to retail
ate results merely from the wrong suffer-
ed, il cannot in the nature of things extend
beyond the extent of the suffering. 'Fhere
may Often be difficulty in applying this rule
with ex,ctness, and a reasonable latitude
may I've allowable on that consideration. But
manifest and extravagant departure from
the rale can find no apology.
What then IL the extent of the injury ex-
perielcei by q. Britain from the measures
of her enemies SO far as the operation OF
those measures throughout the u. s. can
render them IN any sense responsible
A mere declaration by abeiligerent, with
out the intention or the means To carry il
into effect, against the rights and obligati..
ons of neutral nation, and thence against
the interests of another belligerent, could
affordsho pretexr TO the latter TO retalate
at the expense of the neutral. The decla-
ration might give just offence TO the neutral,
but it would belong TO him alone to decide
on the course prescribed by the respect he
owed. to himselG. No real damage having
accrued to the belligercnt, no indemnity
could accrue.
For the same reason, n declaration OF
belligerent, which he is known to be either
not in a situation or not TO intend, to carry
bat partially into execution against neu.
trail, 10 the injury of another bellgerent,
could never give more than a right TO
commensurate redress against the neutral.
All remaining uneXecuted and evidently not
20 be exscuied, is merely ostensible, work
ing no injury to- any, unless it be in the dls :
respect-to the neutral, to whom alone il be-
longs to resent OF disregard il.
Being theclse before Us to this plain and
equitable test. The French decree Of No..
vember, 1906, undertook to declare the Bri
tlsh isfaDds i1siF state of blockade to be en-
: forccd, gisSy0u please, against the neutral
camusefce of the u. 5 on the high seas, &C
-'eording to the faculty possessed for the pur
pose. As far as it WAS actul ally enforced,
or an effect resulted from an apprehension
that it could and would DC enforced, it was
an injury 10 G.. Britain, for which let it be
supposed the ". 3. were answerable. On
the other hand, as far as it was not eufor-
ced, and evidently either would not or could
not be enforced, no injury was experienced
by G.. Britain and no remedy could lie "a
gainst the ". S. Now, sir, il never was
pretended that at the date of the first Bri
fish order issued in January, 1907, any in
jury had accrued to, or WAS apprehended
by Great Britain from an execution of the
French decree against the commerce. of the
~. S. on the theatre of their neutral rights.
So far from it that the order stands self con
demned as measure of retaliation, by ex-
pressiy stating that the fleets OF France and
her allies, instead Of being able to enforce
the blockade ofthe British isles, were them
selves confined TO their own ports by the
entire superiority of the British navy con.
verting thus, by the strangest OF reasonings
the security Of G.. Britain against injury
from the French decree, into title TO com
nit injury on neutral party. In the No.
vember orders also. while IL is admitted
that the French decree could not but be i'm.
perfectly executed for want Of means, it i:
asserted that the intention of the Frenci
decree, aud not the injury accruing from ia
operation through the commerce Of the u
5. is the scale by which the retaliating IN.
jury against them is to be measured.
Such arc the pretexts and such the prin
ociples on which one great branch Of the law
ful commerce of this country became awe.
tim To the first British order, and on which
thc last orders are now sweeping from the
ocean all its most valuable remains.
Against such an Unprecedented system o
warfare on neutral rights and national in
dependence, the common Judgment ant
coumon feelings of mankind must forever
protest.
touch, SIR, with reluctance the question
on which Of tie belligerent sides the invasi
OH Of neutral rights had its origin. Astht
u. 5. do not acQuiesce in these nvasions b,
either, there coad be no plea for involvinI
them in the controversy. But as the Brit
ISL orders have made the decree Of France
declaring, contrary to the law of nations
the British islands IN a state of blockade
the immediate foundation of their destruc
tive warfare on our commerce, 1t belongs 4
the subject TO remind your government q
the Illegal interruptions and spoliations suf
fered, previous TO that decree, by the neu
trail commerce of the ". $. under tho pro
ceedings Of British cruizers and courts, AN,
ior the most part in consequence Of expires
orders Of the government itself Omittm,
proof of inferior note, refer 20 the eS en-
sive aggressions Oh the trade OF the ". s
founded on the plea Of blockadcs. never L.
g4lly established according TO recognize,
Attentions 10 the Still more extensive VIC
lsiions of our commerce with ports OF he