The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-09-27
JAMES MADISON.
To the Hon
David Ersllne, &c. sc.
DeIiarlmant IF Stare, 29th
4}Iarch, 1897.
loigncd)

DIR,
Further rejection on the tenor and ten
dehcy OF the order OF his Britannia majesty,
communicated by your letter &c cne ION inst.
which was answered by rniae of the 2Oth,
induces me to resume that important sub
jeat.
From the difficulty Of surprising that the
order can have for it's basis either a legal
blockade, impossible to be extended to All
the ports described in tho order. ora su1ro-
sed IlleSality OF che trade between those
ports, an illegally which has never been
applied by the British ga4crurneut or its I'D J..
mliaity courts, to an accustomed trade even
between ports Ola beilgcrcjs nation, and is
utterly at variance wilh the conduct of both
IN reference to d trade between a bellige-
rent nation and its ailics q necessity seems
to result OF ascribng the order to the pal cv
OF countervailjng through the commerce Of
neutrais, the French decree Of the DIST CT
November last.
In this view of the order, It demands. On
the part Of the intel $5ucs, the mos5 ser;-
GUS attention both to his principle and to its
operation
With respect to It's principle, it will no.
be contested that q retaliation by orc natl
Oh on Its enemy, which is to operate through
the interest of a nation not its enemy.
essentially requires. not only that the iniu-
~ inflicted should be limited by the nea-
sure OF injury sustained, but that every re-
taliating step in such q case should be pre-
coded by an unreasonable failure Of the ner-
trail party, in some uode on other to out an
end 10 inequality v1ongfuliy produced
~ ere it Certain. therefore, tilat the French
deCrce is to be enforced in the sense j.,
which It l. taken, and shat, in violation of
the treaty Actvccu France and the United
states, the commerce Of the lat.er will uof
be exempted, the British order bcin,-
peremptciy in its import and immediate il,
its execution, might justly be regarded bv
the United States as Il proceeding cuually
premature and unfricndy.
Bat IN the uncertainty rs TO the real
meaning Of that decree, and whilst pro
sumption offered itself, that the decree ~
aroVed auc executed in an unlawful extent
might not embrace tine commerce Of the L.
ni'ed States, they are bound by justice TO
their interests, as we'll as Nv respect for their
rights, to consider the British order as a
ground tor serious complaint and rcnon-
STRANGE Should it prove that tic decree
had not the meaning asCrijcd to- il, and par
tcuayy, should thc respect Of France for
her treaties With the lU,,cJ State, cn-
cept their trade fro,n the operation or the
decree, the order ct ts, 3ri.is' government
viii stand exposed t. a,iil severcrconmcpss
Il will take the character OF an ORIGINAL ag-
gression, viii furnish TO the French govern
mert n like ground with that assumed b., it.
sell, for rctaiiatIng measures. and will de-
rive very unfaToraJic feature from the
consideration that it was . palpablc iBfyac-
zion Of q treaty first signed OIL the part oc
the British government, and expected. az
Che date Of tue order to &c epccGiy ratified
on the part OF the u. Statcs.F
The ,r.gc.e,, r. .......-.. 49,