Portland gazette and Maine advertiser., 1808-12-05
MONDAY, DECEMBER $, 1908.

the mnliter plenIPOtenuafy OF the u o al IdfiS tl
fonet Time in November AT the date therefore OF the
frlt order of Great Britain, injury whatever had
been done to her, through an aggreion on the COM
msrce of the United States. No prefumpnon even
had been fufciently authorized that the express flip
ulaonS in the treaty of France with the United States
would not exempt their commerce at eat from the
operation OF any edi6 incompatible with them. AT
the date OF the late or6rs OF Nov. II, II appears
that the only aggrefon which had then occurred, was
pretty certainly unknown the Britfh government,
and could therefore have had no ihare in producing
this alledged retaliation.
To this fact that the flip Horizon was the hrf that
occurred of an execution Of the French decree on the
high feas am able add that late as the goth OF
November, no other cafe had been brought into the
French court Of prizes. From accounts which have
lately appeared is than probable that unlawful
captures by French cruerS have fince taken place,
but il remains be known whether they TO be
ferred the concurrence OF the French government
In the Judgment pronounced IN the Gale OF the Horl-
zon; or not rather TO French decree of the 18TH
Dec. laf, projecting to be retaliation on the Briuh
orders of November II.
/ fate with equal confidence, that at time have
the United States acqueiced in violations OF their
neutral rights injurious Great Brtain any other
beigerent nation. So far were they IN particular,
from acquiefcing in the French Decree OF November
1906 that the moment il was known to their mniiter
at Paris he Gale for explanation of its meaning in
relation to the United States which favorable,
and uncontradieted by the actual operation OF the de-
cree: that he feadiy watched over the proceedings
under it, with readiness TO interpofe aganit any un-
lawful extenhon of them 10 the commerce OF the
United States that no time was loh after the decree
came to the knowledge of the government here, IN
giving him proper inftrpeions the ubjed; that he
was equally prompt on receiving the decion of the
court in the cafe of the Horizon in pretentng 10 the
- I,oH
can never be cenfured for defect of energy; and
that BY the hra opportunity after that decion reach
ed the prehdent the particular infru6tionS required
by it, were forwarded TO that minter, Nor IS il 10
be forgotten, that previous TO the Brih orders OF
November, it had been explicitly communicated 10
the Britiih government by the American mlniter at
London, that explanations uncontradicted by any
overt act had been given TO our miniter at Paris,
which utilities reliance, that the French decree would
not be put in force againf the United States, and that
communication was repeated to the Britifh govern
ment Immediately on the publications of thoe orders
What more could have been required on the part
Of the u States TO obvate retaliatng preten6onS OF
any fort on the part of Great Btain Retaiations
meafures Of rigor in all cafes. Where they op-
crate though third and involuntary party they will
never be hatiy feforted 10 by magnanmous or juh
power which will always allow to the third party,
It's right to dlcufs the merits OF the cafe, and will new
1elf 10 ENFORCE WITHOUT
ing Reasonable time for the ue of Reasonable means
for fubfituting another remedy. What would be the
tuaon Of neutral powers if the rt blow evelled thro
them by one beigerent againf another, was to leave
them no choice but between the retalatng vengeance
of the latter and an infant declaration of againf
the former Reafon revoltS aganf this the fole al
tentative. The United States could no more be bound
TO evade the Brth orders by an immediate war with
France than they bound to atone for the burning
of the French fp of war on the lore of Norhcatona
BY an immediate fefort agant Great Britain.
With refpea to the principle afurned by the Britifh
orders, is perfectly clear that it could not iuitiy
them in the extent given their operation if the fas
erroneouly ahumed, could have been fully fufained.
Retaliation is afpeeifc equivalent return of inu
ry for injury received--and where it is TO operate
through the nterefs of third party having yolun
tary participation in the injury received, the return
ought already obferved, 10 be inflicted with the mott
forbearing hand.
This is the language of common fenle and the clear
eft equity. AS the right 10 retaliate refuts merely
from the wrong uttered ii cannot in the nature OF