Portland gazette and Maine advertiser., 1808-12-05


by Great Britain form the nleafures OF Der enemies,
70 far as the operation of thoe mealures through the
United States can render them IN any enie repOntbe-
"A mere declaration by belligerenf, without inten-
ton or the TO carry II into effect, again the
rights and obligations of neutral nation, and thence
aganG the nterets of another beigerent,could afford
no pretext the latter retaiae at the exPence or
the neutral The declaration might give luit offence
20 the neutral but il would belong him alone 10 de-
eide on the courle prelcrbed by the repea he owed
to hmleE No real damage having accrued 70 the
belligerent no indemnify could accrue.
For the fame reafon declaration OF belhgerent,
which he is known 10 be either not in a fituation,
not to intend, to carry but partially into execution
gain neutral, the injury Of another belligerent,
could never give more than right tea commenlurate
redreiS againt the neutral. All reERming unexecut-
ed and evidently not TO be execueBs merely oteni-
BILE, working injury to any, ueis II be in the diff
repe TO the neutral, to whom alone belongs
fent or difregard Ito
Bring the cafe before us TO this plain and equitable
teh. The French decree of November, SEQ, UNDER
took to declare the Birth files in fate Of blockade
to be enforced ifyou pleaie, agant the neutral
merce of the United States on the high ieas, according
to the faculty podefed for the purPoie As far as ii
was actually enforced or an effect refuted from an
apprehension that it could and would be enforced, il
was an injury to Great Britain for whichetitbe uppo
fed the United States were aEfwerable. On the other
hand as far as il was not enforced and evidently either
would not or could not be enforced, no injury
perienced by c. Britain and remedy could he againt
the United States. Now, fir, it was pretended
that at the date of the hr Bitih order Gued in JAM
uary 1907, any injury had accrued to, appre-
hended by Great Britain from an execution OF the
French decree againft the commerce of the United
States, on the theatre of their neutral rights. So far
from it that the order tands felt condemned as a mea
fure Of retaliation, by expressly Eating thar the fleets
of France and her allies, inead of being able TO
force the blockade Of the Brh ics were themfelvcs
confined their ports by the entire fuperorty Of
the Brnl navy converting thus, by the tranget OF
reafoning the fecurity Of @. Britain againf injury
from the French decree, into title 10 commit injury
on a neutral party. In the November orders ALTO,
while it is admitted that the French decree could
but be ulperfeey executed for Of means, it is
aerted that tire intention OF the French decree, and
not the injury accruing from its operation through the
commerce Of the United States, the icaie by which
the realiating injury againf them is TO be neafured
Such are the pretexts and fuch the principles on
which one great branch Of the lawful commerce of this
country became victim to the fra Britih order, and
On which the laft orders now weeping from the
ocean all its moR valuable remains.
Agana fuch an unprecedented iyltem OF warfare
neutral rights and national independence, the
Judgment and common feelings Of mankind muf for
ever protect.
touch, fir, with reluctance the quefou which
Of the belligerent hdes the invaion Of neutral rights
had its origin. AS the u States do not acquefce il
thefe invaons by either there could be no plea for III
volving them in the controversy But the Britih
orders have made the decree of France, declaring,
trary to the law of nations, the BrH lands in fate
Of blockade, the immediate Foundation OF their de-
lru6fve warfare on our commerce, belongs 10 the
fubie6t to remind your government OF the illegal inter-
ruptons and fpoliaons luered, previous to that de-
cree by the neutral commerce OF the United States
der the proceedings Of Bra cruzers AM courts, ana
for the mott part in conequepce OF expreS orders Of
the government tielf. Omirirg proof OF inferior
note, refer to the extenive aggreonS on the trade
of the United States founded on the plea ofbockades,
never legally etabihed according 70 recognized def
ntions to the fill more extenive violations OF our
commerce with ports Of her enemies, not pretended
Be in Gate Of blockade 3; to the Brtifh order Of
council iFue near the commencenent Of the exiting
war; This order, beldes its
the eeablihed law of nations, Is dlltinguilbed by
fpeeial ingredient violating that law recognized BY