The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-12-02
of the orslet ofhis srisannio s.aieat,, eo,rnuni.

of the order oehis Briisann;o majesty, co,rnuni
Gated BY your letter OF the .2;h nss. which was
answered by mine of The 20;h, induces me TO re,
slime that important subject.
From the difficulty Of supposing that the order
can nave for its basis, either legal blockade I'm
possible to be extended to all the ports described
in the order, or supposed illegalty ofthe trade
between those ports, an iilegality which has ne
yer been applied by the British government or its
admiralty courts to an accustomed trade even be
tween ports of the same balligerent nation, and
IS utterly at variance with the conduct of both
IN reference to a trade between \ bclligerent
uon and its allies, necessity seems 60 result OF
'Scribing the orders to the policy of countervail
ing, through the commerce of neutrals, the
French decree of the 2lst Nov. last.
In this view of the order, it demands, on the
part of the u States, the most serious attention,
both to its principle and to its operation.
With respectto its principle, it will not be con-
tested, that retaliation by one nation On its enc
my, which is 10 operate through the interest OF 4
nation, not enemy, essentially requires not on
ly that the injury inflicted should be limited by
the measure cfinjury sustained, but that every
retaliating step, iii such case, should be prece-
ted by an unreasonable failure Of the neutral
party, III some mode or other, to put an end to
the inequality wrongfuily produced.
Were 1T certain, therefore, that the French de-
cree is to be enforced in the sense in which is
taSen and that, in violation of the treaty between
france and the United States, the commerce of
The Latter will not be exempted, the British order,
beng percmptory in its import and immediate in
ITS execution, might Justly be regarded by the U.
states, as proceeding equally premature 8, un-
friendly.
But, IN the uncertainty as to the real meaning
OF t,iat decree; and whilst presumption offered
itself that the decree, if avowed and executed in
an unlawful extent, might not embrace the com
merce OF the United States, they bound by
Justice to their interests, as well as by respect
'or tleir rights, TO consitirr inc nrt,is;, vtue,
as ground Tor serious complaint and remon-
STRANGE.
Should it prove that the decree had not the
| meaning ascribed to it, and particularly should
the respect of France for her treaties with the
United States, except their trade from the ope-
ration OF the decree, the order of the British go
tvernment will stand exposed to still severer com
ments. 1t will take the character of am original
/ aggression, will furnish TO the French govern
ment like ground with that assumed by itself
Tor retaiiatiRg measures, and will derive n very
untavorable feature from the consideration, that
1t was apalpable intracton of treaty Just sign
ed on the part OF the British government, and eX-
pected at the date of the ORDER to be speedily ia
| tined on the part of the United States.
| The necessity Of presenting the subject in its
true light is strengthened by the operation which
the British order will have Il vast proportion
| OF the entire commerce of the United States -
Not to dwell on the carrying branch of the com
merce between the ports and countries of Europe,
aud which the Immunity given 10 our flag, in
| consequence of treaties with the enemies of C.
Britain, to British property, and not enjoyed by
| the property of her enemies, has hitherto been
advantageous TO Great Britain and without en-
curing into the effect of application of the in
tcidict to the other quarters of the globe all of
which are evidently within the comprehensive
terms of the order, it cannot be overlooked that
tie character and course OF nearly the whole of
the American commerce, with the ports of Eu.
rope, other than of Great Britain Will fall under
the destructive operation OF the order 1t is well
known that the cargoes exported from the Uni
ted States, frequently require that they be dispo-
sed OF, partly at one market, and partly at ano-
Their. The return cargoes are still more frequent
ly collected at different ports, & not unfrequent-
ly, at ports different from those receiving the out
ward cargoes. In this circuitous voyage, gene
rally consisting of several links, the interest of
the undertakers materially requires, also, either
trade or a freightage between the ports visited
in the circuit. Torestrain the vessels of the u
nited States, therefore, from this legitimate and
customary mode of trading with the continent of
Europe, as is contemplated by the orders, and to
compel them, on one hand, to dispose otthe whole
OF their cargoes at port which may want but a
part, and on the other hand, to seek the whole of
their returns at the same port which may furnish
but a part, or perhaps no part, of the articles
wanted, would be proceeding ruinous 70 our
commerce as contrary to essential rights.
These observations, which made i'll confor-
nifty with the sentiments of the President, can
not fail, sir, to have the weight, with an enlight
ened and friendly government, to which they are
entitled and the President persuades himself,
that the good effect Of the truths which they dis
close, will be seen in such measures rs will re-
move all ground for dissatisfaction, and demon
strate on that side, the sincere disposition to
cultivate harmony and beneficial intercourse, as
is felt and evinced by the United States and their
government.
have the honor to be, &c.
(Signed) JAMES MADISON.
The hon. DAVID M. ERsKINE,l
&c. &c. &c.
There follows Mr.. Madison's letterto Mr. E. of