The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-11-29
mo. 81.

seas. gene even bevond the tenor Of t,,,s;Y,
own extraordinary edicts.
! Inc aieSation OF an accncscence I'm the
| Berlin decree of November 1906. by which
alone the British government prctenSs 20
lns'iiy the orders OF council, is equally ur-
| io"hdea. In the note on that subject, adj.
dressed on the 3ist December 1906, by the
| BRITISH government to the American minis.
'ers. after having stated that thew c6ulJ
not believe that the eneuy would never
seriously attempt to enforce 3Ich q svstem."
.he following declaration is expressly made.
H. howefer, the enemy should carry
the:e threats into execution, and if neutral
nations, contrary tn all expectation, should
acquiesce in such usurpations, his majesty
mnSht probably be compelled, however re-
suctantly, to retaliate in his just defence,
exc. Inc two. requisites necessary i'm tho
opinion OF Great Britain to Justify retaliati-
ON, are stated to Ire, the execution of the
decree, and the aceu;escence of neutral ma
uons. Yet, within eight days after, and in
!he faee OF that declaration, without wait
ing TOR ascertajning either OF those facts. the
retallating British order of January 9TH, 1907
was issued, which, contrary to the acknow.
lodged law or nations, subjected to capture.
vessels ut the -1:.ca ; .,. ,;,,.
ports OF one beliigerent to port of another.
belligerent.
without delay, had taken the necessary stems
to ascertain the manner in which the French
government intended to execute their de-
cree.
mat decree might be construed mcrelv
as municipal law forbidding the INTRODUCE
ZION OF British merchandise, and the admis-
sion OF vessels coming from England I'm
der that aspect, and if Confined to that OBJ,
Ject, the neutral rights of America were NOT
ahected by its operation.
"A belligerent may without any infr3ction
or neutral rights forbid the admission into
ms ports of any ves:el coming from the norts
or ms enemy. And France had undosbted-
~ the same right to exclude from her do
mlnions every species of British merchau
uze,s which the United States have cxerci.
sed IN forbiddng the importation of certain
species. Great Britain might be Injured bv
such regulations but America had no moro
right to complain of that part of the decree.
than France had to object to the American
hon-importation act. So far1indeed as reg
poets the United States, they were placed
ny the municipal part of the decree in the,
same situation, in relation to France. in
winch they are placed in their intercourse
win Great Britain by the permaneat law.
OF that Country. The French decree forb;ds
American vessels to import British mercha-
thZe INTO France. The British navigation
act torbids American vessels to import,
French merchandise into England But
that broad clause of the Berlin decree which
declared the British islands in a state of
blockade, though not followed By regulations
to that effect, still threatened an intended
operation on the high seas This, if car
RED into effect, would be fragrant viola
tlon OF the neutral rights of the United
States, and as such they would be bound
to oppose it. The minister of the United
states st Paris Immediately applied for ex
PLANTATION on that subject; and the French
minister of marine, on the 24th December
1906, seven days before the date of the a
Dove mentioned note of the British govern
ment, stated in answer, that the decree
made no alteration in the regulations then
observed in France with regard to neutral
navigation, or to the commercial convention
OF the United States with France; That
the declaration of the British islands beinp
In state OF blockade did not change thf.
existing French laws concerning maritime
captures, and that American vessels could
not be taken at sea for the mere reason of
their being going to, or returning from an
English port.
The execution of the decree comported
Ter several months with those explanations
several vessels were arrested for having in
ttoduced articles of English growth or man
ing actually from England, and laden with
English colonial produce, had entered with
forged papers, as ifcoming from the United
States But no alteration of the first CON
struction given by the French governments
took place until the month of September.
1907. The first condemnation on the prip
ciple that the decree subjected neutral ves
sells to capture on the high seas, was that of
the Horizon on the 10th of October follow
ing Prior to that time there could have
been no acquiescence in a decree INFRINGING
the neutral rights of the United States be
cause till that time it was explained, and
whs. was'more important, executed in such n
manner as not to infringe those rights be.
bause until then no such ufraction had ia
ken place The ministers of the United
states at London, at the request of the Bri-
fish minister, communicated to him on the.
18th October, 1907, the substance Of the ex-
plantations received, and of the manner in.
which tile decree was executed. For thesy
were at that time ignorant of the changes
which had taken place.
1t was on the 18Th of September, 1907.
that new Construction of the decree tool,
place; an instruction having on that dav
been transmitted to the council Of prizes bv
the minister of justice, by which that court
was Informed, that French armed vessels
were authorized, under that decree, to seize
without exception, in neutral vessels, either