Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1808-11-16
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From the Secretary Of aate to Mr. Erskiae. \
TCoNcLUDED.1
Department Of State, Z
MArch Is, 1903.


the British orders, it is perfectly clear that
it could not justify them in the extent given
to their operation, if the facts, enormously
assumed, could have been fully sustained.
Retaliation is specific or equivalent re-
turn of injury for injury received and
where it is to operate through the interests
ola third party having no voluntary partici-
patton IN the injury received, the return
ought, as already observed, to be inflicted
with the most forbearing hand.
This is the language of common sense
and the clearest equity. As the right to
retaliate results merely from the wrong suf-
fered, it cannot in the nature of things ex-
tend beyond the extent Of the suffering
There naey often be difficulty in APPLYING
this rule with exactness, and reasonable.
latitude may be allowable on that eonsidera-
ton. But manifest and extravagant de-
part,lre from the rule can find no apology.
What then is the extent of the injury ex-
pericnced by 6. Britain from the measures
Of her enemies SO far as the operation Of
! those measures through the United States
can render them in any sense response
ehle?
a mere declaration by beliigerent, with
out the intention or the means to carry it IN.
TO effect, against the rights and obligations
of neutral nation, and thence against the
Interests Of anotherb elligerept, could afford
s no pretext to the latter to retaliate at the ex-
pence of the neutral. TIE declaration might
give Just offence to the neutral, but it would
belong to him alone to decide on the course
prescribed BY the respect he owed to him
self. No real damage having accrued TO
the belligerent, no indemnity could accrue.
For the same reason, a declaration of
belIigerent which he is known to be either
not in situation. or not to intend, to carry
but partially into execution against neutral,
to the injury of another belligerent, could
never give moreSthan right to commensu-
rate redress against the neutral, AL re-
manning untxecuted and evidently not to be
executed, is merely cstensible, working no
injury to any, unless it be In the disrespect
I'd the neutral, to VIXEN alone it belongs to
resent or disregard it,.
Bring The case before us to this plain and
equitable test. The French decree of No
vernber, 1906, undertook 10 declare the
British ISLES in a state of Blockade, to be en-
forced ifyou please against the neutral com
mrrce ofthe u. States on the high seas, ac-
.eordinp to the faculty possessed for the pur-
pose. AS far as it was actually enforced, or
an effect resulted from an apprehension that
it could and would be enforced, it was an
injury to Great Britain, for which let it be
supposed the u. States were answera5le.-
On the other hand, as far as it was not en-
forced, and evidently either would not or
could not be enforced, no injury was expe-
rienced by G. Britain, and no remedy could
lie against the u. States. Now, Sir, tine
yer was pretended that at the date of the
first British order issued in January, 1907,
anysiniury had accrued to, or was apprr-
hended from G.. Britain by an execution Of
tie French decree against the commerce of
the u. States, on the theatre Of their neu-
traI rights. So far from it, that the order
stands self condemned as measure of reta-
liation, by expressly stating that the fleets
of France and her allies, instead of being.
able to enforce the blockade OF the British
isles, were themselves confined to their own
ports by the entire superiority of the Bri-
fish navy: converting thus, by the strang-
est of rcasonings, the security of 6. Britain
against injury from the French decree, into
attic to commit injury on neutral party.
In the November orders also, whilst it is
atfinitted that the French decree could not
be but imperfectly executed for want Of
means, It is asserted that the intention of the
Erensh decree, andnot the injury accruing
ftopa. ITS operation through the commerce of