The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-11-12
Mr.. Foster to .jfr. Monroe.
Washington, July I6, 1911.


letters of the Sd aud 14th instant of the precise ex-
tent in which repeal OF the French DEGREES is by his
maJestys government made a condition OF the repeal
oi the British Orders, and particularly whether the
condition embraces the seizure of vessels ard mcr-
ohandize entering French ports in contravention OF
French regulations, well the capture on the high
seas, OF neutral vessels aud their cargOes, on the
mere allegation that they bound to or from Bri
,sh ports, or that they have on board British pro-
dcuons OF manufacturers also stating that in your
view OF the French DEGREES, they comprise REGULATE
ons essentially different in their principles, some of
them violating the neutfalrights of the United States
others operating against Great Britain without any
such violation.
You will permit me- sir for the purpose of answer
ing your questions clearly aud conciseiy posi-
bic, TO bingi into view the French DEGREES themselves
together with the official declarations OF the French
minister which accompanied them.
In the body of those DEGREES, and i'm the dccai1ti-
ons alluded to, you will find, sir, express avowals,
that the principles which they founded, anu
the provisions contained in them wholly new, un-
precedented and in direct contradiction to ali IDEAS
OF justice and the principles and usages of all ciyz
cd nations.
The French government did not pretend to saw
that any of the regulations in those de-
erees, was a regulation which France had ever been
m the previous practice of.
They consequently to be considered and
we're, indeed, allowed by France herself to be- all of
them, parts of system of warfare, unauthorized
by the established laws of nations.
1t is in this light in which France herself has plac-
ed her decrees that Great Britain is obliged to con-
older them.
The submission of neutrals to any regulations made
ny France, authorised by the laws of nations and
Prachsed IL former wars, wilne be complained
Of by Great Britain but the regulations of the Ber-
I'm and Milan DEGREES do, and declared to violate
the laws of nations and the rights of neutas for the
purpose OF attacking through them the of
Great Britain. The ruler OF France has drawn no
distncron between any OF them, nor has he declared
She cessation of any of them i'm the speech hich
ne so lately addressed the deputaon from the free
nmper. Hanse-towns, which was, the contrary
q confirmation of them all.
NOT until the French DEGREES, therefore, shall be
s1ectlaiiy repealed, and thereby neutral commerce
De restored to the situation in which it stood, prev
otsiy to their PRONUNCIATION, his royal highne
conceive himself justified, consistently with what he
owes to the safety and honor of Great Britain in
foregoing the just measures of retaliation which his
majesty In his defence, necessitated to adopt a.
ganst them.
trust, sir that this explanation, answer to your
enquiries, will be considered by yuu sufficiently sa-
ti,faetury s,esIi squire any further, and
which itmay be IN my power to give, shall with
Me greatest cheerfulness afford it.
1 sincerely hope, however, that no further delay
will be thought necessary by the President in resto-
Ting the relations of amty which should ever subsst
between America and Great Britain AS the deiusios
attempted by the government OF France have now
been made manifest, and the perfidions plans of its
ruler exposed by which, while lac a,ids to and ag
sravates his system of violence against neutral trade
he endeavOrs throw all the odium of his acts upo
Great Britain, with view engender discoqi be-
tween the neutral countries, and the only power
which stands up biwark against his efforts at IL
niversai tyranny and oppression.
Excuse me, sir, if express my wish as early as
possible to dispatch his maesty's packctboat with
the result OF our communications, his majestys 60
vernment will necessarily be most anxious to hear
from me. Any short period of time, however, which
may appear to you be reasonable, will not hest
tate to detain her.
have the honor to be,
With the highest consideration and respect
Sir,
Your most ob't. humble servant
- AUG. J. FOSTER.
Jam es Monroe, &c &c. &c
MIR. MONROE TO MR.. FOSTER.
DEPARTMENT Of State.
SIR,
have submitted to the President your
several letters of the Sd and 18th of this
month relative to the British orders in coun-
Gil and the blockade of May, 1906, and
have now the honour to communicate to YOU
his sentiments on the view which YOU have
presented OF those measures of your govern
ment.
1t was hoped that your communication
would have led to an immediate accommo-
dation of the differences subsisting between
our countries on the ground, on which alone
1T is possible to meet you. 1t is regretted
that you have confined yourself to a vindica-
flon OF the measures which produced some
Of them.
The United States are as little disposed
now as heretofore to enter into the question
concerning the priority of aggression by the
two belligerents, which could not be justified
by either, by the priority Of those of the o.
Their But as you bring forward that plea in
support of the orders in council must be
permitted to remark that you have your
self furnished conclusive answer to it, by
admitting that the blockade of MAY 1906,
which was prior to the first of the French
DEGREES, would not be legal, unless supported
thr0' the whole extent of the coast, from
Che Elbe to BIest, by an adequate naval
brce. That such a naval force was actu-
ally applied and continued in the requisite
strIctness until that blockade was comprised
IN and superseded by the orders Of Novcm-
Der of the following year, or even until the
French decree Of the same year, will not
presume be aledged.
But waving this question Of priority, can
II be seen without both surprise and regret,
that it is still contended, that the orders
IN Council are justified by the principle OF
retaliation, & that this principle is strength !
sUed by the inability OF France TO enforce |
her DEGREES A retaliation is ia its name, |
and its essential character, a returning like |
Dor like. Is the deadly blow Of the orders |
M council against one half Of our commerce, |
a return Of like for like to an empty threat in |
tse Wrench dseyses, against the other half