The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1811-07-24
Vol. 8.

~ of our fellow citizens. IL has even admit
ted the distinction, for the time being, be-
tween the revocation of them as 10 the future,
and indemnify for past spoliations committed
under them. They have also kept separate
from these maritime orders and decree, other
wrongs of various sorts arising sor.e from in
iqnitous conhsca,ions on land, some from
acts rendered unlawful from their being ipsi~a,
dious and ex post facto, and othesr uniting
both characters. being unlawful in themselves
rs well as insidious and retrospective.
The French decree of March 1910, which
committed such barbarous and extensive spo-
liations on our commerce arriving in the ports
of France, owes its enormity and its turpi-
tude chiefly to its being retrospective and en-
snaring. With previous and sufficient no.
ticc the French government had right TO
modify or forbid our commerce with France
(no treay restraining iC as it pleased. We
migh! reproach the unfriendlipcss Of such an
exercise of sovereignty, and we might retail
late In any way dce,aed proper within our
own rights of sovereignty But we could not
IN strctness arrange such municipal spolia-
tions under the head of violations OF our
froi rights, nor of consequence regard them
as contemplated by the ac; Of Congress de-
lining the acts whose revocation would satisfy
the conditions Of that act.
In like manner, the British government
was chargeahle with various extensive dcpre-
datioDs on American commerce, which, be-
sides being violations of our commercial
rights on the high seas were also cX post fac
to and iRsidious; the more so in some instan-
ces as tontradicting previous assurances.
What other character can be given TO all the
proclamation blockade, as communicated to
our ministers, 10 take effect from the day Of
such communication.
So again in the case of the immense cap.
lures and conGsca,ions in the year ! sos, which
kindled such flame through the United
States and among all our political parties. In
this instance the British government had re-
gnlarly declared to Mr.. King that colonial
produce entering our ports and paying duties
might be safely exported. This information
had been duly published for the information
OF our merchants, anal under the faith Of it
they proceeded on foreign voyages. No
sooner, however, where they lulled to secur-
ity and gone within the grasp Of British crui-
sers and courts, than they became a prey TO
insidious and retrospective orders 10 the a.
mount Of many millions.
What in this respect was the British order
OF tho 7sh Jsnuaiy, fovrf Oufhe Sist Dec
preceding our negeciators there wc,v soid
that some such measure must take place *
the United States did no, oppose the Berlin
decree. Seven days after, out came the or
der forbidding TO our vessels the trade from
One port Of Europe TO another; thus retros-
pectively and insdionsly, az well as contrary
to our neutral rights, making prey OF all yes-
sells then out or TO 40 out before Il knowledge
Of the order could cross the Atlartick.
Under this proceeding it is well known
that great numbers were seized anc sent into
British ports. Ii is true that before they
were to be liable 10 condemnation warning
under the order Was to be given but In ma
ny cases return home was equivalent TO a
total loss, and in all cases the great though
partial loss was the effect Of the rctroactivz
and ensnaring measure.
One other instance may be added. In A.
pril, 1904, the British minister, Mr.. Merry,
communicat I'd TO our government an instruc-
tlon from his government to the naval COM
manders and courts in the West Indies,
" not TO consider any blockade OF those ISL
ands as existing, unless in respect OF partc-.
ular ports which may be actually invested,
and not then to capture vessels bound to such
ports, unless they shall have been previously
warned not to enter them"
On the same day lie communicated a block
ade Of the Island Of Curacao, with an assur-
ance that " the blockade would be conducted
conformably to the above instructions" The
blockade was not conducted accordIn Z 10 tho
rule laid down and every vessel bound to
Curacao was captured by British cruisers
and condemned by British Courts.
Notwithstanding these extensive dcpreda--
tions Of Great Britain, aggravated by the con-
sideralion that they were thus retrospective
and ensnaring, the arrangement with ths
British minister Erskinc was made without
even bringing them into the negotiation for
the repeal Of the Orders in Council, much
less making indemnify for them prerequisites
which the law would not in fact have authori-