The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-08-09

on his honor, that he did not fire the first
shot, but that. after his, ship had be en- fred
into. he returredthe compliment, He ad
ded also. that the President was the first to
pour a broacside into the Little Belt, which
was returned by her before she could, con
the rules OF the British Ma
wy condescend TO strikea.her colours, even
to a force of such great superiority" "a,
: 1t this be the. fact. and if the American
government declare that the Capt. of the
President did not act contrary to his orders,
there can be but one line of conduct we can
adopt consistently with what we owe to our
national character. s.. 49,.
FOX, PORTER.
JUDGMENT RESUMED.
STR William Sect.
AS the Claimants have failed to pro-
duce any evidence of the revocation of the
French DEGREES, and have nothing to offer
as the foundation of demand for further
time, must Conform to what declared on
former day, and proceed to make the de-
cree effrctual. should certainly have been
extremely glad to have received any authen-
TIC Information tending TO shew that the de-
crees OF France, to which these Orders in
Council are retaliatory, had been revoked !;
and 1t was upon suggestion offered on the
part OF the claimants, that dispatches had
been very recently received from Paris bv
the American minister in this country. bv
which the tact might be ascertained. that
the Court on the former day deferred it's f
nal judgment-I would have been unwil-
ling to proceed to the condemnation of these
vessels, without giving the proprietors the
opportunity of shelving that the French de-
crees, on which our Orders in Council are
rounded had been revoked. But they ad
mt that they nave no such evidence TO pro-
duce the property of the ships and careoes
rs daily deterioratipg, and it is my duty to de-
lay no longer the Judgment which is called
for on the part Of the captors.
From every thing that must have prece
ded. and from every thing that must have
followed the revocation of the French de
crees. 1t such revocation had taken place.
think am Justified in pronouncing that no
such event base ever occurred. The only do
cument referred to on behalf of the clai
mants. is the letter of the person styling
himself Due de Galore. That letter is no
thing more than conditional revocation.
II contains an alternative proposed-either
that Great Britain shall not only revoke her
Orders in Council, but likewise renounce
ner principles of blockade, principles found
ed upon the ancient and established Law of
Nations; or that America shall cause her
neutral rights to be respected: in other
words, that she shall join France in com.
Poisive confederation against this country.
1t IS Quite impossible that England should
renounce her principles OF blockade to adop,
the new tangled principles of the French
Government, which are absolute novelties
IN the haw OF nations; and hope it is e
4ually Impossible that America should
lend herself to an hostile attempt to compel
1nis country to renounce those principles on
winch 1t has acted in perfect conformity to
antient practice and the known Law of Ma
IONS, upon the mere demand of the person
hoiuing inc government of France. The
casus iosueris therefore, if it may be so CAL
leo does not exist: the conditions Oh which
aiope France holds out a prospect of retract-
ng the DEGREES neither are nor can be full
hiied: Looking at the question therefore. a
priofi, y cannot be presumed that the reyo-
cation mas passed. On the other hand I
wnat must have followed if such had been
ne factt Why, that the American minis.
er I'D TINS country must have been in pos
'ess'on OF most decisive evidence upon the
suDJece' ioE 4 cannot bat suppose that the
''S' s'eP Oh tbe American Minister at Paris
"ouid nave been to apprize the America an
minister at this Court, of so t,omentonx =
with view to protect the A
nercan ships and cargoes which had been
brought in under The British Orders in Coun-
I'll. 1t no such Information has been re-
'eived by him, there never was case in
Sh'ch the rule ode non appsren.ibus ct non
eadem est RATIO can more ga
isfactorily apply. For it is quite impossi
'ie mat such revocation can have taken
pace, without being attended with a clear
demonstration OF evidence that sach was tho
act 90 VIC
am, therefore, upon every view of tbe
ase, oil opinion that the French DEGREES are
Il this moment uDrevoked But if by anv
possibility 1t can have happened that an ac
uai revocation has taken place against the
nsn,ieSt import of the only public French |
declaration referred to and without having
zen yet communicated to the American
Minister IN this country who was so much
concerned to know it. for the benefit of the
persons to whose protection il must have
zen principally meant the parties will |
ave 'he advantage Of the facr, VI they caui
dtew upon an appeal that those DEGREES
rave been revoked at time and in a man
yer that could Justly be applied to the de !
eTmhahoD OF these causes; revoked at a NO
lou winch would each the dates of this can
ure and IN manner unincumbered win
upulauons, which it was well known thist
olhtIy could never accept and TO which
Nsls was every REASON toPrcsums tLss The