The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-06-16


new, Is sufficiently proved by a reference t,
the overture of MIR. Pinkney, as well a.
from the terms on which Mr.. Erskine had
arranged the dispute with America relative
to the orders in council. In that arrange
ment nothing was brought forward with re
gard to this blockade. America would
nave been contented at that time without
any referenre to it. 1t certainly is not
more grievance or an injustice now thai
1t was then. Why then is the remuneration
OF that blockade insisted upon now if it was
not necessary to insist upon it then? 1t is
dimcult to ind any answer but by reference
to subsequent communications between
france and America, and disposition in
America to countenance France in requi-
ring the disavowal ut this blockade and the
principles upon which it rested, as the con-
dition sine qua non of the repeal of the
Berlin and Milan Decrses. 1t seems to
have become an object with America only
because 1t was prescribed as a condition by
France.
On this blockade and the principles and
rights upon which it was founded, Bona
parte appears to rest the justification of all
ms measures tor abolishing neutrality. and
Tor the invasion of every state which is
not ready with him to wage war of eX-
termination against the commerce of Great
Britain.
America, therefore, no doubt, saw the ne
cessity OF demanding its remuneration, but
she will now sec that it is in reality vain Ell
ther tor America or Great Britain to ex-
pect an actual repeal OF the French de
crees until Great Britain renounces First
the basis, viz. the blockade of 1906, on which
Bonaparte has been pleased to found them ::
next, the right of retaliation as subsequent
~ acted upon In the orders in council; fur
ther till she is ready to receive the treaty
OF Utrecht, interpreted and applied by the
Duke OF Bassano's report as the universal
law OF nations ; and finally till she abures
all the principles of maritime law which sup
port her established rights now more than e.
yer essential to her existence as nation
Great Britain feels confident that Ameri-
ca never can maintain or ultimately sanction
such professions, and His Royal Richness
the Prince Regent entertains the strongest
nope that this last proceeding of France
VIII strip her measures of every remnant of
disguise, and that America in Justice to
what she owes to the law of nations and to
her own honor as a neutral state, will in
stantly withdraw her countenance from the
O trageous system of the French govern
ment, and cease to support by hostile mea-
sures against British commerce the enor-
nous FABRIC or usurpation and tyranny
q
the world as the law of nations
America cannot now contend that the Or
ders IN Council exceed IN spirit Of retaliati
on what is demanded by the DEGREES, the
principles, or the usurpations of Bonaparte.
ne - States government must at last be
convinced that the partial relaxations of
those DEGREES i'll favor of America have been
insidiously adopted by France for the mere
purpose OF inducing her to close her ports a.
galnst Great Britain, which France cannot
effect herself by force, and she must admit
that if Great Britain were now to reDraI
her Orders in Council against France. it
would be jgratuitously allowing to France
the commerce OF America and all the ben
ehts derivable from her flag as an additional
instrument tor the annoyance of G.. Britain.
and that at a moment when every state is
threatened with destruction or really des
troyed formerly supporting their own right
to trade with G.. B.
am commanded, sir, to express on the
part of his Royal Highncss the Prince Re
gent, that while His Royal Highness enter
talns the most sincere desire to conciliate
America, he yet can never ConCedc that
the blockade of May 1906 could Justly be
made the foundation, as it avowedly las
been, tor the DEGREES of Bonaparte and
further, that the British government must
ever consider the principles on which that
blockade rested accompanied as it was, by
an adequate blockading force) to have been
strictly consonant TO the established law of
nations and a legitimate instance of the.
practice which it recognises.
Secondly, that Great Britain must ccntin-
France in the duke of Bassa
nos report, as binding upon all nations. She
cannot admit, as o true declaration of pub
lie law, that free ships make free goods,
nor the converse Of that proposition, that
enemy's ships destroy the character of neu-
tral property IN the cargo-she cannot con
sent by the adoption of such principle to
deliver absolutely the commerce of France
from the pressure of the naval power Of G..
Britain, and by the abuse of the neutral flag
to allow her enemy to obtain without the
expence of sustaining a navy, for the trade
and property of French subjects degree of
freedom and security which even the COM
merce of her own subjects cannot find un-
der the protection of the British navy.
She cannot admit as a principle of public
law, that maritime blockade can alone be
legally applied to fortresses actually invest
ed by land as well as by sea, which is the
plain meaning or CONSEQUENCE of the Duke
of Ba5sano's definition.
She cannot admit a principle o. yuljfic
law that arms and military stores are alone
contraband of war, and that ship-tmber &
naval stores are excluded frcm that de-
Neither can She admit without
retaliation that the mere fact of commercial
intercourse with British ports and subjects
should be made 4 crime i'm all nat;o,,e ord