Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-07-16

with the Government Of the U. S. should
be such AZ in the opinion OF the British
government to render their revival uh-
necessary; condnion which proves ~
con,estibly that tho French decree was
no, considered by The British govern
ment a sufficient ground on which To re
peal the orders in council. TX proves
also that on iha, day the British govern
mea, hsd resolved no, to repeal Nhe or
dcrs on the basis Of that decree since
the proposed repeal was TO depend not
on VIVA, the French government had al
ready done; bat OH what j, might 80, sna
on arrangements TO be entered iHso With
the United States, uncoaaectcd with tue
French repeal.
The French decree of the ash April,
1871. was transmitted 10 the I, States
by the Wasp, public vessel, Mhich had
been long awaiting, at the ports OF Great
Britain and France, dispatches hem our
ministers relating TO these very import
ant concerns with both governments. 1t
was received al The Department OF State
on the 18th July. 1912, nearly month
alter the declaration OF war asains,.GI.
Britain. Intelligence ct the repeal ci
the orders in council vas not received
/ until about the middle Of the following
month. Ii was impossible, thcreiore'
that either OF those acts, in whatever
light they might be viewed, should rave
been taken into consideration, or have
had anv influence in deciding on tia;
iolp7rtant Mt
Had the B;itisb government been dis
posed 70 repea' It's orders IN COUNCIL. III
conformity with The principle on which
il profess-d to have issued them, snd on
the condition which ii haa itself pre-
scribed here was no reason 10 de'av
,he repeal until such decree as that Of
-; 2s,h April, 1911, should be Pqcduc-
ed. The declaration of the French go
veramert # Angus, 5, 1910, bad iuily
satisfied every Claim OF The British go
vernment according 20 is own prihci.
pies on that point. By Ii the DEGREES OF
Berlin and Milan were declared 10 be
repealed. the repeal 10 ,akc effect On the
Ist November following, Oh which day
il did take effect. Tie Only condition
attached to IS, was, eitl;er that Great
Britain should follow ;hc example. and
repeal her orders in council, or that the
United States should carry into eaect a.
rainst her their uUn-nPortauon Get
THIS condirnD mas in It's nature subse.
uuent. not precedent, reserTing rigot
in France TO revive her DEGREES IN Case
neither alternative was Performed. by
this declaration IL was PIT consisteiy IN
the ,o,yer If Great Brain 10 terminate
this cor,raycasy in manner The most
honorable n herself. France had yield
ed 10 her to: ground on condition with
which she had declared her Willingness
10 comply He'd she complied. the Don
importation at would not have been car
ricd into effect. nor could tue French
DEGREES have been revived. By refusing
10 comply. she bar made herself respon-
sible Tor ali that has since followed.
b. the decree Of the 23th April, 1911,
the DEGREES of Berlin and Milan were
said To be dcfniiise;y repealed and the
execution Of he ncB-iinportallon act a
gainst Great Britain was declared to be
the ground ri that repeal. The repeal
announced by the declaration OF the 5th
August, 1910, was absolute and hnal,
except as TO the condition subsequent
attached TO il. This latter decree &C
knowleaees that that condition had been
performed, and disclalns the right to
revive it, in consequence of that per-
formance. and. extending back 10 tue
fcs, of November, confirms in every c:r-
cums,ance the preceding repeal. Ihe
latter act, therefore, rs 10 the repeal. is
nothing more than confirmation OF tue
former. 1t is in this sense that those
two acts are to be understood in France
I. is in The same sense that they arc to
be regarded by other powers.
In repeating the orders in council On
the preiext Of The French decree OF The
2sth April, 1871. The British govern
nent has conceded that it ought 10 have
repealed them on the declat alton OF the
5lh of August, 1910. Ii is impossible
10 discriminate between the two acts, or
to separate them from each other, so as
20 Justify, on sound and consistent prn-
ciples, the repeal Of the orders in coun-
Gil on the ground of one aci. ahd the re-
fusal TO repeal them Oh that OF the other.
The second &C; makes the repeal detl-
nitive but for what reason! Because
the non.impoitation act had been put IN
force against Great Britain, In compli-
ance with the condition Subsequent at
tached to the forInerrepeal. ard her re-
fusal to perform it. That act being still
in force. AID the decree of the 2S,b A.
priI, 1911. being expressly founded on
it, Great Britain repeats her orders IN
council on the tasis OF this latter decree.
The conclusion is, therefore, irresistible,
that by this repeai, under all the cir