Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-08-09

public authority OF tDV soeS'siS"H ~'o
that in the blockade of the French coast
| it was never required that there should
be any vessels stationed Oh the ports
that even if it were necessary to prove
the fact of the ports being actually
blockaded by ships Of war, the capture
Of this and many other vessels are SUI
fcient violence OF It.
1t has ALWAYS been held BY the British
courts ofprize that to constitute block
ade two things were required, that the
ports in question should be invested oy
force adequate 10 the purpose OF pre-
venting egress and ingress without im-
minent danger of capture, and that no
tice should be given of to all the par
ties who were to be legally aft scted by
lit. The actual investment is absolute
! " essential to constitute this state, and
as early as the West Indie cases Ii was
decided BY the court Of appeals, " that
declaration unsupported by the effect
will not be sufficient to establish a block
ade." In this respect there is no diff.
ference whatever between a public, and
the most private notification. The OBJ
iect of. both is the same, merely to in
form the tarfy qvho is TO- be charged svith
the. breach Of blockade, that q blockade
.rists, A notification given by com.
mander, i. as much under the authority
of the sovereign as if it were an actin
/ mcdiateIy proceeding from him, because
commanders derive from him thepower
Of blockading such ports as they may
Judge proper. The most formal and
diplomatic notification between govern.
ments is only meant for the Information
Of individuals. Public notifications
made to the government of country
will effect the Inhabitants. Of that csun.
t., with the knowledge of after a GER
tain time, as presumption jurss ct dc
jure, because it is the duty of govern
ments to communicate it to all their sub.
jects, but, whenever it can be proved
that any individuals are acquainted with
the existence of the blockade by any o.
tier means, the consequences viii be to
them the same. But under all modes
OF notification it is absolutely necessary
that there should be fact Of actual invest
ment, without which no notification is
effectudl.
What has been called the blockade of
the French coasts. by the well known
order of the goth of April, forms no ex-
cep,ion to the principles maintained up
on this subject by the British nalion.--
That was measure perfectly different
from blockade. 1t did not profess to
be ablockade, but on the other hand the
words of the order were "th:t those
ports should be subject to the same re
strictions, as if the same were actually
blockadcd by his msjcs,y's naval forces
in the most strict and rigorous manner." "
The word blockade was introduced not
as a definition Of the measure itself, but
BY way of explanation OF the mode IN
hich it was 10 be executed sin the
manner of an actual blockade. No in
.estment WAS even supposed TO take
place, because it was Impossible that
there could be an Investment to the
whole extent Of the coast affected by the
order. It was not therefore blockade,
bot it was relaliatory measure to coun.
,eract the effects Of an unjust and an
unlawful attempt to ruin this country by
cutting off its resources 1t was not di-
rected against particular ports, but d
gainst the cncmy's trade universally'-
II was total prohibition of all commerce
with the enemy, as he had prohibited all
coumerce with Great Britain, and it
would have been Intellectual and futile ii
it had not comprebended all the domi-
Mon. of France and if it had been limit
cd within the legal boundaries Of a
blockade. As none Of the rules OF law
relating to blockades were therefore ap-
plicable to those orders which initiated
against their design, so no inference
whatever can be drawn from thence,
that the laws of blockade, before admit:
ted in ,he British courts, have been in
any manner altered or deviated from.
There is no necessity therefore to
imagine with the counsel for the claim.
ant, tb:. those orders lave been aban-
doDed by the British government either
in fac. or in princirIe-They never have
been in fact annulIed:= The supposed
repeal was merely provisional and the
condition. not having been complied
v ila by the American government, they
are still in force, as has been decided in
this court in some recent Cases" They
cannot be abandoned in principle till this
proposition is admitted to be true, that
I" it is the duty of nation to submit TO
the annihila,ion. ni its commerce and re-
sources, when it is attempted BY its enc.
nv, With view to its final subj"gation
and destruction, without an effsrt OF
struggle or resistance, because that re.
s,stance may be some inconvenience to
third country" Our enemies, both
open and in disguise, naturally are We
hement in their oaicries against the or
ders in councit,,bccause they have prov
C..l \. e. ~