The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-01-27

patriot Government hereafter, for any violation
of her rights, TO preserve future cause OF
quarrel with these governments, 10 obtain
some exclusive commercial advantage as IN
demnilp hereafter. to apply the same rule to
the commerce OF this country In her future
wars. Whatever infraction OF her rights she
may deem proper TO laeitly acquiesce in now,
does not and cannot constitute a reason that
the government of the United States should
also Weld theirs Your Excellency very justly
observes that u blockade declared by the com
manders of ship OF the line or schooner
legally commissioned for war, does not import
less in the one case than the other, and it will
be but just to add, that the declaration of
blockade, originating in their will, imports
nothing. Tho commander OF ship of war,
or commander-in- of squadron, can in
stitute blockade in very distant seas--the
urgency and necessity OF the case renders It
legal. The act of belligerant involving GER
tain rights of friend is an act OF sovereignty;
it belongs 10 that authority to declare IL, and
only to the commanders to carry il into effect.
But The belligerant's right, and will, TO do so,
and the declaration Of it, does not constitute
the act unless combined with an object that is
legitimate, and force competent to sustain 1t.
With respect to the legitimacy of the object,
that can only exist in depriving your enemy OF
all external means of annoying you, and exter-
nal resources of continuing the war, and is IN
a great measure dependent on their actual sit
uaiion hence the right of the neutral to in
troduce all articles Of perfectly innocent ma
ture. and which do not contribute any thing
toward carving on the war. Ii would be pre-
posterous 10 blockade port by sea, against the
entrance Of provisions, which has an extensive
and abundant country adjoining to supply 1t. In
such case the belligcrant would only be IN
Turing common friend, without prejudice to
his enemy this the law of nationsforbids his
doing; but on the other hand, where possibl-
lily exists of your reducing your enemies TO
terms, by excluding such provisions your right
is legitimate To do so, and the injury done the
neutral is accidental With respect 10 the
competency of the force, it will depend on the
localities of the port or ports blockaded, and
not on the size of the vessels, or the weight or
number of their guns-with this neutrals have
nothing 10 do il il sufficient for them that the
place is susceptible of being blockaded, and
the force applied is of such description and so
stationed as TO render it extremely hazardous
to enter: so also with respect 10 the force OF
your enemy; if he possess thousand ships
of war more than the blockading power, and
does not see proper to drive it from its ports,
It's effectual against the neutral so long as
that blockade preserves and does not volunta-
rily abandon its stations.
A blockade originally legitimate and legally
instituted, may derive an opposite character
from the conduct of the belligerant blockading.
Thus the forces stationed to carry it into eff
feet, negligently and partially executing it, the
government contravening its legitimate object,
and by Partially or license permitting one or
two neutral flags to trade while all others are
excluded, thereby rendering it a subject Of
convenience to themselves, or source of tn
bule to their Golfers. Admitting, in conse-
quence of the localities of the western coast of
Peru, that it be susceptible Of blockade by as
small or smaller force than the same extent Of
coast in any other part Of the world yet the
whole naval force of Peru, even if actually
engaged in that service, is not a competent
force for the blockade Of coast, 500 miles
in extent, and containing very many ports and
harbors. |, however believe very little of the
naval force of Peru has been employed on
that service, and in fact this extensive block
ade has often been left for months, with no
other vessel beyond aschooner; and also there
can no doubt exist, Of exclusive privileges
having been given by the government of Peru
to particular persons and flags, TO trade by
license, with this coast declared under block
ade.
The principles here contended for, the
United STATES are also contending for with
Spain in the North Atlantic, where they ope-
rate in favor Of the patriot government. 1t
would be absurd for the government of Spain,
to declare under blockade, and the operation
of the laws Of the Indies, the whole coast of
Chill, Peru and Mexico and as the most sus-
ceptble and convenient mode of sustaining
that declaration, TO cause naval force, supe-
rior to that Of the patriots, to cruise to the west
ward Of Cape Horn and there arrest every
vessel coming or going, under pre,ext of vo-
lating the laws Of the Indies and blockade of
the coasts-yet, this conduct on their part,
would not be less effectual or more absurd
than the blockade Of an extensive coast by the
patriots, without any thing like an adequate
naval force to sustain 1t.
| pray your Excellency to accept the assu-
rance Of the high respect and consideration,
with which
have the honor 10 remain,
Your excellencys most obedient,
Very humble servant,
Signed, CHARLES STEWART.
On the receipt Of the foregoing letter, the