Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
For a long period, and among most of the maritime nations of Europe,
the right of inhibiting a supply of provisions to an enemy, was tacitly
acquiesced in, or expressly admitted. This practice existed even
so long ago as the Mithridatic war, and has probably been followed
up, without an interval at any one time of fifty years, from the
commencement of the Christian era to the present day. This attempt,
therefore, of Great Britain to injure France, formed no excuse for
France to attempt to injure Great Britain by violating the commerce of
the United States.
On the 31st of December, 1806, the British Government formally
notified the American Government, that Great Britain would consider an
acquiescence in the Berlin Decree on the part of neutral nations, as
giving to her (Great Britain) the right to retaliate in the same way
against France.
Had the American Government, at this period, manfully and explicitly
made known its determination to support our rights at all hazards, I
have no belief that our present difficulties would ever have existed.
In May succeeding, advices were received of French privateers, under
this decree, depredating upon American vessels in the West Indies; and
during the same month the ship Horizon, in distress, was thrown by the
act of God on the French coast, and was seized under the same authority.
In November, 1807, the British, in conformity with their notice,
issued their retaliating order. A prior Order in Council of January,
1807, had been issued, but this only affected vessels trading between
different ports of France, or between ports of France and her allies;
a trade always obnoxious to suspicion, and one which during war must
ever be expected in a great degree to be restricted, and which is also
interdicted by a standing law of the French Government, passed in 1778,
and confirmed by the present Emperor.
Then followed in succession, on the part of France, the Milan and
Bayonne decrees. The last of which dooms an American vessel to
condemnation from the exercise of a right universally acknowledged to
belong to belligerents, and one which the neutral has no possibility of
preventing, that of being spoken with by an enemy cruiser, which from
her superior sailing there was no possibility of avoiding. In point of
principle, this is the most outrageous violation of neutral rights ever
known, and this, too, took place under the existence of a treaty made
within a few years by the same person who issued these very decrees.
While with Great Britain we have no treaty, and whose orders are
expressly bottomed upon and limited in duration by the French decrees,
and issued after having given twelve months' notice of her intention to
oppose them in this way, and the Orders in Council are even as yet not
co-extensive in principle with the French decrees.
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