History of the United States of America, Volume 4 (of 9) : $b During the second administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 4 (of 9) : $b During the second administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Yet the issue the Whigs wished to make was fairly met. Government
showed remarkable candor in avowing the commercial object of the
so-called retaliation. Admitting that even if Napoleon had issued no
decrees England might have been obliged to enforce the Rule of 1756,
Spencer Perceval declared that after the Berlin Decree a much stronger
measure was necessary in order to protect British commerce. Lord
Bathurst, Lord Hawkesbury, and Lord Castlereagh took the same tone.
Their argument, carried to its ultimate conclusion, implied that Great
Britain might lawfully forbid every other nation to trade with any
country that imposed a prohibitive duty on British manufactures. Not
even a state of war seemed essential to the soundness of the principle.
Already Lord Grenville had declared that “this principle of forcing
trade into our markets would have disgraced the darkest ages of
monopoly,”[262] when March 8 Lord Erskine spoke in support of a series
of resolutions condemning the orders as contrary to the Constitution,
the laws of the realm, and the rights of nations, and a violation of
Magna Charta. With especial energy he declaimed against Perceval’s
favorite doctrine of retaliation as applied to the protection of
British commerce. Lord Erskine, like Lord Grenville, never spared
epithets.
“It is indeed quite astonishing,” he said,[263] “to hear the word
‘retaliation’ twisted and perverted in a manner equally repugnant to
grammar and common-sense.... It is a new application of the term,
that if A strikes me, I may retaliate by striking B.... I cannot, my
Lords, conceive anything more preposterous and senseless than the
idea of retaliation upon a neutral on whom the decree has never been
executed, because it is only by its execution on him that we can be
injured.”
Erskine supported his positions by a long professional argument.
Lord Chancellor Eldon replied by developing international law in a
direction till then unexplored.[264]
“I would beg the House to consider what is meant by the law of
nations,” he began. “It is formed of an accumulation of the dicta of
wise men in different ages, and applying to different circumstances,
but none resembling in any respect such a state of things as at
present exists in the face of the world. Indeed, none of the writers
upon the subject of this law appear to have such a state in their
contemplation. But yet nothing is to be found in their writings which
does not fully warrant the right of self-defence and retaliation.
Upon that right the present ministers acted in advising those Orders
in Council, and upon the same right their predecessors issued the
order of the 7th of January.”
Public-domain text, read in full here on John Shaqi.
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