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
The doctrine that because international law wanted the sanction of
a well-defined force it was, strictly speaking, no law at all, was
naturally favored by the school of common law; but Lord Eldon’s
doctrine went further, for he created a sanction of one-sided force
by which international law might supersede its own principles. His
brother, Sir William Scott, carried out the theory by contending in
the House of Commons that “even if the French Decree was not acted
upon (which rested with the other party to prove), it was nevertheless
an injury, because it was an insult to the country,”[265]--a dictum
which could hardly find a parallel as the foundation for an attack on
the rights and property of an innocent third party.
Erskine’s Resolutions were of course rejected; but meanwhile the
merchants of the chief cities began to protest. As the bill for
carrying the orders into effect came to its engrossment, March 7, the
resistance became hot. March 11 the bill passed the House by a vote
of 168 to 68; but Brougham had yet to be heard, and no ordinary power
was capable of suppressing Henry Brougham. As counsel for the American
merchants of Liverpool, Manchester, and London, he appeared March 18
at the bar of the House, and for the next fortnight occupied most of
its time in producing testimony to prove that the orders had ruinously
affected the commercial interest. April 1 he summed up the evidence
in a speech of three hours, which James Stephen thought pernicious
and incendiary.[266] Perceval was obliged to produce witnesses on
the other side; and Stephen, who had been brought into Parliament for
the purpose, devoted himself to the task of proving that the orders
had as yet been allowed no chance to produce any effect whatever,
and that the commercial distress was due to the recent enforcement
of the Berlin Decree. That much distress existed no one denied; but
its causes might well be matter of dispute; and Parliament left the
merchants to decide the point as they pleased. Brougham’s inquiry had
no other effect.
Public-domain text, read in full here on John Shaqi.
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