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
By the end of October all the Cabinet opinions were in Perceval’s
hands, and he began the task of drafting the proposed orders. His
original draft[69] contained an elaborate preamble, asserting that
Napoleon’s decrees violated the laws of nations, which Perceval broadly
maintained were binding on one belligerent only when the obligation was
reciprocally acknowledged by the other; that neutrals had not resented
and resisted the outrage, “nor interposed with effect for obtaining the
revocation of those orders, but on the contrary the same have been
recently reinforced;” that Lord Howick’s retaliatory order had served
only to encourage Napoleon’s attempts; that his Majesty had a right
to declare all the dominions of France and her allies in a state of
blockade; but “not forgetting the interests of neutral nations, and
still desirous of retaliating upon the commerce of his enemies with
as little prejudice to those interests” as was consistent with his
purpose, he would for the present prohibit only trade which neutrals
might be disposed to pursue in submission to the French decrees, and
require that such trade should pass to or from some British port.
Then followed the order, which prohibited all neutral trade with the
whole European sea-coast from Copenhagen to Trieste, leaving only the
Baltic open. No American vessel should be allowed to enter any port in
Europe from which British vessels were excluded, unless the American
should clear from some British port under regulations to be prescribed
at a future time.
This draft was completed in the first days of November, and was sent
to Lord Bathurst, President of the Board of Trade, who mercilessly
criticised the preamble, and treated his colleague’s law with as little
respect as though Bathurst were an American.
“I wish the principle of retaliation,” wrote Lord Bathurst, “not to
be unqualifiedly advanced, for which I think there is no necessity.
May it not be said that in a contest with an unprincipled enemy
the doctrine of retaliation is one dangerous to admit without
qualifications? I own I do not like the word. If my enemy commits
an act of injustice, I am not therefore justified in committing the
same, except so far as may be necessary, in consequence of his act,
either to protect myself from injury, or prevent a recurrence to, or
continuance in, such acts of injustice. All operations of war are
justified only on the principle of defence. Retaliation seems to admit
something of a vindictive spirit.”
The Board of Trade was not usually scrupulous in dealing with American
commerce; but in this instance Earl Bathurst let it be plainly seen
that he wished to have no share of responsibility for Perceval’s
casuistry. The longer he studied the proposed order the less he liked
it; and in the end he wrote an opinion contrary to his first. He
withdrew his assent to the order altogether, and hinted some unpleasant
truths in regard to it.
Public-domain text, read in full here on John Shaqi.
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