History of the United States of America, Volume 5 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 5 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Quite early in Wellesley’s career as Foreign Secretary, an opportunity
occurred to test his energies. January 25, 1810,[225] Armstrong sent to
Pinkney a copy of Napoleon’s offer to withdraw the Decree of Berlin,
if England would withdraw her previous blockade of the coast from Elbe
to Brest. Nothing could be easier for England. The blockade of May
16, 1806, had been invented by Charles James Fox at the beginning of
his short Administration as an act of friendship toward the United
States, in order to evade the application of Sir William Scott’s legal
principles; it was strictly enforced only between Ostend and the Seine,
a short strip of coast within the narrow seas completely under British
control, and in part visible from British shores, while the subsequent
Orders in Council had substituted a series of other measures in place
of this temporary device, until at last the blockade of Holland and
the Empire, from the river Ems to Trieste,--in which, April 26, 1809,
the restrictive system of England was merged,--seemed to sweep away
all trace of the narrower restraint. No one but Sir William Scott
could say with certainty, as matter of law, whether Fox’s blockade
was or was not in force; but for years past England had established a
depot at Helgoland in the mouth of the Elbe, for no other purpose than
to violate its own blockade by smuggling merchandise into Germany,
Denmark, and Holland. From every point of view the continued existence
of Fox’s blockade seemed impossible to suppose.
February 15 Pinkney wrote to Wellesley, asking whether that or any
other blockade of France previous to January, 1807, was understood
to be in force.[226] March 2 Wellesley replied that the restrictions
imposed in May, 1806, “were afterward comprehended in the Order
of Council of Jan. 7, 1807, which order is still in force.”[227]
This reply encouraged Pinkney to infer that Fox’s blockade had
merged in Howick’s Order in Council. March 7 he wrote again to the
Marquess,[228]--
“I infer ... that the blockade ... is not itself in force, and
that the restrictions which it established rest altogether, so
far as such restrictions exist at this time, upon an Order or
Orders in Council issued since the first day of January, 1807.”
To this easy question, which seemed hardly worth answering in the
negative, Wellesley replied, March 26,[229]
“The blockade notified by Great Britain in May, 1806, has
never been formally withdrawn. It cannot, therefore, be
accurately stated that the restrictions which it established
rest altogether on the Order of Council of Jan. 7, 1807; they
are comprehended under the more extensive restrictions of that
Order.”
This explanation, however satisfactory it might be to the admiralty
lawyer who may have framed it, conveyed no clear idea to the diplomatic
mind. The question whether the blockade of 1806 was or was not still in
force remained obscure. Pinkney thought it not in force, and wrote to
Armstrong,[230]--
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