History of the United States of America, Volume 6 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 6 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Pinkney maintained that the French Decrees were revoked and that
Fox’s blockade was illegal. Neither position was beyond attack. The
American doctrine of blockade was by no means clear. The British
government never attempted to defend its sweeping Orders of 1807 and
1809 on the ground of legality; these were admittedly illegal, and
a proper _casus belli_ if America chose to make war on their
account. England claimed only that the United States were bound to
make war on France for the Berlin Decree of Nov. 21, 1806, before
making war on England for her retaliatory Orders of 1807. In order to
evade this difficulty, France declared that her Decree of November,
1806, was retaliatory on Fox’s blockade of May, 1806. America began by
maintaining that as far as concerned neutral commerce both belligerents
used retaliation for illegitimate objects, and that the United States
might rightfully declare war against either or both. The position was
easily understood, and had the advantage of being historically true;
but the United States stood on less certain ground when they were drawn
into discussion of the legal theory involved in Fox’s blockade.
England held[4] that Fox’s blockade of May, 1806, covering the French
coast from the Elbe to Brest, was a lawful blockade, supported by a
particular naval force detached for that special purpose and sufficient
for its object, until the blockade itself was merged in the avowedly
extra-legal paper-blockades of 1809; and that if the paper-blockades
were withdrawn, Great Britain had the right to re-establish Fox’s
blockade with an efficient naval force to execute it.
President Madison held a different opinion. He insisted,[5] and
ordered Pinkney to insist, that a particular port must be invested by
a particular naval force; and that Great Britain ought not to contend
that her naval force was adequate to blockade a coast a thousand miles
long. On this ground the President, July 5, 1810,[6] instructed Pinkney
to require the annulment of Fox’s blockade as “palpably at variance
with the law of nations.” In order to prove the impartiality of this
demand, the President promised to insist that the repeal required from
France as its counterpart should “embrace every part of the French
Decrees which violate the neutral rights guaranteed to us by the law of
nations.”
Public-domain text, read in full here on John Shaqi.
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