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
No worse ground could have been found for Pinkney to stand upon. He was
obliged to begin by asserting, what every public man in Europe knew
to be untrue, that “every part of the French Decrees which violated
the neutral rights” of America had been repealed by Cadore’s letter
of August 5. His next contention, that coasts could not be blockaded,
was at least open to dispute when the coast was that of the British
Channel. Pinkney’s arguments became necessarily technical, and although
technical reasoning might be easily understood in a Court of Admiralty,
the attempt to treat politics as a branch of the profession of the
law had the disadvantage of refining issues to a point which no large
society could comprehend. When Wellesley, Dec. 4, 1810, asked for
evidence that Napoleon’s Decrees were repealed, Pinkney replied, in a
long note dated December 10,[7] that Cadore’s letter of August 5 stated
two disjunctive conditions of repeal,--the first depending on Great
Britain, the last on the United States; that although Great Britain had
not satisfied the first condition, the United States would undoubtedly
satisfy the last; therefore the French Decrees stood repealed. This
proposition, not even easy to understand, was supported by a long
argument showing that Cadore could not without absurdity have meant
anything else. As for further proof, not only had Pinkney none to
offer, but he gravely offered his want of evidence as evidence:--
“On such an occasion it is no paradox to say that the want of
evidence is itself evidence. That certain decrees are not in
force is proved by the absence of such facts as would appear
if they were in force. Every motive which can be conjectured
to have led to the repeal of the edicts invites to the full
execution of that repeal, and no motive can be imagined for a
different course. These considerations are alone conclusive.”
The argument might have escaped ridicule had not Jonathan Russell been
engaged at the same moment[8] in remonstrating with the Duc de Cadore
because the “New Orleans Packet” had been seized at Bordeaux under the
Berlin and Milan Decrees; and had not the “Moniteur,” within a week,
published Cadore’s official Report, declaring that the decrees would
never be repealed as long as England maintained her blockades; and had
not the Comte de Semonville, within another week, announced in the
French Senate that the decrees were the palladium of the seas.
Wellesley answered Pinkney, December 29, in a note[9] comparatively
short, and more courteous than any important State paper that had come
from the British government since Fox’s death.
Public-domain text, read in full here on John Shaqi.
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