History of the United States of America, Volume 6 (of 9) : $b During the first administration of James Madison — John Shaqi
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
“It is by no means clear,” he began, “that it may not be fairly
contended, on principle and early usage, that a maritime
blockade is incomplete with regard to States at peace unless the
place which it would affect is invested by land as well as by
sea. The United States, however, have called for the recognition
of no such rule. They appear to have contented themselves with
urging in substance that ports not actually blockaded by a
present, adequate, stationary force employed by the Power which
attacks them shall not be considered as shut to neutral trade
in articles not contraband of war; ... that a vessel cleared or
bound to a blockaded port shall not be considered as violating
in any manner the blockade unless on her approach to such port
she shall have been previously warned not to enter it; ... that
whole coasts and countries shall not be declared (for they
can never be more than _declared_) to be in a state of
blockade; ... and lastly, that every blockade shall be impartial
in its operation.”
On these definitions of law, and not to satisfy Napoleon’s requirement,
the President insisted on the abandonment of Fox’s blockade.
The withdrawal of the Orders in Council, on the other hand, was
required on the ground that England had pledged her faith to withdraw
them whenever France revoked her decrees. France had revoked her
decrees, and England could not honorably refuse to withdraw the orders.
“As to the Orders in Council which professed to be a reluctant
departure from all ordinary rules, and to be justified only as
a system of retaliation for a pre-existing measure of France,
their foundation, such as it was, is gone the moment that
measure is no longer in operation. But the Berlin Decree is
repealed, and even the Milan Decree, the successor of your
Orders in Council, is repealed also. Why is it, then, that your
orders have outlived those edicts?”
In both instances the American position lost character by connection
with Napoleon’s acts. Pinkney repudiated such a connection in the
first case, and his argument would have been stronger could he have
repudiated it in the second. Unable or unwilling to do this, he had no
resource but to lose his temper, which he did with proper self-control.
The correctness of his reasoning or of his facts became less important
from the moment he showed himself in earnest; for then the controversy
entered a new phase.
Public-domain text, read in full here on John Shaqi.
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