iulILIl
' . . i t ;:ia
Itilll--' iMislied 'every: Tuesday 'by " Ai3ANE AL L at Three Dollars a - Ycpayablc
- : a ki v a . II , I i . r i ir mm. w b mm i v , .ak. sw wmmm - -, -r ..: - - - - . mW
i.ra f- .'.V ' .
: .i;V-A-&'-
'Wit
V
i, t .
'A
J-'
I,-
r
I, -
iOD ERSKINE's SPEECH.
;The following Speech ca the Tubjeft of
- the Orders in Council, it intcrefting
; fiom the view which it takes of the flag
antirtjuftice of thefe orders, and of .
Vt the confequences that roufl inevit ably,
)' tnfuet if the"miftaken policy t prcfept r
'"'.i 4 purftied by the Britiftt mioiftry is per- v
f fiftcd in.. -Jtffc recommend jt to ihe
perual oif our readers
Xprti Erlkine rofe, and in a mod e!o4
Muetit and brilliant .fpecch of upwards of
Wo hours, of which we regret being un
abl e t o gi ve mo re ; tha n a faint o u i line,
took a luminous view cf ihe law of n"a-
iions, which, he contended was f iolated
,rv'.iy the Orders in Council. The quefton
' the Houfe
'iad now to decide, was one of the great
v vlVimportance that could occupy the at-...
- ; sllention of the Legtflature, it wat nov
: . ;fs than whether placed inx that proud
v ;f mrp-pminence on which we had hitherto
$i topjTwe'flibuld continue tfeat courfc of
cdnducY towards other nations, marked
-i-y joftice, honor and good faith, which
, . ,bad hitherto characlerifed this nation.;, or
yVj Whether we foould now defechd from
rff that exalted fituation and declare to the
:4 world, thatjhe injullice of Frai.ee mould
. become a teneral injuftice, and that all
Uthofe moral fanclions which had hitherto
fup ported laws from whence the nations
vi me nuiiu uviM .vww.iijr aim nay
- pinefs,rfliould be at once abrogated and
qucuion, oi me oraer in council or tnt.
of the order in council of
' 71I1 of January and that that was a juftih.
cation of thefe orders j Jet him rot be
lold of what the preceding ad mini ft rat ion ,
had done, let not any fuch argument be
'.advanced. This was not a qucftion be-
Ivyecn two adminillrations a queftion
between adminiftration and the public,
between them and the nations or the
world, all of whom anxioufly looked to
the vecitions ot that houle and ot 1'arlia-
fneht iipon this momentous fubject.
-Two of the refolutions' ht intended . taliation hy the other belligerent'mull in
propofc went to the point, that the power volve the neutral. He would not howb
obf legiflation was vefted cxclufively in tho ver fatigue their lordfliips by citi ig fup-
... - . .. . .
i king, by and witn the advice ot tyrlta-
:ine, Dy ano wun inc aavicc 01 rarna-
incnt; but that tricking naa no, right in
council, to alter or fufperid any law, ; ex-
.cept in, cafe of certain emergency, and
'then that parliament ought forthwith to
. te called together to confider of fuch c-
-.. I! !. !.'! .r
.H ..... v...
: rarlianientrlnltead ot being caned - toge -
ther,. were further -prorogued. .
"'. At the time thefe orders in council were
inucdrthealurtance of Parliament might
-Jiaf'c been immediately had : Parliament
1 . .... ft
fo Parliament to give effedl to the orders
vhich ihey cholcto iliue Runout the au
thoiity of Parliament wherir they f might
fcarehad that authority. He would Toon
tt throw the patent,, by which t he came
there t peer of the realm, into the fire,
than confent to fanaioo, live cxercife of
fuch a pqwer in the Crown as had been
ndvifed by Minifters, who when they had
lv nf P-irliament. This act Dadailoocen
"corie In vioutton oi me uw ui nuunr
hirh i9i antrt of the law ol trie iano,
under which neutrals had hliheito traded
to our ports in fecurtty. The.if.uaJe,
and the property err.b'ajked in iit hsvinp
bren proteacd by 1liw o! the-' Iand
Thclarr of natigns conGftedof tboU
t K- lhrt(hrtld and recdv tn intfr K. vitrl tti t(iifu riiiilinn. twit iMniiiK m-iic.. ...jn rv;uinciH w5. ucsiucs,
! . t . ... . r . . . ft, i -. i." rlilur ihli huth IroTti nollrv. riHlh minn nl
incir cnaDcrs, dui miumcrs cnoie 10 nothini; that me rrencn emperor cnoie vr . . ,, 7: r ' 1 , .
end them back and to lrgiflate without to iffue a boifting decree, he had not the thc.thnf What became of the argument!
hem r and now after all iW they camo
provisions wfitch had been agreed upon by
nations for mutual fecurity anrPprottdlion,
which had been in 'many ij (lances con
firmed byTreailclTA 'diftinclion had
been attempted to be taken on a loimer e
vening," between the law of fiat ions and
the ufages of nations : he apprehended,
however, that the former grew in a great
decree out of the latter. ':.
This law had been found mutually be-
neficial, had been mutually fanftioned &
clearly defined, and had, according to the
opinions and dccifioni of eminent lawyers,
become a part of the law of the land.
He did not mean to contend, that the
law of natfons did net give to a bellige
rent the right of retaliating upon another
belligerent ; but in what way? Inflead
of the complex fenfe which had been giv
en to the word retaliation, let its real
meaning be looked to, as deduced from
f it's dertvalioeT irwbuW" mn ' -..be Tauna
that it meant the doing a like act to the
enemy wnicn ne dia to us. An inter-
encc had been drawn from this interpreta-
tion on a former evening, thaf we were '
therefore to ad prccifely in the farne nian- "
flier as the enemy ; nd that if he violated '
a neutral territory in order to make a
more convenient attack, that .we were to
follow him, ftep by ftep ; "no fuch t h'ing.
If A. (truck him he had a right to ftrike -A.
not forjthe fake of ftiiking, but. in
! order to prevent him from continuing the
nviw , u u mi ifc uauib hv n iiiuvk
by A. that, therefore, he was to ilri.ke B I
or .mc iniuiuce or r ranee, out wenaa no
rght to make an attack upon tre innocent
and unoffending neutral. If a neutral yo-
luntarily acquicfccd fnnd agreed to car. 1
" ry into elFect an acl of hoftility by one
belligerent againft another, then lhc be-
came a puty in the war. If alfo a neu-
tral was fo weak that ftie mult fubmit to
the evils of one belligerent, and the belli,
gerent adlually proceeded to carry into ef-
tec) his httlhlc defigns by means of the
weaknefs of the ncutrsl. then an act of re-
... .
poled
poieu caies, but would go at once to tne
.a
cale ol America : it was clearly proved
f that America had not acquiefced in the
Berlin decree, but had remonftrated' a-
oainllit ; and was it to be believed, that
at thediflance of upwards of three ihou.
r 'i i . ': . i
.4.,.,11.1Aimr .u yC wuv.,fcU
by rrancerwith fcarcely any-navyp-to
auillio carryinc the trench decrees into
execution? But what couldjuOify the
ad of retaliation ? -Nothing but the ex-
ecution ot the obnoxious decree, it muft
. ..a
not vetTels to execute it We, it feemcd
' had determined to fuppty vetTels and to
capture, our own goods upon the ocean.
The French emperor could not, deftroy;
the trade of neutrals, for want of veflelsi-;
. but we were' to put the finilhing hand to
it.
America, with a tonnage amounting to
half our own, carried una trade to every
crCe; but our orders in council muH put
ancno iouu.iuoc, anu iwu imsia
to d trcls tor waist oMhe means or anpo
: fine of her produce. When a meafure,1
-
In Jbmt degree fimilar, was relorted toby
tne French government in the yeat t795
;overnment in the year, 1795,'
Gentleman then, in admifif-
jhed at it and thought it ah-
a tJ tiht hon
Uliuon, laugh
furd to take ny other notice of it. Had
this policy been flow, adopted, our trade
migni nave &ok on u nuuig, as u um
deere
the
would have -remained a dead Itfer, and
beep laughed at by the world. .How-waa
it now France had faid that Aruerican
veffeis coming from the ports of this coun-
y mould be confiscated, and we had de-
Glared that it they did hofirft come to our
po they- lliould be liable to capture
Thus we had rendered it impoiliUle for
the Americans to carry on any trade ; we,
hid driven .their commerce- from their
ports, and from the fyllem adopted by the
minifters, it;feemcd as if we mould foon
try, the effetls of theory fupported in a'
pamphlet lately publi(hd, that Britain
could flourifli independent of commerce.
The fy frcm "of Mt'lcfr
tioni forcibly reminded him of a circum-
V1C ,v"cm mmiuers in inei reguia- -
"ons forcibly reminaea-mm or -a circum-
whcd a uwn uujc huw ottuicu m
relan
re"cc'
iretan.i. tie aid not mean any national
ion,' for he highly reflected ,the:
eauent to and iD ipJie 01 inerrentn i B. wu..uwu-
c, which miehtiiJive been potted on " .r1,, r,,w;,c
piazzas and polls of Pris, but which lr1 7pc' '3
generous and brave character of .the na- by ministers, wholly 'Tailed '.in-proving thiat
lives of that pa'rt of the United King- - very assertion, which must form the ground,
dom, but aVthouBh' dilplaTinc; much scni- of carrying the orders into efiect. But
ous. Ihrv were umMiirtM rffir nr in
precifion. . ." ... . . .
A banker in that country, who was also a
magistrate, having offtnded a-number of.
.U a nuiHDCr OI .
persons by his punishing one of them w.ho , ..
. ? r . -
rnously ajreed to retaliate upon him, and
unani
uer.iome coniiaerauon u.was aiso agreed, ,
that the most effectual mode of dome this
would be to burn s many of the notes derived his existence from the same source -mued
from his bank av.they could collect, Hig iordship quoted, statutes of the reign ot
;by which measure or retaliation the ban. Edvtiard III. nrid Richard II. to prove tfaC
c . Ba.,.sr u. t w5. o ur
0001. He hoped their lordships would not
sanction a sy&temof retaliation similar in its
principle to this Irish measure which, it
should be recollected was adopted by those
who had derived little advantage fro n edu
- .
cation, and who had but little knowledge of
the world. Their lordships on the contrary,
were statesmen, legislators, and men of the
rw, .J . .. . .
world, l lie noble lord contended, that one
nation had no right to alter the law of na
tions i applying this to the orders in council,
which lid alter the law of nations, jand quo
ting opinions of Sir William Scott, Sir Dud
ley Ryan, lord Manjfield, and Mr. Mu'rry,
then attorney-general, and other high legal
authorities, to prove this point; fcc alio what
was considered the law of the land with .res
nsct to the law of nations. IlialortHhin aim
quoua uie worit ox mciean 01 wvcrpooirresv
niniT-'inr-ininiiinr,tnnienpnr.ir.,wnprp"
the same arenment was uicc,d.. He hoped
that that noble earlwould not live to see the
-place from whence he. had. taken his title,
nd which had risen by commerce from a
i: . l. . . . 1 1 i u : .. l .J
alter the law of nations? Those arguments, embargo in ber own defence ; to keep her
were founded upon a principle exprtifly the vessels in her ownliarbors, to prevent their
eoatrary The marhirae frights of -Britain ... being captured ; ajid thus to cause the great,
had become, by ' long usage, incorporated est distress for want of that trade which had
iilh the law of nations;, it was therefore bcqn to them and to ui so greatly beneficial,
contended, and justly contended thatno He contended that every power had a right
power had a, right to make a new law con- to make laws with respect to the entrance of
. 1 it . t. 1 ' 11. . I . ! . 1 I ....
irary 10 i nuf,f 4-iu, pnwcr,wno
entered into the maritimeconfederacy, were
Vi r. t ' . . 1 .
lorccu ior uo3c who Fsrc in inc wrong
t.nnlTie hw tf nations and itt tin sr.
bts oftheif own. wholly contradictory
se'estabruhctTnnciplcs and in the,
ttfthesei
- ft.u.annM lirrliioi in nnmir i.t.r..
Puffcndorff. Crotius, Vattel. and other wri
ters,'
J purrx
had been , set as'u'e in argumrnt for the
. purpose of introducing a new law of nations.
To attempt ta intrqdutt rueh a nevt law wouM
hinefect inlrtduifof a principle which would
Arik,n,n t.n:iv rniMinrv.: infnn... nnrti. hutjr .ican vcssells to come
tend tibarlarist the vfsrli The decisions of
our. courts of admiralty had been invtifjably'
found on the principle, that one power could
r nn al) iko liirvr nfilifini im hnur t K
had been described by an eminent writer, a.
the most worthy to be regarded, because.1
they could not brtnfluenced by the order of
the sovereign, or the caprice of a minister
Now the great principles upon- which theser
decisions were founded wcra to be wholly;'
subverted, a new law of nations was . to b; '
Introduced by this country, and made sub
servient to our own convenienceThis new",
law was to be found in these orders in coun-;
cil, which slated in their preamble as thet
reason for issuing them, that there had beeno
an increased rigor in the execution of thes.
French decree. In order.to "support thls.as-
aertion it shouldhaTe been provedfirst
thait ; there was. ;Tlgoc; and. then, "that that
rigor was increased 5 this assertion in ; the?
preamble could alone authorise the execu-
Hon otthose orders m courts ot admualtv
contrary to the established law ot national.
-?and yet the documents laid before the bouse
men u was saiu inai au ima wasuonc unucr
. the authority of the king's war prerogative.
TheJaw of nations was only operative ira."
time of war, and it were jin absurdity in rea-
rninr nnrl a r ontrnrlirtinn ' in nrinrinlp-1 tf'
tty tnt ;t:could - be abolished 'by .the, Ring''
war preroffaiive uiai mai wnicn oniy exi&icu.
in force in time orwar.iould be stifled 'ir'
its birlh, could be, in its very origin, abroga.
-,.iu l rt.",ni rnt;,. i,;,k w
by tne distinction 'there made between the
. ' u., rnni;. - frt;o.n.M ,i
Ill IJIILl . I J k W IMWI.V .Wl I Jl , B 1 ALA CIIL V
mies, that the principles of the law' of na
- tions, as existing in time of war, were evert
then clearty understood, and seemed, in his
opinion, to negative the counter operation or
any such prerogative. In latter times also
such a prerogative liad not been exercised.
'In 1609, upon an emergency, queen Ann
called her parliament .together, it not seenv
ing to be conceived at that. time that sh
could excrcisV any such prerogative. Ho
could not conceive that it existed now in the
manner preicribed in support of those orders
If, however, tficse onlerstvere thought so
necessary to. ministers, why did they not
communicate them in due season to Arced
cal Instead of this Mr. Monroe was s of
r- r " . .
fered to sail, and Mr. Rose was sent there
i,i,nt htnir informal f .U'inn
- .. 1. -
issuing them A pacific mission was em,
c and in the mean time our ships1-vere sent
out to capture American vessels,, or to force
them into ouryorts Why was ihis resor
ted to? Thiswas no secret expedition;
there was no necessity for concealing infor
mation of an expedition directed against
ships not rigged
We had forced America to resort to art
tciiciiuuu ii www niroors; and in ,w
pint of view, the provision in the or .
11 ...... i c .r tn
, tuuntu wuu ict;t ia cenuicates
arKuraents) to set aside able pSint was tha warning. objection
VVatcK and the other " said on a former nicht, th- j l I8 De5n
trndect trVcontnel Amer' A this as not IR-
' into
sed,
return to the tnipht, if they plea
onsidered r -f own Pofts y Vas this to
ttnti
- cans?, The- - satisfactory to the Amen-
and they c?nc UP nng voysge,
intcn' ,r tgW you cannot ge 1 where you
p0 ed, withoot first coroiag ' Into a British
but you may, if yon j please return
nome. If, whsa hi pracvlsedj in tht court ol
4 .
1 '