'tot tu1h Sch on.thi .ubject-ef. frcra t.e vie which .it;tf i i . r injutic of t rrdr; and 0nhf conKqortto ut most itKrviu Vr e.o,fiHe evrakcu pvhqrli u punucdb) ihe-tomha Ministry fMad,m.. WerecoremcDd it t ihe ptal of oai readers. : ljrd EnVtne rose", and in a most .toouent and'biUliant speech of up wards of.two hours, of which wC V-Inrr llnthlc iO C?VC Til Off thin fninV9Une,wR.ii.i...(vu. raetr of the raw of n-tions, wbicb, rootendcJ, was violated by the Orders in council. The question ,s Lordship observed, vfmcii ihc House bad now to decide, was one of ihc -prcaiesi nupunau i .uht..rf. It was no less than. .ne.ice on which we had hitherto i ... . hrmld continue thai nf rondact towards other na- thYi nmk-d by justice, honor and vxifh hrn nau ih ractemtd thm uj'.ioh j or wncuiri 5h uld' now descend -from tha- .... i . n ami He-Lire lu uie vo -M. thit the tnjuce of Franc, s n'.d b.-cmne a general injustice, and tft.'t all those inorai smcuuns r . .1 vhich haJ hitherto supponcu .a from whence the nations m uu atld had drived security ai d hap. w:ies, snoum us -n - i .. i i i rtc-if mid tnd annulled " " " win such aueV.oni of the order incomcuol-mc nu ui-i;-that thit was a justification or these ord;ts ; let mm noi .i,. nrrrdincr admimstrdt.on hui c'onc. let-not any siicb argument he r - edvanced. This was not a question Utwecniwo adrntnisirauon j t'ua bcttt.en adminlstraiion and the public, between Uiem and tnr i.a tions of the world, all of. whom n-innslr looked to the decision cftlut lu.uscand of Parliament upo. this mor.uotous subject. aw i n-sAhnions he intended to pro- txc went to the point, that tne t, vcrof iu;isla(ion was tested ex-, clusircly in the king, by and with the advice1 of Parliamrnt ; hut thai the V s haxl no ri;ht in council, to cJt t or suspend any law; except in f sudden emereency; and th n that pjrltamcnt ought forthwith m s- called tt cclher to consider of su:h emergency. HowAwasitm ,h,wr larliam-m, instead of be- ,,n.rt together, were fuHher I . v. " O p; .r .-ued t the time these Orders tnccun t were issued, the assistance. Parliammt m'tvrht have becu immc- tfi. -.it lv hal ; Patliimcnt was at the ihioU a:d ready to enter tiutr i.tit ministets chose to tht-m back and'to IcuUlatt nhwut them ; and now after all .u ... tr Pjv1 jn.ent to i.e cffwct to the orders which thr tu issue without the outh.-Tuy t f Parliament whm they mi-; ht have had thit authority He wt.im! a :ouer throw the pa entby wh.ch l.c came there as a inxrof the realm, in o the fife, than consent to sanc tion the exerciie of such a power in the Crown as had bten advised bv Minister! who ...when, they -had ... i . k- dune this act, nan no Parliament to eke out the measure, and to acJd legislatWcenactmehls to riiat hd betnonc witht-ut TCK'srd to the -authority of Pdriiamcnt. I hh act had also been do c in - violation of pic law' of nations, which was a ran cf tne law or the land, undrr vhuh ncu'fals bad hitlitrto traded to ot:r pofts in security. 1 heir trade, and.thetpropeny cmwrked ia it, having bcerC proiccled by the Uxr rfthe UnjJ, The law of Na- ti-ins ennsisu d: ofjhose provisions i which had bee agreed urvm by na tions for. mutual security nd pro trctwn, -wnteK- had r been 4n ' many in tauccs . corErmcd :by trciajes. A dti'tncticn hud 4et)i.liUemp!eil to be Uken enva Tarmcr evening, he tirttn tht.Uwvof nations and the tisaSe of jia'avnaVtx- apPind-. d. liatver, that the firmer gt ew. iu a rcai Yene r ut" of the letter. 1 This hwhid bten found vnuiiial- U bnefiiiai;Vbad bern tnutuaUy; surttionttland clearly denned, anr It decisTons of eminent .lawyers, ber come a patt of the law of the land. lie 'did' no; mean to contena, uiai the law of Rations did not i;ive to a belligercntrthe right oCiretaliating oon. another belligerent : .nui m what way? Instead of. the complex sense which had been given to the word retaliation; let its real mean- he looked to, a" deduced Jrom itc rirtvTion : it wouiu mtn " A 1.1 . U . . be found that it meant the doing a like act to the enemy which he did tp us. An inference had been drawn fr m this interpretation on a former evening, that we were therefore to ct precisely in the same manner as the enemy ; and that if he violated a neutral territory in order to make x more convenient attack, that we were to follow him, sep by step ; no. 'Mich thing. If A struck him ae had aright to strike A ; not for ihe sake of miking, lut in order to ortvent him from continuing the i.tack ; but was i: because he was struck by A, that, therefore, he was lo strike 13 ? So we had a riuht to ctaiia.e the violence or tne injus tice of France, but wchad no Tij;ht o maKC an attack uton the tnno- cnt and tin ifTcnriup n- wtral," If aj .nutrd v .lun Mtiiy acquiesced inj nd agreed tocariy into efiVct an J ri 0 'hostility by one belligerent j gainst another, then she b-came a .irty in the war. If also a nctitrd wa s:j weak that she must submit to the evils of one belligervni, and he belligerent actually prott-ei'.ed o carry into effect his hwstil? de signs by means of the weakness of the neutral, then an act of re taliation by the other belligerent rrtuwt ifivntvt the neMtral. He would not however f.t:.-tif their lotdshiiis byci ingsupposede ass.but would go -roiicc tothecie ot America: i was cleaily proved thit Ameiica h.ulnot acquiesced in the B. rim decrt c, but hdd remonstrated against it ; and its it to be believed, that at the distance of upwaids of three tton vind miles America was to be com pelled by Trance, with scarcely any iijvy- to assist in ca'tymg the Ficr.ch dccts in.o execution i But what could jusrify the'at of retalia-j r execution of : tioo n "'"b - " u .u- ..t .:mic ilfCrr p. If must OU x-c "l y rc.alia.ion. l.j Sn( Uut Ihe French cmpc! waj noun t, ac nau nw - 1 1. . a r,Ai ik tnan nt carrvnil? : . ? eiTect, he hd not vessels . " ' .11 , H to execute it. We, it Seemed , i .iad deurniined to supply rsscls ; ..id o capture, our own g-.ods up-n j :w ocean. 1 he rrtnch emperor . ,,m dus-iov the ti de ui i'.cu- U 1 v. - ' - J I r.U for wair Oil-vesela, but wciiwmn ,ere to put the finUhing hand to t:.;j r , AuiLrif j. with a iot: mtr to half our own ude to evirv ciuarter 01 me gio e, aok 10,000,0001. of our exports, and ; '. ih.m nnt wouki nave con. 1 rirr Pi I lf m . tO Uie I ,7c, ; e but our o'd in council : Puff,, do, IT, Orotius, VMtcl, and ai:L.lr wri'.er, h..d been set as.de m .iiusilui an 1 - rdure America todistiess for want r ,.r iu.n.lni, i,f her i 11- UICIJ J1 t- nrwluce. When a measure, in some dej-ree similar; was resorted to by ihc Fiench g.vern!nent m the year 1795, a right lion. Gen lemanCtben a ,1. nfti..ii. lanclied at it, c III J VI "I a. "--' O thought it absurd to ukt any other notice of it. Had tnis policy been now adopted, our trade m'fjht hat e gone on flourishing, as it did sub sequent to and in spite of the Fiench decree, which might have been 00s ted on the piazzas and posts of Paris:, hut which would have remained u dead letter, and been laughed at by ihe world. How was it now? Fiance hd said that Ameiican vessels coming from ike ports of this coun try should be confiscated, and .We had declared that if they did not first come to bur pojisHbcyhould be i;,Wa ntnrf. v.-vThus we had rendered it imDWe:for the Ame . j in arivvtrade : we. . , . ".r.:- firim K'.i---UiM1t sttmedVuh'e 'reason for issuing :thera,. ,tlun let lately nub isaedrvinaw uruiuui vc:. 'v w- -Trjr; - f . vVii-i f.. r. a . r .rrni-'crIuterV'r 1 1. .k-., ..;AiUn. fnf riKIv remind- then, that tuai ncour w MwPwt u -; - it ,.,ftrtn nf ed him of iiarcumstabce shorttimt: since "occurred mreland. lie did l( H. mean ... a i y "r4 vf J n fnrhe hichlv respected the Bcnereus and brave arraftcrtTof.h f that nan of the United J lunula. - i , Kingtlnm, but altlr ugh displaying muoh genius, iuey .w...-- deficient iu precision. ' A banker in tint country, :whd, was Bhoa tngM"tt having ojknd . ed a' number of persons by bis pu nishlntf we of then. vvh had been ebneerned inaiiot, ihcy unanimous ly agfeedao retaliate upon him, and after some consideration it was also agreed, that the most effectual mode of doing this would be to burn as many f the iutes issued from Ins bankasthtv could collect, by which meaure of retaliation the banker was a gainer of between and 40,'JOO. II- hoped their lordihips would not anrtion a system oi reta liation similar in its principle to this Irish measure, which, it should be recollected was adopted byt those who had derived little advantage from education, knowledge !ndshi'j3. and who had but little of the world. Their on the contrary, were statesman, legislators, and men ol th- wf.ild. The nobh: lord contend- ed, that o'r.e nation hud no, right io j alrtr the law of nations applying tnu r. th orders i:r council,, which j "did alter the law of nations, Sc quot- opinion of Sir William Scot sir Dudley .Ryan, lord Mansfield, and Mr. Murray, then attorney-general, and o her high legal authori t'u s, to prove this point ; and. also wh' w.is considered the law of the lond with respect to thelaw of nations. His lordship also quoted the woik of Ituecarl ofLiveriwol, resptcting.thc ; marnime confederacy, where the ' same argument was urged. IK j hoped that noble earl would not j live to see the place from whence he ' harl j:.ki:n his title, and which hail ; risen oy commerce from a fishing ivillagt, This argument was, be- j sides, deducible-both from pohcy; & tu. ,.nnri ff the'thii.e. What be- I II V - 9 came of the arguments against the marfitne confederacy, it it were t ; be allowed that one power- nana that one power- had a riSht to alter the. law of nations j fhese arguments were lounceu on a principle expressly c-ry. The ma.inn., to( BrHam h hrmt. i)v lunc usacv. iiioor(joi-att. .1 .1 w un hr law ot r.ations ; ana it was . -I .- at k t I if rril- theielore coiu-nua-, uj-; . 1 A .u-w ,'vr h:d ;i I'ifht to tci.iucu njui n t,w..v. - : 0 make a r.ew lav contrary 10 iucsc righs Those povv. is who entered into the maritime confederacy, were c ..m f.r th who are in uk (for were generally ob'fgtd to sup t he t - nng lianti 10 4..;, pui ,:nige amoun . j of arguments) to set aside Puff.-ndoiff , cauied o: a:' Grotu.s. V 'tttl, and the other wn r of the gloSe, i t-rs on the law of nations, and set up . 1 .! . ... t f iKoirmrn: whollv con- pnft themselves ov th r t..Mn jo hi PurT-.ndoiIf arguments ot their ow n, w,ny ,- tr im. i v ... v. . ' ClDlfS i " 1"- I . , art for ihe nurpose 01 mtro ; rh.rinr a nt-vy law oi nauuus to ' ijiiiwi - . 1 law ol nations o ; . -,L Mrr, hrr,. .j.vrf : rco y r:'6' aVitVA ; v.id t rd t bartanse l' '.V The ilet lsiOtlS Ot OUT i courts of admn-alty hud been invari ihe nrincmle, that one power could not alter the law ol m-.tions, without the consent of the whole. Those decisions had been looked to by all Europe, as bring istiictlv conformable to (ke law of nations, and had been described, by inn . mlif nt writer, a the most wor thy to be re?arded,: beqausb they I could not be innuehcedby the order of the sovereign, or the capnee oi the minister. - Now ihe gr.at prm ciples upon which these decisions were f6unded were tp be wholly sub verted, a new law of nations was tu be -introduced by this country, and made subservient to our 'own convt- nicncc ThK new law was Jto : b- ' fonnd in these orders in c unci I ! -..i. -.' Tn nvHoi tn linriOTL tills. aS' ShvV V.and-vet its assertion preamble could alone' authorise the executionr-of tbovc-'ordera; b court? of admiralty : without it, he-orderiT could noC- have 4 been . construed in courts of admiralty, contrary to the established law of nattortaj-and yt the documents Jaid before .the house u mlnUtePaVwhollv failed in proviilg this very assertion, w hich must forhij the ground , oi -cat ry m v into ettect. cut men ie fa that all this was done under the au thoritv of the. king's war prerogative Tiie law; of natrons ya$ only-opera live in time of wan -ao-lUwerean; absurdity in reasoning and attaJ nnnrinlp. to sav that it 1 could be, abolished by the ing wr nrero?aire : that that which only existed in force in time of Varp could De.stineu. m us uuv, .. in its veryorigin; ; abrogated by m opposing prerogative, which aisode-v rived its existence from . the same source. His lordship quoted statute? of the reign of Edward III', and Ri chard.ll. o prove lhat by the dis tinctio'ri-thcre made between the pro pert y of Dt-niztns, foreigners, and enemies, 'hat the prircipls of the liw of nations, as existing m um ofwar, were even then cle rly un derstood, and seemed, in his opinion, o negative the. counter operation ol any such promotive, in later times. also such a prerogative had not occu. exercised. In 1709, upon an emer gencv, queen Atme called her parr Hament together, it not seeming tc be conceived at that time that she c uh! exercise any such prerogative He could-not conceive that ft exited now in he manner prescribed Ijnsrip 4ort of these orders. If, however, hese orders were thought' so nee s ,ary to ministers, whv did thf'y .not communicate: .them in due s ason to Am rica?' Instead of ikis Mr. Mon- ToMas futfcrcd to jaiU & Hose, was s nt there without bdn informed; oftfc int niton of if i th-m. . A tacifir mtjien toarjen . and injn mean tim out .tip w s nt cut, -,o c .p urcslm rican x- f:s, or to fare them into our pert Why was tins csorled to ? th s was -uo secret ex pedition ; there was no necessity for concealing information of an ex: edition directed against shipsnot ritreed. - We had forced America to resort 1 loan embargo in her own defence ; m irpen lit r vessels in her own har bors, to prevent their beingcaptured ; and -.htla to cause the greatest cjls- tiess for want of that trade wincn had bcetv tq them and to us so great- i ly beneficial; He contended mat every power nau a ngnu iu iar. laws with respect to rne ciihvc-i. vessels into us own naroours anu m this noint . of view, the provision in the orders' in council with respect to certificates was, in his opinion, UniUSl. luu"-."---- pvmt was.tht: warning- f . It had. been siid on a former night, that this, was not intended to compel American vessels to come into our ports,' but they might, if they pleased, return to their own ports; Was this to be considered'as ' si. isfactory to the Americans ? .Theycome upon a trading voyagef and they are told you cannot go where you intended, without fiTst coming into a British port, but you may,, if you pkase, return hbme; If, when he practised in the court of king's Bench, he .had. been told, when, he ' hada. brief of great importance, that kin had. Usued an ordar - tn" Westmin.ter'Hallfie must nass through a particular street and pay toll, would it. have been very .satis factory to- him to have .been tpld, we do not compel you to go to West aiinster Hall j but you may r if you please, go. home to your chamber, with.vour batr and go to -sleep ;vo? jf a gardener were to be told . that in "Oing' lO iLyOyeUV UfllUtl-.iM'vv v' Taiiii taReH a circuuou i.wui.-, : t) .y toll by.the w.y would it bemuch rnn-Jjitiarttohimy' Catenvoiartetj0 vbme iff you please, or; you may; 4rged'-tti;jjreat;f WhVrh aTsnbw"rbe de- honour: andeood-taithritcjijiaci . hitherto'acfuated ; orffMJ " "LaI ntii.n fTonldat'once he A abt-dgated, and a .'state 6trhwisn ; substituted for civilizatiotvwJftethejC; ; that right:whrch,bad;htthertosbprr9 -v pre-eminenrly in ' Britain, r gmde and direcV Europe,-: should, atoi, be put oat;iand.Aheieat-an.dtjusfc. m-iheiplea of ihe j a wf; nations en loped in- darlcnessdbscu?ityy Thhpbje lorcdil ing the follrvvlng;r ,1st. at i laws v to bindhoplef thrrij : : isxtlusivelys&d: bynd :with"the;acfVi of thelordi spmiualfatem ariddmmonstira!itjV invpar I sncb i lawsllvCorder ofhtsr ajustPinlyy-TOtjt'C M oOitir manrte-tharv-b . 'If. -vS.l.'That the advi5ing,h4S mnestyv JoIissaefSny prdL&uU; pensirigrwitK pi 8U thc'laws ot the, realms is apigoyt : ulation of henatrjtIajsan constitution thereoX ' ;Whattbi ;sStnVxairiot:ifr bejusUfed bm by and urgentlnecesiyi eridgtnnjglf And that in-every fetich case it tste; A.-Ufuirii.if ttx, ministers t.act v . vise nts majesty auc . bu's . order, ior& wltri'05sseniblef hts pa liaroenty.in order,, aotn... tnaiyxne v 4 cessity of ih,pTxteedings may be -noui ofmidVcfetermin ; and'a t ha t:iluS pro vi hloii nay bejm ad e' fffi ' ;iWp1psaetyb hiVmalsiin par hameht llg? . id.M'hatj the av , of nationa s,a: panoflilelViftH neutral nations, not interpoirtik . he vvrir bit ween :iiis ;.ImaJ&n." nis ent mies have a IeCurlnarht to t,uch freexldm of commerxje - . .- ' . - .lii.-.l ll.ariv'klltllA., ' Vieanon it is sutureu w iucih y law of nations : xf: 4th: That the; I$te orders og his V riiajfcsty infcouncill are .contcarJ;tc; ihohlw of nations, jinismuch 'asJlbej. purport, to ;in terru pt V-te ccrnerc of friendly nations; carryingbiTieirt as)tjmeii;t .Jes between er'oyyn cquhtry&f , the ;ipjort'lofhis niajt4it y Vnemief notactiially blociatltd tween their own cdunuan'd thos majesty's, do minion s Allies ; arid 1 alo,:na as" they purport to cotnpeliuchrde; in tQture trjeome injtoe nrsi inscagceM undpaih of cdrtascation, r tOjgthei) oortsfhU majesty's dominion o?. of htallieg, ; andijher'to.'su such regulations r resirictiotis, -ttindL' ' i duties osiball bejfnpbscd npon tfiertg al independent gnvernments tzA'& an undbuSitghrbqtHnh waj atid convenience, xceptwriere sputjjtily re sirainea pyrtyjj: uau u 1 . jii or "ecluin5gfih chani ofSettSle .tbetmip.rtr EUrbieab raitjiSrli tithe6nr?d iuj :tb' -rHqii-rSnsiQl to?orfrom ihepbUst - f carry 'such ! :ccTti.ficaAc :6,r4btiietgdpi cum n sr: snew ing in w 1 1 at ..count rjr the vessel hatbbeeft'jbsilK'fi b w. ned; by 'irt; sailors' -she irtavW ; gated and in what; cwfyffifficij&X ' ties composing inefeargOlvae be ' gpown priKiucea or m an u laciurea t aS may be- juidgeriecess title; them:to enter; mdH- H And, tHat tbe ihi rjs of frieridlyar Ltions, earrjiiiWp'MPv i OX var j uu uu t ac; c u j , j lave -W J , rule "of ami ty rwjt'h brhcrf ebntrie found to ne trau'Julent . ; ;;foTh majes tybrder noncU, of the 1 1th ol 'NatembeEWafirire .veseisvcarrying .any. tc Aincaccs or dcljmiecian Vclepriargo ;are bbtlP! 4bmirtlrns;!':in m-aivynr'acmet liaeKtertificaieoecum Hogeejtbte ot legally -incur tan p.naivw er'nnlessKp ft t II !i m PS lift I

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