'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