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MR. MONROE TO MR. FOSTER.

captain Bingham made the attack and without a justifiable cause.

Department of state, Sept. 14, 1811. SIR-I have had the honor to receive your letter That commodore Rodgers pursued a vessel which of the 4th instant respecting the encounter between had at first pursued him, and hailed her as soon as the United States' frigate the President and his Bri he approached within a suitable distance, are cirtannic majesty's ship Little Belt, which I have laid cumstances which can be of no avail to captain before the president of the United States. Bingham. The United States have a right to know In the first interview which took place between the national character of the armed ships which us, after your arrival at Washington, I stated ex-hover on their coast, and whether they visit it with plicitly that no instructions had been given to take friendly or illicit views. It is a right inseparable any seamen from on board a British ship of war, nor from the sovereignty of every independent state, any order whatever of a hostile nature, I made the and intimately connected with their tranquility and same declaration afterwards at your request, in a peace. All nations exercise it, and none with more more formal manner; and it is with the same frank-rigor, or at a greater distance from the coast, than ness that I now again repeat it. Great Britain herself, nor any on more justifiable

Such a declaration was deemed proper in order grounds, than the United States. In addition to to obviate misapprehensions which might obstruct the considerations which have recommended these any conciliatory and satisfactory propositions with precautions to other powers, it is rendered of the which you might be charged. It was in conformity more importance to the United States by the prac also with the candor and friendly policy which have tice of armed vessels from the West-Indies, investbeen shewn by this government in all its transac-ing our coast for unauthorised and even piratical tions with Great Britain. purposes. Instances have also occurred, in which If the answer to your former letter was limited to the commanders of British ships of war, after imthis disavowal of hostile intentions on the part of pressing seamen from American vessels, have conthis government, it need scarcely be remarked, that cealed their names, and the names of their ships, no further view of the subject could then nor as yet whereby an application to their government for the can be entered into on the demand of the British reparation due for such outrages, with the requisite government, without forgetting an essential preli certainty, is rendered impracticable. For these minary to such a demand reasons the conduct of commodore Rodgers, in apIt might be added that with the circumstances proaching the Little Belt to make the necessary inof the transaction, as officially before this govern- quiries, and exchange a friendly salute was strictly ment, the true ground on which it claimed attention correct.

was that of a violent aggression by a British on an The president, therefore, can regard the act of American ship, in a situation and manner authoris-captain Bingham no otherwise than as a hostile ag ing the strongest appeal to the British government gression on the flag of the United States, and he is for redress. If an instant representation and demand persuaded that his Britannic majesty, viewing it in to that effect were not made, it was a proof only the same light, will bestow on it the attention which that this government permitted the event of the it merits. With great respect, &c. encounter to temper the feelings and retard the complaint, prompted by the origin and character Augustus J. Foster, Esq. &c. &c.

of it.

No

JAMES MONROE.

MR. FOSTER TO MR. MONROE.

Washington, October 26, 1811.

It is not seen without surprise that the case of the Chesapeake is cited as an example supporting a demand of reparation in the present case. other remark will be made than that the fifth year of the 11th instant, inclosing a copy of the proceed. SIR, I have had the honor to receive your letter is now elapsing without reparation in that case, ings of a court of inquiry held by order of the prealthough so palpably and even confessedly due to sident of the United States, on the conduct of comthe rights of the U. States and honor of their flag..

In the instruction to captain Bingham thus frankmodore Rodgers in the late encounter between a ly communicated, the president sees a token of ami-frigate of the United States, the President, and ty and conciliation which, if pursued in the extent his majesty's ship the Little Belt, fixing on captain corresponding with that in which these sentiments Bingham the charge of having commenced the are entertained by the United States, must hasten a termination of every controversy which has so long subsisted between the two countries. I have the honor to be, &c.

(Signed) JAS. MONROE. Augustus J. Foster, Esq. &c. &c. &c.

MR. MONROE TO MR. POSTER.
MON

engagement, and claiming in consequence the attention of his majesty's government towards it, as to an act of hostility on the part of the British officer.

I may be permitted to remind you, sir, that after I had ascertained from you that no hostile intentions on the part of the government of the United States were connected with the proceedings of captain Rodgers, all I asked in the first instance was, that the president of the United States would be pleased Department of State, Oct. 11, 1811. to order an inquiry into his conduct, which had SIR-I have the honor to transmit to you a copy tended so seriously to interrupt the harmony subof the proceedings of the court of inquiry, held by sisting between our two countries; and which havorder of the president on the conduct of commodore ing hitherto received no palliation whatever from Rodgers, in the late encounter between a frigate of any evidence in contradiction of captain Bingham's the United States the President, and his Britannic statement as officially transmitted to his majesty's majesty's ship the Little Belt. government, must have continued to them to be

The result of this inquiry which was conducted utterly incapable of receiving any. in public in a manner the most fair and impartial, The document you have now done me the honor and established by the concurrent testimony of all to communicate to me with a copy annexed, of the officers of the American ship, and of others captain Rodgers' letter, (for the first time officially whom it was proper to summon, cannot, it is pre-before me) is however so far satisfactory as it shows sumed, leave a doubt in the mind of any one that that captain Rodgers has endeavored to exculpate

MR. MONROE TO MR. FOSTER,

himself, exhibiting the ground on which he rests his defence, and I shall without delay transmit it to Department of State, July 6, 1811. be laid before his royal highness the prince regent SIR-I have had the honor to receive your letter It certainly proves a most unaccountable difference of the 2d inst. in which you express the regret of to exist between the statement of the commander his royal highness the prince regent, at the depar and officers of the Little Belt and those of the Pre ture of the American minister from Great Britain, sident, as to the firing of the first gun; but I must and state that it was one of the first acts of his goremark that from the concurrent testimony of seve-vernment to appoint an envoy extraordinary and ral of the officers of the United States' ship, as to minister plenipotentiary to the government of the the orders given by captain Rodgers on nearing the United States, with a view of maintaining the subLittle Belt, there appears to have been an impressisting relations of friendship between the two sion on his mind that an encounter was to ensue, countries, and that he was solicitous to facilitate an and as the Little Belt was evidently endeavoring to amicable discussion with the government of the avoid him such an idea it would seem, could only United States upon every point of difference which have arisen from the opinion he entertained of his had arisen between the two governments. own proceedings as being likely to bring it on.

AUG. J. FOSTER.

servant,
To the hon. James Monroe, &c. &c. &c.

I take this occasion to acknowledge the receipt of I am instructed by the president to acknowledge your letter dated September 14, in answer to mine to you the great satisfaction, which he has derived of the 2d, a copy of which I immediately forward- from the communication which you have made of ed to my government. the disposition of his royal highness, the prince I have the honor to be, with the highest conside-regent, to cultivate friendship with the United ration and respect, sir, your most obedient humble States, and to assure you that the prompt and friendly measure, which he adopted, by the appointment of an envoy extraordinary and minister plenipotentiary to this country, to maintain the relations of [The above concludes the correspondence be- friendship and facilitate an amicable discussion on tween Mr. Monroe and Mr. Foster, and embraces every point of difference that had arisen between the whole of it, with the exception of the three fol- the two governments, is considered as a favorable lowing notes, which appear to have been introduc- and interesting proof of that disposition. tory to the opening of the written intercourse between the secretary of state and the British minister.]

FROM MR. FOSTER TO MR. MONROE.

Washington, July 2, 1811. SIR-I have the honor to inform you that I have received the special commands of his royal highness the prince regent, acting in the name and on the behalf of his majesty, to make an early communication to you of the sentiments which his royal highness was pleased on the part of his majesty, to express to Mr. Pinkney, upon the occasion of his audience of leave.

His royal highness signified to Mr. Pinkney the deep regret with which he learnt that Mr. Pinkney conceived himself to be bound by the instructions of his government to take his departure from England.

His royal highness informed Mr. Pinkney, that one of the earliest acts of his government, in the name and on the behalf of his majesty, was to ap point an envoy extraordinary and minister pleni potentiary to the government of the United States; and added that this appointment had been made in the spirit of amity, and with a view of maintaining the subsisting relations of friendship between the

two countries.

I am also instructed by the president to state his ready disposition to meet in a similar spirit these frank and friendly assurances of the prince regent, and that nothing will be wanting, on his part, consistent with the rights of the United States, that may be necessary to promote the re-establishment, in all respects, of that good understanding between the two countries, which he considers to be highly important to the interests of both.

Permit me to add, sir, that if, as the organ of my government, I can be, in any degree, instrumental, in concert with you, in promoting such a result, shall derive from it a very great and sincere satisfaction.

I have the honor to be, &c. (Signed)

JAMES MONROE.

MR. FOSTER TO MR. MONROE.

Washington, July 7, 1811.

SIR-I beg leave to acknowledge the receipt of your letter dated yesterday, in answer to mine of the 2d inst. and to assure you that it gives me very sincere pleasure to have to transmit for the purpose of being laid before his royal highness the prince regent, acting in the name and on the behalf of his His royal highness further declared to Mr. Pink. majesty, so satisfactory a testimony of the amicable ney that he was most sincerely and anxiously desir- manner in which the president of the United States ous on the part of his majesty, to cultivate a good has received the instances and assurances of a friendunderstanding with the United States by every ly disposition on the part of his royal highness, tomeans consistent with the preservation of the mari.wards the United States, which, by command of his time rights and interests of the British empire. royal highness, I had the honor to communicate to His royal highness particularly desired that Mr. the president, through you. Pinkney would communicate these declarations to The assurances which you have added, sir, of the the United States in the manner which might ap- gratification that you would yourself derive if, as the pear best calculated to satisfy the president of his organ of your government, you could be instru royal highness' solicitude to facilitate an amicable mental towards re-establishing a good understanddiscussion with the government of the United States ing between both our countries, are too congenial upon every point of difference which had arisen with my own feelings on the subject, not to be rebetween the two governments. ceived with very high satisfaction.

I have the honor to be, with the greatest respect and consideration, sir, your most obedient humble AUG. J. FOSTER. servant,

To the hon. James Monroe, &c. &c. &c.

I have the honor to be, with the highest consideration and respect, sir, your most obedient humble seivant, AUG. J. FOSTER.

Letters of Mr. Pinkney, our late minister to Great
Britain, to the secretary of state, and of Mr. Rus
sel, our late charge d'affaires in France to Mr.
Pinkney.

MR. PINKNEY TO MR. SMITH.

London, January 17, 1811.

The purport of this declaration appeared to be that the repeal of the decrees of Berlin and Milan would take effect from the 1st of November, provided that Great Britain, antecedently to that day, and in consequence of this declaration, should revoke the orders in council, and should renounce SIR- had the honor to receive on the 6th inst. those principles of blockade which the French gowhile I was confined by a severe illness, your let-vernment alleged to be new. A separate condition ter of the 15th of November, and as soon as I was relating to America seemed also to be contained in able, prepared a note to lord Wellesley in conformi-this declaration, by which America might underty with it. stand that the decrees of Berlin and Milan would

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On the 3d instant, I had received a letter from be actually repealed on the 1st of November, 1810, lord Wellesley, bearing date on the 29th ultimo, on provided that America should resent any refusal of the subjects of the orders in council and the British the British government to renounce the new prinblockades, to which I was anxious to reply, at the ciples of blockade and to revoke the orders in counsame time that I obeyed the orders of the president cil. signified in your letter abovementioned." 1 pre By your explanation it appears that the American pared an answer accordingly, and sent it in with the government understands the letter of the French other note, and a note on the 15th respecting two minister as announcing an absolute repeal on the American schooners lately captured on their way 1st of November, 1810, of the French decrees of to Bordeaux, for a breach of the orders in council. Berlin and Milan, which repeal, however, is not to Copies of all these papers are enclosed. continue in force, unless the British government My answer to lord Wellesley's letter was written within a reasonable time after the 1st of November, under the pressure of indisposition and the influ 1810, shall fulfil the two conditions stated distinctly ence of more indignation than could well be sup in the letter of the French minister. Under this pressed. His letter proves, what scarcely required explanation, if nothing more had been required proof, that if the present government continues, from Great Britain for the purpose of securing the we cannot be friends with England. I need not continuance of the repeal of the French decrees analyse it to you.

than the repeal of our orders in council, I should I am still so weak as to find it convenient to make not have hesitated to declare the perfect readiness of this letter a short one, and will therefore only add, this government to fulfil that condition. On these that I have derived great satisfaction from your in- terms the British government has always been sinstructions of the 15th of November, and have de cerely disposed to repeal the orders in council It termined to return to the United States in the appears, however, not only by the letter of the Essex. She will go to L'Orient for Mr. Grayson, French minister but by your explanation, that the and then come to Cows for me and my family. I repeal of the orders in council will not satisfy either calculate on sailing about the last of February. the French or the American government. The The choice of a charge d'affaires embarrasses me British government is further required by the letter exceedingly, but I will do the best I can. The of the French minister to renounce those princidispatches by the Essex were delivered to me by ples of blockade which the French government allieutenant Rodgers on Sunday. I have the honor leges to be new. to be, &c. WM. PINKNEY. Robert Smith, Esq. &c. &c. &c.

LORD WELLESLEY TO MR. PINKNEY.

A reference to the terms of the Berlin decree will serve to explain the extent of this requisition. The Berlin decree states that Great Britain "extends the right of blockade to commercial unfortified towns, and to ports, harbors Foreign Office, December 29, 1810. and mouths of rivers, which according to the prisSIR-In acknowledging the receipt of your letter ciples and practice of all civilized nations is only of the 10th instant, I must express my regret that applicable to fortified places." On the part of the you should have thought it necessary to introduce American government, I understand you to require into that letter any topics which might tend to in that Great Britain should revoke her order of blockterrupt the conciliatory spirit in which it is the ade of May, 1806. Combining your requisition sincere disposition of his majesty's government to with that of the French minister, I must conclude, conduct every negociation with the government of that America, demands the revocation of that order the United States. of blockade as a practical instance of our renuncia

From an anxious desire to avoid all discussion of tion of those principles of blockade which are conthat tendency, I shall proceed without any further demned by the French government. Those prinobservation to communicate to you the view which ciples of blockade Great Britain has asserted to be his majesty's government has taken of the principal ancient and established by the laws of maritime question, which formed the object of my enquiry war, acknowledged by all civilized nations, and on during our conference of the 5th instant. The let which depend the most valuable rights and interests ter of the French minister for foreign affairs to the of this nation. If the Berlin and Milan decrees American minister at Paris, of the 7th August,1810, are to be considered as still in force, unless Great did not appear to his majesty's government to con Britain shall renounce these established founda tain such a notification of the repeal of the French tions of her maritime rights and interests, the pe decrees of Berlin and Milan as could justify his riod of time is not yet arrived, when the repeal of majesty's government in repealing the British or- her orders in council can be claimed from her, eiders in council. That letter states, "That the ther with reference to the promise of this governdecrees of Berlin and Milan are revoked, and that ment or to the safety and honor of the nation"from the first of November, 1810, they will cease I trust that the justice of the American govern"to be in force, it being understood that in consement will not consider, that France by the repeal "quence of this declaration the English shall revoke of her obnoxious decrees under such à condition, "their orders in council and renounce the new has placed the question in that state which can "principles of blockade, which they have attempt warrant America in enforcing the non intercourie **ed to establish,"’ act against Great Britain and not against France

In reviewing the actual state of this question Ame-, than a perseverance in oppressive novelties, as ob rica cannot fail to observe the situation in which the viously incompatible with such a disposition in commerce of neutral nations has been placed by those who enforce them, as in those whose patience many recent acts of the French government.-they continue to exercise.

Nor can America reasonably expect that the system Upon the commencement, of the second paraof violence and injustice now pursued by France graph I must observe, that the forbearance, which with unremitted activity, (while it serves to illus- it announces, might have afforded some satisfactrate the true spirit of her intentions) should not tion, if it had been followed by such admissions as require some precautions of defence on the part of my government is entitled to expect, instead of a Great Britain. further manifestation of that disregard of its deHaving thus stated my view of the several consi-mands by which it has so long been wearied. It has derations arising from the letter of the French never been my practice to seek discussions of which minister, and from that with which you have honor- the tendency is merely to irritate; but I beg your ed me, it remains only to express my solicitude, lordship to be assured that I feel no desire to avoid that you should correct any interpretation of either them, whatever may be their tendency, when the which you may deem erroneous. If either by the rights of my country require to be vindicated terms of the original decree to which the French against pretensions that deny and conduct that inminister's letter refers, or by any other authentic fringes them.

document you can prove, that the decrees of Berlin If I comprehend the other parts of your lordship's and Milan are absolutely repealed, and that no fur-letter they declare in effect that the British governther condition is required of Great Britain than the ment will repeal nothing but the orders in council, repeal of her orders in council, I shall receive any and that it cannot at present repeal even them, besuch information with most sincere satisfaction, cause, in the first place, the French government desiring you to understand that the British govern has required, in the letter of the duke of Cadore to ment retains an anxious solicitude to revoke the orgeneral Armstrong of the the 5th of August, not ders in council, as soon as the Berlin and Milan de crees shall be effectually repealed without conditions injurious to the maritime rights and honor of the united kingdom.

I have the honor to be, with the greatest respect and consideration, sir, your most obedient humble servant,

(Signed)

WELLESLEY.

MR. PINKNEY TO LORD WELLESLEY.

Great Cumberland Piace, 14th Jan. 1811 MY LORD,I have received the letter which you did me the honor to address to me on the 29th of last month, and will not fail to transmit a copy of it to my government.

only that Great Britsin shall revoke those orders,
but that she shall renounce certain principles of
blockade (supposed to be explained in the preamble
to the Berlin decree) which France alleges to be
new; and, in the second place, because the Ameri-
can government has (as you conclude) demanded
the revocation of the British order of blockade of
May 1806,as a practical instance of that same renun-
ciation, or in other words, has made itself a party,
not openly indeed but indirectly and covertly, to
that requisition.
the entire requisition of France, as you understand

It is certainly true that the American government In the mean time, I take the lihas required, as indispensable in the view of its acts beity to trouble you with the following reply, of intercourse and non-intercourse, the annulment which a severe indisposition has prevented me from of the British blockade of May 1806, and further that it has through me declared its confident expecpreparing sooner. The first paragraph seems to make it proper for tation that other blockades of a similar character me to begin by saying, that the topics introduced into my letter of the 10th of Dec. were intimately connected with its principal subject, and fairly used to illustrate and explain it; and consequently that, if they had not the good fortune to be accept able to your lordship, the fault was not mine.

(including that of the island of Zealand) will be discontinued. But by what process of reasoning your lordship has arrived at the conclusion, that the government of the United States, intended by this requisition, to become the champion of the edict of Berlin, to fashion its principles by those of France, while it affected to adhere to its own, and to act upIt was scarcely possible to speak, with more moderation, than my paper exhibits, of that portion of on some partnership in doctrines, which it would a long list of invasions of the rights of the United fain induce you to acknowledge but could not preStates, which it necessarily reviewed, and of the vail upon itself to avow, I am not able to conjecture. apparent reluctance of the British government to The frank and honorable character of the Ameriforbear those invasions in future. I do not know can government justifies me in saying that, if it had that I could more carefully have abstained from meant to demand of Great Britain an abjuration of whatever might tend to disturb the spirit which all such principles as the French government may your lordship ascribes to his majesty's government, think fit to disapprove, it would not have put your if, instead of being utterly barren and unproduc lordship to the trouble of discovering that meaning tive, it had occasionally been visible in some prac by the aid of combinations and inferences discountical result, in some concession either to friendship tenanced by the language of its minister, but would or to justice. It would not have been very surpris. have told you so in explicit terms. ing, nor very culpable, perhaps, if I had wholly for gotten to address myself to a spirit of conciliation, which had met the most equitable claims with steady and unceasing repulsion; which had yield ed nothing that could be denied; and had answer. ed complaints of injury by multiplying their causes. The principles of blockade which the American With this forgetfulness, however, I am not chargea government professes, and upon the foundation of ble; for, against all the discouragements suggested which it has repeatedly protested against the order by the past, I have acted still upon a presumption of May 1806, and the other kindred innovations of that the disposition to conciliate, so often professed, these extraordinary times, have already been sq would finally be proved by some better evidence clearly explained to your lordship, in my letter o

What I have

to request of your lordship, therefore, is, that you will take our views and principles from our own mouths, and that neither the Berlin decree nor any other act of any foreign state, may be made to speak for us what we have not spoken for ourselves.

the 21st of September, that it is hardly possible to, besieged place is the evidence by which we decide read that letter and misunderstand them. Recom whether the siege which may be commenced, raismended by the plainest considerations of universal ed, recommenced and raised again, is continued or equity, you will find them supported by a strength not; that of course a mere notification to a neutral of argument, and a weight of authority, of which minister shall not be relied upon, as affecting, with they scarcely stand in need, in the papers, which knowledge of the actual existence of a blockade, will accompany this letter, or were transmitted in either his government or its citizens, that a vessel, that of September. I will not recapitulate what I cleared or bound to a blockaded port, shall not be cannot improve; but I must avail myself of this considered as violating in any manner the blockade, opportunity to call your lordship's attention a unless on her approach towards such port she second time, in a particular manner, to one of the shall have been previously warned not to enter papers to which my letter of September refers. Iit; that this view of the law, in itself perfectly allude to the copy of an official note, of the 12th of correct, is peculiarly important to nations situated April 1804, from Mr. Merry to Mr. Madison, re. at a great distance from the belligerent parties, and specting a pretended blockade of Martinique and therefore incapable of obtaining other than tardy Guadaloupe. No comment can add to the value of information of the actual state of their ports, that that manly and perspicuous exposition of the law of blockade, as made by England herself, in mainte nance of rules, which have been respected and up held, in all seasons and on all occasions, by the government of the United States. I will leave it, therefore, to your lordship's consideration, with only this remark, that, while that paper exists, it will be superfluous to seek in any French document for the opinions of the American government on same time repel the commerce of the rest of the the matter of it.

whole coasts and countries shall not be declared (for they can never be more than declared) to be in a state of blockade, and thus the right of blockade be converted into the means of extinguishing the trade of neutral nations; and lastly that every blockade should be impartial in its operation, or in other words, shall not open and shut for the convenience of the party that institutes it, and at the

world, so as to become the odious instrument of an unjust monopoly, instead of a measure of honorable war.

The steady fidelity of the government of the United States to its opinions on that interesting subject is known to every body. The same princi These principles are too moderate and just to furples, which are found in the letter of Mr. Madison to nish any motive to the British government for hesiMr. Thornton of the 27th of October 1803, already tating to revoke its orders in council and those anabefore you, were asserted in 1799, by the American logous orders of blockade which the United States minister at this court, in his correspondence with expect to be recalled. It can hardly be doubted lord Grenville, respecting the blockade of some of that Great Britain will ultimately accede to them in the ports of Holland; were sanctioned, in a letter their fullest extent; but if that be a sanguine calof the 20th of September 1800, from the Secretary of State of the United States to Mr. King, of which an extract is enclosed; were insisted upon in re peated instructions to Mr. Monroe, and the special mission of 1806; have been maintained by the United States against others, as well as against Eng With regard to the rules of blockade which the land, as will appear by the enclosed copy of instruc French government expects you to abandon, I do tions, dated the 21st of October 1801, from Mr. Se-not take upon me to decide whether they are such cretary Madison to Mr. Charles Pinkney, the Ame rican minister at Madrid; and finally were adhered to by the United States when belligerent, in the case of the blockade of Tripoli.

culation, (as I trust it is not) it is still incontrovertible, that a disinclination at this moment to acknowledge them, can suggest no rational inducement for declining to repeal, at once, what every principle disowns, and what must be repealed at last.

as your lordship supposes them to be or not. Your view of them may be correct; but it may also be erroneous; and it is wholly immaterial to the case between the United States and Great Britain whe

A few words will give a summary of those princi-ther it be the one or the other. ples; and when recalled to your remembrance, I am As to such British blockades as the United States not without hopes that the strong grounds of law and right on which they stand will be as apparent to your lordship as they are to me.

desire you to relinquish, you will not, I am sure, allege that it is any reason for adhering to them that France expects you to relinquish others. If It is by no means clear that it may not fairly be our demands are suited to the measure of our own contended, on principle and early usage, that a ma rights, and of your obligations as they respect those ritime blockade is incomplete with regard to states at rights, you cannot think of founding a rejection of peace, unless the place which it would affect is in them upon any imputed exorbitance in the theories vested by land as well as by sea. The United States, of French government, for which we are not responhowever, have called for the recognition of no such sible, and with which we have no concern. If, rule. They appear to have contented themselves when you have done justice to the United States, with urging in substance, that ports not actually your enemy should call upon you to go farther, blockaded by a present, adequate, stationary force, what shall prevent you from refusing? Your free employed by a power which attacks them shall not agency will in no respect have been impaired. Your be considered as shut to neutral trade in articles case will be better, in truth and in the opinion of not contraband of war; that, though it is usual mankind, and you will be therefore, stronger in for a belligerent to give notice to neutral nations maintaining it; provided that, in doing so you rewhen he intends to institute a blockade, it is pos- sort only to legitimate means and do not once sible that he may not act upon his intention at all, more forget the rights of others while you seek to or that he may execute it insufficiently, or that he vindicate your own, Whether France will be samay discontinue his blockade, of which it is not tisfied with what you may do, is not to be known customary to give any notice; that consequently, by anticipation, and ought not to be a subject of the presence of the blockading force is the natural inquiry. So vague a speculation has nothing to do criterion by which the neutral is enabled to ascer with your duties to nations at peace, and, if it had, tain the existence of the blockade at any given pewould annihilate them. It cannot serve your inte riod, in like manner as the actual investment of a rests; for it tends to lessen the number of your

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