to them that unless they ceased their aggressions America
would hold no intercourse with them; that their ships
would be seized if they ventured into American ports;
that the productions of their soil or industry should
be forfeited. Here was an undisguised menace in
clear, unequivocal terms, and of course, according
to the argument against which I contend, neither France
nor England could deliberate under its pressure without
dishonor. Yet the Emperor of France, certainly
an unexceptionable judge of what the dignity of his
country required, did deliberate, did accept the condition,
did repeal the Berlin and Milan decrees, did not make
any complaint of the act as a threat, though he called
it an injury. Great Britain, too, although at
that time on not very friendly terms with the United
States, made no complaint that her pride was offended.
Her minister on the spot even made a declaration that
the obnoxious orders were repealed. It is true
he was disavowed, but the disavowal was accompanied
by no objections to the law as a threat. Should
the objection be to the nature of the remedy proposed,
and that the recommendation of reprisals is the offensive
part, it would be easy to show that it stands on the
same ground with any other remedy; that it is not
hostile in its nature; that it has been resorted to
by France to procure redress from other powers, and
by them against her, without producing war. But
such an argument is not necessary. This is not
the case of a national measure, either of menace or
action; it is a recommendation only of one branch
of Government to another, and France has itself shown
that a proposal of this nature could not be noticed
as an offense. In the year 1808 the Senate of
the United States annexed to the bill of nonintercourse
a section which not only advised but actually authorized
the President to issue letters of marque and reprisal
against both France and England, if the one did not
repeal the Berlin and Milan decrees and the other
did not revoke the orders in council. This clause
was not acceded to by the Representatives, but it was
complete as the act of the Senate; yet neither France
nor England complained of it as an indignity.
Both powers had ministers on the spot, and the dignity
of neither seems to have been offended.
If the view I have now taken of the subject be correct;
if I have succeeded in conveying to His Majesty’s
ministers the conviction I myself feel that no right
exists in any foreign nation to ask explanations of
or even to notice any communications between the different
branches of our Government; that to admit it even in
a single instance would be a dangerous precedent and
a derogation from national dignity, and that in the
present instance an explanation that ought to be satisfactory
has been voluntarily given, I have then demonstrated
that any measure founded on such supposed right is
not only inadmissible, but is totally unnecessary,
and consequently that His Majesty’s ministers
may at once declare that previous explanations given
by the minister of the United States, and subsequently
approved by the President, had satisfied them on the
subject of the message.