1.
and the revocation of my library privileges
2.
revocation of gun licenses
3.
d'Epinay is coming back, to settle this affair at once beyond all possibility of revocation
4.
Where then had Peter meant the rest of the money to go—and where the land? and what was revoked and what not revoked—and was the revocation for better or for worse? All emotion must be conditional, and might turn out to be the wrong thing
5.
Beneath a great tree in the neighborhood fell the German general, Duplat, descended from a French family which fled on the revocation of the Edict of Nantes
6.
“This sentence is the direct result of the most glaring judicial perversion and error,” he continued, impressively, “and there are grounds for its revocation
7.
How long their arbitrary edicts will be continued, in spite of the demonstrations that not even a pretext for them has been given by the United States, and of the fair and liberal attempt to induce a revocation of them, cannot be anticipated
8.
, That in all cases in which, by the said ordinance, any information is to be given, or communication made by the Governor of the said territory to the United States in Congress assembled, or to any of their officers, it shall be the duty of the said Governor to give such information, and to make such communication to the President of the United States; and the President shall nominate, and by and with the consent of the Senate, shall appoint all officers which by the said ordinance were to have been appointed by the United States in Congress assembled, and all officers so appointed shall be commissioned by him; and in all cases where the United States in Congress assembled, might, by the said ordinance, revoke any commission or remove from any office, the President is hereby declared to have the same power of revocation and removal
9.
Whilst I take pleasure in doing justice to the councils of His Britannic Majesty, which, no longer adhering to the policy which made an abandonment by France of her decrees a prerequisite to a revocation of the British orders, have substituted the amicable course which has issued thus happily, I cannot do less than refer to the proposal heretofore made on the part of the United States, embracing a like restoration of the suspended commerce, as a proof of the spirit of accommodation which has at no time been intermitted, and to the result which now calls for our congratulations, as corroborating the principles by which the public councils have been guided during a period of the most trying embarrassments
10.
said it could not escape observation, that, in the overtures made by the British Cabinet for the revocation of the Orders in Council of the 7th of January and the 11th of November, the obligation to protect our neutral rights against France, heretofore offered on the part of our Government, in case of her perseverance in her hostile edicts, had been entirely overlooked, or unconditionally dispensed with
11.
Canning must have acted under this impression when he agreed to make the honorable reparation he had done for the unauthorized attack upon the Chesapeake, without requiring a previous revocation of the interdiction of British ships
12.
As this revocation was not demanded nor promised, the arrangement now ought to be made on general principles of justice
13.
He said that no gentleman had yet manifested an intention of removing the interdiction upon British armed ships, until she had actually executed her promise of reparation; and, if the execution of the promise were to precede the revocation of the interdiction, the mode of revocation by treaty, as pointed out by his proposition, would be nearly contemporaneous with that proposed by gentlemen, if now enacted into a law, and it would have an evident advantage, as it respected the feelings of Great Britain
14.
The mode recommended by gentlemen is founded upon a want of confidence in the promise of Great Britain, and an ungracious demand for its execution, as preliminary to the revocation, while the mode pointed out by treaty, is founded upon a confidence in the promise; and, without requiring its execution, will insure our own safety by the mere exercise of municipal right; a right which is unquestionable; vouched to be so by Mr
15.
And what, I ask this House, has the British Minister given us in requital for this change of our position in relation to him and his rival belligerent? The revocation of the Orders in Council—this is the mighty boon
16.
Jackson was charged, not only to require the first advance from us, to wit: that in the document which should contain the adjustment of that affair, the revocation of the President's proclamation of 1807, interdicting the British armed ships from our own water, should be recited as an indispensable preliminary; but to require from us also the violation of the principles of our naturalization laws, by insisting on the surrender of foreigners who had become naturalized
17.
Before he would deign to make known to the President the nature and extent of the reparation he was authorized to offer, he demanded the revocation of the President's proclamation; in plain terms informing this nation that its Government should make concessions to His Majesty for using precautionary measures against the lawless acts of his officers, as a prerequisite to a tender of the reparation His Majesty had condescended through him to offer
18.
These being the only known edicts of France within the description of the act, and the revocation of them being such that they ceased at that date to violate our neutral commerce, the fact, as prescribed by law, was announced by a proclamation, bearing date the second day of November
19.
To a communication, from our minister at London, of a revocation, by the French Government, of its Berlin and Milan decrees, it was answered, that the British system would be relinquished as soon as the repeal of the French decrees should have actually taken effect, and the commerce of neutral nations have been restored to the condition in which it stood previously to the promulgation of those decrees
20.
On the second day of November, the President had proclaimed, as a fact, that France had made the necessary revocation; and it follows, if he was correct as to the fact, that on the second day of this month, the non-intercourse went into operation against Great Britain
21.
Chairman, we naturally ask ourselves, what edicts are to be revoked, and how are they to be revoked? It is not material to extend this inquiry to Great Britain, as we know of no revocation on her part, and, under all circumstances, we have not, I fear, much reason to believe that there will be such revocation
22.
Erskine proposed to Secretary Smith the revocation of the orders in council of January and November, 1807, as a compliance on the part of Great Britain with the terms of the act of March; and our Secretary, on the same day, declaring that the withdrawing of such orders would be deemed satisfactory by the President, the arrangement was completed on the 19th, and a proclamation accordingly issued on the ground, and assuming the fact, that the British edicts had ceased to violate our neutral commerce, and again opening the intercourse between the two countries after the 10th of June
23.
The revocation of the orders in council of January and November was not to satisfy us, but the blockade of the year preceding was to be also annulled
24.
Pinkney will let it be distinctly understood, that it must necessarily include an annulment of the blockade of 1806;" and our minister accordingly, in his letter to Lord Wellesley, of the 21st of September, tells him it is his duty to state "that an annulment of the blockade of May, 1806, is considered by the President to be as indispensable, in the view of the act, as the revocation of the British orders in council
25.
A revocation or modification of these decrees, so that they should cease to violate our fair commerce, therefore, would look as well to an indemnity for the past as a security for the future; it necessarily includes a restoration of the property already taken, as well as an engagement against future captures
26.
We will now examine whether there has been such a revocation of the Berlin and Milan decrees as warranted the proclamation
27.
He was to ascertain when there was an actual and practical revocation, and then make known the fact; the consequences were left with the legislature
28.
It is now known and acknowledged that the President had not, and to this moment has not, any other evidence of a revocation
29.
Now, sir, in this letter, I see neither the form nor the substance of a revocation
30.
But if the contents of this letter had been embodied in a formal act, would it have amounted to such a revocation or modification of the Berlin and Milan decrees, as that they ceased to violate our neutral commerce?
31.
I remark first, that the revocation, if it be one, was a future and not a present revocation
32.
But, again: the revocation, if any, was not only future, but it was also conditional; "it being understood, that in consequence of this declaration, the English shall revoke their Orders in Council and renounce the new principles of blockade which they have wished to establish, or that the United States, conformably to the act you have just communicated, shall cause their rights to be respected by the English
33.
Now, with this declaration before him, is it to be credited that the Emperor would revoke his decrees, when he was given to understand that the revocation would lead to no result on our part, inasmuch as he did not release our property? Is it not obvious, from this circumstance alone, that the letter is a mere proposition in answer to the one made by our Government, expressive of the views, and stating the terms on which the Emperor would revoke?
34.
As this seizure was made under the decrees, it shows the impression in France to be, that they still are existing and in force; and the evidence is the stronger, as coming from the custom-house of one of the principal trading towns, where surely the revocation must have been officially known, if it had taken place
35.
The revocation of but one blockade, viz: that of May, 1806, is included in the demand of the Executive
36.
I will, however, first show from the correspondence, that the President did not, under the act of the last session, require the revocation by Great Britain of any blockade except that of May, 1806; and then, that from the peculiar features of that blockade, it must have been included in the demand made under the act of the last session
37.
—"The only conditions required for the revocation, by his Majesty the Emperor, of the decree of Berlin, will be a previous revocation, by the British Government, of her blockades of France, or a part of France, (such as that from the Elbe to Brest, &c
38.
Besides, the non-intercourse act has expressly authorized and directed him, by proclamation, to declare the fact of the revocation or modification of the edicts which the belligerents were by that act invited to revoke
39.
Then the treaty revoking the Orders in Council was rejected by the British Government; but now, in the case of France, the revocation of her decrees is confirmed and carried into full effect
40.
Sir, this gentleman has told us that the non-intercourse act is not in force, and that the American people will not submit to its execution, notwithstanding the revocation of the French decrees, the continuation of the British Orders in Council, and the President's proclamation
41.
The act to be done was, the revocation or modification of the edicts
42.
The effect to be produced was that this revocation or modification should be such as that these edicts should "cease to violate our neutral commerce
43.
In considering the question whether the fact of revocation, or modification, has occurred, it is unfortunate that it does involve, at least in popular estimation, the propriety of the proclamation, issued on the second of November last, by the President of the United States
44.
Great hopes were entertained and expressed, that he would bring some formal revocation of his edicts, or disavowal of the seizures which might retroact and support the proclamation
45.
" After such evidence as this, the question whether a revocation or modification of the edicts of France has so occurred "as that they cease to violate the neutral commerce of the United States," does no longer depend upon the subtleties of syllogistic skill, nor is to be disproved by any power of logical illation
46.
Whether the revocation expressed in the letter of the Duke of Cadore, was absolute or conditional, or whether the conditions were precedent or subsequent, in the present state of our evidence, it seems scarcely important to inquire
47.
They have told us constantly that they require a previous revocation on the part of Great Britain, as the condition of their rescinding those edicts
48.
Having thus secured the concurrence of the American administration, the next part of the scheme was so to arrange the expression that either the British Government should not accede, or if it did accede, that it should secure to France the point of honor—a previous revocation by the British; and if they did not accede, that there should be a color for seizures and sequestrations, and thus still further to bind the Americans over to their good behavior
49.
If she did, and did it as the terms required, in consequence of this declaration, then it must be done previous to the first of November, and then the point of honor was saved to France; so that thus France, by a revocation verbally present, effectually future, would attain an effectual previous revocation from the English
50.
But if, as France expected Great Britain would not trust in such paper security, and therefore not revoke, previously to the first of November, then an apology might be found for France, to justify her in refusing to effectuate that present, future, and absolute, conditional revocation
51.
And if ever the Duke of Cadore shall condescend, which it is probable he never will, to reason with our Government on the subject, he may tell them that they knew that the French Emperor had issued those decrees, upon the pledge that they were to continue until the British abandoned their maritime principles; that he told us, over, and over, and over again, that previous revocation by the British was absolutely required; that for the purpose of putting to trial the sincerity of the British, he had indeed declared that the French decrees "are revoked," on the first day of November ensuing; but then it was on the expressed condition that in consequence of that declaration, not of the revocation, but of that declaration, the British were to revoke, and, if they did not, the "understanding" was not realized; and his rights of enforcing his system remained to him
52.
" If B refuses, does A, under the circumstances of such a declaration, violate any obligation, should he refuse to permit the passage? Might not A urge with great color and force of argument, that this arrangement was the effect of your solicitation and assurance that B would be tempted by such a proffer, and that the revocation of B was required, by the terms, to be the consequence of A's declaration, for the very purpose of indicating that it must be anterior to the fact of A's effectual revocation? But let this be as it will; suppose that you, on the first of November, in consequence of A's assurance, had sent your servants and teams to bring home your products, and A should seize your oxen, and teams and products, and drive your servants, after having stripped them, from his farm, and should tell you, that he should keep this, and all other property of yours, on which he can lay his hands, for three months, and then he should restore it to you, or not, as he saw fit, according to his opinion of your good behavior
53.
From a revocation merely verbal, no obligations result
54.
By the terms of our act the revocation must be effectual, "so as the edict shall cease to violate our rights
55.
What evidence have we had since to give us a more favorable prospect, as it respects the revocation of the decrees? Not a syllable
56.
Pinkney of this law, as an inducement to the British Government to revoke the Orders in Council, let us examine what was the course pursued towards the French Government to induce it to take advantage of the law, while it retained the character of a favorable overture, so that the British Government should have to meet it as a threat, or as a rod held over them to procure the revocation of their edicts
57.
I trust I have already shown that in every communication from our Executive to the French Government on the subject, that Government has been told that if, in connection with the revocation of the decrees, the sequestered property was not given up, the non-intercourse would not be renewed against England
58.
Now, sir, admit that the declaration of the Duc de Cadore, in his letter of the 5th of August, 1810, that the Berlin and Milan decrees were revoked, and, after the first of November, would cease to violate our neutral commerce, was an actual revocation of those decrees; still, sir, if this was merely to amuse and deceive us, if another act equally injurious was at the same time substituted, will it be contended that France has, nevertheless, fairly complied with the conditions of your law? Sir, it is a very singular fact that, on this very fifth day of August, another decree was issued by the French Emperor, which was equally injurious, and amounted, in fact, to a prohibition of our commerce, as much as the Berlin and Milan decrees
59.
It is not, sir, my object to impeach the motives of the President in this ill-fated proceeding; I am to presume a love of country guided him; but it is impossible not to see in the measure a course indulgent to France, a construction upon the letter of the Duke de Cadore, of the 5th of August last, (touching the revocation of the decrees of Berlin and Milan,) the most favorable and advantageous to that country, and offensive to Great Britain
60.
I make the appeal to gentlemen, I demand of the chairman of the committee who reported this bill, why and wherefore it is presented? France has failed to revoke her decrees, and as such revocation was, under the act of the first of May, a prerequisite to non-importation with Great Britain, such non-importation must fall, unless this additional act in favor of France is passed
61.
France met the offer by the famous letter of Cadore, of the 5th of August; in which, with more than conjurer's skill, this disciple of the Jesuits brought together and united both present and future; he revoked and did not revoke; he gave up the decrees and yet retained their operation or effects; he made the revocation both absolute and conditional; absolute for obtaining the President's proclamation, conditional for the purpose of eluding performance; absolute for drawing our property within his clutches, conditional for retaining it, to fill his coffers and fatten his minions; in fine, sir, the letter was one thing, or another thing, or nothing at all, as artifice might suggest or future events render necessary
62.
On this letter, gentlemen rely for the revocation of the French edicts, and the freedom of our commerce with France
63.
Instead of an authenticated act of revocation, bearing the authority of the most ordinary law or edict of the French Empire, we have nothing but a letter from the agent of the Government, and which the Emperor may disavow at pleasure—as was done in the case of the Minister of Marine, in his explanations to General Armstrong of the intended operation of the Berlin decree—instead of the restoration of the immense amount of American property, of which your citizens have been most cruelly and unjustly robbed by this fell monster of the age—and which the President declared, through the Secretary of State, in letters to General Armstrong of the 5th of June and July, must precede an arrangement with France, and was an indispensable evidence of the just purpose of France towards the United States; instead of having forty or fifty millions' worth of our property restored, we are vauntingly told, that the property was confiscated as a measure of reprisal, that the principles of reprisal must be the law in that affair, and that a compromise would be inconsistent with the dignity of France—the plain English of which is, we have the property and we will keep it
64.
Cheves,) whom I am very much inclined to respect, in an ingenious argument which he made the other day, to prove that the French decrees were revoked, told you that the revocation of those decrees depended on the mere volition of the mind of the Emperor, not requiring authentication or form; and although they might be revived the next moment, or substituted by other regulations equally affecting our neutral rights, still they were revoked
65.
From this course of reasoning, I conceive the gentleman has admitted, that this pretended revocation has neither form nor substance
66.
I contend that a revocation or modification of an edict requires the same or equal solemnities with its enactment; the fact must exist and be officially made known before it becomes obligatory—no declaration of an intention to revoke, can constitute an actual revocation
67.
It was to have been expected they would carefully avoid an attempt to make one bad precedent justify another; they must have forgotten how that arrangement militates against the proclamation, and the demand which is now so positively made of a revocation by Great Britain of her order of blockade of May, 1806
68.
Erskine, the question was not even made a matter of contestation; and, sir, from an examination of the Executive papers, from the date of the order of the blockade, down to the present session of Congress, I have not been able to discover a single paper remonstrating against the order, or insisting on its revocation, nor do I know of a single case of the condemnation of an American vessel under its operation
69.
And be it further enacted, That, in case Great Britain shall so revoke or modify her edicts, as that they shall cease to violate the neutral commerce of the United States, the President of the United States shall declare the fact by proclamation; and such proclamation shall be admitted as evidence, and no other evidence shall be admitted of such revocation or modification in any suit or prosecution which may be instituted under the fourth section of the act to which this act is a supplement
70.
Instead of this reasonable step towards satisfaction and friendship between the two nations, the Orders were, at a moment when least to have been expected, put into more rigorous execution; and it was communicated through the British Envoy just arrived, that, whilst the revocation of the edicts of France, as officially made known to the British Government, was denied to have taken place, it was an indispensable condition of the repeal of the British Orders that commerce should be restored to a footing that would admit the productions and manufactures of Great Britain, when owned by neutrals, into markets shut against them by her enemy; the United States being given to understand that, in the mean time, a continuance of their non-importation act would lead to measures of retaliation
71.
The justice and fairness which have been evinced on the part of the United States towards France, both before and since the revocation of her decrees, authorized an expectation that her Government would have followed up that measure by all such others as were due to our reasonable claims, as well as dictated by its amicable professions
72.
Sir, while I thought there was the most distant probability of obtaining justice by peace measures, I was an advocate for peace; but, sir, when I see not the least prospect of a revocation of her destructive Orders in Council, of the releasement of our impressed countrymen, a relinquishment of the principle of impressment, nor restitution for damages, I am for assuming a war attitude—consequently shall vote for the report of the committee, because I believe the force there contemplated will be an efficient force, and adequate to the purposes intended, to wit, the subjugation of the British North American Provinces
73.
I have no hesitation in saying, that when the letters from this Minister to our Government are examined by the people, that independent of the arrogance bordering on insolence, in which they are couched, so characteristic of that nation, they will have a different effect from that of conciliation; the illiberal and disingenuous demands made preliminary to the revocation of the Orders in Council, will have a tendency to rouse the public mind; they will be looked on with an indignant frown by all real Americans
74.
Yes, sir, by an act which has placed the impartiality of our country beyond the reach of suspicion, we demanded of each the revocation of her obnoxious edicts as the only means of preserving our friendship
75.
As that Government admits that an application of an adequate force is necessary to the existence of a legal blockade, and it was notorious that, if such a force had ever been applied, its long discontinuance had annulled the blockade in question, there could be no sufficient objection on the part of Great Britain to a formal revocation of it; and no imaginable objection to a declaration of the fact that the blockade did not exist
76.
Having presented this view of the relations of the United States with Great Britain, and of the solemn alternative growing out of them, I proceed to remark, that the communications last made to Congress on the subject of our relations with France, will have shown, that since the revocation of her decrees, as they violated the neutral rights of the United States, her Government has authorized illegal captures by its privateers and public ships; and that other outrages have been practised on our vessels and our citizens
77.
A considerable number of American vessels which were in England when the revocation of the Orders in Council took place, were laden with British manufactures, under an erroneous impression that the non-importation act would immediately cease to operate, and have arrived in the United States
78.
I cannot believe that the President, in that case, would have recommended it, when, on the 26th of July, 1811, through the Secretary of State, he informed the British Minister that, on the revocation of the Orders in Council, the non-importation law would be removed, and, of consequence, commercial intercourse would be restored between the two nations
79.
It may be taken as granted, in this discussion, that those orders are revoked, notwithstanding the objectionable manner of the revocation
80.
"To have waited for the receipt of the proclamation, in order to make use of it for the liberation of the New Orleans Packet, appeared to me a preposterous and unworthy course of proceeding, and to be nothing better than absurdly and basely employing the declaration of the President, that the Berlin and Milan decrees had been revoked, as the means of obtaining their revocation
81.
It would have been base to have employed the President's proclamation, that the Berlin and Milan decrees had been revoked as the means of obtaining their revocation
82.
But what, sir, is the price we have at length paid for the repeal? The President's proclamation was not enough; the act of March added to it was not enough; we could not procure the revocation till we went to war
83.
Their revocation depended upon the repeal of the French decrees; and had they been revoked, there would have been no war between the United States and Great Britain
84.
" On the 14th of the same month, the bill still pending before the Senate, he repeats: "I will now say, that I feel entirely authorized to assure you, that if you can at any time produce a full and unconditional repeal of the French decrees, as you have a right to demand it in your character of a neutral nation, and that it be disengaged from any question concerning our maritime rights, we shall be ready to meet you with a revocation of the Orders in Council
85.
That small affair being settled, he is further authorized to arrange as to the revocation of the laws which interdict the commerce and ships of war of His Majesty from the harbors and waters of the United States
86.
My honorable friend from the same State, who spoke a few days ago, called upon gentlemen to handle that part of the subject—the revocation of the Berlin and Milan decrees, and the inveiglement thereby of this country into a war with England—in a manner more able than, he was pleased to say, he himself had done it
87.
If, after the proclamation of the President of the United States of the 1st of November thereafter, issued in consequence of that letter, revoking so much of our non-intercourse law as related to France, an unbroken warfare being kept up by France on our commerce—a fact as notorious as the existence of any fact in nature—was it not good cause for reinstating the law in relation to France, and putting her on her ancient ground? Then I would be glad to know, for one, whether our continuing at war with England was any better cause for keeping up the interdiction in relation to her, after she had revoked her Orders in Council? In other words, it being admitted by gentlemen on one side, as it has been contended by gentlemen on the other, that the revocation of the Orders in Council by Great Britain was such a one as did satisfy the terms of the non-intercourse act, what was the reason that the proclamation required by our law in such case did not issue? Why, sir, the state of war between the United States and Great Britain being offensive on our part—being of our own making—was held to be a cause why we cannot execute our law as relates to her
88.
Now, whilst the continued war upon us by France, by seizures of our merchant vessels and their cargoes, is not considered an obstacle to its execution in regard to her, is it not as clear as the noon-day sun, that if the making of war by France on the United States did not constitute any good cause for withholding the revocation as to her, when she professed to have repealed her Berlin and Milan decrees, there was no reason why it should not have been extended to Great Britain also, when she actually repealed her Orders in Council?
89.
But I believe it will be conceded, on all hands, that if, after the revocation of the British Orders in Council, the President of the United States had, as he honorably might have done, made that repeal the basis of negotiation with Great Britain, there is not a man in this country—certainly there is none among his admirers and adherents—who would not have hailed him as the restorer of the peace and prosperity of the country, which had been so idly (I had almost said so wickedly) disturbed
90.
"That if the war was originally just, it has become unjust to continue it in consequence of the revocation of the British Orders in Council
91.
Without more words, I am authorized in asserting that impressment was one of the principal causes of the war; and although had the Orders in Council been revoked, and their revocation known to us before war was declared, we would no doubt have temporized longer; yet this cause itself must in the end have produced war
92.
has there been such a revocation of the Berlin and Milan decrees, as warranted the proclamation? 357;
93.
the revocation, if any, was a future one, 357;
94.
the terms our act proposed was the modification or revocation of certain edicts; the effect to be produced was that this revocation or modification should be such as that these edicts should "cease to violate our neutral commerce," 373;
95.
the occurrence of the fact of revocation involves the propriety of the proclamation, 373;
