University of Virginia Library

On Article VI.

The fictitious blockade proclaimed by Great Britain and
made the pretext for violating the commerce of neutral
nations, has been one of the greatest abuses ever committed

on the high seas. During the late war they were carried to an
extravagance which would have been ridiculous, if in their
effects they had not inflicted such serious and extensive
injuries on neutral nations. Ports were proclaimed in a
state of blockade, previous to the arrival of any force at them,
were considered in that state without regard to intermissions
in the presence of the blockading force, and the proclamations
left in operation after its final departure; the British cruizers
during the whole time seizing every vessel bound to such
ports, at whatever distance from them, and the British prize
courts pronouncing condemnations wherever a knowledge of
the proclamation at the time of sailing could be presumed,
altho' it might afterwards be known that no real blockade
existed. The whole scene was a perfect mockery, in which
fact was sacrificed to form, and right to power and plunder.
The United States were among the greatest sufferers; and
would have been still more so, if redress for some of the spoliations
proceeding from this source, had not fallen within the
provisions of an article in the Treaty of 1794.

From the effect of this and other arbitrary practices of
Great Britain, on the temper and policy of neutral nations
towards her; from the spirit of her Treaty made near the close
of the late war with Russia; from the general disposition
manifested at the beginning of the present, towards the United
States, and the comparative moderation observed in Europe
with respect to blockades (if indeed the two cases of the Weser
and Elbe are not to be excepted) it was hoped that the mockeries
and mischiefs practised under the name of blockades,
would no where be repeated. It is found however that the
West Indies are again the Theatre of them. The three entire
and extensive Islands of Martinique, Guadaloupe and St.
Domingo have been published as in a state of blockade,
altho' the whole naval force applied to the purpose is inconsiderable,
altho' it appears that a part of this inconsiderable
force is occasionally seen at the distance of many leagues at
sea; altho' it does not appear that more than one or two

ports at most, have at any time been actually blockaded;
and although complaints are heard that the British ships of
war do not protect their own trade, against the numerous
cruizers from the Islands under this pretended blockade.

Inclosed herewith are three letters on this subject, two
from me, the first to Mr. Thornton, the second to Mr. Merry,
and the third from Mr. Merry to me. You will observe that
he does not pretend to justify the measures pursued in the
West Indies; but on the contrary wishes them to be regarded
as proceeding from an officer who does not pursue the intentions
of his Government. Still such measures prove that no
general regulations or orders have been yet issued by that
Government against the evil, as might reasonably have
been expected; and that a stipulated security against it, is
an object as important as it is just.

In the two letters to Mr. Thornton and Mr. Merry, the
ground is marked out on which you will be able to combat
the false blockades, and to maintain the definition of a real
one, contained in the proposed article which is a literal copy
from the 4th article of the Russian Treaty above cited. In
addition to these letters, you will find enclosed a letter of the
of to Mr. Pinckney, in which some views are taken
of the subject, which may also be of use in your discussions
with the British Government.