ade by way
of American ports, just as the measure as a whole tacitly waived all
questions of principle upon which that difference had turned. After
this, a case coming before a British court would require from it no
concession affecting its previous rulings. By these the vessel still
would stand condemned; but she was relieved from the application of
them by the new Order, in which the Government had relinquished its
asserted right. The direct voyage from the colony to the mother
country was from a hostile port, and therefore remained prohibited;
but the proceedings in the United States ports, as affecting the
question of direct voyage, though held by the Court to be properly
liable to interpretation by itself on international grounds, if
brought before it, was removed from its purview by the act of its own
Government, granting immunity.
The first impressions made upon Monroe by this step were favorable, as
it evidently relieved the immediate embarrassments under which
American commerce was laboring. There would at least be no more
seizures upon the plea of direct voyages. While refraining from
expressing to Fox any approbation of the Order of May 16, he wrote
home in this general sense of congratulation; and upon his letters,
communicated to Congress in 1808, was founded a claim by the British
Minister at Washington in 1811, that the blockade thus instituted was
not at the time regarded by him "as founded on other than just and
legitimate principles." "I have not heard that it was considered in a
contrary light when notified as such to you by Mr. Secretary Fox, nor
until it suited the views of France to endeavor to have it considered
otherwise."[128] Monroe, who was then Secretary of State, replied that
with Fox "an official formal complaint was not likely to be resorted
to, because friendly communications were invited and preferred. The
want of such a document is no proof that the measure was approved by
me, or no complaint made."[129] The general tenor of his home
letters, however, was that of satisfaction; and it is natural to men
dealing with questions of immediate difficulty to hail relief, without
too close scrutiny into its ultimate consequences. It may be added
that ministers abroad, in close contact with the difficulties and
perplexities of the government to which they are accredited, recognize
these more fully than do their superiors at home, and are more
susceptible to the advantages of practical remedies
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