Page:Henry Adams' History of the United States Vol. 4.djvu/331

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1808.
ENGLAND'S REPLY TO THE EMBARGO.
321

school of common law; but Lord Eldon's doctrine went further, for he created a sanction of one-sided force by which international law might supersede its own principles. His brother, Sir William Scott, carried out the theory by contending in the House of Commons that "even if the French Decree was not acted upon (which rested with the other party to prove), it was nevertheless an injury, because it was an insult to the country,"[1]—a dictum which could hardly find a parallel as the foundation for an attack on the rights and property of an innocent third party.

Erskine's Resolutions were of course rejected; but meanwhile the merchants of the chief cities began to protest. As the bill for carrying the orders into effect came to its engrossment, March 7, the resistance became hot. March 11 the bill passed the House by a vote of 168 to 68; but Brougham had yet to be heard, and no ordinary power was capable of suppressing Henry Brougham. As counsel for the American merchants of Liverpool, Manchester, and London, he appeared March 18 at the bar of the House, and for the next fortnight occupied most of its time in producing testimony to prove that the orders had ruinously affected the commercial interest. April 1 he summed up the evidence in a speech of three hours, which James Stephen thought pernicious and incendiary.[2] Perceval was obliged to

  1. Cobbett's Debates, x. 1066.
  2. Brougham to Grey, April 21, 1808; Brougham's Memoirs, i. 399.

VOL. IV.—21