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This treaty, however, neither was nor could have been actively carried out on either side. Early in 1806 the sháh, who had become embroiled with Russia, appealed to Calcutta for aid, regardless of the fact that hostilities with Russia were not a casus foederis. Failing to obtain it, he appealed to France. Napoleon despatched General Gardane, who arrived in December, 1807.
That to be a covenant-refuser is a sin that makes the times perilous. Doct. 2. That to be a covenant-breaker is a sin that makes the times perilous. Doct. 3. That to be a peace-hater, or a truce-hater, is a sin that makes the times perilous. Doct. 4. That to be a covenant refuser is a sin that makes the times perilous; to be foederis nescius, or infoederabilis.
To the House of Representatives: In compliance with a resolution of the House of Representatives of the 23d of March last, requesting the President to lay before the House "the authority and the true copies of all requests and applications upon which he deemed it his duty to interfere with the naval and military forces of the United States on the occasion of the recent attempt of the people of Rhode Island to establish a free constitution in the place of the old charter government of that State; also copies of the instructions to and statements of the charter commissioners sent to him by the then existing authorities of the State of Rhode Island; also copies of the correspondence between the Executive of the United States and the charter government of the State of Rhode Island, and all the papers and documents connected with the same; also copies of the correspondence, if any, between the heads of Departments and said charter government or any person or persons connected with the said government, and of any accompanying papers and documents; also copies of all orders issued by the Executive of the United States, or any of the Departments, to military officers for the movement or employment of troops to or in Rhode Island; also copies of all orders to naval officers to prepare steam or other vessels of the United States for service in the waters of Rhode Island; also copies of all orders to the officers of revenue cutters for the same service; also copies of any instructions borne by the Secretary of War to Rhode Island on his visit in 1842 to review the troops of the charter government; also copies of any order or orders to any officer or officers of the Army or Navy to report themselves to the charter government; and that he be requested to lay before this House copies of any other papers or documents in the possession of the Executive connected with this subject not above specifically enumerated," I have to inform the House that the Executive did not deem it his "duty to interfere with the naval and military forces of the United States" in the late disturbances in Rhode Island; that no orders were issued by the Executive or any of the Departments to military officers for the movement or employment of troops to or in Rhode Island other than those which accompany this message and which contemplated the strengthening of the garrison at Fort Adams, which, considering the extent of the agitation in Rhode Island, was esteemed necessary and judicious; that no orders were issued to naval officers to prepare steam or other vessels of the United States for service in the waters of Rhode Island; that no orders were issued "to the officers of the revenue cutters for said service;" that no instructions were borne by "the Secretary of War to Rhode Island on his visit in 1842 to review the troops of the charter government;" that no orders were given to any officer or officers of the Army or Navy to report themselves to the charter government; that "requests and applications" were made to the Executive to fulfill the guaranties of the Constitution which impose on the Federal Government the obligation to protect and defend each State of the Union against "domestic violence and foreign invasion," but the Executive was at no time convinced that the casus foederis had arisen which required the interposition of the military or naval power in the controversy which unhappily existed between the people of Rhode Island.
In consequence of this conduct, the British government required those succours which were stipulated in ancient treaties, and insisted that the casus foederis had now occurred. Advantage was taken of the refusal of the States General to comply with this demand, to declare the treaties between the two nations at an end.
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