CHAPTER XXI.

Blockade of the Coast from the Elba to Brest. Berlin Decree.

INS

NSTEAD of redressing the grievances of which our merchants so loudly, and so eloquently, and so justly complained, the British government, on the 16th. of May, 1806, under the administration of the celebrated Charles James Fox, issued a proclamation, blockading the coast of Germany, Holland, and France, from the Elba to Brest, extending to about 800 miles. There never was an adequate force stationed to effect a legal blockade of a third part of the coast included within the proclamation.

The French government, exasperated at this offensive and unjustifiable measure, retaliated on Great Britain by the notorious Berlin decree, whereby the whole of the British dominions were declared to be in a state of blockade, although a single French vessel of war hardly dared to shew itself on the seas!!!

Imperial decree declaring the British Isles in a state of Blockade. Imperial Camp, Berlin, Nov. 21, 1806.

Napoleon, Emperor of the French, and King of Italy, considering: 1. That England does not admit the right of nations, as universally acknowledged by all civilized people,

2. That she declares as an enemy every individual belonging to an enemy state; and in consequence makes prisoners of war, not only of the crews of armed vessels, but those also of merchant vessels, and even the supercargoes of the same;

3. That she extends or applies to merchant vessels, to articles of commerce, and to the property of individuals, the right of conquest, which can only be applied or extended to what belongs to an enemy state;

4. That she extends to ports not fortified, to harbours and mouths of rivers, the right of blockade, which according to reason and the usage of civilized navions, is applicable only to strong or fortified ports;

5. That she declares places blockaded before which she has not a single vessel of war; although a place ought not to be considered blockaded but when it is so invested as that no approach to it can be made without imminent hazard: that she declares even places blockaded which her united forces would be incapable of doing, such as entire coasts, and a whole empire;

6. That this unequalled abuse of the right of blockade has no other object than to interrupt the communication of different nations, and to extend the commerce and industry of England upon the ruin of those of the conti

nent;

7. That this being the evident design of England, whoever deals on the continent in English merchandize favours that design, and becomes an accomplice;

8. That this conduct in England (worthy only of the first ages of barbarism) has benefited her to the detriment of other nations;

9. That it being right to oppose to an enemy the same arms she makes use of; to combat as she does; when all ideas of justice, and every liberal sentiment (the result of civilization among men) are disregarded:

We have resolved to enforce against England the usages which she has consecrated in her maritime code.

The present decree shall be considered as the fundamental law of the empire, until England has acknowledged that the rights of war are the same on land as at sea; that it cannot be extended to any private property whatever, nor to persons who are not military, and until the right of blockaling be restrained to fortified places actually invested by competent forces.

Article 14. The British islands are in a state of blockade.

2. All commerce and correspondence with them is prohibited. Conse quently, all letters or packets written in England, or to an Englishman, written in the English language, shall not be despatched from the post-offices; and shall be seized.

3. Every individual, a subject of Great Britain, of whatever rank or condition, who is found in countries occupied by our troops or those of our allies, shall be made a prisoner of war.

4. Every ware-house, all merchandize or property whatever, belonging to an Englishman, are declared good prize.

5. One half of the proceeds of merchandize declared to be good prize and forfeited as in the preceding articles, shall go to indemnify merchants who have suffered losses by the English cruisers.

6. No vessel coming directly from England or her colonies, or having been there since the publication of this decree, shall be admitted into any port. 7. Every vessel that, by a a false declaration, contravenes the foregoing disposition, shall be seized, and the ship and cargo confiscated as English proper

ty.

8. [This article states, that the councils of prizes at Paris and at Milan shall have recognizance of what may arise in the empire and in Italy under the present article.]

9. Communications of this decree shall be made to the kings of Spain, Naples, Holland, Etruria, and to our other allies, whose subjects, as well as purs, are victims of the injuries and barbarity of the English maratime code. 10. Our ministers of foreign relations, &c. are charged with the execution of the present decree.

NAPOLEON.

Extravagant as this decree appears, it is capable of some defence; a defence not void of plausibility. It was promulgated to retaliate the blockade of a great extent of coast, of which, as I have stated, two-thirds were not invested by any force whatever. And it cannot be denied that if the blockade of a single port three miles in extent, much more a long line of coast, without a force to support it, be legal, the blockade of the British dominions, or even of a whole continent, without a force, is likewise legal. And I am persuaded that Capt Boyle's celebrated blockade of the British dominions, was quite as legal and defensible, as the late blockade of such ports of the United States as had no naval force stationed

before them.

So far as respected American vessels, the Berlin decree was not enforced for twelve months. This is a most important fact, and is not asserted lightly. It stands on respectable authority, to which no objection. will lie. This authority is Alexander Baring, Esq. member of the British house of commons. "No condemnation of an American vessel had ever taken place under it, and so little did the French privateers interfere with the trade of America with this country that the insurance on it has been very litt'e higher than in time of profound peace; while that on the American trade with the continent of Europe has at the same time been doubled and even trebled by the conduct of our cruizers."*

Besides the above authority, I annex an official proof of my position:

Enquiry into the causes and consequences of the orders in council; and an examination of the conduct of Great Britain towards the neutral commerce of America By Alexander Baring, esq. M. P." London, published February, 1808. Republished in Philadelphia, by Bradford and Inskeep. Paris, Nov, 12, 1807. SIR-It was not till yesterday that I received from Mr. Skipwith a copy of the decree of the council of prizes, in the case of the Horizon. This is the first unfriendly decision of that body under the decree of the 21st of Nov. 1806. In this case, and on the petition of the defendant, the court has recommended the restoration of the whole cargo. I did not however think proper to join in asking as a favour, what I believed myself entitled to as a right. I subjoin a copy of my note to the minister of foreign affairs. And am sir, &c.

Mr. Madison, &c.

CHAPTER XXII.

JOHN ARMSTRONG,

Orders in Council of November 11th, 1807. Milan Decree.

As a retaliation for the preceding Berlin decree, were issued the orders of Nov. 11, 1807, whereby all neutral vessels, bound to France, or her dependencies, or to any port from which British vessels were excluded-and further, all vessels furnished with French consular certificates of the origin of the cargoes, were declared liable to seizure and condemnation. This measure, so destructive to the rights and interests of the United States, was predicated upon our acquiesence in the Berlin decree of November, 1806, twelve months anterior, although that decree, as I have stated. had not been enforced against our commerce, and of course we had no right to remonstrate against it. There did not, therefore exist that acquiescence which could have warranted this high handed outrage.

To enable the reader to judge correctly on the subject of these celebrated orders, I annex a copy of them at full length. At the Court of the Queen's Palace, the 11th of November, 1807,

present, the King's most excellent Majesty in Council. Whereas certain orders, establishing an unprecedented system of warfare against this kingdom, and aimed especially at the destruction of its commerce and resources, were some time since issued by the government of France, by which "the British islands were declared to be in a state of blockade;" thereby subjecting to capture and condemnation all vessels with their cargoes, which should continue to trade with his majesty's do

minions :

And whereas by the same orders, "all trading in English merchandize is prohibited; and every article of merchandize belonging to England, or coming from her colonies, or of her manufacture, is declared lawful prize."

And whereas the nations in alliance with France, and under her controul, were required to give, and have given, and do give, effect to such orders:

And whereas his majesty's order of the 7th of January last, has not answered the desired purpose, either of compelling the enemy to recall those orders, or of inducing neutral nations to interpose, with effect to obtain their revocation; but, on the contrary, the same. have been cently enforced with increased rigour:

re

And whereas his majesty, under these circumstances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for supporting that maratime power which the exertions and valour of his people have, under the blessing of providence, enabled him to establish and maintain; and the maintenance of which is not more THE OLIVE BRANCH.

OF

CALIFORNIA.

essential to the safety and prosperity of his majesty's dominions, than it is to the protection of such states as still retain their independence, and to the general intercourse and happiness of mankind

His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all ports and places of France and her allies, or of any other country at war with his majesty, and all other ports or places in Europe, from which, although not at war with his majesty, the British flag is excluded, and all the ports or places in the colonies belonging to his majesty's enemies, shall from henceforth, be subject to the same restrictions in point of trade and navigation, with the exceptions hereinafter mentioned, as if the same were actually blockaded by his majesty's naval forces, in the most strict and rigorous manner. And it is hereby farther ordered and declared, that all trade in articles which are of the produce or manufacture of the said countries or colonies; shall be deemed and considered to be unlawful; and that every vessel trading from or to the said countries or colonies, together with goods and merchandize on board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured and condemned as prize to the captors.

But although his majesty would be fully justified, by the circumstances and considerations above recited, in establishing such a system of restrictions with respect to all the countries and colonies of his enemies, without exception or qualifications; yet his majesty, being nevertheless desirous not to subject neutrals to any greater inconvenience, than is absolutely inseparable from the carrying into effect his majesty's just determination to counteract the designs of his enemies, and to retort upon themselves, the consequences of their own violence and injustice, and being yet willing to hope that it may be possible (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves with colonial produce for their own consumption and supply; and even to leave open for the present SUCH TRADE WITH HIS MAJESTY'S ENEMIES AS SHALL BE CARRIED ON DIRECTLY WITH THE PORTS OF HIS MAJESTY'S DOMINIONS, OR OF HIS ALLIES, in the manner hercinafter mentioned.

His majesty is therefore pleased farther to order, and it is hereby ordered, that nothing herein contained shall extend to subject to capture or condemnation, any vessel, or the cargo of any vessel, belonging to any country not declared by this order to be subjected to the restrictions incident to a state of blockade, which shall have cleared out with such cargo from some port or place of the country to which she belongs, cither in Europe or America, or from some free port in his majesty's colonies, under circumstances in which from trade such free port is permitted, direct to some port or place in the colonies of his majesty's enemies, or from those colonies direct to the country to which such vessel belongs; or to some free port in his majesty's colonies, in such cases, and with such articles, as it may be lawful to import into such free port; nor to any vessel, or cargo of any vessel, belonging to any country not at war with his majesty which shall have cleared out from some port or place in this kingdom, or from Gibraltar or Malta, under such regulations as his majesty may think fit to prescribe, or from any port belonging to his majesty's allies, and shall be proceeding direct to the port specified in her clearance; nor to any vessel, or the cargo of any vessel, belonging to any country not at war with his majesty, which shall be coming from any port or place in Europe, which is declared by this order to be subject to the restrictions incident to a state of blockade, DESTINED TO SOME PORT OR PLACE IN EUROPE BELONGING TO HIS MAJESTY, and which shall be on her voyage direct thereto; but these exceptions are not to be understood as excepting from capture or confiscation any vessel or goods which shall be liable thereto in respect of having entered or departed from any port or place actually blockaded by his majesty's squadrons or ships of war, or for being enemies' property, or for any other cause than the contravention of this present order.

And the commanders of his majesty's ships of war and privateers, and

other vessels acting under his majesty's commission, shall be, and are hereby instructed, to warn every vessel which shall have commenced her voyage prior to any notice of this order, and shall be destined to any part of France, or of her allies, or of any other country at war with his majesty, or to any port or place from which the British flag, as aforesaid, is excluded, or to any colony belonging to his majesty's enemies, and which shall not have cleared out as is herein before allowed, to discontinue her voyage, and to proceed to some port or place in this kingdom, or to Gibraltar or Malta. And any vessel which, after having been so warned, or after a reasonable time shall have been afforded for the arrival of information of this his majesty's order to anу port or place from which she sailed, or which, after having notice of this order, shall be found in the prosecution of any voyage contrary to the restrictions contained in this order, shall be captured, and, together with her cargo, condemned as lawful prize to the captors.

And whereas countries not engaged in the war have acquiesced in the orders of France, prohibiting all trade in any articles the produce or manufacture of his majesty's dominions; and the merchants of those countries have given countenance and effect to those prohibitions, by accepting from persons styling themselves commercial agents of the enemy, resident at neutral ports, certain documents termed "certificates of origin," being certificates obtained at the ports of shipment, declaring that the articles of the cargo are not of the produce or manufacture of his majesty's dominions, or to that effect.

And whereas this expedient has been directed by France, and submitted to by such merchants, as part of the new system of warfare directed against the trade of this kingdom, and as the most effectual instrument of accomplishing the same; and it is therefore essentially necessary to resist it.

His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that if any vessel, after reasonable time shall have been afforded for receiving notice of this his majesty's order, at the port or place from which such vessel shall have cleared out, shall be found carrying any such certificate or document as aforesaid, or any document referring to or authenticating the same, such vessel sliall be adjudged lawful prize to the captors, together with the goods laden therein, belonging to the person or persons by whom, or on whose behalf, any such document was put on board.

And the right honourable the lords commissioners of his majesty's treaBury, his majesty's principal secretaries of state, the lords commissioners of the admiralty; and the judges of the high court of admiralty, and courts of vice admiralty, are to take the necessary measures herein, as to them shall respectively appertain.

W. FAWKENER.

The preceding orders were assigned by Napoleon as a reason for, and justification of, the Milan decree, of which I submit a copy; although it somewhat deranges the plan of this part of my work. But I prefer grouping these three documents together, for the ease and convenience of the reader.

IMPERIAL DECREE.

Rejoinder to his Britannic majesty's Order in Council, of the 11th. November, 1807. At our Royal Palace at Milan, December 17, 1807.

Napoleon, emperor of the French, king of Italy, and protector of the Rhenish confederation.

Observing the measures adopted by the British government, on the 11th. November last, by which vessels belonging to neutral, friendly, or even powers the allies of England, are made liable, not only to be searched by English cruizers, but to be compulsorily detained in England, and to have a tax laid on them of so much per cent. on the cargo, to be regulated by the British legislature.

Observing that by these acts, the British government denationalizes ships of every nation in Europe; that it is not competent for any government to de