tea; that it cannot be extended to any private property whatever, nor to persons who are not military, and until the right of blockading be restrained to fortified places actually invested by competent forces.

Article 1. The British islands are in a state of blockade.

2. All commerce and correspondence with them is prohibited. Consequently, 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 Beized.

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 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 false declaration, contravenes the foregoing disposition, shall be seized, and the ship and cargo confi.cated as English property.

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 ours, are victims of the injuries and barbarity of the English maritime code.

10. Our ministers of foreign relations, &c. are charged with the execution of the present decree. NAPOLEON.

er.

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 whatevAnd 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 little higher than in time of profound peace; while that on the American trade with the continent of Europe has at the dame time been doubled and even trebled by the conduct of our cruisers."*

"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 A

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

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 favor, 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.

JOHN ARMSTRONG

CHAPTER XXII.

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 acquiescence 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 sometime 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 dominions :

And whereas by the same orders, "all trading in English merchandize is prohib ited 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 control, were required to give, and have given, and do give, effect to such orders:

merica. By Alexander Baring, esq M. P." London, published February, 1808 Republished in Philadelphia, by Bradford and Inskeep.

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

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 maritime power which the exertions and valor of his people have, under the blessing of providence, enabled him to establish and maintain; and the maintenance of which is not more 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 the 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 mith has majesty, the British flag is excluded, and all 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 ans 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 further 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 aboved recited, in establishing such a system of restrictions with res pect to all the countries and colonies of his enemies, without exception or qualification; 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 hereinafter 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, either in Europe or America, or from some free port in his majesty's colonies, under circumstances in which such trade from 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

eapture 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 port 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 execluded, 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 any 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 majestys dominions; and the merchants of those countries have given countenance and effect to those prohibitions, by accepting from persons styling then. selves 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 manufucture 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 authenti cating the same, such vessel shall 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 honorable the lords commissioners of his majesty's treasury, 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 to gether, 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 Rhenisht confederation

Observing the measures adopted by the British government, on the 11th Nevember 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 cruisers, 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 detract from its own independence and rights; all the sovereigns of Europe having in trust the sovereignties and independence of the flag; that if by an unpardonable weakness, and which in the eyes of posterity would be an indelible stain, if such a tyranny was allowed to be established into principles, and consecrated by usage, the English would avail themselves of it to assert it as a right, as they have availed themselves of the tolerance of governments to establish the infamous principle, that the flag of a nation does not cover goods, and to give to their right of blockade an arbitrary extension, which infringes on the sovereignty of every state; we have decreed and do decree as follows:

1. Every ship, to whatever nation it may belong, that shall have submitted to be searched by an English ship, or to a voyage to England, or shall have paid any tax whatsoever to the English government, is thereby, and for that alone, declared to be denationalized; to have forfeited the protection of its king; and to have become English property.

1. Whether the ships thus denationalized by the arbitrary measures of the English government, enter into our ports, or those of our allies, or whether they fall into the hands of our ships of war, or of our privateers, they are declared to be good and lawful prize.

III. The British islands are declared to be in a state of blockade, both by land and sea. Every ship of whatever nation, or whatsoever the nature of its cargo may be, that sails from the ports of England, or those of the English colonies, and of the countries occupied by English troops, and proceeding to England, or to the English colonies, or to countries occupied by English troops, is good and lawful prize, as contrary to the present decree; and may be captured by our ships of war, or our privateers, and adjudged to the captor.

IV. These measures, which are resorted to only in just retaliation of the barbarous system adopted by England, which assimilates its legislation to that of Algiers, shall cease to have any effect with respect to all nations who shall have the firmness to compel the English government to respect their flag. They shall continue to be rigorously in force as long as that government does not return to the principle of the law of nations which regulates the relations of civilized states in a state of war. The provisions of the present decree shall be abrogated and null in fact, as soon as the English abide again by the principles of the law of nations, which are also the principles of justice and honor.

All our ministers are charged with the execution of the present decree, which shall be inserted in the bulletin of the laws.

NAPOLEON.

On the 25th of November, 1807, an additional order in council was issued, and on the 25th of March, 1808, an act of parliament passed, the object of both of which was to permit a trade between neutral nations (the only neutral nations then were the United States and Sweden) and France and her dependencies, on the condition that the vessels engaged in it should enter some British port, PAY A TRANSIT DUTY, and take out a licence! And the British government affected to regard this arrangement as a favour conferred on neutrals!!!! This was fairly cap ping the climax.

It may not be unsatisfactory to the reader, to state the duties thus laid on the exports of the United States by a foreign nation. Well might Mr. Baring declareM