had learned of the secret articles of the Treaty of Tilsit, and three orders were issued November II, establishing an undisguised "paper" blockade; the most important of the three being reprinted here. The vague, cumbrous phraseology of these decrees became notorious, and it was necessary to issue supplementary and explanatory orders, five of which appeared November 25. One of these established the rule that licenses had to be procured from the English government by neutral traders. Napoleon replied with the Milan decree, and the President of the United States ordered the first embargo December 22, 1807. Later decrees were issued by Napoleon in enforcing his system; for example that of Bayonne (April 17, 1808) ordered the custom officials to confiscate all American vessels in French ports. That of the Trianon (August 5, 1810) was directed against smuggling and that of Fontainbleau (October 18, 1810) ordered all English goods which could be seized to be publicly burnt. Finally the annexation of the coast of the North Sea in December, 1810, was justified upon the ground that England had rendered the measure necessary by her commercial policy. The tax imposed by England upon the cargoes of neutral ships which is referred to in the Milan Decree consisted, apparently, in the export duties which neutral traders (after being required to enter a British port) were forced to pay before they were allowed to proceed upon their voyage. Professor McMaster gives an account of the practical workings of the system, so far as American ships were concerned, which he takes from the Baltimore Evening Post of September 2 and 27, 1808. The newspaper estimates that on her outward voyage, let us say to Holland with 400 hogsheads of tobacco, an American ship would pay England 11⁄2d per pound on the tobacco and 125 for each ton of the ship. With $100 for the license and sundry other dues, the total amounted to toward $13,000. On the home voyage with a cargo, let us say, of Holland gin the American trader paid perhaps $16,500, making the total charges paid to Great Britain for a single voyage $31,000. (History of the People of the United States III 308-9.) See for this subject Henry Adams' History of the United States, Vol. IV., Chapter IV. Alison, History of Europe, Book L: Theirs, Consulate and Empire, Book XXVI. NOTE TO REPRESENTATIVES OF NEUTRAL POWERS. Reprinted from American State Papers (Foreign Relations), Vol. III, p. 267. DOWNING STREET, May 16, 1806. The undersigned, His Majesty's principal Secretary of State for Foreign Affairs, has received His Majesty's commands to acquaint Mr. Monroe, that the King, taking into consideration the new and extraordinary means resorted to by the enemy for the purpose of distressing the commerce of his subjects, has thought fit to direct that the necessary measures should be taken for the blockade of the coast, rivers and ports, from the river Elbe to the port of Brest, both inclusive; and the said coast, rivers and ports are and must be considered as blockaded; but that His Majesty is pleased to declare that such blockade shall not extend to prevent neutral ships and vessels, laden with goods not being the property of His Majesty's enemies, and not being contraband of war, from approaching the said coast, and entering into and sailing from the said rivers and ports (save and except the coast, rivers and ports from Ostend to the river Seine, already in a state of strict and rigorous blockade, and which are to be considered as so continued), provided the said ships and vessels so approaching and entering (except as aforesaid), shall not have been laden at any port belonging to or in the possession of any of His Majesty's enemies; and that the said ships and vessels so sailing from said rivers and ports (except as aforesaid) shall not be destined to any port belonging to or in possession of any of His Majesty's enemies, nor have previously broken the blockade. Mr. Monroe is therefore requested to apprise the American consuls and merchants residing in England, that the coast, rivers and ports above mentioned, must be considered as being in a state of blockade, and that from this time all the measures authorized by the law of nations and the respective treaties between His Majesty and the different neutral powers, will be adopted and executed with respect to vessels attempting to violate the said blockade after this notice. The undersigned requests Mr. Monroe, etc. C. J. Fox. THE BERLIN DECREE. Translated from the French; Correspondance de Napoléon I er. Vol. 13. FROM OUR IMPERIAL CAMP AT BERLIN, November 21, 1806. Napoleon, Emperor of the French and King of Italy, in consideration of the fact: 1. That England does not recognize the system of international law universally observed by all civilized nations. 2. That she regards as an enemy every individual belonging to the enemy's state, and consequently makes prisoners of war not only of the crews of armed ships of war but of the crews of ships of commerce and merchantmen, and even of commercial agents and of merchants traveling on business. 3. That she extends to the vessels and commercial wares and to the property of individuals the right of conquest, which is applicable only to the possessions of the belligerant power. 4. That she extends to unfortified towns and commercial ports, to harbors and the mouths of rivers, the right of blockade, which, in accordance with reason and the customs of all civilized nations, is applicable only to strong places. That she declares places in a state of blockade before which she has not even a single ship of war, although a place may not be blockaded except it be so completely guarded that no attempt to approach it can be made without imminent danger. That she has declared districts in a state of blockade which all her united forces would be unable to blockade, such as entire coasts and the whole of an empire. 5. That this monstrous abuse of the right of blockade has no other aim than to prevent communication among the nations and to raise the commerce and the industry of England upon the ruins of that of the continent. 6. That, since this is the obvious aim of England, whoever deals on the continent in English goods, thereby favors and renders himself an accomplice of her designs. 7. That this policy of England, worthy of the earliest stages of barbarism, has profited that power to the detriment of every other nation. 8. That it is a natural right to oppose such arms against an enemy as he makes use of, and to fight in the same way that he fights. Since England has disregarded all ideas of justice and every high sentiment, due to the civilization among mankind, we have resolved to apply to her the usages which she has ratified in her maritime legislation. The provisions of the present decree shall continue to be looked upon as embodying the fundamental principles of the Empire until England shall recognize that the law of war is one and the same on land and sea, and that the rights of war cannot be extended so as to in clude private property of any kind or the persons of individuals unconnected with the profession of arms, and that the right of blockade should be restricted to fortified places actually invested by sufficient forces. We have consequently decreed and do decree that which follows: blockade. ART. II. All commerce and all correspondence with the British Isles are forbidden. Consequently letters or packages directed to England or to an Englishman or written in the English language shall not pass through the mails and shall be seized. ART. III.—Every individual who is an English subject, of whatever state or condition he may be, who shall be discovered in any country occupied by our troops or by those of our allies, shall be made a prisoner of war. ART. IV.—All warehouses, merchandise or property of whatever kind belonging to a subject of England shall be regarded as a lawful prize. ART. V.-Trade in English goods is prohibited, and all goods belonging to England or coming from her factories or her colonies are declared a lawful prize. ART. VI.—Half of the product resulting from the confiscation of the goods and possessions declared a lawful prize by the preceding articles shall be applied to indemnify the merchants for the losses they have experienced by the capture of merchant vessels taken by English cruisers. ART. VII. No vessel coming directly from England or from the English colonies or which shall have visited these since the publication of the present decree shall be received in any port. ART. VIII.—Any vessel contravening the above provision by a false declaration shall be seized, and the vessel and cargo shall be confiscated as if it were English property. ART. IX.-Our Court of Prizes at Paris shall pronounce final judgment in all cases arising in our Empire or in the countries occupied by the French Army relating to the execution of the present decree. Our Court of Prizes at Milan shall pronounce final judgment in the said cases which may arise within our Kingdom of Italy. ART. X.-The present decree shall be communicated by our minister of foreign affairs to the King of Spain, of Naples, of Holland and of Etruria, and to our other allies whose subjects like ours are the victims of the unjust and barbarous maritime legislation of England. ART. XI. Our ministers of foreign affairs, of war, of the navy, of finance and of the police and our Directors General of the port are charged with the execution of the present decree so far as it affects them. (Signed), Done by the Emperor, HUGUE MARET, Ministerial Secretary of State, NAPOLEON. ORDER IN COUNCIL OF NOVEMBER, 11, 1807. Reprinted from American State Papers (Foreign Relations), Vol. III, pp. 26970. Also in the Annual Register for 1807, p. 746 ff. At the Court at 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 dominions : And, whereas, by the same order, "all trading in English merchandise is prohibited, and every article of merchandise 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: 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 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 blessings 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 with His Majesty, the British flag is excluded, and all ports |