occurred so frequently as to involve anything whilst this exciting topic was in debate, in

like the wrong and the suffering depicted in a proclamation of the President of the United States, in which document it is stated, that "under pretext of searching for her seamen, thousands of American citizens under the safeguard of public laws, and of their national flag, have been torn from their country and from everything dear to them." The question, as it happens, was discussed, soon after the declaration of war, by an "AMERICAN CITIZEN," a member of the local legislature in one of the New England States, and evidently a man of talent and education. From a vigorous and lucid pamphlet, published by this writer, in opposition to the intemperate policy of his government, we borrow the following extract bearing on the "right of search:"

"The whole number of sailors pretended to have been impressed from our ships, for fifteen years past, was 6258, out of 70,000, and of which, all but 1500 have been restored. Of this remainder, at least one half are probably British seamen, and of the residue it is probable that at least another moiety entered voluntarily. The whole number of British seamen in their marine, or public ships only, is 150,000, and in their merchant ships, over whom they have a perfect control, 240,000. Is it probable, we ask, that for the sake of gaining 1500 seamen, they would hazard the peace of their country."*

stances were occurring of merchant vessels of the United States placing themselves under British convoy. Cases such as these, however, were no doubt rare; for, to say nothing of the hostile interpretation likely to be put upon them by France had they been numerous, there was, we fear, but little inclination on the part of citizens of the United States, to seek protection under the guns of a British ship of war. Still, few as they were, they may serve to suggest the reflection, how readily the national feeling on both sides might have been conciliated into firm and mutually profitable friendship, had the United States been able to perceive at once-as Washington had striven that they should perceive-that their interest, no less than their origin, bound them to Great Britain; and had they sincerely and strenuously labored, under that persuasion, to suppress their strangely misplaced and deeply prejudicial sympathy with France; a country, at that time the very antithesis of a popular State; ambitious, merciless, despotizing; seeking to enslave the rest of Europe, and herself virtually enslaved by as thorough paced a tyrant as the world has ever seen.

British Order in

cree.

Council, 11th Nov., The Treaty of Tilsit 1807, and Milan De- (7th July, 1807) having What the United States should have done, secured the adhesion of Russia to the Conis simply this: they should have taken effec-tinental league, and established Buonaparte in tual steps to prevent the entrance into their service of British seamen, during the war with France. This would have put a stop at once to the grievance. Instead of doing this, the merchant service of the United States offered them double the pay given to a seaman in a British ship of war, besides not disdaining to use other more direct allurements; so that, whilst Great Britain was striving to rally round her standard all the stout hearts and stalwart arms she could bring together of her own sons in a struggle for existence, the States of Maryland, North Carolina, South Carolina, and Georgia were employing for lucre's sake-three foreign Beamen to one native American.

his coveted position of supreme arbiter of the destinies ofthe Continent, it became imperative on the British Government to enact a more effectual measure than the Order of the 7th January, which not only was, in its actual bearing, comparatively lenient and mild; but had been very generally evaded, and afforded to Great Britain little or no protection against the extreme and unscrupulous proceedings of her adversary. In this condition of affairs, on the 11th November, 1807, the Order which we give below was issued* To this Order

*The Government on this occasion were well supported by Parliament-in the Upper House by a majority of 127 to 61; in the Lower by 214 to 94.-Alison, vol. 3, p. 559.

Buonaparte, on the 17th December of the put the finishing stroke to his excommunicasame year, replied by his Milan Decree, which tion of Great Britain.*

precedented system of warfare against this king-convenience than is absolutely inseparable from dom, and aimed especially at the destruction of the carrying into effect his majesty's just deterits commerce and resources, were some time since mination to counteract the designs of his enemies, issued by the government of France, by which and to retort upon his enemies themselves the "the British Islands were declared to be in a consequences of their own violence and injustice; state of blockade," thereby subjecting to capture and being yet willing to hope that it may be posand condemnation all vessels, with their cargoes, sible (consistently with that object) still to allow which should continue to trade with his majesty's to neutrals the opportunity of furnishing themselves dominions: 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 herein

And whereas his najesty, under these circum-in which such trade from such free ports is per"stances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for supporting that maritime 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 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:

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 excluded, or to any colony belonging to his majesty's enemies, and which shall not have cleared out as is here-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 at 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.

now exposed. The ocean, whose waves had borne for years vast wealth to their shores, whilst it was strewn with the wreck of Europ

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 their flag; that if, by an unpardonable weakness, and which, in the eyes of posterity, would be an indelible stain, 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 intolerance 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, and which infringes on the sovereignty of every state; we have decreed, and do decree, as follows:

"ART. I. Every ship, to whatever nation it may And whereas countries, not engaged in the war, belong, that shall have submitted to be searched have acquiesced in these orders of France, pro- by an English ship, or to a voyage to England, or hibiting all trade in any articles the produce or shall have paid any tax whatsoever to the English manufacture of his majesty's dominions; and the government, is thereby, and for that alone, demerchants of those countries have given counte-clared to be denationalized, to have forfeited the nance and effect to those prohibitions, by accepting protection of its king, and to have become English from persons styling themselves commercial agents property. 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:

"II. 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 prizes.

"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, of those of the English colonies, and of the 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.

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 "IV. These measures, which are resorted to of this his majesty's order at the port or place only in just retaliation of the barbarous system from which such vessel cleared out, shall be found adopted by England, which assimilates its legislacarrying any such certificate or document as afore- tion to that of Algiers, shall cease to have any said, or any document referring to, or authentica-effect with respect to all nations who shall have ting the same, such vessel shall be adjudged lawful the firmness to compel the English government to prize to the captor, together with the goods laden respect their flag. They shall continue to be therein, belonging to the person or persons by rigorously in force as long as that government whom, or on whose behalf, any such document does not return to the principle of the law of was put on board. nations, which regulates the relations of civilized And the right honorable the lords commission-states in a state of war. The provisions of the ers, &c. are to take the necessary measures herein present decree shall be abrogated and null; in fact as to them shall respectively appertain. W. FAWKENER.

as soon as the English abide again by the principles of the law of nations, which are also the principles of justice and of honour.

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

ean navies, had ceased to be to them a safe tain whether the coast from the Elbe to Brest

highway to commercial affluence. Their could be guarded, and the blockade effectually ships, liable to be captured by one or other of enforced. The French Emperor, on the other the belligerents, could only at great risk carry hand, proclaimed the blockade of the entire on their commercial intercourse with either. coast of the British Isles,-no half-dozen ports But it must be remembered that the United of which could he have actually invested with States, not having interfered when their inter- his navy, shattered and almost extinguished position might possibly have checked Bona- as that had been, by the gigantic victories of parte, and perhaps recalled him within the Great Britain at sea. Thus to attempt, by limits of international law, made no effort to means of a wrathful manifesto what the law arrest and remove at once the original cause of nations recognizes as the function only of a of their subsequent misfortunes; so that it is sufficient naval force-which naval force he impossible to say how far they had themselves had not-was an outrage on international law, to blame for those misfortunes. That the not surprising in the man to whom the rights attitude which they might have assumed, had of nations were a fiction, and treaties medithey chosen, was likely to have some influence tated treachery and violence in masquerade; on Bonaparte, can hardly be doubted. He but it is incongruous and startling that such thought it worth his while to manoeuvre in an outbreak of lawless and anti-commercial various ways—at one time pillaging, at another rage-such a mercantile excommunication of flattering them—in the hope of either driving or coaxing them into a war with Great Britain. Their policy, therefore, was not a matter of indifference to him; so that we may not venture to say with what effect remonstrance from that quarter might not have been attended. As to the eminently characteristic avowal of attachment,-"His Majesty loves the Americans,"—which, after a while, he thought might answer his purpose better than spoliation, the people of the United States have no doubt made up their minds by this time as to what interpretation they ought to put on that declaration-as to whether it be genuine regard or shameless effrontery. His protestation of love may be accepted for what it was worth; but the fear of compelling the United States to throw themselves eventually into the arms of Great Britain might have induced him to treat a remonstrance from that republic with at least some respect.

It was pleaded by

England, as we may call it,—should have ever found apologists on this side of the Atlantic, amongst a people, like the inhabitants of the United States, animated by an ardent spirit of commercial enterprise, and claiming, even in advance of Great Britain herself, the possession of free institutions.*

Liberality of the

The perfect honesty British Government of the plea of absolute

before the Berlin and
Milan Decrees.

necessity, advanced by the British Government, agrees with their liberal and even munificent treatment of the United States, in regard to the commerce of that country, as a neutral State, prior to the Berlin Manifesto. In 1803, when hostilities with France were renewed, the commanders of His Britannic Majesty's ships of war and privateers, were instructed "not to seize any neutral vessels which should be found carrying on trade directly between the colonies of the enemy and the neutral country; provided

*Nine-tenths of the revenue of the United States was at this time derived from commerce; yet their bias lay with a man who was a downright hater of commerce; who evinced a sort of fanatical malice against commerce. His policy was to make France independent of commerce (a scheme wilder than the Crusades!); and in his efforts to realize this, he literally attempted to force nature herself into subservience to him:-"Enacting penal statutes to force the cultivator of the soil to employ his land in endeavouring to raise certain products in a climate ungenial to their and tobacco and indigo, where nature never ingrowth: to plant beet instead of corn; and cotton

Plea advanced by France and repeated by the United States. France, and the plea was echoed by the United States, that the British blockade of May, 1806, as constituting the first aggression, justified the Berlin decree; but the two cases were, in principle, widely different. The blockade declared by Great Britain embraced no greater extent of coast than the immense strength of the British Navy supplied the means of adequately watching; and special pains were taken beforehand, by communication with the Admiralty, to ascer-tended them to grow."

that such neutral vessel should not be supply-lence on its author's head," and as such, a measure of just retaliation.

ing, nor should, on the outer voyage, have supplied the enemy with any articles contraband of war, and should not be trading with any blockaded, (that is, actually blockaded,) ports." The generosity, and the value of this indulgence, for indulgence it literally was, are to be appreciated from the fact, that it had been a law generally understood and acted upon for a century, at least, that "a neutral has no right to carry on a trade with the colonies of one of two, or more, belligerent powers in time of war." Great Britain, however, during her contest with revolutionary France, relaxed this rule in 1794, and still further in 1798, when permission was granted to neutrals to carry the produce of the French West Indian colonies, either to a British port, or to any one of their own ports. This relaxation had the effect of throwing the French carrying trade almost wholly into the hands of the United States, and from it the commerce of that country prospered amazingly,—great wealth being realised by American merchants, who were able to make a lucrative profit out of British munificence, and, as it was shown, to the de-go was laid on all the shipping in their ports, triment of British commerce. Even so late as the measure being recommended to Congress, 1806, when, to arrest the farther introduction on the mere responsibility of the executive, of supplies into France from the United States, and passed with the utmost precipitation. "It the blookade from the Elbe to Brest was de- prohibited the departure, unless by special clared, the interests of the American Republic direction of the President, of any vessel were specially consulted, in an explanation from any port of the United States bound to communicated by Mr. Fox to Mr. Monroe, any foreign country, except foreign armed that "such blockade should not extend to vessels possessing public commissions, and prevent neutral ships and vessels laden with foreign merchant ships in ballast, or with such goods, not being the property of His Majesty's cargo as they might have on board when noenemies, and not being contraband of war, tified of the act. All registered or sea-letter from approaching the said coasts, and enter-vessels-the latter denomination including foing into and sailing from the said rivers and ports." We dwell complacently upon these concessions; we regard them with national pride; for they shew conclusively that the disposition of our Government towards the American Union was the very reverse of arbitrary, selfish, or oppressive. Now, if subsequently to the publication of the French decrees, Great Britain was compelled to adopt a different course, who, with a knowledge of her previous liberality, will suspect that any desire to impair the trade of the United States, entered into her motives, or that the step was other than, as the British Ministry represented it to be, an equitable "retorting of his own vio

Embargo Act of U. Despatches from the S. Congress, 25th Dec. 1807. United States Minister at Paris-General Armstrong-were received at Washington on the 16th December, 1807, from which it appeared plainly that the confiscation of the American ship Horizon* was merely the first enforcement of a rule which the French government intended to pursue; and that, consequently, it was no part of the Emperor's policy to exempt the United States from the operation of the Berlin Decree. Intelligence was brought at the same time, through London papers of the 12th November, to the effect "that orders in council were about to be issued, declaring France and the countries under her control in a state of blockade, a reference no doubt to the orders dated the day before, but which had not then been published, and were not until a week afterward." At this period it was that the first step in the way of commercial restriction was taken by the United States. An embar

*This was the first confiscation of American

property under the Berlin decree, and occurred on the 10th November, 1807. The Horizon had accidentally been stranded on the French coast; consisted of merchandise of British origin.—Hiland the ground of confiscation was that the cargo dreth.

+ Hildreth.

On this occasion John Quincy Adams, who had recently abandoned the federal party and, unhappily, had lent the aid of his remarkable ment with vehement zeal. powers to the democrats, supported the governurged, has recommended this measure on his "The President, he high responsibility. I would not consider. I President possesses such further information as would not deliberate, I would act. Doubtless the will justify the measure.'