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

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 neatral 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 sytem 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 shall be adjudged lawful prize to the captor, 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 respective appertain. W. FAWKENER.

At the Court at the Queen's Palace, the 11th of November, 1807-present, the King's Most Excellent Majesty in Council.

Whereas articles of the growth and manufacture of foreign countries, cannot by law be imported into this country, except in British ships, or in ships belonging to the countries of which such articles are the growth and manufacture, without an order in council, specially authorising the same:

His majesty taking into consideration the order of this day's date, respecting the trade to be carried on to and from the ports of the enemy, and deeming it expedient that any vessel belonging to any country in alliance or at amity with his majesty, may be permitted to import into this country, articles of the produce or manufacture of countries at war with his majesty.

His majesty, by and with the advice of his privy council, is therefore pleased to order, and it is hereby ordered, that all goods, wares, or merchandizes, specified and included in the schedule of an act, passed in the forty-third year of his present majesty's reign, intituled "An act to repeal the duties of customs payable in Great Britain, and to grant other duties in lieu thereof," may be imported from any port or place, belonging to any state not at amity with his majesty, in ships belonging to any state at amity with his majesty, subject to the payment of such duties, and liable to such drawbacks as are now established by law upon the

importation of the said goods, wares, or merchandise, in ships navigated according to law; and with respect to such of the said goods, wares, or merchandise, as are authorised to be warehoused under the provisions of an act, passed in the forty-third year of his present majesty's reign, intituled "An act for permitting certain goods imported into Great Britain, to be secured in ware-houses without payment of duty," subject to all the regulations of the said last mentioned act; and with respect to all articles which are prohibited by law from being imported into this country, it is ordered, that the same shall be reported for exportation to any country in amity or alliance with his majesty.

And his majesty is further pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all vessels which shall arrive at any port of the United Kingdom, at the port of Gibraltar or Malta, in consequence of having been warned pursuant to the aforesaid order, or in consequence of receiving information, in any other manner, of the said order, subsequent to their having taken on board any part of their cargoes, whether previous or subsequent to their sailing, shall be permitted to report their cargoes for exportation, and shall be allowed to proceed upon their voyages to their original ports of destination, (if not unlaw. ful before the issuing of the said order,) or to any port at amity with his majesty, upon receiving a certificate from the collector or comptroller of the customs at the port at which they shall so enter, (which certificate the said collectors and comptrollers of the customs are hereby authorised and required to give,) setting forth that such vessels came into such port in consequence of being so warned, or of receiving such information as aforesaid and that they were permitted to sail from such port, under the regulations which his majesty has been pleased to establish in respect to such vessels. But in case any vessel so arriving shall prefer to import her cargo, then such vessel shall be allowed to enter and import the same, upon such terms and conditions as the said cargo might have been imported upon; according to law, in case the said vessel had sailed after having received notice of the said order, and in conformity thereto. And it is further ordered, that all vessels which shall arrive at any port of the United Kingdom, or at Gibraltar or Malta, in conformity and obedience to the said order, shall be allowed, in respect to all articles which may be on board the same, except sugar, coffee, wine, brandy, snuff and tobacco, to clear out to any port whatever, to be specified in such clearance; and with respect to the last mentioned articles, to export the same to such ports, and under such conditions and regulations only, as his majesty, by any license to be granted for that pur pose, may direct.

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.

At the Court at the Queen's Palace, the 11th of November, 1807-present, the King's Most Excellent Majesty in Council.

Whereas the sale of ships by a belligerent to a neutral is considered by France to be illegal :

And whereas a great part of the shipping of France and her allies has been protected from capture during the present hostilities by transfers, or pretended transfers, to neutrals. And whereas it is fully justifiable to adopt the same rules, in this respect, towards the enemy, which is applied by the enemy to this country.

His majesty is pleased, by and with the advice of his privy country, to order, and it is hereby ordered, that in future the sale to a neutral of any vessel belonging to his majesty's enemies, shall not be deemed to be legal, nor in any manner to transfer the property, nor to alter the character of such vessel; and all vessels now belonging, or which shall hereafter be long to any enemy of his majesty, notwithstanding any sale, or pretended sale to a neutral, after a reasonable time shall have elapsed for receiving information of this his majesty's order at the place where such sale, or pretended sale was effected, shall be captured and brought in, and shall be adjudged as lawful prize to the captors.

And the right honourable 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.

104. Milan Decree of Nov. 11, 1807. (French.) Rejoinder to his Britannic Majesty's order in Council of November 11th, 1807. At our Royal Palace, at Milan, December 17, 1807.

Napoleon, emperor of the French, King of Italy, and protector of the Rhenish confederacy. Observing the measures adopted by the British Government, on the 11th of 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 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, such a tyrrany was allowed to be established into principles and consecrated by usage, the English would avail themselves of the tolerance of governments to establish the infamous principles, 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:

ARTICLE I. 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 that shall have paid any tax whatsoever to the English government, is thereby, and for that alone, delared to be denationalized, to have forfeited the protection of its king, and to have become English property.

ARTICLE 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.

ARTICLE III. The British islands are to be declared in a state of blockade, both by sea and land. 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 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.

ARTICLE 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 presen decree, which shall be inserted in the bulletin of the laws. NAPOLEON. By order of the Emperor. H. B. MARET.

105.

The Secretary of State:

Spanish Decree of Aranjuez, Feb. 19, 1807.

By the greatest outrage against humanity, and against policy, Spain was forced by Great Britain to take part in the present war. This power has exercised over the sea and over the commerce of the world, an exclusive dominion. Her numerous factories disseminated through all countries are like sponges which imbibe the riches of those (countries) without leaving them more than the appearances of mercantile liberty. From this maritime and commercial despotism, England derives immense resources for carrying on a war, whose object is to de

stroy the commerce which belongs to each state from its industry and situation. Experience has proved that the morality of the British cabinet has no hesitation as to the means, so long as they lead to the accomplishment of its designs; and whilst this power can continue to enjoy the fruits of its immense traffic, humanity will groan under the weight of a desclating war. To put an end to this, and to attain a solid peace, the emperer of the French and King of Italy issued a decree on the 21st of November last, in which, adopting the principles of reprisals, the blockade of the British isles is determined on; and his ambassador, his excellency Francis de Beauharnois, grand dignitary of the order of the iron crown, of the legion of haner, &c. &c. having communicated this decree to the king our master, and his majesty being desirous to co-operate by means sanctioned by the rights of reciprocity, has been pleased to authorize his most serene highness the prince generalissimo of the marine, to issue a circular of the following tenor.

As soon as England committed the horrible outrage of intercepting the vessels of the royal marine, insidiously violating the good faith with which peace assures individual property and the rights of nations; his majesty considered himself in a state of war with that power, although his royal soul suspended the promulgation of the manifesto until he saw the atrocity committed by its seamen, sanctioned by the government of London. From that time, and without the necessity of warning the inhabitants of these kingdoms of the circumspection with which they ought to conduct themselves towards those of a country which disregards the sacred laws of property and the rights of nations; his majesty made known to his subjects the state of war in which he found himself with that nation. All trade, all commerce is prohibited in such a situation; and no sentiments ought to be entertained toward such an enemy which are not dictated by honor, avoiding all intercourse which might be considered as the vile effect of avarice operating on the subjects of a nation which degrades itself by them.

His majesty is well persuaded that such sentiments of honor are rooted in the hearts of his beloved subjects; but he does not choose on that account to allow the smallest indulgence to the violators of the law, nor permit that, through ignorance, they should be taken by surprise-authorizing me by these presents, to declare that all English property will be confiscated whenever it is found on board a vessel, although a neutral if the consignment belongs to Spanish individuals. So likewise will be confiscated all merchandise which may be met with although it may be in neutral vessels, whenever it is destined for the ports of England or her isles.

And finally his majesty, conforming himself to the ideas of his ally the emperor of the French, declares in his states the same law, which, from principles of reciprocity and suitable respect, his imperial majesty promulgated under date of the 21st November, 1:06.

The execution of this determination of his majesty belongs to the chiefs of provinces, of departments, and of vessels, (baxeles) and communicating it to them, in the name of his majesty, I hope they will leave no room for the royal displeasure.

God preserve you many years.

Aranjuez, 19th February, 1807.

The Prince Generalissimo of the Marine.

106. Rambouillet, (French) Decree, March 23, 1810.

Napoleon, &c. &c. &c. Considering that the governmentof the United States; by an act dated the 1st of March 1809, which forbids the entrance of the ports, harbours, and rivers of the said states, to all French vessels, orders, 1st. that after the 20th of May following, vessels under the French flag,which shall arrive in the United States, shall be seized and confiscated as well as their cargoes: 2d. That after the same epoch, no merchandise or produce, the growth or manufacture of France or her colonies, can be imported into the said United States from any foreign port or place whatsoever, under the penalty of seizure, confiscation, and a fine of three times the value of the merchandise; 3d. That American vessels cannot go to any port of France, of her colonies or dependencies: We have decreed and do decrce what follows:

ARTICLE I. All vessels navigating under the flag of the United States, or possessed, in whole or in part, by any citizen or subject of that power, which, counting from the 20th of May, 1809, have entered or shall enter into the ports of our empire, of our colonies, or of the countries occupied by our arms, shall be seized, and the product of the sales shall be deposited in the suplus fund (caisse d'amortissement.)

There shall be excepted from this regulation, the vessels which shall be charged with despatches, or with commissions of the government of the said states, and who shall not have either cargoes or merchandise on board.

Our grand judge, minister of justice, and our minister of finance, are charged with the execution of our present decree. NAPOLEON.

107. Congressional Exposition of the Motives and Causes of the War. Manifesto of the causes and reasons of War with Great Britain, presented to the House of Representatives, by the Committee of Foreign Relations. June, 1812. Extr. House of Representatives, June 3, 1812. The period has now arrived, when the United States must support their character and station among the nations of the earth, or submit to the most shameful degradation. Forbearance has ceased to be a virtue. War on the one side, and peace on the other, is a situation as ruinous as it is disgraceful. The mad ambition, the lust of power and commercial avarice of Great Britain, arrogating to herself the complete dominion of the ocean, and exercising over it an unbounded and lawless tyranny, have left to neutral nations an alternative only between the base surrender of their rights, and a manly vindication of them. Happily for the United States their destiny, under the aid of Heaven, is in their own hands. The crisis is formidable only by their love of peace. As soon as it becomes a duty to relinquish that situation, danger disappears. They have suffered no wrongs, they have received no insults, however great, for which they cannot obtain redress.

More than seven years have elapsed, since the commencement of this system of hostile aggression by the British government, on the rights and interest of the United States. The manner of its commencement was not less hostile than the spirit with which it has been prosecuted. The United States have invariably done every thing in their power to preserve the relations of friendship with Great Britain. Of this disposition they gave a distinguished proof at the moment when they were made the victims of an opposite policy. The wrongs of the last war had not been forgotten at the commencement of the present one. They warned us of dangers, against which it was sought to provide. As early as the year 1804, the minister of the United States at London, was instructed to invite the British government to enter into a negotiation on all the points on which a collision might arise between the two countries, in the course of the war, and to propose to it an arrangement of their claims, on fair and reasonable conditions. The invitation was accepted. A negotiation had commenced and was depending, and nothing had occured to excite a doubt that it would not terminate to the satisfaction of both the parties. It was at this time, and under these circumstances, that an attack was made, by surprise, on an important branch of the American commerce, which affected every part of the United States, and involved many of their citizens in ruin.

The commerce on which this attack was so unexpectedly made, was that between the United States and the colonies of France, Spain, and other enemies of Great Britain. A commerce just in itself; sanctioned by the example of Great Britain in regard to the trade with her own colonies; sanctioned by a solemn act between the two government in the last war; and sanctioned by the practice of the British government in the present war: more than two years having then elapsed, without any interference with it.

The injustice of this attack could only be equalled by the absurdity of the pretext alleged for it. It was pretended by the British government, that in case of war, her enemy had no right to modify its colonial regulations, so as to mitigate the calamities of war to the inhabitants of its colonies. This pretension, peculiar to Great Britain, is utterly incompatible with the rights of sovereignty in every