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sions of the act of non-intercourse which prohibits the vessels and merchandise of Great Britain, her colonies and dependencies, from entering into the ports of the United States.

Considering that the said law is an act of resistance to the arbitrary pretensions consecrated by the British orders in council, and a formal refusal to adhere to a system invading the independence of neutral powers and of their flag; we have ordered and do decree as follows:

The decrees of Berlin and Milan are definitively, and to date from 1st November last, considered as not existing in regard to American vessels.

NAPOLEON. By the emperor, the minister secretary of state.

THE COUNT DARA.

Lord Castlereagh to Mr. Russell.

Foreign Office, May 23, 1812. Lord Castlereagh presents his compliments to Mr. Russe and has the honour to acknowledge the receipt of his official note of 20th instant, transmitting copies of two official letters of the French ministers, and of a decree of the French govern. ment, bearing date the 28th of April, 1811. Lord Castlereagh will immediately lay these documents before his royal highness the prince regent, and avails himself of this opportunity

to renew to Mr. Russell the assurances of his high consideration.

Jonathan Russell, Esq., &C.

Mr. Russell to the Secretary of State.

London, 26th June, 1812. Sir, I have the honour to hand to you herein, an order of council of the 23d of this month, revoking the orders in council of the 7th of January, 1807, and of the 26th of April, 1809.

To this decree I have added copies of two notes of the same date from lord Castlereagh, accompanying the communication of it to me, and also a copy of my answer. With great respect and consideration, I am, &c.

JONA. RUSSELL..

At the court at Carlton House the. 23d of June, 1812, present

his Royal Highness the Prince Regent, in Council. Whereas his royal highness, the prince regent, was pleased to declare, in the name and on the behalf of his majesty, on the 21st day of April, 1812, “ that if at any time hereafter the Berlin and Milan decrees shall, by some authentic act of the French government, publicly promulgated, be absolutely and unconditionally repealed, then, and from thenceforth, the order

in council of the 7th of January 1807, and the order in council of the 26th of April, 1809, shall, without any further order, be, and the same are hereby declared from thenceforth to be wholly and absolutely revoked.”

And whereas the charge des affaires of the United States of America, resident at this court, did, on the 20th day of May last, transmit to lord viscount Castlereagh, one of his majesty's principal secretaries of state, a copy of a certain instrument then for the first time communicated to this court, purporting to be a decree passed by the government of France on the 28th day of April, 1811, by which the decrees of Berlin and Milan are declared to be definitively no longer in force in regard to American vessels.

And whereas his royal highness, the prince regent, although he cannot consider the tenor of the said instrument as satisfying the conditions set forth in the said order of the 21st day of April last, upon which the said orders were to cease and determine, is nevertheless disposed on his part to take such measures as may tend to re-establish the intercourse between neutral and belligerent nations upon its accustomed principles. His royal highness the prince regent, in the name and on the behalf of his majesty, is therefore pleased, by and with the advice of his majesty's privy council, to order and declare, and it is hereby ordered and declared, that the order in council bearing date the 7th day of January, 1807, and the order in council bearing date the 26th day of April, 1809, be revoked, so far as may regard American vessels, and their cargoes being American property, from the 1st day of August next.

But whereas by certain acts of the government of the United States of America, all British armed vessels are excluded from the harbours and waters of the said United States, the armed vessels of France being permitted to enter therein, and the commercial intercourse between Great Britain and the said United States is interdicted, the commercial intercourse between France and the said United States having been restored, his royal highness the prince regent is pleased hereby further to declare, in the name and on the behalf of his majesty, that if the government of the said United States shall not, as soon as may be, after this order shall have been duly notified by his majesty's minister in America to the said government, revoke or cause to be revoked the said acts, this present order shall in that case, after due notice signified by his majesty's minister in America to the said government, be thenceforth null and of no effect.

It is further ordered and declared, that all American vessels, and their cargoes being American property, that shall have

been captured subsequently to the 20th of May last, for a breach of the aforesaid orders in council alone, and which shall not have been actually condemned before the date of this order, and that all ships and cargoes as aforesaid, that shall henceforth be captured under the said orders prior to the first day of August next, shall not be proceeded against to condemnation till further orders; but shall, in the event of this order not becoming null and of no effect, in the case aforesaid, be forthwith liberated and restored, subject to such reasonable expenses on the part of the captors as shall have been justly incurred.

Provided that nothing in this order contained, respecting the revocation of the orders herein mentioned, shall be taken to revive wholly or in part, the orders in council of the 11th of November, 1807, or any other order not herein mentioned, or to deprive parties of any legal remedy to which they may be entitled under the order in council of the 21st April, 1812.

His royal highness is hereby pleased further to declare, in the name and on the behalf of his majesty, that nothing in this present order contained, shall be understood to preclude his royal highness the prince regent, if circumstances shall so require, from restoring, after reasonable notice, the orders of the 7th of January, 1807, and 26th of April, 1809, or any part thereof, to their full effect, or from taking such other measures of retaliation against the enemy as may appear to his royal highness to be just

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 judge of the high court of admiralty, and the judges of the courts of vice admiralty, are to take the necessary measures herein, as to them may respectively appertain.

JAMES BULLER. Lord Castlereagh to Mr. Russell.

Foreign Office, June 23, 1812. Sir, I am commanded by the prince regent to transmit to you for your information, the enclosed printed copy of an order in council which his royal highness, acting in the name and on the behalf of his majesty, was this day pleased to issue, for the revocation (on the conditions therein specified) of the orders in council of the 7th January, 1807, and of the 26th of April, 1809, so far as may regard American vessels and their cargoes, being American property, from the 1st August next.

I have the honour to be, &c. CASTLEREAGH.

Lord Castlereagh to Mr. Russell.

Foreign Office, June 23, 1812. Sir, in communicating to your government the order in council of this date, revoking (under certain conditions therein specified) those of January 7th, and of April 26th, 1809, I am to request that you will at the same time acquaint them, that the prince regent's ministers have taken the earliest opportunity, after the resumption of the government, to advise his royal highness to the adoption of a measure grounded upon the document communicated by you to this office on the 20th ultimo; and his royal highness hopes that this proceeding, on the part of the British government, may accelerate a good understanding on all points of difference between the two states.

I shall be happy to have the honour of seeing you at the foreign office at 2 o'clock to-morrow; and beg to apprize you that one of his majesty's vessels will sail for America with the dispatches of the government in the course of the present week.

I have the honour to be, &c. CASTLEREAGH.

Mr. Russell to Lord Castlereágh.

18, Bentinck-st. June 26, 1812. My lord, I have the honour to acknowledge the receipt of the two notes addressed to me by your lordship on the 23d of this month, inclosing an order in council, issued that day by his roval highness the prince regent, acting in the name and on the behalf of his Britannic majesty, for the revocation (on the conditions therein specified) of the orders in council of the 7th of January, 1807, and of the 26th of April, 1809, so far as may regard American vessels and their cargoes, being American property, from the first of August next.

In communicating this document to my government, I shall, with much satisfaction, accompany it with the hopes which you state to be entertained by his royal highness the prince regent, that it may accelerate a good understanding on all points of difference between the two states. . I am the more encouraged to believe that these hopes will not be disappointed, from the assurance which your lordship was pleased to give me, in the conversation of this morning, that, in the opinion of your lordship, the blockade of the 16th of May, 1806, had been merged in the orders in council, now revoked, and extinguished with them; and that no condition contained in the order of the 23d instant, is to be interpreted to restrain the government of the United States from the exercise of its right to exclude British armed vessels from the harbours and waters of the United States, whenever there shall be special and sufficient cause for

so doing, or whenever such exclusion shall, from a general po-
licy, be extended to the armed vessels of the enemies of Great
Britain. This assurance I am happy to consider as evidence of
a conciliatory spirit, which will afford on every other point of
difference an explanation equally frank and satisfactory.
I am, my lord, with great consideration, &c.

JONA. RUSSELL.

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Mr. Russell to the Secretary of State.

London, 2d July, 1812. Sir, I avail myself of the opportunity afforded by the British packet, to transmit to you a copy of a note from lord Castlereagh, of the 29th ultimo, which I trust will put at rest the blockade of 1806.

I acknowledged the receipt of this note, as you will observe by the inclosed

copy of my reply, without a comment. I did not think it useful to enter into a discussion at this mo. ment concerning the legality of that blockade, which, as no new doctrine appears to be assumed, is made to depend on the fact, the application of an adequate force.

In like manner I have forborne to notice his lordship's observations concerning the exclusion, from our ports, of British vessels of war. As such exclusion is required to accord with the obligations of strict neutrality only, the conduct and character of the government of the United States furnish security against any question arising on that subject.

I have the honour to be, &c. JONA. RUSSELL.

Lord Castlereagh to Mr. Russell.

Foreign Office, June 29, 1812. Lord Castlereagh has the honour to acknowledge the receipt of Mr. Russell's communication of the 26th instant.

That no mistake may prevail upon the explanation given in conversation by lord Castlereagh to Mr. Russell, on the two points referred to in Mr. Russell's letter, lord Castlereagh begs leave to re-state to Mr. Russell, with respect to the blockade of May, 1806, that, in point of fact, this particular blockade has been discontinued for a length of time; the general retaliatory blockade of the enemy's ports, established under the orders in council, of November, 1807, having rendered the enforcement of it by his majesty's ships of war no longer necessary; and that his majesty's government have no intention of recurring to this or to any other blockades of the enemy's ports, founded upon the ordinary and accustomed principles of maritime law, which VOL. I. PART I.

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