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national interests at her command, and, in abdication of their just rights, to adopt a code by which they are required to exclude, under the mask of municipal regulations, whatever is British from their dominions.

The pretext for these extravagant demands is, that some of these principles were adopted by voluntary compact in the treaty of Utrecht; as if a treaty once existing between two particular countries, founded on special and reciprocal considerations, binding only on the contracting parties, and which in the last treaty of peace between the same powers, had not been revived, were to be regarded as declaratory of the publick law of nations.

It is needless for his royal highness, to demonstrate the injustice of such pretensions. He might otherwise appeal to the practice of France herself in this and in former wars, and to her own established codes of maritime law. It is sufficient that these new demands of the enemy form a wide departure from those conditions on which the alleged repcal of the French decrees was accepted by America ; and upon which alone erroneously assuming that repeal to be complete, America has claimed a revocation of the British orders in council.

His royal highness, upon a review of all these circumstances, feels persuaded that so soon as this formal declaration by the government of France, of its unabated adherence to the principles and provisions of the Berlin and Milan decrees, shall be made known in America, the government of the United States, actuated not less by a sense of justice to Great Britain, than by what is due to its own dignity, will be disposed to recall those measures of hostile exclusion, which, under a misconception of the real views and conduct of the French government, America has exclusively applied to the commerce and ships of war of Great Britain.

To accelerate a result so advantageous to the true interests of both countries, and so conducive to the re-establishment of perfect friendship between them; and to give a decisive proof of his royal highness' disposition to perform the engagements of his majesty's government, by revoking the orders in council whenever the French decrees shall be actually and unconditionally repealed, his royal highness the prince regent, has been this day pleas.

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ed, in the name and on the behalf of his majesty, and by and with the advice of his majesty's privy council, to order and declare :

“ That if at any time hereafter, the Berlin and Milan decrees shall, by some authentick act of the French government publickly promulgated, be expressly and unconditionally repealed, then and from thenceforth the order in council of the 7th day of January, 1807, and the order in council of the 26th day of April, 1809, shall, without any further order, be, and the same hereby are declared from thenceforth to be wholly and absolutely revoked : and further, that the full benefit of this order shall be extended to any ship or vessel captured subsequent to such authentick act of repeal of the French decrees, although antecedent to such repeal, such ship or vessel shall have commenced and shall be in the prosecution of a voyage, which, under the said orders in council, or one of them, would have subjected her to capture and condemnation ; and the claimant of any ship or cargo which shall be captured at any time subsequent to such authentick act of re. peal by the French government, shall, without any further order or declaration on the part of his majesty's government on this subject, be at liberty to give in evidence in the high court of admiralty or any court of vice admiralty, before which such ship or vessel or its cargo shall be brought for adjudication, that such repeal by the French government had been by such authentick act promulgated prior to such capture; and upon proof thereof the voyage shall be deemed and taken to have been as lawful as if the said orders in council had never been made ; saving, nevertheless, to the captors such protection and indemnity as they may be equitably entitled to, in the judgment of the said court, by reason of their ignorance or uncertainty as to the repeal of the French decrees, or of the recognition of such repeal by his majesty's government, at the time of such capture.

“ His royal highness, however, deems it proper to de. clare, that, should the repeal of the French decrees, thus anticipated and provided for, afterwards prove to have been illusory on the part of the enemy; and should the restrictions thereof be still practically enforced or revived by the enemy, Great Britain will be obliged, however reluctantly, after reasonable notice to neutral powers, to have recourse to such measures of retaliation as may then appear to be just and necessary."

Westminster, April 21, 1812.

At the Court at Carleton House, the twenty-first of April,

one thousand eight hundred and twelve, present, His Royal Highness, the Prince Regent in Council.

Whereas, the government of France has, by an official report, communicated by its minister for foreign affairs to the conservative senate, on the tenth of March last, removed all doubts as to the perseverance of that government in the assertion of principles, and in the maintenance of a system, not more hostile to the maritime rights and commercial interests of the British empire, than inconsistent with the rights and independence of neutral nations, and has thereby plainly developed the inordinate pretensions which that system, as promulgated in the decrees of Berlin and Milan, was from the first designed to enforce:

And whereas, his majesty has invariably professed his readiness to revoke the orders in council, adopted thereupon, as soon as the said decrees of the enemy should be formally and unconditionally repealed, and the commerce of neutral nations restored to its accustomed course :

His royal highness the prince regent (anxious to give the most decisive proof of his royal highness' disposition to perform the engagements of his majesty's government) is pleased, in the name and on the behalf of his majesty, and by and with the advice of his majesty's privy council, to order and declare, and it is hereby ordered and declared, that if, at any time hereafter, the Berlin and Milan decrees shall, by some authentick act of the French government, publickly promulgated, be absolutely and unconditionally repealed, then,

and from thenceforth, the order in council of the seventh day of January, one thousand eight hundred and seven, and the order in council of the twenty-sixth day of April, one thousand eight hundred and nine, shall, without any further order, be, and the same are hereby declared from thenceforth to be wholly and absolutely revoked: And further, that the full benefit of this order shall be extended to any ship or cargo captured subsequent to such authentick act of repeal of the French decrees, although antecedent to such repeal such ship or vessel shall have commenced and shall be in the prosecution of a voyage which, under the said orders in council, or one of them would have subjected her to capture and condemnation; and the claimant of any ship or cargo which shall be captured or brought to adjudication, on account of any alleged breach of either of th said orders in council, at any time subsequent to such authentick act of repeal by the French government, shall, without any further order or declaration on the part of his majesty's government on this subject, be at liberty to give in evidence, in the high court of admiralty, or any court of viceadmiralty before which such ship or cargo shall be brought for adjudication, that such repeal by the French government had been, by such authentick act promulgated prior to such capture; and upon proof thereof, the voyage shall be deemed and taken to have been as lawful as if the said orders in council had never been made ; saving, nevertheless, to the captors such protection and indemnity as they may be equitably entitled to in the judgment of the said court, by reason of their ignorance, or uncertainty as to the repeal of the French decrees, or of the recognition of such repeal by his majesty's government at the time of such capture:

His royal highness, however, deems it proper to declare, that, should the repeal of the French decrees, thus anticipated and provided for, prove afterwards to have been illusory on the part of the enemy; and should the restrictions thereof be still practically enforced, or revived by the enemy, Great Britain will be compelled, however reluctantly, after reasonable notice, to have recourse to such measures of retaliation as may then just and necessary.

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 shall respectively appertain.

CHETWYND.

appear to be

Mr. Russell to Mr. Monroe. London, April 26, 1812.

[See preceding vol. p. 482.]

Mr. Russell to Lord Castlereagh. 18 Bentinck Street,

April 25, 1812.
[See preceding vol. p. 483-9.]

Extract of a Letter from Mr. Russell to Mr. Monroe. Lon

don, May 1, 1812. « The declaration and order in council of the 21st ult. not only mark with the utmost precision the line of policy which the present ministry means inflexibly to pursue towards the United States, but, confirm my conjectures in relation to the instructions lately sent to Mr. Foster by the Mackarel. I have learnt, from a respectable source, that lord Sidmouth has declared, in reference to his at. tempt for a modification of the orders, that these measures were all that he could obtain. I wonder much how his lordship can suppose that in them he has obtained any thing.

"I have not yet received any reply to my note to lord Castlereagh of the 25th ultimo,

Mr. Russell to Mr. Monroe. London, May 9, 1912.

SIR, I have the honour to hand you here with a note from lord Castlereagh of the third of this month, acknowledging the receipt of that which I addressed to his lordship on the 25th ultimo. I am, sir, &c. &c. &c.

JONA. RUSSELL.

The undersigned, his majesty's principal secretary for foreign affairs, has the honour to acknowledge the receipt of Mr. Russell's note of the 25th ultimo, in reply to that of the undersigned, dated the 21st, transmitting the declaration published on that day by order of his royal high

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