Page images
PDF
EPUB

chant service, about the time of the war, there were between thirty and fifty thousand of our seamen employed, many of them deserters, and liable to be reclaimed as such; and, as to the rest, their impressment was just as lawful from a merchant vessel of the United States as an English vessel; for surely their having sought the service of the United States,probably for the very purpose of evading that of their own country in the hour of peril-did not absolve them from their allegiance, nor render nugatory the established law of nations, that "every State has a right to the services of its subjects, and especially in time of war." On the trial of the men taken from the Chesapeake, it was shown that three of them were unquestionably American citizens, but that they had entered the service of Great Britain voluntarily: the fourth, who was convicted of piracy and mutiny, and for these crimes hanged, was a native British subject.

the Government of Great Britain, then within the harbors or waters of the United States, immediately and without any delay to depart from the same, and interdicted the entrance of all the said harbors and waters to the said armed vessels, and to all others bearing commissions under the authority of the British Government." ." This, in its bearing, was a hostile measure; for, at the same time that this interdiction of British vessels was proclaimed, the fleets of France had free access to the ports from which their enemies were thus imperiously excluded. And this step was taken, before the President knew in what light the British Government would view the act of its officer. The proclamation was, to a considerable extent, a retaliation of the violence complained of, for, by the sudden stoppage of supplies, it caused no small inconvenience and privation to many of H. M. vessels at that time in the harbours of the United States; whilst at the very moment when this We can readily understand that American method of self-redress was put in execution, a seamen, whether native or naturalized-landemand for satisfaction and reparation had guage, garb, appearance, and other characterbeen despatched to the British Government. istic peculiarities being the same in both cases, That Government, before any suit for satisfac--may have been now and then mistaken for tion had reached it, disavowed the act on the ground that "the right of search, when applied to vessels of war, extended only to a requisition, but could not be carried into effect by actual force." Captain Humphries was recalled and Admiral Berkeley suffered the severe disgrace of being superseded. In this frank and honorable spirit did the British Government,-before one word of complaint or expostulation had been borne across the Atlantic,-promptly and spontaneously testify their concern at the mistaken proceedings of their officer, and their cordial desire to make reparation. It will be apparent, we think, to every one that their treatment of the affair exhibits, in a very strong light, the President's proclamation as a measure premature and unjustifiable.

British seamen, and, as such, impressed into the service of Great Britain; but there is positively no proof, either that the impressment was made with wilful disregard of ascertained origin, or that the mistake

pendence of the country was achieved. It was enough to protect them while they remain within our territories. Within these we had a right to make regulations. But we had no right to make regulations on the ocean, which would conflict with the pretensions of all civilized nations, who claimed the allegiance of their native born subjects either by the divine right of the governors, or by implied compact. He should not inquire whether these claims wore compatible with the It was sufficient that they grew rights of man. out of the established usages and principles of civilized kingdoms, which we had no right to controvert out of our own limits. He would therefore not protect any other than natural American citizens on the ocean. We did not deny the right of England to search for property; she went further, and claimed the privilege of searching for her seamen. The similarity of our man* American Weekly Register, 28th Sept., 1811. ners and language occasioned her to abuse the privilege in some cases by the impressment of our Extract from Mr. Sheffey's speech in the seamen. This was not an abuse of principle but House of Representatives, on the bill to raise an of honor. And before we go to war with her for additional military force-January, 3, 1812 :-impressment he would make her this offer: he "He protested against waging a war for the would agree not to let any man enter our merprotection of any other than native born American chant vessels but a natural citizen of these Unitseamen, or those who were citizens when the inde-ed States."

Right of Search,†

In the American mer

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

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,

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 there was, we fear, but little inclination on the 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 country."

part of citizens of the United States, to seck 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

Council, 11th Nov., of their The Treaty of Tilsit 1507, and Milan De- (7th July, 1807) having

cree.

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 his coveted position of supreme arbiter of the 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 seamen to one native American.

[blocks in formation]

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.

[blocks in formation]

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

precedented 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 merchandize 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 controul, 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 rigour:

And whereas his najesty, 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 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 :

tion of Great Britain.*

convenience than is absolutely inseparable from the carrying into effect his majesty's just determination to counteract the designs of his enemies, and to retort upon his enemies themselves the consequences of their own violence and injustice; and being yet willing to hope that it may be possible (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves 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 hereinafter mentioned:

His majesty is therefore pleased further to order that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging to any country not declared by this order to be subjected to the restrictions incident to a state of blockade, which shall have cleared out with such cargo from some port or place of the country to which she belongs, either in Europe or America, or from some free port in his majesty's colonies, under circumstances in which such trade from such free ports is permitted, direct to some port or place in the colonies of his majesty's enemies, or from those colonies direct to the country to which such vessel belongs, or to some free port in his majesty's colonies, in suen cases, and with such articles, as it may be lawful to import into such free port;-nor to any vessel, or the cargo of any vessel, belonging to any country not at war with his majesty, which shall have cleared out under such regulations as his majesty may think fit to prescribe, and shall be proceeding direct from some port or place in His majesty is therefore pleased, by and with this kingdom, or from Gibraltar or Malta, or from the advice of his privy council, to order, and it is any port belonging to his majesty's allies, to the hereby ordered, that all the ports and places of port specified in her clearance :-nor to any vessel France and her allies, or of any other country at or the cargo of any vessel, belonging to any counwar with his majesty, and all other ports or places try not at war with his majesty, which shall be in Europe, from, which, although not at war with coming from any port or place in Europe which is his majesty, the British flag is excluded, and declared by this order to be subject to the restricall ports or places in the colonies belonging to his tions incident to a state of blockade, destined to majesty's enemies, shall, from henceforth be sub-some port or place in Europe belonging to his ject to the same restrictions in point of trade and navigation, with the exceptions hereinafter-mentioned, as if the same were actually blockaded by his majesty's naval forces, in the most strict and rigorous manner:-And it is hereby further ordered and declared, that all trade in articles which are of the produce or manufacture of the said countries or colonies, shall be deemed and considered to be unlawful; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandize on board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured, and condemned as prize to the captors.

But although his majesty would be fully justified, by the circumstances and considerations above recited, in establishing such system of restrictions! wish respect to all the countries and colonies of his enemies, without exception or qualification; yet his majesty, being nevertheless desirous not to subject neutrals to any greater in

[ocr errors]

majesty, and which shall be on her voyage direct thereto; but these execeptions are not to be understood as exempting from capture or confiscation any vessel or goods which shall be liable thereto in respect of having entered or departed from any port or place actually blockaded by his majesty's squadrons or ships of war, or for being enemies' property, or for any other cause than the contravention of this present order.

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

IMPERIAL DECREE.

Rejoinder to his Britannic Majesty's Order, in Council, Nov. 11, 1807.-At our Royal Palace, at Milan. Dec. 17, 1807.

Napoleon, emperor of the French, king of Italy, and protector of the Rhenish Confederation :Observing the measures adopted by the British

[blocks in formation]

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 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:

[blocks in formation]

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 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, &c. are to take the necessary measures herein as to them shall respectively appertain.

W. FAWKENER.

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 curgo, to be regulated by the British legisla

ture:

property.

the arbitrary measures of the English government, "II. Whether the ships thus denationalized by 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.

"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 of honour.

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

[blocks in formation]

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.

Plea advanced by France and repeated

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
British Government
before the Berlin and
Milan Decrees.

The perfect honesty of the plea of absolute 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

It was pleaded by by the United States. France, and the plea was States was at this time derived from commerce; echoed by the United States, that the British | yet their bias lay with a man who was a downright blockade of May, 1806, as constituting the hater of commerce; who evinced a sort of fanatical malice against commerce. His policy was to first aggression, justified the Berlin decree; make France independent of commerce (a scheme but the two cases were, in principle, widely wilder than the Crusades!); and in his efforts to different. The blockade declared by Great realize this, he literally attempted to force nature herself into subservience to him :-"Enacting Britain embraced no greater extent of coast penal statutes to force the cultivator of the than the immense strength of the British Navy soil to employ his land in endeavouring to raise supplied the means of adequately watching; certain products in a climate ungenial to their and special pains were taken beforehand, by and tobacco and indigo, where nature never in: to plant beet instead of corn; and cotton growth: communication with the Admiralty, to ascer-tended them to grow."

« PreviousContinue »