CHAP. might arm them against his authority, or render necessary a return to more equitable measures. L. 1807. 11. Orders in Council of Nov. 11. Under the influence of these ideas, the celebrated Orders in Council of 11th November 1807 were issued, which, on the preamble of the British Islands having been declared by the Berlin decree in a state of blockade, and of all importation of British merchandise having been absolutely prohibited, and of the mitigated measure of retaliation, adopted in the Order in Council of 7th January 1807, having proved inadequate to the object of effecting the repeal of that unprecedented system of warfare, declared that from henceforth "all the ports and places of France and her allies, from which, though not at war with his Majesty, the British flag is excluded, shall be subject to the same restrictions, in respect of trade and navigation, as if the same were actually blockaded in the most strict and rigorous manner; and that all trade in articles the produce or manufacture of the said countries or colonies, shall be deemed to be unlawful, and all such articles declared good prize; declaring always that nothing herein contained shall be construed to extend to capture or detention of any vessel or cargo which shall belong to a country not declared by this order subject to a strict blockade, which shall have cleared out with such cargo from such port to which she belongs, either in Europe or America, or from some free port in the British colonies, under circumstances in which such trade from such free port is permitted, direct to some port or place in the colonies of his Majesty's enemies, or from those colonies direct to the countries to which such vessel belongs, or to some free port in his Majesty's colonies; nor to any vessel or cargo belonging to a country not at war with his Majesty, which shall have cleared out from some port in this kingdom, and shall be proceeding direct to the port specified in her clearance; nor to any vessel or cargo belonging to any country not at war with his Majesty, which shall be coming from any port or place in Europe L. 1807. declared by this order to be subject to a strict blockade, CHAP. destined to some port or place in Europe belonging to his Majesty, and be on her voyage direct thereto." All vessels contravening this order are declared good prize. "And whereas countries not engaged in the war have acquiesced in the orders of France, and have given countenance and effect to these prohibitions, by obtaining from agents of the enemy certain documents styled 'certificates of origin,' therefore if any vessel, after having had reasonable time to receive notification of the present order, shall be found carrying any such certificate, it, Parl. Deb. shall be declared good prize, together with the goods on x. 134, 138. board."1 12. these Or Divested of the technical phraseology in which, for the sake of legal precision, these orders are couched, they in Import of effect amount to this: Napoleon had declared the British ders. Islands in a state of blockade, and subjected all goods of British produce or manufacture to confiscation within his dominions, or those of the countries subjected to his control, and prohibited from entering any harbour all vessels which had touched at any British port; and the English government, in reply, proclaimed France and all the Continental states in a state of blockade, and declared all vessels good prize which should be bound for any of their harbours, excepting such as had previously cleared out from, or touched at, a British harbour. Thus France prohibited all commerce with England, or traffic in English goods, and England prohibited all commerce between any of the states which had embraced the Continental System and each other, unless in vessels bound for some British harbour. By a supplementary Order in Council, the severe enactments of this regulation were declared not to extend to "articles of the produce and manufac- Additional "Orders in tures of the blockaded countries which shall be laden on board British ships;" Council, and by a more material one, issued six weeks afterwards, it was provided, Nov. 25, "that nothing in the order of 11th November shall be construed so as to 1807. and Dec. 18, 1807. permit any vessel to import any produce or manufactures of the enemy's 2 Parl. Deb. colonies in the West Indies, direct from such colonies to any port in the British x. 148. dominions." 2 L. 1807. sions. 6. which it has not a single ship of war, although a place cannot be considered as blockaded till it is in such a manner beset that entry cannot be obtained without imminent danger; that it even declares blockaded places which all its naval forces are inadequate to blockade, as entire coasts and a whole empire; that this monstrous violation of the law of nations has no other object but to obstruct the communications of other people, and elevate the industry and commerce of England upon the ruins of that of the Continent; that this being the evident design of England, whoever deals on the Continent in British merchandise by that very act favours its designs, and becomes participant in them; that this conduct of England, worthy of the first barbarous ages, has hitherto turned to its own great profit and the detriment of all other states; and that the law of nature entitles every belligerent to oppose its enemy with the arms with which it combats, and the mode of hostility which it has adopted, when it disregards every idea of justice and liberality, the result of civilisation among mankind:" on this preamble it declared "1. The British Islands are placed in a state of blockade. Its provi- 2. Every species of commerce and communication with them is prohibited; all letters or packets addressed in English, or in the English characters, shall be seized at the post-office, and their circulation interdicted. 3. Every British subject, of what rank or condition whatever, who shall be found in the countries occupied by our troops, or those of our allies, shall be made prisoner of war. 4. Every warehouse, merchandise, or property of any sort, belonging to a subject of Great Britain, or coming from its manufactories or colonies, is declared good prize. 5. Commerce of every kind in English goods is prohibited; and every species of merchandise belonging to England, or emanating from its workshops or colonies, is declared Reg. 1806, 677; and see the previous Prussian proclamation, excluding British trade, on 28th March 1806. Ibid. 692; and MARTENS, Sup. v. 435. L. 1807. good prize. 6. The half of the confiscated value shall be CHAP. devoted to indemnifying those merchants whose vessels have been seized by the English cruisers, for the losses which they have sustained. 7. No vessel coming directly from England, or any of its colonies, or having touched there since the publication of the present decree, shall be received into any harbour. 8. Every vessel which, by means of a false declaration, shall have effected such entry, shall be liable to seizure, and the ship and cargo shall be confiscated as if they had also belonged to England. 9. The prize-court of Paris is intrusted with the determination of all questions arising out of this decree in France, or the countries occupied by our armies; that of Milan, with the decision of all similar questions in the kingdom of Italy. 10. This decree shall be communicated to the Kings of Spain, Naples, Holland, and Etruria, and to our other allies, whose subjects have been the victims, like our own, of the iniustice and barbarity of English Martens, ers of foreign affairs, of war, 201. Scholegislation. 11. The of justice, of police, and all ell, ix. 344; ch in his own department, xvii. 46, 47. sent decree."* Reg. 1866, and Dum. its rigorous ainst English 7. Napoleon wrote the or of Paris :-"Take iss tea; it is as good ys inferior to that of their drawing-rooms, like Madame de Staël. is composed of English s of my chief officers do ? It is a contest of life or the most cordial support OLEON to JUNOT, 23d Nov. and its L. 1807. CHAP. which it has not a single ship of war, although a place cannot be considered as blockaded till it is in such a manner beset that entry cannot be obtained without imminent danger; that it even declares blockaded places which all its naval forces are inadequate to blockade, as entire coasts and a whole empire; that this monstrous violation of the law of nations has no other object but to obstruct the communications of other people, and elevate the industry and commerce of England upon the ruins of that of the Continent; that this being the evident design of England, whoever deals on the Continent in British merchandise by that very act favours its designs, and becomes participant in them; that this conduct of England, worthy of the first barbarous ages, has hitherto turned to its own great profit and the detriment of all other states; and that the law of nature entitles every belligerent to oppose its enemy with the arms with which it combats, and the mode of hostility which it has adopted, when it disregards every idea of justice and liberality, the result of civilisation among mankind :" on this preamble it declared 6. Its provisions. "1. The British Islands are placed in a state of blockade. 2. Every species of commerce and communication with them is prohibited; all letters or packets addressed in English, or in the English characters, shall be seized at the post-office, and their circulation interdicted. 3. Every British subject, of what rank or condition whatever, who shall be found in the countries occupied by our troops, or those of our allies, shall be made prisoner of war. 4. Every warehouse, merchandise, or property of any sort, belonging to a subject of Great Britain, or coming from its manufactories or colonies, is declared good prize. 5. Commerce of every kind in English goods is prohibited; and every species of merchandise belonging to England, or emanating from its workshops or colonies, is declared Reg. 1806, 677; and see the previous Prussian proclamation, excluding British trade, on 28th March 1806. Ibid. 692; and MARTENS, Sup. v. 435. |