The most famous French decrees under the empire were those issued by Napoleon at Berlin, November 21, 1806, and at Milan, December 17, 1807. These decrees, under which many neutral vessels were seized, were justified by the emperor on the ground of the alleged iniquity of British maritime law, and were "resorted to only in just retaliation of the barbarous system adopted by England, which assimilates its legislation to that of Algiers." The Berlin decree prohibited all commerce with the British Isles, which were declared to be in a state of blockade. By the Milan decree any vessel submitting to search by an English ship was declared denationalized, to have forfeited the protection of its government, and to be good prize if falling into the hands of the French; and the British Isles were again declared to be blockaded. These decrees were answered on the part of England by additional orders in council, and thus the two powers fought each other with paper blockades and other restrictions on commerce of which the neutral was the victim.1

Smarting under the injuries inflicted by these measures, the United States took part in the game of retaliation by the passage of the embargo act, December 22, 1807, and several supplementary acts, which prohibited all foreign commerce. These acts were bitterly attacked by the Federalists under 1 St. Pap. vol. v, pp. 475-479, vol. vi, pp. 58, 62, 73–75, 456-471, vol. vii, pp. 7–24, 163. See Appendix III.

2 Statutes at Large, vol. ii, pp. 451, 453, 473, 499, 506.

the lead of Josiah Quincy and, as they seriously injured the shipping interests of the country, they were superseded, March 1, 1809, by the non-intercourse act, by which commercial relations with France and England alone were interdicted.1 It was thought that these measures would not only keep American shipping out of harm's way, but would cause sufficient embarrassment to the belligerents by cutting off their supplies and crippling their trade to induce them to revoke their obnoxious regulations. In reply to these acts of the United States, Napoleon announced, in 1808 and 1810, the Bayonne and Rambouillet decrees. Under the former American vessels were seized because they could not lawfully sail the seas, being forbidden by the embargo acts of their own country; the latter ordered the condemnation of all American vessels entering French ports after May 20, 1809. These decrees so enlarged the scope of the French system that practically all American property at sea or in the ports of continental Europe was exposed to capture and loss. The injury inflicted was all the worse because seizures made before July 31, 1809, were express violations of the convention of 1800, which expired on that date; and moreover many prizes were condemned by so-called imperial decisions, contrary to the law of nations which guarantees a fair trial of every prize.2

1 Statutes at Large, vol. ii, pp. 528, 547, 550.

2 St. Pap. vol. vi, pp. 57, 478–485, 491–499, vol. vii, pp. 5, 25,

France and England each declared itself ready to revoke its edicts if the other would do the same, but neither would take the first step. May 1, 1810, the non-intercourse act was suspended, some of its restrictions being retained in a new act which provided that if either Great Britain or France should revoke its edicts before the following March these restrictions should cease to operate against that power; furthermore, if the other belligerent did not also revoke its edicts within three months, non-intercourse as provided in the act of March 1, 1809, should be revived as to that nation.1 Then followed the announcement by Napoleon of the revocation of his decrees. On the very same day, August 5, 1810, he issued the Trianon decree, which condemned all American "vessels and cargoes seized in France or in the dominions of her allies subsequent to May, 1809." This decree was secret and was not known in America until it accidentally came into the hands of Albert Gallatin several years later. Although this, as well as subsequent announcements of revocation by Napoleon, proved disingenuous and deceptive, the non-intercourse act never again became operative against France. There was, however, a decided sentiment of hostility towards that nation, and in June, 1812, when war was declared against England, "propositions were made

75-86, 164, 300, 351-353, 362-367, 399-404, 456-468, vol. viii, p. 330; Mahan, vol. ii, pp. 272–292, 351–357.

1 Statutes at Large, vol. ii, pp. 605, 651.

in both houses of Congress to comprise France in the same declaration, and in the Senate the vote was fifteen for, to seventeen against it; in the other House the majority against it was proportionably greater." It is likely that this vote would have been reversed had it not been for an intimation that France was disposed to pay indemnities."

The total number of seizures of American vessels by the French after 1801, under the imperial decrees, was reported to be five hundred and fiftyeight. During the same time the English took nine hundred and seventeen American vessels.

Besides the French and English spoliations, American commerce suffered severely during these years at the hands of other powers, generally allies of France and acting under the direction or influence of Napoleon. These powers were Spain, Denmark, Naples, and Holland. The depredations imputed to Spain included vessels seized by the Spanish alone, by Spanish and French acting together, and by the French in Spanish waters and sent into French ports or into Spanish ports, to be condemned by French consuls. There were many cases of earlier date than the period under consideration. October 1, 1799, Consul Young at Madrid reported two hundred and ten seizures of American 1 St. Pap. vol. ix, p. 254.

2 Ibid. vol. vii, pp. 368, 405, 441-447, 468–478, vol. viii, pp. 11-44, 135-150, 160, 186-205, 324–328, 400-429, vol. ix, pp. 81-85, 214-217, 233-265; Gallatin's Writings, vol. ii, pp. 197–199, 279. St. Pap. vol. vii, pp. 331-342; vol. ix, pp. 36-40.

vessels or cargoes within three years. In 1800 the king of Spain declared the blockade of Gibraltar. Spoliations continued, and in 1805 the Spaniards became especially aggressive. The French decrees of Berlin and Milan were followed by Spanish decrees of the same import, and under these many American vessels were seized. During 1809 and 1810 one hundred and sixty American vessels were captured by Danish cruisers, or by Norwegian privateers commissioned by the king of Denmark, and taken into the ports of Denmark and Norway; and in 1810 several vessels captured by French privateers were tried and condemned in Danish ports. At Naples in 1809 forty-seven American vessels with their cargoes were seized and converted to public use. About the same time several American vessels in Dutch ports were sequestered and their cargoes delivered by King Louis to his brother, the Emperor Napoleon.*

The downfall of the French Empire and the restoration of general peace in Europe at last put an end to depredations upon American commerce.

1 St. Pap. vol. iii, p. 170, vol. iv, pp. 426-448, vol. v, pp. 6270, 208, 487, vol. vi, p. 76, vol. vii, pp. 89, 169, vol. ix, pp. 196, 197; For. Rel. vol. ii, pp. 669-678; Doc. 102, pp. 793-795.

2 St. Pap. vol. vii, pp. 314-330, 342-348, 369, vol. viii, pp. 205233, 304-323, vol. ix, pp. 90-119.

8 Ibid. vol. ix, p. 39, vol. xi, p. 492.

4 For. Rel. vol. v, pp. 600, 601.