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France: Decrees on Trade 1793-1810
Rejoinder to His Britannic Majesty's order in council of the 11th
November, 1807.
At our Royal Palace at Milan, December 17, 1807.
Napoleon, Emperor of the French, King of Italy, and Protector of
the Rhenish Confederation:
Observing the measures adopted by the British Government, on the 11th
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 British cruisers, but to be compulsorily detained in England, and
to have a tax laid on them of so much per cent. on the cargo, to be
regulated by the British Legislature:
Observing that, by these acts, the British Government denationalize
ships of every nation of 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 the
flag; that if, by an unpardonable weakness, and which in the eyes of
posterity would be an indelible stain, if 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 tolerance of Government to establish the infamous
principle that the flag of a nation does not cover goods, and to have
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. 1. Every ship, to whatever nation it may belong, that shall
have submitted to be searched by an English ship, or to a voyage to
England, or shall have paid any tax whatsoever to the English Government,
is thereby and for that alone declared to be denationalized, to have
forfeited the protection of its King, and have become English property.
Art. 2. Whether the ships thus denationalized by the arbitrary measures
of the English Government 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 prize.
Art. 3. The British Isles are declared to be in a state of blockade,
both by land and by sea. Every ship, of whatever nation, or whatsoever
the nature of its cargo so may be, that sails from the ports of England,
or those of the English colonies, or of countries occupied by English
troops, and proceeding to England, or to the English colonies, or
to 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.
Art. 4. 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
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 honor.
All our ministers are charged with the execution of the present decree,
which shall be inserted in the bulletin of the laws.
NAPOLEON.
By order of the Emperor:
H. B. MARET, Secretary of State.
Placed on the Napoleon
Series March 2003
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