Soon after, on the 6th of November, 1793, another order was issued

by the British ministry, directing the seizure of "all ships laden

with goods the produce of any colony belonging to France, or carrying

provisions or other supplies for the use of any such colony." This

order was based upon the Rule of 1756, so called from the war in which

it first came conspicuously into notice, and the principle of which, as

stated by British authorities, was that a trade forbidden to neutrals

by the laws of a country, during peace, could not be lawfully carried

on by them in time of war, for the convenience of the belligerent;

because, by such employment, their ships "were in effect incorporated

in the enemy's navigation, having adopted his commerce and character

and identified themselves with his interests and purposes."[300] At

that time the colonial trade was generally reserved to the mother

country; and against it particularly, together with the coasting

trade, similarly restricted, was this ruling of the British courts and

government directed. Neutrals replied, "Because the parent country

monopolizes in peace the whole commerce of its colonies, does it follow

that in war it should have no right to regulate it at all?"[301] "We

deny that municipal regulations, established in peace, can in any wise

limit the public rights of neutrals in time of war."[302] It is evident

that these two lines of argument do not fairly meet each other; they

resemble rather opposite and equal weights in a balance, which will

quickly be overturned when passion or interest, combined with power, is

thrown in upon either side. Starting from such fundamentally different

premises, interested parties might argue on indefinitely in parallel

lines, without ever approaching a point of contact.

The chief present interest in this question, referring as it does

to an obsolete colonial policy, is as illustrative of one of those

dead-locks, which, occurring at a critical moment, when passion or

interest is aroused, offer no solution but by war. It was useless to

point out that Great Britain relaxed in every direction her own peace

regulations, for the advantage of British commerce in the present

contest. The reply was perfectly apt, that she did not dispute the

right of her enemy to avail himself of any help the neutral could give;

she only asserted the determination not to permit the neutral to extend

it with impunity. There was no doubt, in the mind of any considerable

body of Englishmen, as to the perfect soundness of the English

doctrine. Lord Howick, who, as Mr. Grey, had embarrassed his party in

1792 by the exuberance of his liberalism,[303] as foreign minister

in 1807 wrote: "Neutrality, properly considered, does not consist in

taking advantage of every situation between belligerent states by which

emolument may accrue to the neutral, whatever may be the consequences

to either belligerent party; but in observing a strict and honest

impartiality, so as not to afford advantage in the war to either; and,

particularly, in so far restraining its trade to the accustomed course

which it held in time of peace, as not to render assistance to one

belligerent in escaping the effects of the other's hostilities."[304]

An agreement among any number of the subjects of the interested nation

proves nothing as to the right of the question, but the irreconcilable

divergence of views at this time shows most clearly the necessity,

under which every country lies, to be ready to support its own sense of

its rights and honor by force, if necessary.

Under the order of November 6, some hundreds of American ships were

seized and brought into West Indian ports by British cruisers.[305] The

application of the order to them was, however, liable to two serious

objections, even admitting the principle. In the first place, it was

made without warning, under a rule that was at least not generally

accepted; and in the second place, the trade between the French West

India Islands and the United States had been permitted, before the

war, in vessels of sixty tons and upwards.[306] In the year ending

September 30, 1790, fifty-seven thousand tons of American shipping

entered home ports from the French colonies. The trade, therefore, was

one that existed prior to the war, and so did not come under the rule

of 1756.[307] The order of November 6 was not made public until nearly

the end of the year; the United States minister in London not receiving

a copy until Christmas Day. He hastened at once to protest, but before

he could obtain an audience a second was issued, January 8, 1794,

revoking the former and limiting the operations of the rule to vessels

bound from the colonies direct to Europe. Although the principle was

maintained by the new order, and not admitted by the United States,

still, as their own trade was excepted, much dissatisfaction was

removed.

The serious nature of the difficulties that had already arisen

determined the government to send an extraordinary envoy to England.

John Jay was nominated to this office, and reached London in June,

1794. The British government, having already receded from its first

position, as well as revoked the order of June 8, 1793, for the

seizure of provisions, found no difficulty in assuming a conciliatory

attitude. The result of Jay's mission was a treaty of Commerce and

Navigation, concluded November 19, 1794, the first contracted between

the two countries since the separation. The injuries done to American

commerce, under the orders of November 6, were to be submitted to a

joint commission. The report of the latter was not made until 1804,

but by it compensation was made for most of the seizures; and it was

claimed in the following year by Mr. Monroe, then envoy in London, that

the decision of the commission definitely disposed of the principle of

the Rule of 1756. It does not appear, however, that its power extended

further than the settlement of the cases. There, its decision was to be

final; but it had no power to commit either government to any general

principle of international law not otherwise established.[308] The

Rule of 1756 was not mentioned in the treaty, and the failure to do so

may be construed as a tacit acquiescence, or at least submission, on

the part of the United States.[309] On the other hand, considerable

commercial advantages were obtained. Great Britain conceded to American

ships the privilege of direct trade between their own country and the

British East and West Indies, but they were precluded from carrying

the produce of those colonies to other foreign ports. Indeed, so great

was the anxiety of the British ministers to prevent coffee and sugar

from being taken to Europe, indirectly, by neutral ships, that they

insisted upon, and Jay admitted, a stipulation that while the trade

with the British West Indies was permitted, the United States would not

allow the carrying of any molasses, sugar, coffee, cocoa, or cotton

in American vessels to any other part of the world than to the United

States. This would have stopped a profitable trade already open to

American merchants, who first imported, and then re-exported to France,

the produce of the French islands; the broken voyage being considered

to purge the origin of the commodities. This article (the twelfth) was

accordingly rejected by the Senate, and only as thus modified was the

treaty ratified by both powers.

The French government had viewed with distrust the negotiation between

Great Britain and the United States. Although assured by Mr. Jay,

through the American minister at Paris, that the treaty contained an

express stipulation guarding the existing conventions between France

and his own country, the Directory had the insolence to demand a copy

of the instrument, to which it considered itself entitled, although

it had not yet been communicated to the United States government.

When the terms finally became known, its indignation passed bounds.

The principal points to which it took exception were two, wherein

the United States admitted conditions favoring the interests of

belligerents relatively to neutrals, and against which the chief

efforts of the weaker maritime states had been addressed. The first

of these was the well-settled principle that a neutral ship did not

protect property belonging to an enemy, laden on board it. The United

States had always admitted this as valid, while trying to introduce, as

an innovation, the contrary rule. In the treaty of 1778 with France,

the two countries had stipulated that in any future war in which one

of them should be engaged the belligerent should respect his enemy's

property, if under the flag of the other party to the compact; but

the United States did not think that this agreement between two

nations overturned for all others a settled usage. The interests of

Great Britain indisposed her to accept the proposed change, and the

old principle was explicitly accepted in the seventeenth article of

Jay's treaty. The other point objected to by France referred to the

definitions of contraband of war. This has always been, and still

is, one of the most difficult problems of international law; for an

article may be of the first importance in the wars of one age or one

country, and of slight consequence in another century or a different

scene. By Jay's treaty the United States allowed that naval stores

were, and under some circumstances provisions might be, contraband of

war, and therefore liable to seizure. A free trade in these articles

was of great importance to the Americans; but they were weak then, as

in a military sense they, with far less excuse, are now; and then, as

now, they must submit in questions of doubtful right. The material

interests of United States citizens, as distinguished from the national

self-respect, were in part saved by Great Britain undertaking to pay

for provisions when seized as contraband. All these conditions bore

against the wishes of the French, who regarded the Americans as owing

an undischarged debt of gratitude to them for the scanty, though

certainly most important, aid extended in the Revolutionary struggle

by the monarch whom his people had since beheaded; and from this time

the arrogance with which the French government had treated that of

the United States became tinged with acrimony. It refused to see the

difficulties and weakness of the new and still scarcely cemented body

of states; or that, indirectly, the bargain struck by the latter was

upon the whole as advantageous to France herself as could be expected,

when Great Britain had an absolute control over the sea and all that

floated upon it. To imperious rebukes and reproaches succeeded a series

of measures, outraging neutral and treaty rights, which finally led to

hostilities between the two countries.

From the time of Jay's treaty to the peace of Amiens, and until the

year 1804 in the following war, the relations between Great Britain

and the United States remained on a fairly settled basis. Innumerable

vexations, indeed, attended neutral commerce at the hands of cruisers

who were willing on slight grounds to seize a prize, taking the

chance of the courts deciding in their favor, and the delays of prize

courts added greatly to the annoyance; but upon the whole American

trade throve greatly. In June, 1797, the Secretary of State reported,

in reply to a resolution of the House, that "captures and losses by

British cruisers, it is presumed, have not been numerous; for the

citizens of the United States having, these three years past, been

accustomed to look to the government for aid in prosecuting these

claims, it is not to be doubted that, generally, these cases have

been reported to the Department." In 1801 there was an outbreak of

lawless seizure in the West Indies.[310] The American vessels engaged

in that trade were small, and, as legal expenses were the same for

a large as for a small prize, the cost of a contest amounted to a

sum very disproportionate to the value of the ship; so the captors

hoped, by the well-known delays of procedure, to extort a compromise.

An abuse of this kind, however outrageous, is different in principle

from the direct action of a government; nor are such cases the only

ones in which men have been willing to take dishonest advantage of the

imperfections, ambiguities, or delays of the law.[311] The Secretary

of State, in transmitting a report on the subject to the House of

Representatives, said, "Neither the communications from our minister

at London, nor my conversations with the Chargé d'Affaires of his

Britannic Majesty in the United States, would lead to an opinion that

any additional orders have lately been given by the British government,

authorizing the system of depredation alluded to."[312]

In fact, at this time Pitt's government seems to have considered all

trade, which did not go direct to hostile countries, an advantage to

Great Britain, and especially if it could be drawn to pass through

her own ports. Accordingly, in January, 1798, a further relaxation of

the Rule of 1756 was promulgated, extending to European neutrals the

concession made in 1794 to the United States. British cruisers were now

directed not to capture neutral ships, bound from the hostile colonies

to Europe and laden with colonial produce, provided the latter had

become neutral property and its destination was to their own country,

or to a port of Great Britain. The final clause foreshadowed the policy

of the Orders in Council of ten years later, towards which Great

Britain, under the stress of war, was steadily gravitating. The law

of self-preservation, divined by the instinct of the state, demanded

that the United Kingdom should become, for that war, the storehouse of

the world's commerce. The more thriving that commerce, the better for

her, if it could be concentrated in her own borders. Thus France and

the whole world should become tributary to a wealth and to a power by

which, not Great Britain only, but the world should be saved. It was

a great conception, of slow growth and gradual realization; it was

disfigured in its progress by imperfections, blunders, and crimes;

but it was radically sound and in the end victorious, for upon Great

Britain and upon commerce hung the destinies of the world.

The action of France towards neutral, and especially towards American,

vessels reflected the instability and excitement of the successive

French governments, the violent passions of the time, and the

uncertainty necessarily attendant upon the course of a nation which,

having cut adrift from fixed principles and precedents, is guided

only by changing impressions of right and wrong. The decree of the

9th of May, 1793, arresting vessels laden with provisions or carrying

enemy's goods, was revoked as regards the United States on the 23d

of the same month, because contrary to the treaty of 1778. On the

28th, five days later, the revocation was revoked, and the original

order established.[313] On the first of July the decision was again

reversed and the treaty ordered to be observed; notwithstanding which

the United States minister found it impossible to obtain the release

of vessels seized contrary to its terms, and on the 27th of the month

the last decision was again repealed.[314] On the 22d of September the

American minister writes: "I understand it is still in contemplation

to repeal the decree I complained of, and that in the mean time it has

not been transmitted to the tribunals. In effect, it can do very little

harm; because the fleets of this country are confined by the enemy,

and the privateers by a decree of the Convention."[315] Here matters

rested during the Reign of Terror and until November 15, 1794, after

the fall of Robespierre, when the Directory issued its first edict on

the subject; reiterating that enemy's goods under the neutral flag

would be considered liable to seizure, until the powers, enemies of

France, should declare French property free on board neutral ships.

This made the treatment of cargoes on American vessels depend, not upon

the formal engagements of France with the United States, but upon the

conduct of Great Britain; and it was succeeded, on the 3d of January,

1795, by a decree of revocation. Enemy's goods under neutral flags

now remained exempt from capture until the 2d of July, 1796; when

proclamation was issued, notifying neutral powers that the ships of

the French Republic would be used against their merchant vessels, were

it for the purpose of confiscation, search or detention, in the same

manner that they suffered the English to act in regard to them. Great

Britain was thus made supreme arbiter of the conduct of France towards

neutrals.

This last step of the French government was directly traceable to its

dissatisfaction with Jay's treaty, the ratifications of which had

been exchanged at London on the 28th of October, 1795. On the 16th of

February, 1796, the Minister of Foreign Affairs told Mr. Monroe, the

American minister, that his government considered the alliance between

the two countries, formed by the treaty of 1778, to be terminated,

_ipso facto_, by Jay's treaty; and on the 7th of October he was further

informed that the minister to the United States had been recalled

and would not be replaced. Meanwhile President Washington, being

dissatisfied with Monroe's conduct, had summoned him home and sent out

Mr. Pinckney as his relief; but the Directory, on the 11th of December,

refused to receive any minister plenipotentiary from the United States

until the grievances it had alleged were redressed,[316] and on the

25th of January, 1797, Pinckney was ordered to leave the country as an

unauthorized foreigner.

France was now fully embarked on a course of violence toward the United

States, which arose, not from any reasonable cause of discontent given,

but from the disposition, identical with that shown toward the weaker

European nations, to compel all countries to follow the dictates of

the French policy. The utterly loose terms of the decree of July 2,

1796, authorized the seizure of any neutral vessel by a French captain,

if, in his judgment, the conduct of Great Britain toward the neutral

justified it; and left the ultimate fate of the prize to a tribunal

governed only by its own opinion upon the same subject. "You are

mistaken," said a French deputy, "if you think that a privateer sails

furnished with instructions from the Minister of Marine, who ought

to direct their action. The instructions are drawn up by his owners;

they indicate to the captain what he may seize and what release. They

compile for him his duties under all the rules, under all the laws,

contradictory or otherwise, from the year 1400 up to the law of Nivôse

29, An 6" (Jan. 18, 1798).[317]

In the West Indies the French agents, practically removed from all

control of the home government by the British command of the sea,

issued on the 27th of November, 1796, a decree for the capture of

Americans bound to, or coming from, British ports. They had already, on

the first of August, directed that all vessels having contraband goods

on board should be seized and condemned, whatever their destination,

and although the accepted law condemned only the contraband articles

themselves, not the ship nor the rest of the cargo. On the first of the

following February the same commissioners ordered the capture of all

neutrals sailing for the French islands which had surrendered to the

enemy, and declared them good prize. That these acts fairly represented

the purpose of the Directory may be inferred from the capture of

American ships in European waters under the decree of July 2, and

from the fact that the French consuls at Malaga and Cadiz interpreted

the decree to authorize seizure and condemnation for the single

circumstance of being destined for a British port.[318] Over three

hundred American vessels were thus seized, and most of them condemned.

Envoys sent from the United States to treat concerning these matters

said, in October, 1797, that France had violently taken from America

over fifteen million dollars.[319] "At no period of the war," wrote

they again, February 7, 1798, "has Britain undertaken to exercise such

a power. At no period has she asserted such a right."[320] "Was there

ever anything," said the deputy before quoted, "like the injustice of

the condemnations in the Antilles?"

These irregular and arbitrary proceedings are chiefly significant as

showing the lack of any fixed principles of action on the part of the

French government and its agents; and they were closely connected

with similar courses towards neutral vessels in French ports. At the

outbreak of hostilities in 1793, one hundred and three American ships

were embargoed at Bordeaux and detained more than a year, without

any reason given; nor had the owners been indemnified in 1796.[321]

Cargoes were forcibly taken from vessels and payment either refused

or offered in kind, and so delayed that in the West Indies alone the

American losses were calculated at two million dollars. Besides these

acts, which had the character of spoliations, the contracts and other

financial obligations of the French government and its agents with

citizens of the United States remained undischarged. The irritation

between the two governments, and on the part of American merchants,

continued to increase rapidly. The decree of July 2, the essence of

which was the formal repudiation of a clause of the treaty of 1778, at

the time when alone it became applicable, remained in force; and was

rendered more obnoxious by a further order, of March 2, 1797, making

more stringent the proofs of neutrality to be adduced before French

tribunals and requiring papers which had long been disused.

At this time the astonishing successes of Bonaparte's Italian campaigns

were approaching their triumphant conclusion. The battle of Rivoli

had been fought on the 14th of January, 1797,[322] Mantua capitulated

on the 2d of February, and the Pope had been compelled to sue for

peace. To Austria there remained only the hope of contesting the

approach to her German dominions. The confidence of the Directors

knew no bounds, and they now began to formulate the policy toward

British commerce which Napoleon inherited from them. The design was

formed of forcing the United States to recede from the obnoxious

conventions of Jay's treaty; and the government of Holland, then

entirely dependent upon that of France, was pressed to demand that

Dutch property on board American vessels should be protected against

British seizure, and to suggest the concurrence of the three republics

against Great Britain.[323] The Dutch accordingly represented "that,

when circumstances oblige our commerce to confide its interests to the

neutral flag of American vessels, it has a just right to insist that

that flag be protected with energy;"[324] in other words, that, when

the British control of the sea forced the Dutch ships from it, Dutch

trade should be carried on under the American flag, and that the United

States should fight to prevent the seizure of the Dutch property,

although it admitted that the traditional law of nations would not

justify it in so doing. On the 6th of May, 1797, Spain also, doubtless

under the dictation of France, made the same demand.[324] Similar

representations were made to the other neutral country, Denmark. Here

is seen the forerunner of Napoleon's contention that, as against Great

Britain's control of the sea, no state had a right to be neutral. Soon

afterward the idea was carried farther. Denmark was requested to close

the mouth of the Elbe to British commerce. "The French," wrote our

minister to London on the 12th of March, 1797, "assign our treaty with

England as the cause of their maritime conduct toward us, but they have

recently demanded of Hamburg and Bremen to suspend all commerce with

England. These have not complied, and the French minister has been

recalled from Hamburg. The same demand has been made at Copenhagen, and

the refusal has produced a sharp diplomatic controversy. These powers

have made no late treaty with England."[325]

Hostilities with Austria had ceased by the preliminaries of Leoben,

April 18, followed, after long negotiations, by the treaty of Campo

Formio, October 17, 1797. Of the coalition against France, Great

Britain alone remained upright and defiant. She had in 1797, after

Austria had yielded, offered to negotiate; but the terms demanded

were such that she refused to accept them, and her envoy was ordered

out of France as peremptorily as Mr. Pinckney had been a few months

before. The Directory thought that the time was now come when she could

be brought to unconditional surrender, and the weapon by which her

commerce should be annihilated was already forged to its hand. On the

31st of October, 1796 (Brumaire 10, An 5),[326] a law had been passed

by the Legislature forbidding entirely the admission of any British

manufactured goods, directing that all persons who already had such in

possession should declare them within three days, and that they should

be at once packed and stored for re-exportation. In order to insure the

execution of the statute, domiciliary visits were authorized everywhere

within three leagues of the frontiers or sea-board, and throughout

France the dwellings of all tradesmen were also open to search. Laws of

similar purpose had been passed early in the war;[327] but they either

had been found insufficient or were no longer applicable to the changed

conditions of affairs. "Now that," to use the words of a deputy, "the

flags of the Republic or those of its allies float over the sea from

Embden to Trieste, and almost all the ports of the European seas are

closed to England, we must stop the voluntary subsidies which are

paid her by the consumers of English merchandise."[328] With Belgium

annexed, with Spain and Holland vassals rather than allies, with the

greater part of Italy in military occupation, it seemed possible to

repel the entrance points of British goods to the Continent far from

the French frontier, and by strict watchfulness to close the latter

against such as worked their way to it.

The expectation, however, was deceived; the superior quality and

abundance of British manufactures created a demand which evaded all

watchfulness and enlisted all classes against the officials. The

Directory therefore determined, toward the end of 1797, to put the

law into force with all severity and to introduce another and final

rigor into its maritime prize code. On the 4th of January, 1798, a

message was sent to the council of Five Hundred, announcing that "on

that very day the municipal administrators, the justices of the peace,

the commissaries of the Directory, and the superintendents of customs,

are proceeding in all the chief places of the departments, in all

the ports, and in all the principal communes, to seize all English

merchandise now in France in contravention of the law of Brumaire 10,

An 5. Such is the _first act_ by which, now that peace is given to the

Continent, the war declared long since against England is about to

assume the real character that belongs to it." But more was needed.

Neutral vessels were in the habit of entering British ports, shipping

British goods, and carrying on British trade; they were even known,

when opportunity offered, to introduce articles of British manufacture,

directly or indirectly, into France. By so doing they aided Great

Britain and actually took part in the war. "The Directory, therefore,

thinks it urgent and necessary to pass a law declaring that the

character of vessels, relative to their quality of neutral or enemy,

shall be determined by their cargo; ... in consequence, that every

vessel found at sea, having on board English merchandise as her cargo,

in whole or in part, shall be declared lawful prize, whosoever shall be

the proprietor of this merchandise, _which shall be reputed contraband

for this cause alone_, that it comes from England or her possessions."

This decree was adopted without discussion, in the very terms of the

Directory's message, on the 18th of January, 1798. From that time

forward, to use the expression of a French deputy, speaking a year

later on the proposed repeal of the law, "if a handkerchief of English

origin is found on board a neutral ship, both the rest of the cargo

and the ship itself are subject to condemnation." It is, perhaps, well

to point out that this differed from the Rule of 1756, by forbidding

a trade which at all times had been open to neutrals, in peace as in

war. It differed from the old rule condemning enemy's property found in

neutral bottoms, by condemning also neutral property of hostile origin,

together with the whole cargo and the ship, as contaminated by the

presence of any British goods.

Nevertheless, British commerce continued to thrive, and was rather

benefited than injured by the new law. What the indomitable purpose,

unlimited power, and extraordinary mental and physical activity of

Napoleon could only partially accomplish, proved to be wholly beyond

the weak arm of the Directory. When war first shut the ports of France

to Great Britain, her trade thither passed through the Netherlands

and Holland. When the Netherlands were overrun, Amsterdam monopolized

the traffic. With the fall of Holland, it passed away to Bremen and

Hamburg. The latter port, being farther east and more remote from the

French armies, naturally drew the greater part and became the real heir

of Amsterdam.[329] It was the emporium of Northern Germany, through

which poured the colonial produce of the world and the manufactures

of the British Islands, and from which they were distributed over

the Continent. The enormous subsidies paid by the United Kingdom to

Germany found their way back, in part at least, by the increased

purchasing power of the belligerent countries,[330] which consumed

the manufactures of Great Britain and the coffee and sugar which had

passed through her ports and paid toll to her revenues.[331] The

shipping clearing for Hamburg from British ports, which was naught in

1793, rose to fifty-three thousand tons in 1795; and in 1798, the year

during which the new French law operated, increased to seventy-four

thousand. But, while Hamburg was the great centre, all the northern

German ports shared the same prosperity. After Prussia retired from the

war against France, in April, 1795, a neutral North German territory

was established, behind a line agreed upon between the two countries.

The total tonnage entering the ports of this region increased from one

hundred and twenty thousand in 1792 to two hundred and six thousand in

1795; and in 1798 reached three hundred and three thousand. The value

of merchandise imported rose from £2,200,000 in 1792, to £8,300,000 in

1795, £11,000,000 in 1798, and £13,500,000 in 1800.[332]

A similar elasticity was shown by British trade throughout the world.

Only in the Mediterranean was there a marked decrease both of exports

and imports,—a loss partly filled by the enterprise of American

merchants;[333] but only partly, for the Barbary pirates seconded

the sweeping French decrees in excluding neutrals from that sea. But

it was in the West Indies, together with the German ports, that the

commercial activity of Great Britain found its greatest resources;

and in the steady support contributed by that region to her financial

stability is to be found the justification of the much derided policy

of Pitt in capturing sugar islands. Alike as valuable pieces of

property, as possessions to be exchanged when framing a treaty, and

as bases for cruisers, which not merely seized upon British shipping

but disturbed the commercial development of the whole region, each

hostile island should at once have been seized by Great Britain. In

a contest between equal navies for the control of the sea, to waste

military effort upon the capture of small islands, as the French

did in 1778, is a preposterous misdirection of effort; but when one

navy is overwhelmingly preponderant, as the British was after 1794,

when the enemy confines himself to commerce-destroying by crowds of

small privateers, then the true military policy is to stamp out the

nests where they swarm. If, by so doing, control is also gained of

a rich commercial region, as the Caribbean Sea then was, the action

is doubly justified. The produce of the West Indies, as of the East,

figured doubly in the returns of British commerce,—as imports, and as

re-exported to the Continent.[334] Each captured island contributed

to swell the revenues by which the war was maintained.[335] The

disappearance of the merchant fleets of France, Spain, and Holland, the

ruin of San Domingo, and the general disorganization of such French

islands as were not taken, threw the greater part of the production

of tropical articles into British hands; and the practice of the day,

which confined its transport to British ships, helped to support the

shipping interest also in the strain brought upon it by the war. The

Americans alone could compete in the continental market as carriers

of such produce. Debarred from going with it direct to Europe by the

Rule of 1756, the rise in price, due to the diminished production

and decrease of transport just mentioned, allowed them to take the

sugar and coffee of the colonies at war with England to American

ports, reship it to the Continent, and yet make a good profit on the

transaction. As the British colonists were in full possession of the

home market, and their produce commanded high prices, the outcry which

caused so much trouble ten years later was not now raised. On the

contrary, their prosperous condition facilitated the British orders of

January, 1798, exempting from capture Danes, Swedes, and other neutral

ships, when carrying coffee and sugar of hostile origin to their own

country, or to England.

It was against this great system of trade that the law of Nivôse 29

was launched. British manufactured goods, rather than British gold

and silver, bought and paid for the produce of the East and West

Indies, for that of the United States and of the Levant. The Continent

consumed the manufactures of Great Britain, the sugar and coffee of her

colonies, and obtained through British merchants the spices and wares

of the East; for all which it for the most part paid back specie. The

United States took specie from France herself for the colonial produce

carried there in its vessels, and with it paid Great Britain for her

manufactures. France herself received British goods through continental

channels, and paid hard cash for them. The money thus coming to London

had flowed back as subsidies to the armies of the coalitions. Now,

thanks to Bonaparte, Great Britain stood alone. The French navy was

powerless to contend with her fleets; but, by actual possession or by

treaty, the Directory had excluded her ships from a great part of the

Continent. Nevertheless, British goods abounded in all parts through

the complicity of neutral carriers. If these could be stopped, the

market for British manufactures would be closed; therefore against them

were launched the cruisers of France, with the authority of the decree

to capture any one of them found with a bale or box of British origin

on board. The result was curious.

After the lapse of a year, on the 13th of January, 1799, the Directory

addressed a message to the lower house of the Legislature[336] on the

subject of maritime prizes, in which occurred the celebrated avowal,

already quoted, that not a single merchant ship under French colors

sailed the deep seas. But this was not all. The irregularities and

outrages of privateers had so terrified neutrals that there had been an

immense diminution in the entries of neutral tonnage, although Great

Britain had rather relaxed than increased the severe rules she had

adopted early in the war. In consequence of the smaller importations

from abroad, there were necessarily smaller sales of French goods, and

the decrease of neutral carriers impeded the export of agricultural

produce and manufactures, as well as the importation of raw materials

essential to the latter. The Directory attributed the evil to an

existing ordinance, which left the final determination of prize

cases in the hands of the courts, instead of attributing it to the

executive. It argued that if there were a right of final appeal to the

latter, it could check the arbitrary proceedings of the cruisers and

the erroneous decisions of the judges. If, as was represented by the

American consulate at Paris, the courts of first instance were chiefly

composed of merchants in the sea-ports, most of whom were, directly

or indirectly, interested in fitting out privateers,[337] there was

certainly need of some change in the existing legislation. In the

Conseil des Anciens, however, a different view prevailed. On the 17th

of January, 1799, a debate began in that body, on a resolution fixing

the date when the law of January 18, 1798, became operative.[338] The

consequent discussion took a wide range over the policy and results

of the enactment, as shown by the year it had been in force. The

disastrous commercial condition of France was freely admitted on all

sides; but in several powerful speeches it was attributed directly and

convincingly to the working of the law itself. "Neutrals repelled from

our ports; our agricultural products without any outlet abroad; our

industry and commerce annihilated; our colonies helpless; our shipping

ways deserted; a balance of twenty thousand sailors in English prisons;

our ships of war without seamen,—such are the political effects of the

law which is ruining, crushing us."[339]

In less impassioned words, other deputies showed the unfairness of

the law. If, on the land frontier, a wagon was stopped carrying a

bale of British goods, the bale was confiscated, but the rest of the

load escaped. If in a ship a like bale was found, not only it, but

all the rest of the cargo and the ship itself were condemned. Even

in the fiercest heat of the Revolution and the utmost danger to the

country, it had never been attempted, as now, to forbid neutrals

carrying British goods to their own country.[340] The step could not

be justified under the plea of reprisals; for "if the English have

seized French goods on these same neutrals, they have not confiscated

the rest of the cargo. These are, therefore, not reprisals, but new

proceedings on our part, which neutrals could neither expect nor guard

against."[341] A neutral ship came within reach of the French coast

only at her extreme peril. A small package of British goods would

justify her capture by a French privateer, whatever her destination;

nay, even if she were bringing to France articles urgently needed, and

intended to take away French produce in exchange for them. Neutrals,

allies, even French vessels themselves, carrying on the little trade

with neighboring states, were preyed on by French corsairs. This

condition reacted on the enterprise of the cruisers themselves. It was

much safer, and quite as profitable, to keep close to the home coast

and board passing vessels. The merest trifle, smuggled on board by one

of the crew, or shipped unknown to the master and owner, made them good

prize. Owing to this caution, the captures brought into French home

ports had dropped, from six hundred and sixty-two in the previous year,

to four hundred and fifty-two, notwithstanding the vast extension of

the field for seizures.[342]

The loss of prizes, however, was far from being the worst effect of

the law. Neutrals being repelled, friendly and French shipping scared

away, commerce had been seriously crippled for want of carriage. In

the year before the enactment the coasting trade employed 895,000

tons; of which 120,000 were neutrals, by whom goods were transported

from one sea frontier of France to another, as from the Bay of Biscay

to the French Mediterranean coast. In the year following, the total

fell to 746,000; but the neutrals dropped to 38,000. In the foreign

trade 860,000 tons were employed in the year before the law, of which

623,000 were neutral. In the year following, the total fell to 688,000,

of which 468,000 were neutrals. There thus resulted a total loss of

322,000 tons in a commerce of only 1,750,000. To this the speaker added

a striking comparison: "In the same year in which we lost 322,000

tons by the operation of the law, we took four hundred and fifty-two

prizes. Assuming—what is not the case—that these were all English, and

that they averaged two hundred tons burden—an excessive allowance—we

have taken from our enemy 90,400 tons against 322,000 we have lost."

"All the sufferings of ourselves and allies might be borne, if good

resulted to ourselves or harm to England; but it has not." "English

ships are insured at a premium of five per cent, while neutrals bound

to France have to pay twenty to thirty per cent. Neutrals themselves

seek English convoy.[343] French merchants would gladly charter neutral

ships to carry to San Domingo the produce that is overflowing our

storehouses, and to bring back the coffee and sugar for which we are

paying such extravagant rates; but they will not come near us. So,

instead of paying a moderate price with French goods, we are paying

exorbitant rates in specie, which goes straight to England, our most

cruel foe."[344] The policy of the law was condemned by the results.

In support of its justice, it was alleged that there were at sea only

French and British ships, whence it followed that all which were not

French could be seized,—a contention which derives its sole present

interest from being the same as that put forth by Napoleon ten years

later. It shows again—what can scarcely be too often asserted in the

interests of truth—that the emperor was but the full and perfect

incarnation of the spirit that animated the Convention and the

Directory.

The Government of the United States had not yet, in 1798, passed

into the hands of men with an undue "passion for peace." Upon the

unceremonious dismissal of Mr. Pinckney, not for personal objections

but as rejecting any minister from America, the President had called a

special meeting of Congress in May, 1797, and recommended an increase

of the naval establishment. When the news of the law of January 18,

1798, reached the United States, Congress was in session. On the 28th

of May an act was approved, authorizing the capture of any French armed

vessel which shall, upon the coast of the United States, have committed

any depredation upon her commerce.[345] On the 7th of July another act

abrogated all existing treaties between the two countries;[346] and on

the 9th was decreed the seizure of French armed vessels anywhere on the

high seas, not only by public armed ships, but by privateers, which

the President was authorized to commission.[347] Thereupon followed a

period of maritime hostilities, though without a formal declaration of

war, which lasted three years; the first prize being taken from the

French in June, 1798, and peace being restored by a treaty, signed in

Paris September 30, 1800, and ratified the following February. The

small force of the United States was principally occupied in the West

Indies, protecting their trade,—both by the patrol system directed

against the enemy's cruisers, and by convoying bodies of merchantmen

to and from the islands. As the condition of the French navy did not

allow keeping large fleets afloat, the ships of the United States,

though generally small, were able to hold their ground, capture many

of the enemy, and preserve their own commerce from molestation. The

mercantile shipping of France, however, had already been so entirely

destroyed by Great Britain, that she suffered far more from the

cessation of the carrying trade, which Americans had maintained for

her, than from the attacks of the American navy.

The year 1798, which opened with the unlucky law of January 18, was in

all respects unfortunate for France. In May Bonaparte sailed for Egypt,

the country thus parting with its ablest general, with thirty-two

thousand of its best troops, and its only available fleet, of thirteen

sail-of-the-line, which the government with the utmost difficulty had

been able to equip. On the first of August Nelson destroyed the fleet

in the Battle of the Nile; and the British navy, forced to leave the

Mediterranean in 1796, again asserted its preponderance throughout the

whole of that sea, opposing an effectual barrier to the return of the

army in Egypt. The entire face of affairs changed, not only in the

East but in Europe. The Porte, at first hesitating, declared openly

against France. A second coalition was formed between Great Britain,

Austria, and Russia, to which Naples acceded; and the armies of the

latter entered upon their campaign in November. They were, indeed,

quickly overthrown; but the very march of the French troops against

them left the armies in northern Italy hopelessly inferior to their

opponents. The year 1799 was full of reverses. In Germany and in Italy

the French were steadily driven back; in Switzerland only did they,

under Masséna, hold their ground. The British indeed were repelled in

their attack upon Holland, but they carried away with them the Dutch

navy. A Russo-Turkish fleet, entering the Mediterranean, retook the

Ionian Islands from the French; and Admiral Bruix escaped from Brest

only to find it impossible to achieve any substantial results in the

face of the British superiority on the sea. In the midst of this

confusion and disaster, and amid the commercial and internal distress

caused by the maritime legislation, Bonaparte returned. Landing on the

9th of October, he on the 9th of November overthrew the Directory.

Preparations for war were at once begun, and the successes of the

first consul in Italy and of Moreau in Germany, in 1800, combined with

the defection of the czar from the coalition, restored peace to the

Continent and internal quiet to France.

Upon this followed the renewal of the Armed Neutrality of the Baltic

powers. Great Britain found herself again without an ally, face to face

with France, now supported by the naval combination of the northern

states. Still she stood resolute, abating not a jot of her asserted

maritime rights. As before, the allies demanded that the neutral flag

should cover the enemy's property that floated under it, and that the

term "contraband of war" should apply only to articles strictly and

solely applicable to warlike purposes, which, they claimed, naval

stores and provisions were not. They proposed also to deprive Great

Britain of the belligerent right of search, by sending ships of war

with the merchant ships, and requiring that the assertion of the naval

captain should be received as establishing the lawful character of

the two or three hundred cargoes under his convoy. "The question,"

said Pitt, "is whether we are to permit the navy of our enemy to be

recruited and supplied,—whether we are to suffer blockaded ports to be

furnished with warlike stores and provisions,—whether we are to suffer

neutral nations, by hoisting a flag upon a sloop or a fishing boat,

to convey the treasures of South America to the harbors of Spain, or

the naval stores of the Baltic to Brest and Toulon. I would ask, too,

has there ever been a period, since we have been a naval country, in

which we have acted upon this principle?"[348] and he alleged not only

the unbroken practice of Great Britain, but her old treaties with the

allied states, and especially the convention with Russia in 1793. So

far as precedent and tradition went, England's case was unimpeachable.

She was called upon to surrender, not a new pretension, but an old

right important to her military position. "I have no hesitation," said

Fox, Pitt's great opponent, "in saying that, as a general proposition,

'free bottoms do not make free goods;' and that, as an axiom, it is

supported neither by the law of nations nor by common-sense."[349]

At this time the British navy was superior to the combined forces of

all Europe. A fleet, of which Nelson was the animating spirit though

not the nominal head, entered the Baltic. Denmark was struck down on

the 2d of April, 1801; and this blow, coinciding with the murder of

the Czar Paul, dissolved a coalition more menacing in appearance than

in reality. The young man who succeeded to the Russian throne met with

dignity the imposing attitude of Nelson, now left in chief command;

but he had not inherited his father's fantastic ambitions, and the

material interests of Russia in that day pointed to peace with Great

Britain. The treaty, signed June 5, 1801,[350] permitted the neutral to

trade from port to port on the coast of a nation at war; but renounced,

on the part of Russia, the claim that the neutral flag covered the

enemy's goods. On the other hand Great Britain admitted that property

of a belligerent, sold _bonâ fide_ to a neutral, became neutral in

character and as such not liable to seizure; but from the operation

of this admission obtained the special exception of produce from the

hostile colonies.[351] This, Russia conceded, could not be carried

directly from the colony to the mother country, even though it had

become neutral property by a real sale; and similarly the direct trade

from the mother country to the colony was renounced. Great Britain thus

obtained an explicit acknowledgment of the Rule of 1756 from the most

formidable of the maritime powers, and strengthened her hands for the

approaching dispute with the United States. In return, she abandoned

the claim, far more injurious to Russia, to seize naval stores as

contraband of war. Four months later, hostilities between Great Britain

and France also ceased.

The maritime commercial interests, both of belligerents and neutrals,

received convincing and conspicuous illustration from this, the first

of the two sea wars growing out of the French Revolution. It was the

interest of the neutrals to step in and take up the trade necessarily

abandoned, to a greater or less degree, by the belligerents; and

it was also useful to both parties to the war that they should do

so. But it was very much less to the advantage of the more purely

maritime state than it was to its antagonist; for not only did she

need help less, but such temporary changes in the course of trade

tend to become permanent. The immediate gain may become a final and

irretrievable loss. Hence Great Britain is seen to yield readily the

restrictions of the Navigation Act, wherever it is clearly advisable

to avail herself of neutral seamen or neutral carriers; but the

concession goes no further than immediately necessary, and is always

expressly guarded as temporary. The relaxation is a purely warlike

measure, and she is perfectly consistent in refusing to allow it to

her enemies. Every slackening of the Navigation Act was a violation

in principle of the Rule of 1756,[352] which she was quite content to

have her enemy imitate; as the big boy at school offers the small one

the opportunity of returning an injury in kind. France might employ

neutrals contrary to what Great Britain claimed as the law of nations,

as the latter herself did; but there was the difference that Great

Britain could put a stop to the operations favorable to her opponent,

while France could only partially impede those that advantaged hers.

It was, therefore, clearly the policy of the British to yield nothing

to neutrals except when they could not avoid it, and then explicitly

to assert the principle, while conceding a relaxation; they thus kept

control over the neutral trade, and impeded operations that both helped

their enemy and might also supplant their own commerce. In the latter

part of the war, as the purpose of France to cripple their trade took

shape, and the exclusion of British goods from the Continent became an

evident and avowed intention, the ministry strengthened itself with

the reflection that the measure was impracticable so long as neutral

bottoms abounded; but a few months later the denial of intercourse

between hostile nations and their colonies by neutral intermediaries

was inserted in the Russian treaty. The intention to use neutrals

to the utmost extent desirable for British interests thus coincided

with the determination to stop a traffic esteemed contrary to them.

The permission to neutrals, by the orders of January, 1798, to carry

the produce of French and Dutch colonies to Great Britain, when they

were threatened with seizure if they sailed with the same for France

or Holland, illustrates both motives of action; while it betrays the

gradual shaping of the policy—which grew up over against Bonaparte's

Continental System—of forcing neutrals to make England the storehouse

and toll-gate of the world's commerce. Superficially, Great Britain

seems rather to relax toward neutrals between 1793 and 1801; but the

appearance is only superficial. The tendencies that issued in the ever

famous Orders in Council of 1807 were alive and working in 1798.

The question for British statesmen to determine, therefore, was how

far to acquiesce in the expansion of neutral trade, and where to draw

their line,—always a difficult task, dependent upon many considerations

and liable to result in inconsistencies, real or apparent. For France

the problem was less intricate. Her commerce even before the war

was chiefly in foreign hands;[353] she had therefore little cause

to fear ultimate injury by concessions. Immediate loss by neutral

competition was impossible, for the British navy left her no ships to

lose. Hence it was her interest to avail herself of neutral carriers

to the fullest extent, to recognize that the freer their operations

the better for her, and that, even could restrictions upon their

carrying for her enemy be enforced, the result would be to compel the

British people to develop further their own merchant shipping. Every

blow at a neutral was really, even though not seemingly, a blow for

Great Britain. In a general way this was seen clearly enough, and a

policy favoring neutrals was traditional in France, but the blind

passions of the Revolution overthrew it. To use the vigorous words of

a deputy: "The French people is the victim of an ill-devised scheme,

of a too blind trust in commerce-destroying, _an auxiliary measure_,

which, to be really useful, should strike only the enemy, and not

reach the navigation of neutrals and allies, and still less paralyze

the circulation and export of our agriculture and of the national

industries."[354] Such were the results of the direct action of

successive French governments, and of the indirect embarrassment caused

by the delays and inconsistencies of the executive and the tribunals.

It was thought that neutrals could be coerced by French severities

into resisting British restrictions, whether countenanced or not by

international law. But Great Britain, though a hard taskmaster, did not

so lay her burdens as to lose services which were essential to her, nor

compel a resistance that under the military conditions was hopeless;

and the series of wild measures, which culminated in the law of January

18, 1798, only frightened neutrals from French coasts, while leaving

Great Britain in full control of the sea. The year 1797 saw the lowest

depression of British trade; coincidently with the law of January 18

began a development, which, at first gradual, soon became rapid, and in

which the neutrals driven from France bore an increasing proportion.

The short peace of Amiens lasted long enough to indicate how thoroughly

Great Britain, while using neutrals, had preserved her own maritime

advantages intact. The preliminaries were signed October 1, 1801, and

war was again declared May 16, 1803; but, notwithstanding the delays

in paying off the ships of war, and the maintenance of an unusually

large number of seamen in the peace establishment, the neutral shipping

employed fell from twenty-eight per cent, in 1801, to eighteen and a

half per cent in 1802.

On the outbreak of the second war Napoleon reverted at once to the

commercial policy of the Convention and the Directory. On the 20th

of June, 1803, a decree was issued by him directing the confiscation

of any produce of the British colonies, and of any manufactures of

Great Britain, introduced into France. Neutral vessels arriving were

required to present a certificate from the French consul at the port

of embarkation, certifying that the cargo was in no part of British

origin. The same measure was forcibly carried out in Holland, though

nominally an independent state;[355] and the occupation of Hanover,

while dictated also by the general principle of injuring Great Britain

as much as possible, had mainly in view the closure of the Elbe and

the Weser to British commerce. Beyond this, however, Bonaparte being

then engrossed with the purpose of a direct attack by armed force upon

the British islands, the indirect hostilities upon their commercial

prosperity were, for the moment, neglected.

At the same period Great Britain began to feel that neutral rivalry was

being carried too far for her own welfare, and determined to tighten

the reins previously slackened. She obtained from Sweden in July, 1803,

a special concession, allowing her to arrest Swedish vessels laden with

naval stores for France, and to purchase the cargoes at a fair price,—a

stipulation identical with that about provisions in Jay's treaty; and

when the French occupation of Hanover excluded her ships from the Elbe

and Weser, she by a blockade of the rivers shut out neutrals also.

But it was in the West Indies, so long a fruitful source of wealth,

that the pressure of neutral competition was most heavily felt. The

utter ruin of San Domingo, and the embarrassments of the other islands

hostile to Great Britain, had in the former war combined with the

dangers of the seas to raise the price of colonial produce on the

Continent,[356] and, consequently, to give a great development to the

British growth of sugar and coffee, the transport of which was confined

by law to British vessels. The planters, the shipping business, and

the British merchants dealing with the West Indies, together with the

various commercial interests and industries connected with them, all

participated in the benefits of this traffic, which supplied over one

fourth of the imports of the kingdom, and took off besides a large

amount of manufactures. As production increased, however, and prices

lowered, the West India business began to feel keenly the competition

by the produce of the hostile islands, exported by American merchants.

Of the extent of this commerce, and of its dependence upon the

interruption, by Great Britain, of the ordinary channels for French

and Dutch trade, a few figures will give an idea. In 1792, before the

war, the United States exported to Europe 1,122,000 pounds of sugar,

and 2,136,742 of coffee; in 1796, 35,000,000 of sugar and 62,000,000

of coffee; in 1800, 82,000,000 of sugar and 47,000,000 coffee. In

1803, during the short peace, the exports fell to 20,000,000 of sugar

and 10,000,000 coffee; in 1804, a year of war, they again rose to

74,000,000 sugar, and 48,000,000 coffee. The precise destination cannot

be given; but the trade between France and her West India Islands,

carried on by American ships, amounted in 1805 to over $20,000,000, of

which only $6,000,000 were United States produce. In like manner the

trade with Holland was over $17,000,000, of which $2,000,000 were of

American origin.

Upon the return of Mr. Pitt to power, in 1804, the attempt was made

to strengthen the fabric of British commercial prosperity in the

Caribbean, by an extension of the system of free ports in the different

colonies; by means of which, and of their large merchant shipping, the

British collected in their own hands, by both authorized and contraband

traffic, so much of the carrying trade of this region, extending their

operations to the mainland as well as throughout the islands. More,

however, was needed to restrain the operations of the Americans, who,

by reducing the price of coffee on the Continent, diminished the

re-exportation from Great Britain, thus affecting the revenue of the

kingdom and the profits of the planters; and who also, by acting as

carriers, interfered with the accumulations at the free ports and the

consequent employment of British ships. All the classes interested

joined in urging the government to find some relief; and the clamor was

increased by a sense of indignation at the tricks by which belligerent

rights were believed to be evaded by the Americans. The Rule of 1756

did not allow the latter to carry their cargoes direct to Europe; but,

as the trade winds compelled vessels to run to the northward until

they reached the westerly winds prevailing in the higher latitudes,

no great delay was involved in making an American port, or even in

trans-shipping the cargo to a vessel bound for Europe.[357] Great

Britain admitted that articles of hostile origin, but become neutral

property, could be carried freely to the neutral country; and, when so

imported, became part of the neutral stock and could then be freely

re-exported to a hostile state.

The question of a _bonâ fide_ importation, like all others involving

a question of intention, could be determined only by the character of

the transactions attending it; but it was held generally that actual

landing and storage, with payment of the duties, was sufficient proof,

unless rebutted by other circumstances. Early in the war following the

peace of Amiens, the British courts awoke to the fact that the duties

paid on goods so imported were simply secured by a bond, and that on

re-exportation a drawback was given, so that a very small percentage

of the nominal duties was actually paid.[358] Upon this ground a ship

was condemned in May, 1805, and great numbers of American vessels

carrying colonial produce to Europe were seized and brought into port,

as well as others proceeding from the United States to the West Indies,

with cargoes originating in the mother countries; and when, in the

opinion of the court, the duties had been only nominally paid, they

were condemned. It is hard to see the soundness of an objection to

these decisions, based on the validity of the payments; but the action

of the British government is open to severe censure in that no warning

was given of its purpose no longer to accept, as proof of importation,

the payment of duties by bond, on which drawback was given. Whether

it had known the law of the United States or not, that law had been

open to it, and ignorance of its provisions was due not to any want of

publicity, but to the carelessness of British authorities. Under the

circumstances, the first seizures were little short of robbery.

The reclamations of the United States met with little attention

during Pitt's brief second administration; but after his death, in

January, 1806, and the accession to office of Grenville and Fox,

a more conciliatory attitude was shown,—especially by the latter,

who became Minister of Foreign Affairs. Favorably inclined to the

Americans since his opposition to the policy of the Revolutionary

War, he seemed desirous of conceding their wishes; but the pressure

from without, joined to opposition within the ministry, prevented a

frank reversal of the course pursued. Instead of the Rule of 1756, Fox

obtained an Order in Council, dated May 16, 1806, placing the coast

of the Continent, from Brest to the Elbe, in a state of blockade.

The blockade, however, was only to be enforced strictly between the

mouth of the Seine and Ostend. Into ports between those two points no

neutral would be admitted on any pretext, and, if attempting to enter,

would be condemned; but on either side, neutral ships could go in and

out freely, provided they "had not been laden at any port belonging

to his Majesty's enemies, or, if departing, were not destined to any

port belonging to his Majesty's enemies." The wording of the order was

evidently framed to avoid all question as to the origin of cargoes,

upon which the Rule of 1756 hinged. Not the origin of the cargo, but

the port of lading, determined the admission of the neutral ship to the

harbors partially blockaded; and if to them, then, _a fortiori_, to all

open ports of the enemy. On the other hand, the strict blockade already

established of the Elbe and Weser was by this order partially relieved,

in the expectation that neutrals would carry British manufactures to

those northern markets. In short, the Order was a compromise, granting

something both to the mercantile interest and to the Americans, though

not conceding the full demands of either. It is at best doubtful

whether the British were able to establish an effective blockade over

the extent of coast from Brest to the Elbe, but the United States

and Napoleon had no doubts whatever about it; and it thus fell, by a

singular irony of fate, to the most liberal of the British statesmen,

the friend of the Americans and of Napoleon, as almost the last act of

his life, to fire the train which led to the Berlin and Milan decrees,

to the Orders in Council of 1807, and to the war with the United States

six years later.

Fox died on the 13th of September, 1806, and was succeeded as Minister

of Foreign Affairs by Lord Howick. On the 25th of the same month the

partial restrictions still imposed on the Elbe and the Weser were

removed; so that neutral ships, even though from the ports of an enemy

of Great Britain, were able to enter. In the mean time, war had broken

out between France and Prussia; the battle of Jena was fought October

14, and on the 26th Napoleon entered Berlin. The battle of Trafalgar,

a twelvemonth before, had shattered all his confidence in the French

navy and destroyed his hopes of directly invading Great Britain. On

the other hand the short campaign of 1805 had overthrown the Austrian

power, and that of 1806 had just laid Prussia at his feet. The dream of

reducing Great Britain by the destruction of her commercial prosperity,

long floating in his mind, now became tangible, and was formulated

into the phrase that he "would conquer the sea by the land." Two of

the great military monarchies were already prostrate. Spain, Holland,

Italy, and the smaller German states were vassals, more or less

unwilling, but completely under his control; there seemed no reason to

doubt that he could impose his will on the Continent and force it to

close every port to British trade. On the 21st of November, 1806, the

emperor issued the famous Berlin Decree; and then, having taken the

first in the series of fated steps which led to his ruin, he turned

to the eastward and plunged with his army into the rigors of a Polish

winter to fulfil his destiny.

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