CHAPTER XI.

IF the Non-intercourse Act of March 1, 1809, irritated Napoleon,

Macon’s Act of May 1, 1810, might be expected to work in a manner still

more active.

The story has shown that Napoleon, toward the end of the year 1809,

felt many difficulties in giving new shape to his American policy after

it had been ruined by the Non-intercourse Act. His fixed idea required

the seizure of every American ship in Europe beyond the borders of

France, as he had for years seized American ships in his own ports. In

part this wish sprang from the Continental system, and was excused to

some extent by the plea that American commerce could be carried on only

under British protection; in part the seizure of American ships was a

punishment for defying the Emperor’s orders; and in part it was due to

his necessities of finance.

December 19, 1809, Napoleon wrote a brief order to Berthier, ordering

the seizure of all American vessels in the Spanish ports within his

control;[161] vessels and cargoes, he said, were to be considered good

prize. Having taken this measure, he called a council of ministers for

the next day, and ordered Maret to bring there “everything relating to

the judgments of the prize-court; to the merchandise sequestered in the

ports, which is spoiling. If you have not all the information, ask the

Minister of Finance.”[162]

The meaning of this preparation was to be sought in the Cabinet

itself, and in the Emperor’s surroundings. Peace with Austria left

many vexations in Napoleon’s path. Perhaps the unhappy situation of

his brother Joseph at Madrid troubled him less than the difficulty of

reconciling the Empress Josephine to a divorce, or the mortifications

of negotiating for a wife among Russian, German, and Austrian

princesses; but annoyances like these, though serious for ordinary

men, could not be compared with the constant trouble created by the

Continental system of commercial restrictions and the want of money it

caused. Threatened with financial difficulties, and obliged to study

economies as well as to press contributions of war, the Emperor found

himself met by something resembling opposition among his own ministers.

As was his habit, he yielded at first to the advice he disliked, and

promised to do something for French industry. In November he appointed

a new Minister of the Interior, Montalivet, and lectured him on the

slowness of his bureaus in acting for the good of commerce.[163] From

such a mouth such a lesson startled the hearer, and Montalivet threw

himself with zeal into the prescribed work. To Fouché the Emperor read

another lecture compared with which the discourse to Montalivet was

commonplace. Fouché, a pronounced opponent of Napoleon’s commercial

restrictions, during the Emperor’s absence in Austria distributed too

freely his licenses for foreign trade: “I recognize always the same

course in your acts,” Napoleon wrote him. “You have not enough legality

in your head.”[164]

While thus teaching one minister to cherish commerce, and another

to respect legality, the Emperor listened to Champagny, who lost no

chance of advising the encouragement of neutral trade; and these three

ministers--Champagny, Fouché, and Montalivet--found a strong ally

in the Minister of the Treasury, Mollien, who has left the recorded

opinion that the Imperial system of commercial restriction was “the

most disastrous and the most false of fiscal inventions.”[165] The bias

of Decrès, the Minister of Marine, may be inferred from a story told

by Marshal Marmont,[166] who, coming to Paris at the close of 1809,

called on his old friend and talked with the enthusiasm of a successful

soldier about the Emperor. “Well, Marmont,” replied Decrès, “you are

pleased at being made a marshal; you see everything in bright colors.

Do you want me to tell you the truth and to unveil the future? The

Emperor is mad--absolutely mad! He will upset us all, and everything

will end in a terrible disaster.” Taken in connection with King Louis’

attitude in Holland, the Cabinet opposition of December, 1809, amounted

to rebellion against Napoleon’s authority.

At the Cabinet council of December 20 Montalivet made a written report

on the subject of American cotton, which threw so much blame on the

Imperial policy as to call a written contradiction from Napoleon.

“An American vessel,” the Emperor replied the next day,[167] “coming

from Louisiana to France will be well received here, no act of the

government forbidding the admission of American ships into French

ports.” The Americans, he explained, had prohibited commerce with

France while permitting it with Holland, Spain, and Naples; and

in consequence “his Majesty has used his right of influence over

his neighbors because he was unwilling that they should be treated

differently from France, and he has sequestered the ships destined for

their ports;” but no such provision had been made against American

ships entering French ports.

Naturally piqued at an Imperial assertion that he had shown ignorance

of facts that deeply concerned his department, Montalivet sent to the

Treasury for information, with which, a few days afterward, he routed

the Emperor from the field. Unable to answer him, Napoleon referred his

report to Gaudin, Minister of Finance, with a curious marginal note,

which showed--what his ministers evidently believed--that the Emperor

understood neither the workings of his own system nor the laws of the

United States:--

“Referred to the Minister of Finance to make me a report on

this question: (1) How is it conceivable that American ships

come from America in spite of the embargo? (2) How distinguish

between ships coming from America and those coming from London?”

Armstrong obtained immediate and accurate knowledge of this struggle

in council. Only a week after the Emperor wrote his note on the

margin of Montalivet’s report, Armstrong sent home a despatch on the

subject:[168]--

“The veil which for some weeks past has covered the proceedings

of the Cabinet with regard to neutral commerce is now so far

withdrawn as to enable us to see with sufficient distinctness

both the actors and the acting. The Ministers of Police and of

the Interior (Fouché and Montalivet) have come out openly and

vigorously against the present anti-commercial system, and have

denounced it as ‘one originating in error and productive only

of evil, and particularly calculated to impoverish France and

enrich her enemy.’ While they have held this language in the

Cabinet they have held one of nearly the same tenor out of it,

and have added (we may suppose on sufficient authority) the

most solemn assurances that the Emperor ‘never meant to do more

than to prevent the commerce of the United States from becoming

_tributary_ to Great Britain; that a new decision would

soon be taken by him on this subject, and that from this the

happiest results were to be expected.’”

As though to prevent President Madison from showing undue elation at

this announcement for the fiftieth time that the happiest results

were to be expected from the future, Armstrong wrote another letter,

four days afterward,[169] on the new confiscations and their cause.

Frenchmen he said would reason thus: “There is a deficit of fifty

millions in the receipts of last year. This must be supplied. Why not

then put our hands into the pockets of your citizens once more, since,

as you continue to be embroiled with Great Britain, we may do it with

impunity.” Armstrong was angry, and could not analyze to the bottom

the Emperor’s methods or motives. Thiers, in later years having the

advantage of studying Napoleon’s papers, understood better the nature

of his genius. “To admit false neutrals in order to confiscate them

afterward, greatly pleased his astute (_rusé_) mind,” wrote the

French historian and statesman,[170] “little scrupulous in the choice

of means, especially in regard to shameless smugglers who violated

at once the laws of their own country and those of the country that

consented to admit them.” This description could not properly be

applied to Americans, since they violated neither their own law nor

that of France by coming to Amsterdam, San Sebastian, and Naples;

but Thiers explained that the Emperor considered all Americans as

smugglers, and that he wrote to the Prussian government: “Let the

American ships enter your ports! Seize them afterward. You shall

deliver the cargoes to me, and I will take them in part payment of the

Prussian war-debt.”[171] Meanwhile the confiscation of American ships

helped in no way the objects promised by Napoleon to Montalivet and

Fouché. At a loss to invent a theory on which neutrals could be at the

same time plundered and encouraged, the Emperor referred the subject

to Champagny, January 10, in an interesting letter.[172] He called for

a complete history of his relations with the United States since the

treaty of Morfontaine. He ordered the recall of Turreau, in whom he

said he had little confidence, and who should be replaced by a more

adroit agent:--

“Have several conferences, if necessary, with the American

minister as well as with the Secretary of Legation who has just

come from London; in short, let me know your opinion on the

measures proper to be taken to get out of the position we are in

(_pour sortir de la position où nous nous trouvons_).”

“All the measures I have taken, as I have said several times,

are only measures of reprisal.... It was only to the new

extension given to the right of blockade that I opposed the

Decree of Berlin; and even the Decree of Berlin ought to be

considered as a Continental, not as a maritime blockade, for it

has been carried out in that form. I regard it, in some sort,

only as a protest, and a violence opposed to a violence.... Down

to this point there was little harm. Neutrals still entered

our ports; but the British Orders in Council necessitated my

Milan Decree, and from that time there were no neutrals.... I

am now assured that the English have given way; that they no

longer levy taxes on ships. Let me know if there is an authentic

act which announces it, and if there is none, let me know if

the fact is true; for once I shall be assured that a tax on

navigation will not be established by England, I shall be able

to give way on many points.”

All Napoleon’s ministers must have known that these assertions of his

commercial policy were invented for a momentary purpose. He had himself

often declared, and caused them to declare, that his Continental

system, established by the Berlin Decree and enforced before the Orders

in Council were issued, had a broad military purpose quite independent

of retaliation,--that it was aimed at the destruction of England’s

commerce and resources. As for his profession of ignorance that England

had abandoned her transit duties on neutral merchandise, every minister

was equally well aware that only six months before, the Emperor had

discussed with them the measures to be taken in consequence of that

abandonment; had sent them the draft of a new decree founded upon it,

and had finally decided to do nothing only because England had again

quarrelled with America over Erskine’s arrangement. The pretexts

alleged by Napoleon were such as his ministers could not have believed;

but they were satisfied to obtain on any grounds the concessions they

desired, and Champagny--or as he was thenceforward called, the Due de

Cadore--sent to Armstrong for the information the Emperor professed to

want.

January 18, M. Petry, at the order of Cadore, called on the American

minister, and requested from him a written memorandum expressing the

demands of his Government. Armstrong drew up a short minute of the

provisions to be made the material of a treaty.[173] The first Article

required the restoration of sequestered property; the next stipulated

that any ship which had paid tribute to a foreign Power should be

liable to confiscation, but that with this exception commerce should

be free. Cadore sent this paper to the Emperor, and within a few hours

received a characteristic reply.

“You must see the American minister,” wrote Napoleon.[174]

“It is quite too ridiculous (_par trop ridicule_) that

he should write things that no one can comprehend. I prefer

him to write in English, but fully and in a manner that we can

understand. [It is absurd] that in affairs so important he

should content himself with writing letters of four lines....

Send by special courier a cipher despatch to America to let it

be understood that that government is not represented here; that

its minister does not know French; is a morose man with whom one

cannot treat; that all obstacles would be raised if they had

here an envoy to be talked with. Write in detail on this point.”

Petry returned to Armstrong with the condemned paper, and received

another, somewhat more elaborate, but hardly more agreeable to the

Emperor. January 25, Cadore himself sent for the American minister, and

discussed the subject. The Emperor, he said, would not commit himself

to the admission of colonial produce; he wished to restrict American

commerce to articles the growth or manufacture of the two countries;

he would not permit his neighbors to carry on a commerce with America

which he denied to himself; but the “only condition required for the

revocation by his Majesty of the Decree of Berlin will be a previous

revocation by the British government of her blockade of France, or part

of France (such as the coast from the Elbe to Brest, etc.), of a date

anterior to that of the aforesaid decree; and if the British government

would then recall the Orders in Council which had occasioned the Decree

of Milan, that decree should also be annulled.” This pledge purported

to come directly from the Emperor, and at Armstrong’s request was

repeated in the Emperor’s exact words.[175]

Neither the Minister of the Interior, the Minister of the Treasury,

nor the Emperor in these discussions alluded to the proposed Decree of

Vienna, the draft of which was sent to Paris in August, confiscating

all American ships in reprisal for the seizures of French ships

threatened by the Non-intercourse Act. Although that decree was the

point which the Emperor meant to reach, not until January 25--when

Champagny, after dismissing Armstrong, reported the interview to

Napoleon, bringing with him at the Emperor’s request the text of the

Non-intercourse Act--did the Emperor at last revert to the ideas of the

Vienna Decree. The long hesitation proved how little satisfactory the

plea of retaliation was; but no other excuse could be devised for a

measure which Napoleon insisted upon carrying out, and which Champagny

had no choice but to execute. The Emperor dictated the draft of a

note,[176] in which the principles of confiscation were to be laid

down:--

“If American ships have been sequestered in France, France only

imitates the example given her by the American government; and

the undersigned recalls to Mr. Armstrong the Act of Congress of

March 1, 1809, which orders in certain cases the sequestration

and confiscation of French ships, excludes them from American

ports, and interdicts France to the Americans. It is in

reprisal of this last provision that the American ships have

been seized in Spain and Naples. The league against England,

which has the cause of neutrals for its object, embraces now

all the Continental peoples, and permits none of them to enjoy

commercial advantages of which France is deprived. France will

permit it in no place where her influence extends; but she is

ready to grant every favor to the ships of a neutral Power which

shall not have subjected themselves to a tribute, and shall

recognize only the laws of their own country, not those of a

foreign government.... If the Minister of the United States has

the power to conclude a convention proper to attain the object

indicated, the undersigned is ordered to give all his care to

it, and to occupy himself upon it without interruption.”

Perhaps this was the only occasion in Napoleon’s life when he stood

between a nation willing to be robbed and a consciousness that to rob

it was a blunder. The draft of his note showed his embarrassment.

Remarkable in many ways, it required special notice in two points. The

proposed Vienna Decree confiscated American ships because French ships

were forbidden under threat of confiscation to enter American ports.

The note of January 25 suggested a variation from this idea. American

ships were to be confiscated everywhere except in France, because they

were forbidden to enter France. As they were also confiscated in France

because they were forbidden to leave America, the Emperor had nothing

more to demand. His reasoning was as convincing as a million bayonets

could make it; but perhaps it was less Napoleonic than the avowal that

for six months the Emperor had been engaged in inveigling American

property into neutral ports in order that he might seize it.

Apparently Cadore still raised obstacles to the Emperor’s will. For

some three weeks he held this note back, and when at last, February

14, he sent it to Armstrong, he made changes which were not all

improvements in the Emperor’s text. Indeed, Napoleon might reasonably

have found as much fault with Champagny as he found with some of his

generals, for failing to carry out the orders he dictated:--

“His Majesty could place no reliance on the proceedings of

the United States, who, having no ground of complaint against

France, comprised her in their acts of exclusion, and since

the month of May have forbidden the entrance of their ports to

French vessels, under the penalty of confiscation. As soon as

his Majesty was informed of this measure, he considered himself

bound to order reprisals on American vessels, not only in his

territory, but likewise in the countries which are under his

influence. In the ports of Holland, of Spain, of Italy, and of

Naples, American vessels have been seized because the Americans

have seized French vessels.”

After such long discussions and so many experiments, Napoleon had

become reckless of appearances when he allowed his foreign secretary

to send this note of Feb. 14, 1810, in which every line was a

misstatement, and every misstatement, as far as concerned America,

was evident in its purpose; while apart from these faults, the note

erred in trying to cover too much ground of complaint against the

United States. Napoleon had, in the projected Decree of Vienna,

ordered retaliation everywhere for the confiscation threatened by the

Non-intercourse Act. Made to feel the impossibility of this course,

he changed his ground, continuing to confiscate American ships in

France under the old Bayonne Decree, and ordering the sequestration of

American ships throughout the rest of Europe on the plea that other

countries must not enjoy a commerce interdicted to France. Cadore’s

note abandoned this ground again, in order to return to the doctrine of

the projected Vienna Decree; and in the effort to give it a color of

reason, he asserted that the Americans had seized French vessels.

Such a letter was a declaration of war six months after beginning

hostilities; and it made no offer of peace except on condition that the

United States should pledge themselves to resist every British blockade

which was not real in the sense defined by Napoleon. Armstrong wrote to

his Government, in language as strong as he could use, that nothing was

to be expected from a policy that had no other foundation than force

or fraud. His angry remonstrances had embroiled him with the Emperor,

and he was on the point of quitting France. Under such circumstances

he did not insist on breaking off further conversations with Petry,

but February 25 he positively assured Petry that neither would the

President and Senate ratify, nor would he himself as negotiator accept,

a treaty in any form which did not provide reparation for the past as

well as security for the future;[177] and March 10 he replied to the

Duc de Cadore in what the Emperor would have called a morose tone,

denying every assertion made in Cadore’s note,--reminding Cadore that

the Emperor had received knowledge of the Non-intercourse Act at the

time of its passage without a sign of protest or complaint; and,

finally, renewing his old, longstanding grievances against “the daily

and practical outrages on the part of France.”[178]

When the Emperor received Armstrong’s letter, which was excessively

strong, and ended in a suggestion that Napoleon was trying to cover

theft by falsehood, he showed no sign of anger, but became almost

apologetic, and wrote to Cadore,[179]--

“Make a sketch of a reply to the American minister. It will be

easy for you to make him understand that I am master to do here

what America does there; that when America embargoes French

ships entering her ports, I have the right to reciprocate.

You will explain to him how that law came to our knowledge

only a short time ago, and only when I had knowledge of it did

I immediately prescribe the same measure; that a few days

before, I was busying myself with provisions for raising the

actual prohibitions on American merchandise, when the course of

commerce (_la voie du commerce_) made known to me that our

honor was involved, and that no compromise was possible; that I

conceive America as entitled to prevent her ships from coming to

England and France; that I approved this last measure, though

there was much to be said about it; but that I cannot recognize

that she should arrogate the right of seizing French ships in

her ports without putting herself in the case of incurring

reciprocity.”

One must answer as one can the question why Cadore, who had in

his hands Armstrong’s letter of April 29, 1809,[180] officially

communicating the Non-intercourse Act, should not have suggested

to Napoleon that some limit to his failings of memory ought to

be observed. Napoleon’s memory was sometimes overtasked by the

mass of details he undertook to carry in his mind, but a striking

incident always impressed itself there. Mme. de Rémusat[181] told

how Grétry, who as member of the Institute regularly attended the

Imperial audiences, was almost as regularly asked by Napoleon, “Who

are you?” Tired at last of this rough question, Grétry replied by

an answer equally blunt: “Sire, toujours Grétry;” and thenceforward

the Emperor never failed to remember him. The United States in a

similar tone recalled their affairs to the Emperor’s memory by the

Non-intercourse Act; but had this “toujours Grétry” not been enough,

Napoleon’s financial needs also made him peculiarly alive to every

event that could relieve them, and his correspondence proved that the

Non-intercourse Act as early as May, 1809, impressed him deeply. Yet in

March, 1810, he not only convinced himself that this Act had just come

to his knowledge, producing in him an outburst of national dignity,

but he also convinced his Minister of Foreign Relations, who knew the

contrary, that these impressions were true, and made him witness them

by his signature.

Acting without delay on the theory of sudden passion, the Emperor

signed, three days afterward, March 23, a decree known as the Decree

of Rambouillet, in which the result of these long hesitations was at

last condensed.[182] This document was a paraphrase of the projected

Decree of Vienna of Aug. 4, 1809; and it showed the tenacity with which

Napoleon, while seeming to yield to opposition, never failed to return

to a purpose and effect its object. In order to carry out the Decree of

Vienna in that of Rambouillet he was forced into a _coup d’état_.

He had not only to expel his brother Louis from Holland, and annex

Holland to France, but also to drive his ablest minister, Fouché, from

the Cabinet.

Of the steps by which he accomplished his objects, something can

be seen in his letters; of his motives, no doubt ever existed.

Armstrong described them in strong language; but his language was

that of a party interested. Thiers recounted them as a panegyric,

and his language was even clearer than Armstrong’s. He made nothing

of the Emperor’s pretence that his seizures were in reprisal for the

Non-intercourse Act. “This was an official reason (_une raison

d’apparat_),” said Thiers.[183] “He was in search of a specious

pretext for seizing in Holland, in France, in Italy, the mass of

American ships which smuggled for the English, and which were within

his reach. He had actually sequestered a considerable number; and

in their rich cargoes were to be found the means of furnishing his

Treasury with resources nearly equal to those procured for him by the

contributions of war imposed on the vanquished.”

The system of treating the United States as an enemy conquered in war

rested on a foundation of truth; and as usual with conquered countries

it met with most resistance, not from them but from bystanders. The

Emperor of Russia, the kings of Prussia, Sweden, and Denmark, the

Hanse Towns, and King Louis of Holland were the chief obstacles to the

success of the scheme to which they were required to be parties. King

Louis of Holland refused to seize the American ships at Amsterdam, and

forced his brother to the conclusion that if nothing else could be

done, Holland must be annexed to France.

For many reasons the annexation of Holland met with little favor in the

Emperor’s family and among his Council. Chief among its opponents was

Fouché, who sacrificed himself in his efforts to prevent it. Driven to

the conviction that nothing but peace with England could put an end to

the Emperor’s experiments on the welfare of France, Fouché resolved

that peace should be made, and invented a scheme for bringing it about.

As Minister of Police he controlled secret means of intrigue, and

probably he acted without concert with his colleagues; but the motives

which guided him were common to almost all Napoleon’s Cabinet. The

only difference between ministers was, that while Cadore, Montalivet,

Mollien, and Decrès stopped their opposition when it became dangerous,

Fouché undertook to act.

Something of this came to Armstrong’s ears. As early as January 10[184]

he reported a remark which he could not understand. “‘Do not believe,’

said a minister to me the other day, ‘that peace between us and England

is impossible. If we offer to her the commerce of the world, can she

resist it?’” Unknown to Armstrong, Napoleon had already made an advance

to England. For this purpose he employed Labouchere, the chief banker

of Holland, whose association with the Barings of London fitted him

to act as an intermediary. The message sent by the Emperor through

Labouchere could hardly be called an offer of terms; it amounted only

to a threat that unless England made peace Holland should be annexed

to France, and every avenue of illicit commerce in northern Europe

should be stopped. In itself this message could hardly serve as ground

for a treaty; but Fouché, without the Emperor’s knowledge, sent to

London at the same time, about January 18, a secret agent named Fagan,

to suggest that if Great Britain would abandon Spain, France would join

in creating from the Spanish-American colonies a monarchy for Ferdinand

VII., and from Louisiana, at the expense of the United States, a

kingdom for the French Bourbons.[185]

This last idea bore on its face the marks of its origin. Fouché had

listened to Aaron Burr, who after years of effort reached Paris, and

presented to the government a memoir showing that with ten thousand

regular troops, and a combined attack from Canada and Louisiana, the

destruction of the United States was certain.[186] The scheme for

placing the Spanish Bourbons on a Spanish-American throne probably came

from the same Ouvrard whom Napoleon imprisoned at Vincennes, and whom

Fouché took into favor.

Labouchere and Fagan went to England, and early in February had

interviews with the British ministers, who quickly dismissed them. The

only impression made on the British government by the double mission

was one of perplexity at the object of an errand which appeared too

absurd for discussion. The two agents returned to the Continent, and

reported the result of their journey. Meanwhile Napoleon ordered

Marshal Oudinot to march his army-corps into Holland, a step which

brought King Louis to immediate submission. “I promise you,” wrote

Louis, “to follow faithfully all the engagements you shall impose upon

me. I give you my word of honor to follow them faithfully and loyally

from the moment I shall have undertaken them.”[187] While Cadore was

still negotiating with Armstrong for an arrangement with America, he

was also employed in framing a treaty with Louis, which exacted the

seizure of all American ships and merchandise in Dutch ports.[188]

Louis came to Paris, and March 16 signed the treaty which by a secret

stipulation provided for the seizure of American property.[189]

Matters stood thus April 1, 1810, when the ceremonies of the Imperial

marriage interrupted for the moment further action. Napoleon had

carried his point in regard to the punishment of America; but the

difficulties he had already met were trifling compared with the

difficulties to come.

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