CHAPTER XII.

Napoleon set out, April 27, with his new Empress on a wedding journey

to Holland. In the course of his journey an accident revealed to him

the secret correspondence which Fouché had conducted through Fagan

with the British government. Nothing criminal was alleged, nor was it

evident that the Minister of Police had acted contrary to the Emperor’s

admitted wishes; but since the fall of Talleyrand, Fouché alone had

considered himself so necessary to the Imperial service as to affect

independence, and the opportunity to discipline him could not be lost.

June 3 he was disgraced, and exiled to Italy. General Savary, Duc de

Rovigo, succeeded him as Minister of Police.

The fate of King Louis was almost equally swift. When he returned to

Holland after promising entire submission and signing the treaty of

March 16, he could not endure the disgrace of carrying his pledges

into effect. He tried to evade the surrender of the American ships,

and to resist the military occupation of his kingdom. He showed

public sympathy with the Emperor’s opponents, and with riotous

popular proceedings at Amsterdam. Once more the Emperor was obliged

to treat him as an enemy. June 24 the French troops were ordered

to occupy Amsterdam, and July 3 Louis, abdicating his throne, took

refuge in Germany. July 8 Napoleon signed a Decree annexing Holland to

France.[190]

The United States at the same time received their punishment for

opposing the Imperial will. The Decree of Rambouillet, though signed

March 23, was published only May 14, when the sequestrations previously

made in Holland, Spain, Italy, and France became in a manner legalized.

The value of the seizures in Holland and Spain was estimated by the

Emperor in arranging his budget for the current year as follows:[191]

American cargoes previously seized at Antwerp, two million dollars;

cargoes surrendered by Holland, two million four hundred thousand

dollars; seizures in Spain, one million six hundred thousand dollars.

In this estimate of six million dollars the seizures in France,

Denmark, Hamburg, Italy, and Naples were not included. The American

consul at Paris reported to Armstrong that between April 1809 and April

1810 fifty-one American ships had been seized in the ports of France,

forty-four in the ports of Spain, twenty-eight in those of Naples,

and eleven in those of Holland.[192] Assuming an average value of

thirty thousand dollars, these one hundred and thirty-four American

ships represented values exceeding four millions. Adding to Napoleon’s

estimate of six millions the Consul’s reported seizure of seventy-nine

ships in France and Naples, a sum of nearly $8,400,000 was attained. In

this estimate the seizures at Hamburg, in Denmark, and in the Baltic

were not included. On the whole the loss occasioned to Americans could

not be estimated at less than ten millions, even after allowing for

English property disguised as American. The exports from the United

States during the six months after the embargo amounted to fifty-two

million dollars,[193] exclusive of the ships; and as England offered a

less profitable market than the Continent, one fifth of this commerce

might easily have fallen into Napoleon’s hands. Twenty years afterward

the government of France paid five million dollars as indemnity for

a portion of the seizures, from which Napoleon by his own account

received not less than seven millions.

Profitable as this sweeping confiscation was, and thoroughly as

Napoleon overbore opposition in his family and Cabinet, such measures

in no way promised to retrieve the disaster his system suffered from

the defection of America. While England protected American ships in

their attempts to counteract his system in Spain, Holland, and in the

Baltic, the Emperor regarded American trade as identical with British,

and confiscated it accordingly; but by doing so he exhausted his means

of punishment, and since he could not march armies to New York and

Baltimore as he marched them to Amsterdam and Hamburg, he could only

return on his steps and effect by diplomacy what he could not effect by

force. The Act of March 1, 1809, was a thorn in his side; but the news

which arrived toward the end of June, 1810, that Congress had repealed

even that slight obstacle to trade with England made some corrective

action inevitable. The Act of May 1, 1810, struck a blow at the Emperor

such as no Power in Europe dared aim, for it threw open to British

trade a market in the United States which would alone compensate

England for the loss of her trade with France and Holland. Macon’s Act

made the Milan Decree useless.

Napoleon no sooner learned that Congress had renewed intercourse

with England and France, than he wrote an interesting note[194] to

Montalivet dated June 25, the day after he ordered his army to seize

Amsterdam.

“The Americans,” he said, “have raised the embargo on their

ships so that all American ships can leave America to come to

France; but those which should come here would be sequestered,

because all would either have been visited by English ships or

would have touched in England. It is therefore probable that no

American ship will come into our ports without being assured of

what France means to do in regard to them.”

France could evidently do one of three things,--either avowedly

maintain her decrees, or expressly revoke them, or seem to revoke them

while in fact maintaining them. The process by which Napoleon made his

choice was characteristic.

“We may do two things,” he continued,--“either declare that the

Decrees of Berlin and Milan are repealed, and replace commerce

where it formerly was; or announce that the Decrees will be

repealed September 1, if on that date the English have repealed

the Orders in Council. Or the English will withdraw their Orders

in Council, and then we shall have to ascertain whether the

situation that follows will be advantageous to us.”

Assuming that the decrees and orders were withdrawn, and American ships

admitted as neutrals, the Emperor explained how he should still enforce

his system as before:--

“This situation will have no influence on the customs

legislation, which will always regulate arbitrarily duties

and prohibitions. The Americans will be able to bring sugar

and coffee into our ports,--the privateers will not stop them

because the flag covers the goods; but when they come into a

port of France or a country under the influence of France, they

will find the customs legislation, by which we shall be able

to say that we do not want the sugar and coffee brought by the

Americans because they are English merchandise; that we do not

want tobacco, etc.; that we do not want such or such goods,

which we can as we please class among prohibited goods. Thus it

is evident that we should commit ourselves to nothing.”

Again and again, orally and in writing, in the presence of the whole

Council and in private to each minister, the Emperor had asserted

positively and even angrily that “all the measures I have taken, as

I have said several times, are only measures of reprisal;” yet after

assuming that his reprisals had succeeded, and that England had

withdrawn her orders as France should have withdrawn her decrees, he

told Montalivet, as though it were a matter of course, that he should

carry out the same system by different means. This method of fighting

for the rights of neutrals differed but little, and not to advantage,

from the British method of fighting against them.

The Emperor put his new plan in shape. He proposed to recognize neutral

rights by issuing licenses under the name of permits for a score of

American vessels, and for the introduction of Georgia cotton, the

article for which Montalivet made his long struggle. This measure was

to be so organized that the shipments could take place only in a single

designated port of America, only with certificates of origin delivered

by a single French consul also to be designated; that the ship could

enter only at one or two designated ports of France; that independently

of the certificates of origin a cipher-letter should be written to the

Minister of Foreign Relations by the consul who should have given them;

finally, that the ships should be required to take in return wines,

cognac, silks, and other French goods for the value of the cargo.

Deep was Armstrong’s disgust when an Imperial Decree[195] appeared,

dated July 15, authorizing licenses for thirty American ships to sail

from Charleston or New York under the rigorous conditions detailed by

this note; but the thirty licenses were merely a beginning. Once having

grasped the idea that something must be done for French industry,

the Emperor pressed it with his usual energy and with the usual

results. During the months of June and July, while annexing Holland

to his empire, he worked laboriously on his new commercial system.

He created a special Council of Commerce, held meetings as often as

twice a week, and issued decrees and orders by dozens. The difficulty

of understanding his new method was great, owing to a duplication

of orders not unusual with him; the meaning of a public decree was

affected by some secret decree or order not made public, and as never

failed to happen with his civil affairs, the whole mass became confused.

Apparently the new system[196] rested on a decree of July 25, 1810,

which forbade any ship whatever to leave a French port for a foreign

port without a license; and this license, in the Emperor’s eyes, gave

the character of a French ship to the licensed vessel,--“that is to

say, in two words, that I will have no neutral vessel; and in fact

there is none really neutral,--they are all vessels which violate the

blockade and pay ransom to the English.” In other words the Emperor’s

scheme was founded on his Berlin and Milan Decree and left them intact

except within the operation of the licenses. “For these [licensed]

ships,” he said,[197] “the Decrees of Berlin and Milan are null and

void; ... my licenses are a tacit privilege of exemption from my

decrees, on condition of conforming to the rules prescribed by the

said licenses.” The licenses themselves were classified in thirty

different series,[198]--for the ocean, the Mediterranean, England,

etc.,--and prescribed the cargoes to be carried both on the inward

and outward voyages.[199] They made no distinction between neutrals

and enemies; the license that authorized a voyage from London was the

same, except for its scries, as that which covered a cargo of cotton

from Charleston; and such distinction as appeared, was limited to

imposing on the neutral additional trouble to prove that his goods

were not English. In theory the import of such British merchandise

as would relieve England’s distress was forbidden, and the export of

French merchandise was encouraged, not only in order to assist French

industry, but also in order to drain England of specie. Especially the

sugar, coffee, and cotton of the colonies were prohibited; but when

captured by privateers or confiscated on land, colonial produce was

first admitted to the custom-house at a duty of fifty per cent, and

then sold for the benefit of the Imperial treasury.

This system and tariff Napoleon imposed on all the countries subject to

his power, including Switzerland, Naples, Hamburg, and the Hanse Towns;

while he exerted all his influence to force the same policy on Prussia

and Russia. As far as concerned the only neutral, the United States,

the system classified American ships either as English when unlicensed,

or as French when licensed; it imposed Imperial functions inconsistent

with local law on the French consuls in America, and violated both

international and municipal law only to produce another form of the

Berlin and Milan Decrees, in some respects more offensive than the

original.

The character and actions of Napoleon were so overpowering that history

naturally follows their course rather than the acts of the undecided

and unenergetic governments which he drove before him; and for this

reason the replies made by Secretary Robert Smith to the flashes of

Imperial temper or policy have not hitherto been noticed. In truth,

Secretary Smith made no attempt to rival Napoleon in originality or

in vigor of ideas or expression. Neither his genius nor that of

Madison shone bright in the lurid glare of the Emperor’s planet. When

Champagny’s letter of Aug. 22, 1809, reached Washington with its novel

views about floating colonies, rights of search, identity of blockade

with siege, and warning of confiscations in Holland, Spain, and Italy,

President Madison, replying through Robert Smith, Dec. 1, 1809,

contented himself with silence in regard to the threats, and with a

mild dissent from the Emperor’s exposition of the _jus gentium_.

“However founded the definition of M. Champagny may be in reason and

general utility, and consequently however desirable to be made the

established law on the subject of blockades, a different practice has

too long prevailed among all nations, France as well as others, and is

too strongly authenticated by the writers of admitted authority, to be

combated by the United States.”

A touch of Madison’s humor brightened the monotony of these

commonplaces, but was not granted the freedom which the subject

might have allowed. The President felt no wish to dwell on what was

unreasonable or violent in Napoleon’s conduct. He passed lightly

over the floating colony, ignored the threatened seizure of American

commerce, and fastened on the closing paragraph of Champagny’s note,

which promised that if England would revoke her blockades, the decrees

of France should fall of themselves. This proposition, defined by

Champagny and commented by Armstrong, required that England should

admit the whole doctrine of floating colonies and siege-blockades.

Madison knew it to be impracticable and deceptive; but he was not bound

to go beyond the letter of the pledge, and although he declined to

admit Napoleon among those “writers of admitted authority” whose law

prevailed among nations, he instructed Armstrong to act without delay

in the sense of Champagny’s suggestion.

“You will of course,” wrote Secretary Smith to Armstrong, Dec.

1, 1809, “understand it to be wished that you should ascertain

the meaning of the French government as to the condition on

which it has been proposed to revoke the Berlin Decree. On the

principle which seems to be assumed by M. Champagny, nothing

more ought to be required than a recall by Great Britain of her

proclamation or illegal blockades which are of a date prior to

that of the Berlin Decree, or a formal declaration that they are

not now in force.”[200]

January 25, 1810, Armstrong asked Cadore the question thus dictated,

and received for answer that the Emperor required only the revocation

of the British blockades as a condition of recalling the Decree of

Berlin,--a reply which Armstrong communicated the same day to Minister

Pinkney at London. No further instructions from Washington seem to

have reached the United States Legation at Paris until news arrived

that on May 1 the Non-intercourse Act had been repealed. No official

information of the repeal was received by Armstrong, but an American

who brought despatches from Pinkney in London brought also a printed

copy of the Act of May 1, 1810. In the want of official advices,

probably July 9, Armstrong communicated the Act of May 1 to the Duc

de Cadore in the unofficial form of a newspaper. Cadore replied that

being so entirely unofficial, it could not be made the ground-work of

any government proceeding;[201] but he took it to the Emperor, and

Armstrong waited for some striking exhibition of displeasure.

From that moment Armstrong’s relations with Cadore became mysterious.

Something unrecorded passed between them, for, July 19 Napoleon ordered

Cadore to write to the French ambassador at St. Petersburg a message

for the American minister at that Court:[202]--

“Charge the Duc de Vicence to tell Mr. Adams that we have here

an American minister who says nothing; that we need an active

man whom one can comprehend, and by whose means we could come to

an understanding with the Americans.”[203]

For three weeks Napoleon made no decision on the subject of the

American Act; then, after settling the annexation of Holland, he wrote

to Cadore July 31:[204]--

“After having much reflected on the affairs of America, I have

thought that to repeal my Decrees of Berlin and Milan would have

no effect; that it would be better for you to make a note to Mr.

Armstrong by which you should let him know that you have put

under my eyes the details contained in the American newspaper;

that I should have liked to have a more official communication,

but that time passes, and that,--since he assures me we may

regard this as official,--he can consider that my Decrees of

Berlin and Milan will have no effect, dating from November 1;

and that he is to consider them as withdrawn in consequence

of such Act of the American Congress, on condition that (_à

condition que_) if the British Council does not withdraw its

Orders of 1807, the United States Congress shall fulfil the

engagement it has taken to re-establish its prohibitions on

British commerce. This appears to me more suitable than a decree

which would cause a shock (_qui ferait secousse_) and would

not fulfil my object. This method appears to me more conformable

to my dignity and to the seriousness of the affair.”

The Emperor himself, August 2, dictated the letter,--the most

important he ever sent to the United States government. During the

next three days he made numerous changes in the draft; but at last it

was signed and sent to the American Legation.[205] Upon that paper,

long famous as Cadore’s letter of Aug. 5, 1810, turned the course

of subsequent events; but apart from its practical consequences the

student of history, whether interested in the character of Napoleon

or of Madison, or in the legal aspects of war and peace, or in the

practice of governments and the capacity of different peoples for

self-government, could find few examples or illustrations better suited

to his purpose than the letter itself, the policy it revealed, and the

manner in which it was received by the United States and Great Britain.

Cadore began by saying that he had communicated to the Emperor the

newspaper containing the Act of Congress of May 1. The Emperor could

have wished that all the acts of the United States government which

concerned France had always been officially made known to him:--

“In general, he has only had indirect knowledge of them after a

long interval of time. From this delay serious inconveniences

have resulted which would not have existed had these acts been

promptly and officially communicated.

“The Emperor applauded the general embargo laid by the United

States on all their vessels, because that measure, if it

has been prejudicial to France, had in it at least nothing

offensive to her honor. It has caused her to lose her colonies

of Martinique, Guadeloupe, and Cayenne; the Emperor has not

complained of it. He has made this sacrifice to the principle

which has determined the Americans to lay the embargo.... The

Act of March 1 [1809] raised the embargo and substituted for

it a measure the most injurious to the interests of France.

This Act, of which the Emperor knew nothing until very lately,

interdicted to American vessels the commerce of France at the

time it authorized that to Spain, Naples, and Holland,--that is

to say, to the countries under French influence,--and denounced

confiscation against all French vessels which should enter the

ports of America. Reprisal was a right, and commanded by the

dignity of France,--a circumstance on which it was impossible

to make a compromise (_de transiger_). The sequestration

of all the American vessels in France has been the necessary

consequence of the measure taken by Congress.”

This preamble, interesting for the novelty of its assertions both

of fact and law, led to the conclusion that the Act of May 1, 1810,

was a retreat from the Act of March 1, 1809, and warranted France in

accepting the offer extended by both laws to the nation which should

first “cease to violate the neutral commerce of the United States.”

“In this new state of things,” concluded Cadore, “I am

authorized to declare to you, sir, that the Decrees of Berlin

and Milan are revoked, and that after November 1 they will cease

to have effect,--it being understood (_bien entendu_) that

in consequence of this declaration the English are to revoke

their Orders in Council, and renounce the new principles of

blockade which they have wished to establish; or that the United

States, conformably to the Act you have just communicated, cause

their rights to be respected by the English.”

No phraseology could have more embarrassed President Madison, while,

as Napoleon had remarked to Montalivet a few days before, “it is

evident that we commit ourselves to nothing.”[206] So closely was the

Imperial promise imitated from that given by Erskine that the President

could hardly reject it, although no American merchant would have

risked so much as a cargo of salt-fish on a pledge of such a kind from

such a man. As though to warn the Americans, Napoleon added personal

assurances that gave to the whole proceeding an unpleasant air of

burlesque:--

“It is with the most particular satisfaction, sir, that I make

known to you this determination of the Emperor. His Majesty

loves the Americans. Their prosperity and their commerce are

within the scope of his policy. The independence of America

is one of the principal titles of glory to France. Since that

epoch the Emperor is pleased in aggrandizing the United States;

and under all circumstances that which can contribute to the

independence, to the prosperity, and to the liberty of the

Americans the Emperor will consider as conformable with the

interests of his Empire.”

One might doubt whether Napoleon or Canning were the more deficient in

good taste; but Americans whose nerves were irritated to fury by the

irony of Canning, found these expressions of Napoleon’s love rather

absurd than insulting. So little had the mere fact of violence to

do with the temper of politics, compared with the sentiments which

surrounded it, that Napoleon could seize without notice ten million

dollars’ worth of American property, imprisoning the American crews

of two or three hundred vessels in his dungeons, while at the same

instant he told the Americans that he loved them, that their commerce

was within the scope of his policy, and as a climax avowed a scheme to

mislead the United States government, hardly troubling himself to use

forms likely to conceal his object; yet the vast majority of Americans

never greatly resented acts which seemed to them like the exploits of

an Italian brigand on the stage. Beyond doubt, Napoleon regarded his

professions of love and interest not as irony or extravagance, but as

adapted to deceive. A few weeks earlier he sent a message to the Czar

of Russia, who asked him to disavow the intention of restoring the

kingdom of Poland. “If I should ever sign,” replied Napoleon,[207] “a

declaration that the kingdom of Poland shall never be restored, it

would be for the reason that I intended to restore it,--a trap I should

set for Russia;” and in signing a declaration to the President that his

decrees were repealed, he set a trap for the United States, which he

baited with professions of love that to a more refined taste would have

seemed fatal to his object.

This mixture of feline qualities,--energy, astuteness, secrecy, and

rapidity,--combined with ignorance of other natures than his own, was

shown in the act with which he concluded his arrangements of Aug.

5, 1810. About a fortnight before, by a secret decree dated July

22, 1810,[208] he had ordered the proceeds of the American cargoes

seized at Antwerp and in Dutch and Spanish ports, valued by him at

six million dollars, to be turned into the Treasury as a part of his

customs revenue devoted to the service of 1809–10. In French ports he

held still some fifty ships in sequestration. Cadore’s letter of August

5 mentioned these ships as sequestered,--a phrase implying that they

would be held subject to future negotiation and decision, liable to be

returned to their owners; yet on the same day Napoleon signed another

secret decree[209] which condemned without hearing or judgment all the

ships and cargoes declared to be still in sequestration by the letter

that could hardly have yet been sent from Cadore’s office. Every vessel

which had arrived in French ports between May 20, 1809, and May 1,

1810, suffered confiscation by this decree, which further ordered that

the American crews should be released from the dungeons where they were

held as prisoners of war, and that from August 5 to November 1, 1810,

American ships should be allowed to enter French ports, but should not

discharge their cargoes without a license.

The Decree of August 5 was never made public. Armstrong indeed

employed the last hours of his stay in Paris in asking whether the

French government meant to admit further negotiation about these

seizures,[210] and Cadore replied that the law of reprisals was

final;[211] but when Albert Gallatin, as minister at Paris some

ten years afterward, happened to obtain a copy of the document,

he expressed his anger at its secrecy in language such as he used

in regard to no other transaction of his public life. “No one can

suppose,” he wrote,[212] “that if it had been communicated or published

at the same time, the United States would with respect to the promised

revocation of the Berlin and Milan Decrees have taken that ground which

ultimately led to the war with Great Britain. It is indeed unnecessary

to comment on such a glaring act of combined injustice, bad faith, and

meanness as the enacting and concealment of that decree exhibits.”

These epithets would not have disturbed Napoleon. Politics were to

him a campaign, and if his opponents had not the sense to divine his

movements and motives, the disgrace and disaster were none of his.

More mysterious than the conduct of Napoleon was that of Armstrong.

Contenting himself with whatever the Emperor ordered, he refrained in

his despatches from saying more than was necessary for the record.

He protected himself from Napoleon’s personal attack by sending to

the Duc de Cadore an undated letter,[213] referring to the archives

of Cadore’s department for proof that every public measure of the

United States had been promptly and officially communicated to the

French government; but he wrote home no report of any conference with

Cadore, he expressed no opinion as to the faith of the Emperor’s

promise, made no further protest against the actual reprisals, and

required no indemnity for past spoliations. In fact, no action was

asked from him; but he lent himself readily to the silence that was

needed. Cadore reported[214] to the Emperor that Armstrong “before

his departure wishes to open (_engager_) none of those difficult

questions which he foresees must rise between the two governments, in

order to arrive in America without having seen the fading of the glory

he attaches to having obtained the Note of August 5.” Too happy in

the good fortune that threw an apparent triumph into his hands at the

moment when he was ending his diplomatic career in disgust, he felt

anxious only to escape before another turn of the wheel should destroy

his success. He remained in Paris more than a month after receiving

Cadore’s letter of August 5, but reserved for a personal interview

whatever information he had to give the President; and his letters,

like his despatches, expressed no inconvenient opinions. Sept. 12,

1810, his long and extremely interesting mission ended, and he quitted

Paris on his homeward journey, leaving the Legation in charge of

Jonathan Russell of Rhode Island. Armstrong’s last official act was to

write from Bordeaux a letter to Pinkney at London, declaring that the

conditions imposed by Napoleon on the repeal of his decrees were “not

_precedent_, as has been supposed, but _subsequent_.”[215]

History of the United States of America, Volume 5 (of 9) · 第 12 / 19 章