CHAPTER V.

The curtain was about to rise upon a new tragedy,--the martyrdom of

Spain. At this dramatic spectacle the United States government and

people might have looked with composure and without regret, for they

hardly felt so deep an interest in history, literature, or art as to

care greatly what was to become of the land which had once produced

Cortes, Cervantes, and Murillo; but in the actual condition of European

politics their own interests were closely entwined with those of Spain,

and as the vast designs of Napoleon were developed, the fortunes of

the Spanish empire more and more deeply affected those of the American

Union.

General Armstrong waited impatiently at Paris while Napoleon carried

on his desperate struggle with the Emperor Alexander amid the ice and

snows of Prussia. After the battle of Eylau the American minister

became so restless that in May, 1807, he demanded passports for

Napoleon’s headquarters, but was refused. Had he gone as he wished, he

might have seen the great battle of Friedland, June 14, and witnessed

the peace of Tilsit, signed July 7, which swept away the last obstacle

to Napoleon’s schemes against Spain and America. After the peace of

Tilsit, Armstrong could foresee that he should have to wait but a short

time for the explanations so mysteriously delayed.

Except Denmark and Portugal, every State on the coast of Europe from

St. Petersburg to Trieste acknowledged Napoleon’s domination. England

held out; and experience proved that England could not be reached by

arms. The next step in the Emperor’s system was to effect her ruin by

closing the whole world to her trade. He began with Portugal. From

Dresden, July 19, he issued orders[81] that the Portuguese ports should

be closed by September 1 against English commerce, or the kingdom of

Portugal would be occupied by a combined French and Spanish army. July

29 he was again in Paris. July 31 he ordered Talleyrand to warn the

Prince Royal of Denmark that he must choose between war with England

and war with France. That the turn would next come to the United States

was evident; and Armstrong was warned by many signs of the impending

storm. August 2, at the diplomatic audience, the brunt of Napoleon’s

displeasure fell on Dreyer, the Danish minister, and on his colleague

from Portugal; but Armstrong could see that he was himself expected to

profit by the lesson. He wrote instantly to the Secretary of State.[82]

“We had yesterday our first audience of the Emperor since his return

to Paris. Happening to stand near the minister of Denmark, I overheard

his Majesty say to that minister: ‘So, M. Baron, the Baltic has been

violated!’ The minister’s answer was not audible to me; nor did it

appear to be satisfactory to the Emperor, who repeated, in a tone of

voice somewhat raised and peremptory, ‘But, sir, the Baltic has been

violated!’ From M. Dreyer he passed to myself and others, and lastly

to the ambassador of Portugal, to whom, it is said, he read a very

severe lecture on the conduct of his Court. These circumstances go

far to justify the whispers that begin to circulate, that an army

is organizing to the south for the purpose of taking possession of

Portugal, and another to the north for a similar purpose with regard

to Denmark; and generally, that, having settled the business of

belligerents, with the exception of England, very much to his own

liking, he is now on the point of settling that of neutrals in the

same way. It was perhaps under the influence of this suggestion that

M. Dreyer, taking me aside, inquired whether any application had

been made to me with regard to a projected union of all commercial

States against Great Britain, and on my answering in the negative, he

replied: ‘You are much favored, but it will not last!’”

A few days afterward another rumor ran through Paris. The Prince of

Benevento was no longer Minister of Foreign Affairs, and his successor

was to be M. de Champagny, hitherto Minister of the Interior. At first

Armstrong would not believe in Talleyrand’s disgrace. “It is not

probable that this is very serious, or that it will be very durable,”

he wrote.[83] “A trifling cause cannot alienate such a master from

such a minister; and a grave one could not fail to break up all

connections between them.” Reasonable as this theory seemed, it was

superficial. The master and the minister had not only separated, but

had agreed to differ and to remain outwardly friends. Their paths could

no longer lie together; and the overwhelming power of Bonaparte--who

controlled a million soldiers with no enemy to fight--made cabals

and Cabinet opposition not only useless but ridiculous. Yet with all

this, Talleyrand stood in silent and cold disapproval of the Emperor’s

course; and since Talleyrand represented intelligent conservatism, it

was natural to suppose that the Emperor meant to be even more violent

in the future than in the past. The new minister, Champagny, neither

suggested a policy of his own, nor presumed, as Talleyrand sometimes

dared, to argue or remonstrate with his master.

Toward the end of August Dreyer’s prophecy became true. Napoleon’s

orders forced the King of Denmark and King Louis of Holland to seize

neutral commerce and close the Danish and Dutch ports. The question

immediately rose whether United States ships and property were still to

be treated as exempt from the operation of the Berlin Decree by virtue

of the treaty of 1800; and the Emperor promptly decided against them.

“In actual circumstances,” he wrote to Decrès,[84] “navigation offers

all sorts of difficulties. France cannot regard as neutral flags which

enjoy no consideration. That of America, however exposed it may be to

the insults of the English, has a sort of existence, since the English

still keep some measure in regard to it, and it imposes on them. That

of Portugal and that of Denmark exist no longer.”

This opinion was written before the British ministry touched the Orders

in Council; and the “sort of existence” which Napoleon conceded to

the United States was already so vague as to be not easily known from

the extinction which had fallen upon Portugal and Denmark. A few days

afterward General Armstrong received officially an order[85] from the

Emperor which expressly declared that the Berlin Decree admitted of no

exception in favor of American vessels; and this step was followed by a

letter[86] from Champagny, dated October 7, to the same effect. At the

same time the Council of Prizes pronounced judgment in the case of the

American ship “Horizon,” wrecked some six months before near Morlaix.

The Court decreed that such part of the cargo as was not of English

origin should be restored to its owners; but that the merchandise

which was acknowledged to be of English manufacture or to come from

English territory should be confiscated under the Berlin Decree. To

this decision Armstrong immediately responded in a strong note[87]

of protest to Champagny, which called out an answer from the Emperor

himself.

“Reply to the American minister,” wrote Napoleon[88] to Champagny

November 15, “that since America suffers her vessels to be searched,

she adopts the principle that the flag does not cover the goods.

Since she recognizes the absurd blockades laid by England, consents

to having her vessels incessantly stopped, sent to England, and so

turned aside from their course, why should the Americans not suffer

the blockade laid by France? Certainly France is no more blockaded

by England than England by France. Why should Americans not equally

suffer their vessels to be searched by French ships? Certainly France

recognizes that these measures are unjust, illegal, and subversive

of national sovereignty; but it is the duty of nations to resort to

force, and to declare themselves against things which dishonor them

and disgrace their independence.”

Champagny wrote this message to Armstrong November 24, taking the

ground that America must submit to the Berlin Decree because she

submitted to impressments and search.[89]

As a matter of relative wrong, Napoleon’s argument was more

respectable than that of Spencer Perceval and George Canning. He

could say with truth that the injury he did to America was wholly

consequential on the injury he meant to inflict on England. He had

no hidden plan of suppressing American commerce in order to develop

the commerce of France; as yet he was not trying to make money by

theft. His Berlin Decree interfered in no way with the introduction

of American products directly into France; it merely forbade the

introduction of English produce or the reception of ships which came

from England. Outrageous as its provisions were, “unjust, illegal, and

subversive of national sovereignty,” as Napoleon himself admitted and

avowed, they bore their character and purpose upon their face, and

in that sense were legitimate. He had no secrets on this point. In

a famous diplomatic audience at Fontainebleau October 14, Armstrong

witnessed a melodramatic scene, in which the Emperor proclaimed to the

world that his will was to be law.[90] “The House of Braganza shall

reign no more,” said he to the Portuguese minister; then turning to

the representative of the Queen of Etruria,--the same Spanish princess

on whose head he had five years before placed the shadowy crown of

Tuscany,--

“Your mistress,” he said, “has her secret attachments to Great

Britain,--as you, Messieurs Deputies of the Hanse Towns are also

said to have; but I will put an end to this. Great Britain shall be

destroyed. I have the means of doing it, and they shall be employed.

I have three hundred thousand men devoted to this object, and an

ally who has three hundred thousand to support them. I will permit

no nation to receive a minister from Great Britain until she shall

have renounced her maritime usages and tyranny; and I desire you,

gentlemen, to convey this determination to your respective sovereigns.”

Armstrong obeyed the order; and in doing so he might easily have

pointed out the machinery by which Napoleon expected to insure the

co-operation of America in securing the destruction of England. He

could combine the Berlin Decree with the baffled negotiations for

Florida, and could understand why the Emperor at one moment dangled

the tempting bait before Jefferson’s eyes, and the next snatched it

away. This diplomatic game was one which Napoleon played with every

victim he wished to ensnare, and the victim never showed enough force

of character to resist temptation. German, Italian, Russian, Spaniard,

American, had all been lured by this decoy; one after another had

been caught and devoured, but the next victim never saw the trap, or

profited by the cries of the last unfortunate. Armstrong knew that

whenever Napoleon felt the United States slipping through his fingers,

Florida would again be offered to keep Jefferson quiet; yet even

Armstrong, man of the world as he was, tried to persuade himself that

Napoleon did not know his own mind. One of his despatches at this

crisis related a curious story, which he evidently believed to be true,

and to prove the vacillating temper of Napoleon’s Florida negotiation.

November 15 Armstrong wrote that the Emperor had left Fontainebleau for

Italy; that great changes were predicted, among which it was rumored

“that Portugal, taken from the Braganzas, may be lent to the children

of the Toscan House, and that the Bourbons of Spain are at last to make

way for Lucien Bonaparte, who, in atonement or from policy, is to marry

the Queen Regent of Etruria.” That the American minister should at that

early day have been so well informed about projects as yet carefully

concealed, was creditable to his diplomacy. Not till nearly a month

later did Lucien himself, in his Italian banishment, receive notice of

the splendid bribe intended for him.

In the same despatch of November 15 Armstrong discussed the Emperor’s

plans in their bearing on Florida. “We are, it seems, to be invited

to make common cause against England, and to take the guaranty of the

Continent for a maritime peace which shall establish the principle of

‘free ships, free goods.’” Armstrong argued that it was wiser to act

alone, even in case of war with England; in regard to Florida, France

had done all that was to be expected from her, and had latterly become

sparing even of promises. Finally, he told the anecdote already alluded

to:--

“The fact appears to be, which I communicate with the most intimate

conviction of its truth, that some sycophant, entering into the

weakness of the Emperor, and perceiving that he was only happy in

giving a little more circumference to the bubble, seized the moment

of Izquierdo’s nomination, and pointing to the United States, said:

‘These are destined to form the last labor of the modern Hercules.

The triumph over England cannot be complete so long as the commerce

and republicanism of this country be permitted to exist. Will it then

be wise to insulate it,--to divest yourselves or your allies of those

points which would place you at once in the midst of it? With what

view was it that after selling Louisiana, attempts were made by France

to buy the Floridas from Spain? Was it not in the anticipation of

events which may make necessary to you a place in the neighborhood of

these States,--a point on which to rest your political lever? Remember

that Archimedes could not move the world without previously finding a

resting-place for his screw. Instead, therefore, of parting with the

Floridas, I would suggest whether we should not make the repossession

of Canada a condition of a peace with England.’ The conception itself,

and the manner in which it was presented, struck the Emperor forcibly.

He mused a moment upon it, and then in the most peremptory manner

ordered that the negotiation should not go on.”

Armstrong regarded this anecdote as important. Perhaps he had it,

directly or indirectly, from Talleyrand, who used more freedom of

speech than was permitted to any other man in France; but the task

of penetrating the depths of Napoleon’s mind was one which even

Talleyrand attempted in vain. From the first, Florida had been used by

Napoleon as a means of controlling President Jefferson. “To enlarge the

circumference of his bubble” was a phrase keen and terse enough to have

come from Talleyrand himself; but this was not the purpose for which

Florida had hitherto been used in Napoleon’s diplomacy, and in ordering

that the negotiation should be stopped, the Emperor might well have

other motives, which he preferred keeping to himself.

An observer far less intelligent than Armstrong might have seen that

in face of the great changes which his despatch announced for Italy,

Portugal, and Spain, the time when Napoleon would need support from the

United States had not yet come. The critical moment was still in the

future. Perhaps America might be forced into war by the “Chesapeake”

outrage; at all events, she was further than ever from alliance with

England, and the Emperor could safely wait for her adhesion to the

continental system until his plans for consolidating his empire were

more mature. For the present, Don Carlos IV. and the Prince of Peace

were the chief objects of French diplomacy.

The story of Toussaint and St. Domingo was about to be repeated in

Spain. Even while Armstrong wrote these despatches, the throne of Don

Carlos IV. crumbled, almost without need of a touch from without.

France had drawn from Spain everything she once possessed,--her navy,

sacrificed at Trafalgar to Napoleon’s orders; her army, nearly half

of which was in Denmark; her treasures, which, so far as they had not

been paid in subsidies to Napoleon, were shut up in Mexico. Nothing

but the shell was left of all that had made Spain great. This long

depletion had not been effected without extreme anxiety on the part of

the Spanish government. At any time after the Prince of Peace returned

to power in 1801, he would gladly have broken with France, as he proved

in 1806; but he stood in much the same position as Jefferson, between

the selfishness of England and the immediate interests of Spain. King

Charles, anxious beyond measure for his own repose and for the safety

of his daughter the Queen of Etruria, shrank from every strong measure

of resistance to Napoleon’s will, yet was so helpless that only a

traitor or a coward could have deserted him; and Godoy, with all his

faults, was not so base as to secure his own interests by leaving

the King to Napoleon’s mercy. For a single moment the King yielded

to Godoy’s entreaties. When the fourth European coalition was formed

against Napoleon, and Prussia declared war, the Prince of Peace was

allowed to issue, Oct. 6, 1806, a proclamation calling the Spanish

people to arms. October 14 the battle of Jena was fought, and the news

reaching Madrid threw the King and court into consternation; Godoy’s

influence was broken by the shock; the proclamation was recalled, and

the old King bowed his head to his fate. Had he held firm, and thrown

in his fortunes with those of England, Russia, and Prussia, the battle

of Eylau might have stopped Napoleon’s career; and in any case the fate

of Spain could not have been more terrible than it was.

The Prince of Peace begged in vain that King Charles would dismiss

him and form a new ministry; the King could not endure a change.

Napoleon laughed at the proclamation, but he knew Godoy to be his only

serious enemy at Madrid. He took infinite pains, and exhausted the

extraordinary resources of his cunning, in order to get possession

of Spain without a blow. To do this, he forced Portugal into what he

called a war. Without noticing Godoy’s offence, immediately after

the peace of Tilsit, as has been already told, the Emperor ordered

the King of Portugal to execute the Berlin Decree. Unable to resist,

Portugal consented to shut her ports to English commerce, but objected

to confiscating British property. Without a moment’s delay, Napoleon,

October 12,[91] ordered General Junot, with an army of twenty thousand

men, to enter Spain within twenty-four hours, and march direct to

Lisbon; simultaneously he notified[92] the Spanish government that his

troops would be at Burgos, November 1; and that this time “it was not

intended to do as was done in the last war,--he must march straight to

Lisbon.”

After the peace of Tilsit, no Power in Europe pretended to question

Napoleon’s will, and for Spain to do so would have been absurd. King

Charles had to submit, and he sent an army to co-operate with Junot

against Portugal. The Emperor, who might at a single word have driven

King Charles as well as the King of Portugal from the throne, did not

say the word. Godoy’s proclamation had given France cause for war;

but Napoleon took no notice of the proclamation. He did not ask for

the punishment of Godoy; he not only left the old King in peace, but

took extraordinary care to soothe his fears. On the same day when he

ordered Junot to march, he wrote personally to reassure the King:[93]

“I will concert with your Majesty as to what shall be done with

Portugal; in any case the suzerainty shall belong to you, as you have

seemed to wish.” Yet four days later he ordered[94] another army of

thirty thousand men to be collected at Bayonne, to support Junot, who

had no enemy to fear. That his true campaign was against Spain, not

against Portugal, never admitted of a doubt; his orders to Junot hardly

concealed his object:[95]--

“Cause descriptions to be made for me of all the provinces through

which you pass,--the roads, the nature of the ground; send me

sketches. Charge engineer officers with this work, which it is

important to have; so that I can see the distance of the villages,

the nature of the country, the resources it offers.... I learn this

moment that Portugal has declared war on England and sent away the

English ambassador: this does not satisfy me; continue your march; I

have reason to believe that it is agreed upon with England in order to

give time for the English troops to come from Copenhagen. You must be

at Lisbon by December 1, as friend or as enemy. Maintain the utmost

harmony with the Prince of Peace.”

Junot entered Spain October 17, the same day that these orders were

written, while Napoleon at Fontainebleau forced on the Spanish agent

Izquierdo a treaty which might keep King Charles and Godoy quiet a

little longer. This document, drafted by Napoleon himself, resembled

the letter to Toussaint and the proclamation to the negroes of St.

Domingo, with which Leclerc had been charged;[96] its motive was

too obvious, and its appeal to selfishness too gross to deceive. It

declared[97] that Portugal should be divided into three parts. The most

northerly, with Oporto for a capital and a population of eight hundred

thousand souls, should be given to the Queen of Etruria in place of

Tuscany, which was to be swallowed up in the kingdom of Italy. The next

provision was even more curious. The southern part of Portugal, with

a population of four hundred thousand souls, should be given to the

Prince of Peace as an independent sovereignty. The central part, with a

population of two millions, and Lisbon for a capital, should be held by

France subject to further agreement. By a final touch of dissimulation

worthy of Shakespeare’s tragic invention, Napoleon, in the last article

of this treaty, promised to recognize Don Carlos IV. as Emperor of the

two Americas.

The so-called treaty of Fontainebleau was signed Oct. 27, 1807. That

it deceived Godoy or King Charles could hardly be imagined, but the

internal and external difficulties of Spain had reached a point where

nothing but ruin remained. In the whole of Spain hardly twenty thousand

troops could be assembled; barely half-a-dozen frigates were fit for

sea; the treasury was empty; industry was destroyed. Napoleon himself

had no idea how complete was the process by which he had sucked the

life-blood of this miserable land. Even in the court at Madrid and

among the people signs of an immediate catastrophe were so evident that

Napoleon could afford to wait until chaos should call for his control.

Meanwhile Junot marched steadily forward. He was at Burgos on the day

fixed by Napoleon; he established permanent French depots at Valladolid

and at Salamanca. Leaving Salamanca November 12, he advanced to Ciudad

Rodrigo, and after establishing another depot there, he made a rapid

dash at Lisbon. The march was difficult, but Junot was ready to

destroy his army rather than fail to carry out his orders; and on the

morning of November 30 he led a ragged remnant of fifteen hundred men

into the city of Lisbon. He found it without a government. The Prince

Regent of Portugal, powerless to resist Napoleon, had gone on board

his ships with the whole royal family and court, and was already on

his way to found a new empire at Rio Janeiro. Of all the royal houses

of Europe, that of Portugal was the first to carry out a desperate

resolution.

Napoleon’s object was thus gained. Dec. 1, 1807, Junot was in peaceable

possession of Lisbon, and French garrisons held every strategical point

between Lisbon and Bayonne. In regard to Portugal Junot’s orders were

precise:[98]--

“So soon as you have the different fortified places in your hands, you

will put French commandants in them, and will make yourself sure of

these places. I need not tell you that you must not put any fortress

in the power of the Spaniards, especially in the region which is to

remain in my hands.”

November 3, without the knowledge of Spain, the Emperor gave orders[99]

that the army of reserve at Bayonne, under General Dupont, shall be

ready to march by December 1; and November 11 he ordered[100] that the

frontier fortresses on the Spanish border should be armed and supplied

with provisions:--

“All this is to be done with the utmost possible secrecy, especially

the armament of the places on the Spanish frontier on the side of the

eastern Pyrenees. Give secret instructions, and let the corps march in

such a manner that the first ostensible operations be not seen in that

country before November 25.”

At the same time a new army of some twenty thousand men was hurried

across France to take the place, at Bayonne, of Dupont’s army, which

was to enter Spain. November 13, the Emperor ordered Dupont to move his

first division across the frontier to Vittoria; and on the same day

he despatched M. de Tournon, his chamberlain, with a letter to King

Charles at Madrid, and with secret instructions[101] that revealed the

reasons for these movements so carefully concealed from Spanish eyes:--

“You will also inform yourself, without seeming to do so, of the

situation of the places of Pampeluna and of Fontarabia; and if you

perceive armaments making anywhere, you will inform me by courier. You

will be on the watch at Madrid to see well the spirit which animates

that city.”

Napoleon’s orders were in all respects exactly carried out. Dec. 1,

1807, Junot was in possession of Portugal; Dupont was at Vittoria;

twenty-five thousand French troops would, by December 20, hold the

great route from Vittoria to Burgos, and in two days could occupy

Madrid.[102] The Spanish army was partly in Denmark, partly in

Portugal. The Prince of Peace heard what was going on, and asked for

explanations; but the moment for resistance had long passed. He had no

choice but submission or flight, and Don Carlos was too weak to fly.

In Armstrong’s despatch of November 15, already quoted, one more

paragraph was worth noting. At the moment he wrote, Napoleon had just

given his last orders; General Dupont had not yet received them, and

neither Don Carlos IV. nor Lucien Bonaparte knew the change of plan

that was intended. Only men like Talleyrand and Duroc could see that

from the moment of the peace at Tilsit, Napoleon’s movements had been

rapidly and irresistibly converging upon Madrid,--until, by the middle

of November, every order had been given, and the Spanish Peninsula lay,

as the Emperor told Lucien, “in the hollow of his hand.” Armstrong,

writing a fortnight before the royal family of Portugal had turned

their vessels’ prows toward Brazil, asked a question which Napoleon

himself would hardly have dared to answer:

“What will become of the royal houses of Portugal and Spain? I know

not. By the way, I consider this question as of no small interest to

the United States. If they were sent to America, or are even permitted

to withdraw thither, we may conclude that the colonies which excite

the imperial longing, and which are in its opinion necessary to

France, are not on our side of the Atlantic. If on the other hand they

are retained in Europe, it will only be as hostages for the eventual

delivery of their colonies; and then, at the distance of three

centuries, may be acted over again the tragedy of the Incas, with some

few alterations of scenery and names.”

All these measures being completed by November 15, the day when

Armstrong wrote his despatch, the Emperor left Fontainebleau and went

to Italy. He passed through Milan and Verona to Venice; and on his

return, stopped a few hours at Mantua,[103] on the night of December

13, to offer Lucien the throne of Spain.

Lucien’s story[104] was that being summoned from Rome to an interview,

he found his brother alone, at midnight of December 13, seated in a

vast room in the palace at Mantua, before a great round table, almost

entirely covered by a very large map of Spain, on which he was marking

strategical points with black, red, and yellow pins. After a long

interview, in which the Emperor made many concessions to his brother’s

resistance, Napoleon opened his last and most audacious offer:--

“‘As for you, choose!’ As he pronounced these words,” continued

Lucien, “his eyes sparkled with a flash of pride which seemed to me

Satanic; he struck a great blow with his hand, spread out broadly in

the middle of the immense map of Europe which was extended on the

table by the side of which we were standing. ‘Yes, choose!’ he said;

‘you see I am not talking in the air. All this is mine, or will soon

belong to me; I can dispose of it already. Do you want Naples? I will

take it from Joseph, who, by the bye, does not care for it; he prefers

Morfontaine. Italy,--the most beautiful jewel in my imperial crown?

Eugene is but viceroy, and far from despising it he hopes only that I

shall give it to him, or at least leave it to him if he survives me:

he is likely to be disappointed in waiting, for I shall live ninety

years; I must, for the perfect consolidation of my empire. Besides,

Eugene will not suit me in Italy after his mother is repudiated.

Spain? Do you not see it falling into the hollow of my hand, thanks

to the blunders of your dear Bourbons, and to the follies of your

friend the Prince of Peace? Would you not be well pleased to reign

there where you have been only ambassador? Once for all, what do you

want? Speak! Whatever you wish, or can wish, is yours, if your divorce

precedes mine.’”

Lucien refused a kingdom on such terms, and Napoleon continued his

journey, reaching Milan December 15. At that time his mind was intent

on Spain and the Spanish colonies, with which the questions of English

and American trade were closely connected. Spencer Perceval’s Orders in

Council had appeared in the “London Gazette” of November 14, and had

followed the Emperor to Italy. Some weeks afterward war was declared

between England and Russia. No neutral remained except Sweden, which

was to be crushed by Russia, and the United States of America, which

Napoleon meant to take in hand. December 17, from the royal palace at

Milan, in retaliation for the Orders in Council, and without waiting

to consult President Jefferson, Napoleon issued a new proclamation,

compared with which the Berlin Decree of the year before was a model of

legality.

“Considering,” began the preamble,[105] “that by these acts the

English government has denationalized the ships of all the nations

of Europe; that it is in the power of no government to compound its

own independence and its rights,--all the sovereigns in Europe being

jointly interested in the sovereignty and independence of their flag;

that if by an inexcusable weakness, which would be an ineffaceable

stain in the eyes of posterity, we should allow such a tyranny to pass

into a principle and to become consecrated by usage, the English would

take advantage of it to establish it as a right, as they have profited

by the tolerance of governments to establish the infamous principle

that the flag does not cover the goods, and to give to their right of

blockade an arbitrary extension, contrary to the sovereignty of all

States,”--

Considering all these matters, so important to States like Denmark,

Portugal, and Spain, whose flags had ceased to exist, and of whose

honor and interests this mighty conqueror made himself champion,

Napoleon decreed that every ship which should have been searched by an

English vessel, or should have paid any duty to the British government,

or should come from or be destined for any port in British possession

in any part of the world, should be good prize; and that this rule

should continue in force until England should have “returned to the

principles of international law, which are also those of justice and

honor.”

FOOTNOTES:

[81] Napoleon to Talleyrand, July 19, 1807; Correspondance, xv. 433.

[82] Armstrong to Madison, Aug. 3, 1807; State Papers, iii. 243.

[83] Armstrong to Madison, Aug. 11, 1807; MSS. State Department

Archives.

[84] Napoleon to Decrès, Sept. 9, 1807; Correspondance, xvi. 20.

[85] M. Regnier to the Procureur Général, Sept. 18, 1807; State Papers,

iii. 244.

[86] Champagny to Armstrong, Oct. 7, 1807; State Papers, iii. 245.

[87] Armstrong to Champagny, Nov. 12, 1807; State Papers, iii. 245.

[88] Napoleon to Champagny, Nov. 15, 1807; Correspondance, xvi. 165.

[89] Champagny to Armstrong, Nov. 24, 1807; State Papers, iii. 247.

[90] Armstrong to Madison, Oct. 15, 1807; MSS. State Department

Archives.

[91] Napoleon to General Clarke, Oct. 12, 1807; Correspondance, xvi. 80.

[92] Napoleon to Champagny, Oct. 12, 1807; Correspondance, xvi. 79.

[93] Napoleon to Charles IV., Oct. 12, 1807; Correspondance, xvi. 83.

[94] Napoleon to General Clarke, Oct. 16, 1807; Correspondance, xvi. 91.

[95] Napoleon to Junot, Oct. 17, 1807; Correspondance, xvi. 98.

[96] See History of First Administration, i. 392.

[97] Correspondance de Napoleon I.; Projet de Convention, Oct. 23,

1807, xvi. 111.

[98] Napoleon to Junot, October 31, 1807; Correspondance, xvi. 128.

[99] Napoleon to General Clarke, Nov. 3, 1807; Correspondance, xvi. 136.

[100] Napoleon to General Clarke, Nov. 11, 1807; Correspondance, xvi.

149.

[101] Napoleon to M. de Tournon, Nov. 13, 1807; Correspondance, xvi.

159.

[102] Napoleon to General Clarke, Dec. 6, 1807; Correspondance, xvi.

183.

[103] Napoleon to Joseph, Dec. 17, 1807; Correspondance, xvi. 198.

[104] Lucien Bonaparte, Th. Jung. iii. 83, 113.

[105] Correspondance de Napoleon, xvi. 192; American State Papers,

iii. 90.

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