%. '^^y^o* ^^^ V"^ A V -^ ° • * ' . V* . , -^ ' * -^ ^ " » - » ' .-^^ o. *'T;t* a 5- /. «K^" •' I* * • • . ^v ^ \ **• o.. '•. ^^0^ ^°^ y^ ',^-^ ,G^^ ^^o -^^<^^ '^ -^ ^^^ c*^^. REMARKS THE EMBARGO LAW; IN WHICH ITS CONSTITUTIONALITY, AS WELL AS ITS EFFECTS ON THE FOREIGN AND DOMESTIC RELATIONS OF THE UNI TED S TA TR S, ARE CONSIDERED. CO^rCLUDING WITH A SUMMARY VIEW OP THt PRESENT ADMINISTRATION. BY 'ciVIS. NEW-rORK: Printed and published at the Porcupme Press. 1808. :3S" HEMARKS ON THE EMBx\RGO LAW. oOME of those deplorable evils which the coix- flicting powers of Europe experience, have at length reached the United States. The cloud which has so long darkened the Annerican horizon, now threatens destruction to the American people. We have arrived at a crisis which requires not only the strongest wisdom of man, but even the aid of the almighty hand for our preservation. During a contention for dominion, rapine, and con- quest unparalleled in the annals of time — in a state of warfare, which has shaken the foundations of the social compact, we had no reason to expect a sacred observance of our neutral rights, whilst they were improtected by our administration. History affords us no example of such disinterested justice of bel- ligerents. In the course of political events, even treaties have been of short duration, where power to enforce, or interest to secure them, were want- ing. The sickly and languid state of our government for some years past, her destitution of energj% the natural consequence of that condition, rendered no prophetic art necessary to foresee our present nation- al misfortunes. That the American nation, clothed in the national sanctity of her neutral rights, while B steering her course amid the rocks and quicksands of a Scylla and a Charybdis,* would sooner or later meet with some impediijient in her commercial ca- reer, was an event rendered more than probable, by the aspect of the times. For this, therefore, our rulers ought to have been prepared. The admi- nistration unwisely and vainly supposing theniselves able to preserve our neutral lights by' treaties and negotiation, have suffered themselves to be lulled into a fatal security, till at length an cc^wa/ expe- rience has taught them the old and well known max- im, " leges inter ar ma silent.^^ Our political system, with reference to our foreign relations, has been so relaxed and feeble, that even although we may have made some commercial gains by our pacific course, it may be difficult to say whe- ther they can in any case counterbalance the loss of national dignity. Our administration, however, at length roused from the stupor of so degrading a policy by blockading decrees, have thought proper to resort to retaliation. In their efforts to'cause ihe rescind- ing of those decrees, and to bring the belligerent powers to a state of humiliation and repentance, they have blockaded the United States from a commer- cial intercourse with the whole world, and the whole world from the United States. How far this measure has been constitutional or politic is now submitted to the consideration of the American people. The act laying an embargo is a permanent act, be- cause there is no fixed temporal limit to its operation. Upon this point there can be no reasonable contro- versy. The first natural question for discussion of course 4S, whether the power to impose ^permanent- embargo has been constitutionally assumed by Congress. If ♦ Dextnim Scylla latus, Ixvum implacata Charihdis, Obsiclet : this power is at all given to congress, it mustbe by tb. constitution of the United States. It being declared in convention, and such being the unequivocal spirit of our government, " That all power emanates from the people ; that powers not delegated by the constitution are still inherent in them ; and all powers granted by them are expressly set forth in the constitution," I then ask by what article or section of the constitu- tion is this power delegated. It is not expressly given by any clause, if it is at all given ; thcrcforf , it must be by implication. And those sections of the constitution which regulate war and commerce, are the only sections which can in any the most distant manner authorise such an inference. The constitutionality of this assumption of power cannot be maintained under those clauses of the constitution which regulate war, because, in con- templation of the constitution, and of the laws of na- tions, we cannot be considered in a state of warfare, without an actual declaration of war, a circumstance which cannot be here alleged, because it has not occurred. Whatever extraordinary powers^ there- fore, congress might have in time of war, are im- material, because they arise out of the war, and, therefore, exist not in time of peace. With respect to the other sections, all the power granted by them to congress, is simply a power to *' regulate^'' the commerce of the United States with foreign nations. Those who contend for the consti- tutionality of the conduct of congress in this par- ticular, find the delegation of the requisite power in the term " regulate.'''* I would, in the first place, ask, what is meant in the English language by the word regulate P According to the most ordinary and ap- proved acceptation of the word, it is to adjust by rule ; and in this sense the term is well understood, whether applied to mechanics, or to civil polity. Thus, when we speak of regulating a clock or watch. wfe do not mean to destroy the motions of the ma- chine, but to correct and improve them. When we speak of regulating church and state, we do not intend to extirpate, but to govern them by fixed rules and ordinances. And when we speak of regu- lating our own system, we do not, certainly, mean to cause a suspension of all animal functions : from such a species of regulating, may heaven preserve us ! The convention, therefore, in granting to con- gress the power of regulating commerce with foreign nations, intended no more by that word " regulate'^ than the simple power of keeping it in order, with which power, the laying a temporary embargo might not be inconsistent. And farther, had it been the intention of the convention to grant such extensive powers to congress, can we imagine that they would not have expressly designated them, without lea- ving them to be implied, particularly when pow- ers, in their nature infinitely less important to the general weal, arc in that instrument expressly grant- ed ? It is evident, then, that this power, thus as- sumed by congress, is not expressly warranted by any clause or section of the constitution, nor by any correct inference which can be deduced from the same. There is not a clause nor a section in the whole instrument declaring such a power, nor is there a clause from whence such an inference can be drawn. From the constitutional provisions regu- lating war, such a power cannot be inferred, because no declaration of war exists. Nor can it be inferred from those regulating commerce, without an actual perversion of the English language, and a palpable contradiction of the intention of tlie convention. That convention, whose great object was the happi- ness of the people, can no more be deemed to have intended to grant to congress the power of passing a law paral} sing the commerce of the United States, than ia skilful physician, whose feelings were trem- 5. blingly alive for the safety of his patient, could be deemed to intend a suspension or dissolution of his animal functions. In a word, if the administration really think that they find the powers they have as- sumed, in some magical interpretation of the term " regulate^''^ their situation, in point of wise con- struction, is very similar to that of a friend of mine, who being indisposed, sent for his physician, in order to consult him about his disorder. 1'he physician, after feeling his pulse, told him he lived too low i that in future he must live higher, in order to re- cover his health. My friend, resolved to comply strictly with the instructions of his physician, as- cended to the attic story, where the physician found him, on repeating his visit. Not being able to ac- count for this, he asked him very abruptly, what the devil raised him so high ? My friend very seriously answered him, that he had only acted in conformity to his directions. From all these observations, the conclusion is ir- resistible, that congress has exercised a power which the people of these United States never delegated to them, and, therefore, their conduct in assuming such power, has been unconstitutional. But even if the power to lay a permanent embargo had been expressly granted to congress, do not the very pro- visions of the act which they have passed invade the constitution ? As it is not my intention to wade section by section through this extraordinary law, I shall content myself with considering one prominent clause. How stand the constitutional regulations of our internal commerce, under the operation of this law ? Let facts speak for themselves. The con- stitution declares that " no tax or duty shall be laid on articles exported from any state, no preference shall be given by any regulation of commerce or re- venuCa to the ports of one state over those of ano>- ther, nor shall vessels botmd to or from one state, b€ obliged to enter, clea7\ or pay duties in another.'* Is ihere no violation of this article of the constitu- tion ? Does the embargo law throw no obstruction in the way of a communication between the indivi- dual stales ? Can a vessel sail from one state to another, without entrance or clearance, and in doing this, will she be subject to no interruption from the embargo law ? Will she not be subject to a forfeiture to the United States ? What is the language of the embargo law on this subject ? " That during the continuance of the act laying an embargo on all ships and vessels in the ports and liarbours of the United States, no vessel, of any descri[)tion whatever, and wherever bound, whose em])loyment is confined to the navigation of bays, sounds, rivers and lakes, within the jinusdiction of the United States, (packets, ferry-boats, and vessels exempted from the obligation of giving any bond whatever only excepted) shall be allowed to depart from any district of the United States, without hav- ing previously obtained a clearance, nor until the master or commander shall have delivered to the collector or surveyor of the port of departure, a manifest of the whole cargo on board, including ar- ticles of domestic growth or manufacture, as well as foreign merchandise. And it shall also be the duty of the owners, agents, or master of every such vessel, to produce, within two months thereafter, to the collector of the district from w hich the vessel departed, a certificate of the landing of the whole of such cargo, in a port of the United States, within the bays, sounds, rivers, or lakes to which the navi- gation of such vessel is confined, signed by the col- lector or surveyor of the port where the cargo shall be landed." In viewing the above section of the act, it is difficult to determine which clause or sentence con- veys most force, which most calculated to clog and impede that free and uncontrouled communica- tion between the individual states, so solemnly se-^ cured in convention, and so emphatically guaranteed by the imperative language of the constitution. Before I leave the topic of unconstitutionality, I must beg leave to offer some few remarks, on an act which must be considered a component part of this general system — I mean the act authorising the pre- sident to suspend the operation of the embargo, in case certain contingencies should take place abroad. This branch of the system is, I conceive, not a little objectionable, on constitutional grounds. We here behold congress transferring their powers to the presi- dent of the United States. And this, I must con- fess, is the first time I have ever heard of a consti- tutional delegation of power from one branch of the government to another. Nay, I had always thought that it was the true spirit of our constitution, to keep the great departments of our state distinct. I now ask, does not congress derive all its powers from the people ? Are not congress, in fact, the trustees of the people, as to the powers granted to them ? Does not all power, in this government, flow from the people ? Are not these our civil and con- stitutional axioms? If this delegation of power from congress to the president is constitutional, the right must flow from the people through the medium of the constitution. Is there a section in that instru- ment which warrants this delegation ? On the con- trary, are not the powers of the different departments of government well defined, and explicitly circum- scribed by constitutional barriers ? Was it not the policy of the convention to keep them apart ? Arc they not founded in personal confidence and trust ? If so, then evidently congress had no power to grant, nor the president to receive. In this case, the people hold the fee- simple. Congress are mere tenants in trust, and the president quoad hoc s labours under all the disabilities of an alien. He cannot take. In fact and in deed, this delegation of power from congress to the president, is a nullity. The right in congress to grant ought to have been previously derived from the people, through the medium of the constitution. If I am correct in the principle that the annulling, suspending or repealing of a law is as much an exer- cise of legislative power as the original creation of it ; then it follows conclusively, that by this sta- tute, the executive and legislative powers of our government are pro hac vice united in the pre- sident, in direct violation of the intention of the convention, and contrary to the express letter and manifest spirit of the constitution of the United States. In the reign of Henry VIII. when an infatuated Parliament gave to the proclamations of that mon- arch, the force of laws, and thus invested their exe- cutive with legislative powers, what was the conse- quence of this gross invasion of their Magna Charta ? " The finger of the prerogative became heavier than the loins of the law." The people soon perceived that the arm of despotism would become too strong for their liberties ; they successfully resisted the ob- noxious edict, and had not a speedy repeal ensued, the throne of the monarch would have shaken to its foundation. What is the difference between the royal investing statute of Henry VIII. and the in- vesting act of Congress ? Simply this, that the one enlarges the prerogative of the King, the other that of the President of the United States. Upon tills subject let us hear the language used by the great father of his country in his farewell address to the American people : "It is important that the habit of thinking in a free country, -.hould inspire caution, in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consoHdate the povt'ers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is suffi- cient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of po- litical power, by dividing and distributing it into different depositories, and constituting each the guar- dian of the public weal against invasion^ by others, has been evinced by experiments ancient and mo- dern ; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If in the opinion of the peo- ple, the distribution or modification of the constitu- tional powers, be in any particular wrong, let it be corrected by an amendment in tlie way which the constitution designates. But let there be no change by usurpation ; for though this in one instance, may be the instrument of good, it is the customary wea- pon by which free governments are destroyed. The precedent must always greatly overbalance in perma- nent evil, any partial or transient benefit which the use can at any time yield." Nor can I close this topic of constitutionality, more appropriately than in the language of a man, alas ! no more, whose memory must be dear to every Ame- rican. Of a man whose life was devoted to his country, in the field, in the cabinet, and in the fo- rum — A man, who early embarked in the cause, was never absent from the tent till the mighty work was achieved, the life, the soul, and companion of Washington— 10 A man, who was the most active in the councils of the nation, in forming the constitution ; whom no weariness could subdue, no difficulties discourage, till, by his mighty strength, he bore down that hydra of anti-federalism, which has lately risen up with so many Gorgon heads — A man whom a public treasury could not tempt,* whilst in the discharge of a public trust— A man, whose eloquence ever derived a manly force from the benedictions of the widow and the orphan — A man, whose fame will ever shine bright in the annals of America. In firmness as a patriot, in talents and virtue as a statesman, in honesty and fi- delity as a public servant, in brilliancy as an advo- cate, and with all his qualities combined, in great- ness and goodness unrivalled as a man — I mean, in the language of Hamilton, when seated in the convention where this work was formed to bind us and posterity. In the flow of his eloquence, ad- dressing himself to the members of the same, he said : " The pillar of our constitution is laid, on which the mighty edifice is to be raised, and sacri- ; legions be the hand which dares to defile it." In vain then has he laboured, in vain toiled, in vain admonished, in raising this sacred work for the hap- piness of the people and posterity, unless sacredly preserved from the base innovation, which has al- ready struck it to its centre, and now threatens it with destruction. It is extremely common to find some well meaning men passing over all these constitutional difficulties, and justifying this assumption of power, by the ad- vantages supposed to have resulted, or about to re- * " Tncorrupta fides — nudaque Veritas Quando ulliim invtnient parem ? Multis ille quidem flebilis occidit. " 11 suit from it. Waving all discussion of the pernicious tendency of such a justificatory spirit, let us in- quire into its operations at home and abroad. I enter into this investigation, not because I deem it proper for the administration to draw any justifica- tion for unconstitutional conduct, from such extrinsic circumstances, but simply to show that there is not the slightest palliation for their conduct. In the first place, then, what has been the effect of this mea- sure on the United States ? From a pleasing prospect of wealth, happiness and prosperity, confined to no place, to no order or description of persons existing, equally vivid in every city, village, and hamlet in the United States, created by the powerful operations of a natural spirit of enterprise, which no hazard however dangerous, could daunt, no undertaking however bold, could retard, no prospects however gloomy, could dis- courage. How distressing, how humiliating the change ! We now behold industry shackled, en- terprise broken-hearted, and a rapid hectic con- suming the vitals of the nation. Our dock-yards^ affording a melancholy picture of dismantled shipping, a prey to worms. Our cities, no longer resounding with the busy hum of industry, present stores and ware-houses closed, and unem- ployed. The country^ in vain blessed with fertility by the bounteous hand of heaven, exhibits to our view the gloomy prospect of our crops in a perish- able condition. The proud sailor, no longer able to procure em- ployment under his own flag, is obliged to solicit bread in a foreign country ; a country too, which he otherwise never would have condescended to serve. The labourer in vain seeks, solicits, and begs em- ployment in our public streets, and ultimately sus- tains life bv the hand of charitv. 12 The mechanic^ having lost much of his custom, no longer able to pay his rent, and scarcely to provide for the daily wants of his family, stands discouraged in his shop. The farmer beholds with grief and lamentation his crop rotting in his granary ; Whilst the merchant^ tremblingly alive for his credit, his engagements, his fortune, his all, wan- ders from his counting-house, in order to forget his cares, consoling himself that every arrival will ter- minate his misfortunes. This is but an imperfect picture of the effects and consequences of the embargo at home. It is a picture, the colouring of which, unfortunately, al- most every man can increase, from his own expe- rience. With respect to its effects abroad : — Has it brought the belligerent powers to a state of humiliation and repentance ? Has it restored our degraded and fallen country to its pristine dignit} ? Has it ob- tained reparation for the spoliations committed or our commerce ? Has it brought the conflictinf; powers of Europe to the presidential feet? Has i rescinded the orders in council? Where has i made any impression, except on the people of th United States ? We have been told of the discon tented petitions it would give rise to in England, an of the insurrections and national bankruptcy that it would there necessarily produce. We have been told of the inevitable starvation of the W^est- Indies, and of their consequent remonstrances against the obnoxious orders. Time has proved to us that these were flights of a warm imaginat'on, pictures formed in the airy loom of fancy. W^e find, there- fore, that the present system of things cannot be supported on any ground. Constitutionality, and even policy, is against it ; so that the embargo, as a national system of protection or aggression, must 13 be relinquished, even by those who, drawing their ideas of poHtical justice from the school of Machia- vel, hold it an undeniable truth, that the end jus- tifies the means. For, viewing the subject on the ground of mere interested pohcy, self-interest her- S self is a foe to the embargo. I We all know the nature and extent of the hazard to which the belligerent decrees exposed us abroad. We have all felt, and therefore we are all able to judge of the nature and extent of the actual evils which we have experienced from the embargo at home. We all know the value of actual commerce, |; that great promoter of national wealth, industry and morality. We all know the futility and absurdity of a national system of passive commerce. Taking into consideration, therefore, the value of coni- ; merce, on the one hand, and the evils of the em- J bargo, on the other, is it not better to expose the i surplus of our produce to these novel belligerent ^ risks, formidable as they are, when, by possibility, i our merchants may escape them by their energy I and activity, than to suffer it to decay and rot before t our eyes ? Is it wise and prudent to punish our- :!} selves; without any prospect of punishing our ene- j mies ? Is it wise to continue an evil, if it pro- rl duces ruin at home, without the slightest prospect t>' of doing any good abroad ? In a word, can any Machiavelian seriously contend, that any system of measures can be wisely continued, when the public voice is against it ? Wherever a free course has been given to the public sentiment, the public voice has been raised against this pernicious act. What has been the language of Massachusetts, a state unrivalled throughout the union for commercial enterprise, a state whose voice, since the days of the revolution, has always been the true voice of America. Look to her remonstrances ; they are not equivocal. 14 " Lift the embargo," says General Katon, in his iiddrtss to his townsmen, " leave eommeree to shift for itself, and in spite of the imperial decrees, we have open a vast field for the display of this enter- prise. We have the British pons every where ; Portii,^al and Spain ; the islands of Minorea and Majorca ; the whole of the Turkish coast up the Mediterranean, except Algiers ; the entire western and southern coasts of Africa ; the borders of the Red Sea, India and China ; Madeira, Teneriffe, and the Azores ; most of the rich islands of the West- Indies ; the Spanish and Portuguezc coasts of South America ; the whole American coasts of the pacific ocean ; and, which is more important, our own coasts and our own fisheries, comprising more than four-fifths of the commercial coasts of the four continents, and productive islands of the seas : Shall we forego all the advantages which could be derived from these sources of wealth, from the decrees of an adventurer, who has grown potent fiom inci- dent, and whom the justice of heaven will throw back to impotence on his native island of rocks and sterility ; a mighty man of valour, who dares not send a bomb- ketch to sea through the dread of his enemy. Such humility is too degrading to the feelings of brave men and honest Americans." From these several views of this subject, I do not think it possible that any class of men can con- tinue to advocate the embargo, even as a hostile measure. What must be done ? This becomes a truly im- portant and momentous question. It was easy for a precipitate administration to plunge us into our present difficulties, but it must be a work of delibera- tion to extricate us.* facilis descensus Averni : Noctes atque dies patet atri janua Ditis . Sed rcvocare gradum, superasqiiri evadere ad auraS) Hoc opus,, hie labor est. 15 Gloomy as our present prospects are, I am no advocate for submission. Our prostrate govern- ment, administered by feeble hands, no longer au- thorises us to use strong measures. Our arm of strength is palsied. It is fortunate for us, that by retracing our steps, we can assume an attitude, which will not carry us beyond the bounds of our national economy and prudence^ which will still par- tially retrieve the fallen dignity of the nation, be perfectly consistent with sound policy, and supported even by the rigid dictates of justice. Let the embargo be raised, and let the nation do tliat in the end, which ought to have been done in the beginning, chastise the first offender. Upon the policy and justice of this measure, I will offer a few remarks. Upon examining the measures of both the belli- gerent powers, we find that they are actuated by mere individual policy. The inquiry on their parts, previous to the adoption of a measure, is not, will this measure be consistent with the strict rights of national neutrality ? — but, will it be beneficial to us? We, therefore, are justified by the conduct of our opponents, in adopting towards them the same principle of action.* The question, then, on the score of policy, is simply this : Of which of these belligerent powers can we make the best use ? On this subject of policy, the injuries we have sustained from both nations, must be placed out of view. We must, for the sake of the argument, consider the aggressions of both as equal. And, in fact, it is almost in vain to go into a comparative view of injuries sustained, without the means or prospect of having them redressed, in as much as * Tios Tyriusqiie mihi nullo cUscrimine agetur 16 such an investigation can in no degree aid us in the removal of our present national evils. If, indeed, the United States could command a maritime power, equal to the protection of their neutral rights, or if the belligerent powers could not continue the war without our aid ; — in short, if we were so essential to their political prosperity, or physical existence, either in turning the scale of power, or in relieving their wants, such an exami- nation would become important. But now we are to inquire on which side our scale of interest preponderates, and this investigation must be guided by the hopes and fears inseparable from die policy of nations. People of the United States, what have you to hope or fear from Great Britain ? Are there any of your essential interests which she can promote or destroy ? She is the mistress of the ocean ; and, however galling it may be to national pride, we, in common with all the other maritime powers, are compelled to confess, that it is at her license that we navigate the high seas. If our com- merce, then, is dear to us ; if those agricukural in- terests dependent on commerce are essentially im- portant to our existence as a nation ; if all these can be annihilated by Great Britaiu, our policy must, certainly, consist in making such use of that nation, as may secure those interests. Particularly, as there is no other foreign power capable of checking her in her career of maritime domination. For what have you to hope from France ? Will you form an alliance with her, according to the manifest wishes of the administration ? What benefit can you reap from it ? Can she protect your commerce, and support your agricultural interests ? Can she throw a barrier round your neutral rights ? Can } ou trust to the faith or justice of a man, whose conduct has 17 been marked with so much base perfidy* to his former ally, the ill-fated monarch of Spain, and his unfortunate family, who, not content with exhaust- ing that kingdom of its treasures, attempts now to reduce it to a province, despoiling the inhabitants of their goods, robbing and defiling their churches, and with his hands reeking in blood, seeks the destruc- tion and extirpation, not only of the Bourbon race, but of that brave and magnanimous nation, so ce- lebrated in the annals of history, both ancient and modern. I That same nation, who were once so * Hie niger est caveto Romane. Non, niihi si lingux centum sint, oraque centum, Ferrea vox, omnes scelerum comprendere formas. t In the year 133, before the Christian xra, Avhen Scipio -(Emilianus, the destroyer of Cartilage, was sent against the Numantines, in order to reduce them, against this renowned commander, the Numantines, with all their valour, were not able to cope. Scipio, having with the utmost care introduced strict discipline among his troops, and reformed the abuses which his predecessors had suffered in their armies, by degrees brought the Romans to face their enemies, which at his arrival they had absolutely refused to do, having then ravaged all the country round about the town. It was soon blocked up on all sides, and the inhabitants began to feel the want of provisions. At last they resolved to make one desperate attempt for their liberty, and either to break through their enemies, or perish in the attempt. With this view, they marched out in good order by two gates, and fell upon the works of the Romans with the utmost fury. The Romans, unable to stand this desperate shock, were on the point of yielding ; but Scipio, hastening to their aid with no fewer than 20,000 men, the unhappy Numan- tines were at last driven into the city, where they sustained for a little longer the miseries of famine. Finding at last, however, that it was altogether impossible to hold out, it was resolved by the majority to submit to the pleasure of the Roman com- mander ; but this resolution was not universally approved. Many shut theiriseives »ip in their houses, and died of hunger, I) 18 illustrious, for heroic opposition to the Roman arms, for their valour against the formidable Moors, against the French monarch of the fifteenth century, and who now stand up, supported by nature's cause and nature's God, in the defence of their rights and their altars, against the usurpation of the Corsican tyrant, as if heaven reserved for them only, the glory of his subjugation. By whom was the first act of hostility committed against the United States ? was it by the French or the British ? Certainly by tlie French, as appears by the dates of the blockading decrees.* The first while even those ■who had agreed to surreiuler repented their ofler, and setting fire to their houses, perished in the flames with their wives and children, so that not a single Numantine was left alive to grace the triumph of the conqueror of Carthage. A signal victory was obtained over the Moors by the Spanish nation, on the borders of Andalusia, on the 16th of July, 1212, and the anniversary is still celebrated at Toledo. In the beginning of the sixteenth century, Francis I. of France was defeated and taken prisoner at Pavia, by Charles V. of Spain, by which victory all Italy was abandoned by the French. • For the satisfaction of the reader, the French and English decrees are here inserted, according- to the order of time in which they were published : IMPERIAL DECREE, DECLARING THE BRITISH ISLES IN A STATE OF BLOCKADE. Imperial Camp, Berlin, November 21, 1806. Napoleon, Emperor of the French, and King of Italy — consider- ing : — \. That England does not admit the right of nations, as universally acknowledged by all civilized people : — 2. Tliat slio declares as an enemy, every individual belonging to an enemy state, and in consequence, makes prisoners of war, not only the crews of armed vessels, but those also of merchant vessels, and even the supercargoes of the same : — 3- That she extends or applies to merchant vessels, to articles of commerce, and to the property of individuals, the right of conquest, which can only be appUetl or extended to what belongs to an enemy state : — 4. That she extends to ports not fortified, to the harbours and mouths of rivets, the right of blockade, which, according to reason and the usage of civilized nations, is applicable only to stronger for- tified ports : — 19 hostile decree against the commerce of the United States was what is called the Berlin decree, notwith- standing the allegation to the contrary, and was passed on the 21st of November, 1806 ; nor was the That she declares blockaded, places before which she has not a single vessel of war ; although a place ought not to be considered blockaded, but when it is so invested as that no approach to it can be made without imminent hazard ;— that she declares even places block- aded, whicli her united forces would be incapable of doing-, such as entire coasts, and a whofe empire : — 5. That this unequalled abuse of the rlglit of blockade, has no other object, than to interrupt the communications of different nations, and to raise the commerce and industry of England upon the ruin of those of the continent : — 6. That this being the evident design of England, whoever deals on the continent in English merchandise, favours that design, and be- comes an accomplice : — 7. That this conduct in England, (worthy only of tlie first ages of barbarism) has benefited her to the detriment of other nations :— 8. Tliat it being right to oppose to an enemv the same arms she makes use of to combat as she does ; when all ideas of justice, and every liberal sentiment, (tiie result of civilization among men) are disregarded : — We have resolved to enforce against England the usages which she has consecrated in her maritime code. The present decree shall be considered as the fundamental law of the empire, until England has acknowledged that the right of war is the same on land as at sea, that it cannot be extended to any private property whatever, nor to persons who are not militarv, and until the right of blockade be restrained to fortified places actually invested bv competent forces. Art. 1. The British Islands are in a state of blockade. 2. All commerce and correspondence with them is prohibited. Consequently, all letters or packets, written in England, or to an Englishman, written in the English language, shall liot be dispatched from the post-offices, and shall be seized. 3. Every individual, a subject of Great Britain, of whatever ranker condition, who is found in countries occupied by our troops, or those of our allies, shall be made a prisoner of war. 4. Every warehouse, all merchandise or property whatever, belong- ing to an Englishman, are declared to be good prize. 5. The commerce of English merchandise is prohibited. All mer- chandise belonging to England, or coming from her manufactories and colonies, are declared to be good prize. 6. One half of the proceeds of merchandise declared to be good prize, and forfeited as in the preceding articles, shall go to indemnify merchants who have suffered losses by the English cruisers. 7. No vessel coming directly from England or her colonies, or having been there since the publication of this decree, shall be admitted into any port. 8. Every vessel, that by a false declaration contravenes the 'fore- gomg disposition, shall be seized ; and the ship and cargo confiscated as English propertv. 20 hostile example followed by the British till the 11th of November, 1807, an interval of nearly 12 months. Here it is not a little remarkable, that notwithstand- ing a continuation of French aggressions and French [9. This arlicle states, that the councils of prizes at Paris and at Milan, sliall have recognizance of what may arise in the empire, and in Italj', under the present article.] 10. Communications of this decree shall be made to the kings of Spain, Naples, Holland, Etruria, and to our other allies ; whose sub- jects, as well as ours, are victims of the injustice and barbarity of the Englisli maritime code. 11. Our ministers of foreign relations, &c. &c. are charged with the execution of the present decree. (Signed) NAPOLEON. By the Emperor, II. B. Maret, Secretary of State. BRITISH ORDERS IN COUNCIL. At the court at the Qiieen's Palace, the lllh of November, 1807, present, the King's most excellent Majesty in Council. Whereas certain orders, establisliing an unprecedented system of warfare against this kingdom, and aimed especially at the destruction of its com.ncrce and resources, were, some time since, issued by the Government of France, by which "the Brlti.sh islands were declared to be in a state of blockade," tjjereby subjecting to capture and con- demnation, all vessels with their cargoes, which should continue to trade with his M.njesty's dominions : And whereas, by the same order, " all trading in English merchan- dise is prohibited, and every article of merchandise belonging to En- j^land, or coming from her colonies, or of her manufacture, is declar- ed lawful prize." And whereas the nations in alliance with France, and under her con- troul, were required to give, and have given, and do give effect to such orders : And wliereas his Majesty's order of the Tlh of January last, has not answered the desired purpose, either of compelling tiie enemy to re- cal those orders, or of inducing neutral nations to interpose, with effect, to obtain their revocation, but, on tlie contrary, the same have been recently enforced with increased rigour : And whereas his Majesty, under these circumstances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for suppoi ting- that maritime power which the exertions and valour of his peojde have, under the blessing of Providence, ena- bled him to establish and maintain ; and the maintenance of which is not more essential to the safety and prosperity of his Majesty's domi- nions than it is to the protection of such St;iles as still retain their inde* pendence, and to the general interest and happiness of mankind : 21 spoliations on our commerce for the period of 12 months, no measures of defence, no acts of retalia- tion, no embargo law was passed. I ask, then, from such degrading submission, what is to be in- His Majesty is therefore pleased, by and with the advice of liis Privy Council, to order, and it is liereby ordered, lliat all the ports and places of France and her allies, or of any other country at war with his Majesty, ami all other ports or places in Europe, from which, althoui:;;h not at war witli his Majesty, the British flag- is excluded, and all ports and places in tlie colonies belonging to his Majesty's enemies, shall, from henceforth, be subject to the same restrictions in point of trade and navigation, with tlie exceptions hereafter mentioned, as if tlie same were actually blockaded by his myjesty's naval forces in the most strict and I'igorous manner : And it is hereby further ordered and declared, that all trade in articles which are of the produce or manufacture of the said countries or colonics, shall be decm.ed ,-ind considered to be unlawful ; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandise un board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured, and condemned as prize to tlie captors. But although his Majesty would be fully justified, by the circumstan- ces and considerations above recited, in estaijlishing sucli system of restrictions witli respect to all the coimtries and colonies of enemies, without exception or qualification ; yet his Mrjesty, being nevertheless desirous not to subject neutrals to any greater inconvenience than is absolutely inseparable from the carrying into cfiect l)is Majesty's just determination to counteract the designs of his enemic?, and to retort upon his enemies themselves the consequences of their own violence and injustice ; and being yet willing to hope that it may be possible, (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves with colonial produce for tlieir own consump- tion and supply ; and even to leave open, for the present, such trade with his Majesty's enemies as shall be carried on directly with the ports of his Majesty's dominions, or of his allies, in the manner hereinafter mentioned : His Majesty is therefore pleased further to order, and it is hereby ordered, that nothing herein contained shall extend to subject to cap- ture or condemnation, any vessel, or the cargo of any vessel, beloiig-- ing to any country not declared by this order to be subjected to the re- strictions incident to a state of blockade, which shall have cleared out with such cargo from some port or place of the country to which she belongs, either in Europe or America, or from some free port in his Majesty's colonies, under circumstances in which such trade from sucli free port is permitted, direct to some port or place in the colonies of l\is Majesty's enemies, or from those colonies direct to the country to which such vessel belongs, or to some free port in his Majesty's colo- nies, in such cases, and with such articles, as it may be lawful to im- port into such free port ; nor to any vessel, or the cargo of any vessel, ijelonging to any country not at war with his Majesty, which shall have cleared out from some port or place in this kingdom, or from Gibraltar or Malta, under such regulations as his Majesty may think fit to pre- scribe, or from any port belonging to his Majesty's allies, and shall be 22 I'erred ? Certainly, that our administration were under the influence of an unpardonable imbecihty, or led on by a blind attachment to the French na- tion. In either case, their conduct is evidently un- proceeding direcl to the port specified in lier clearance ; nor to any vessel, or the cargo of any vessel, belonging- to any country not at war with his Majesty, v;liich sii:tll be coming from tiny port or place in Eu- rope which is declared by this order to be subjecl to the restrictions in- cident to a state ol blockade, destined to some port or place in Europe belonging to his Majest)', and wliich sliall be on her voyag-e direct tiiere- to ; but these exceptions are not to be understood as exempting' from capture or confiscation, any vessel or ji^oods which shall be liable tliere- to, in respect of lutving entered or departed from any port or place ac- tually blockaded by his Majesty's squadrons or ships of war, or for be- ing- enemy's ])roperty, or for any other cause than the contravention of this present order- And the commanders of his Majesty's ships of war and privateers, and other vessels acting under ills Majesty's commission, shall be, and are hereby instructed to warn every vessel which shall have commenced her voyage prior to any notice of this order, and shall be destined to any- port of France or oiher allies, or of any other country at war with his Majesty, or to any port or j)lace from which tlie Britisli flag as afore- said is excluded, or to any colony belonging to his Majesty's enemies, and which shall not have cleared out as is herein before allowed, to dis- continue her voyage, and to proceed to some port or place in this king- dom, or to Gibraltar or Malta ; and any vessel wliich, after having been so warned, or after a reasonable time shall have been afi'orded for the arrival of information of his Majesty's order at any port or place from which she sailed, or which, after having potice of this order, shall be found in the prosecution of any voyage contrary to the restrictions con- tained in this order, shall be captured, and, togetlier with her cargo, condemned as lawful prize to the captors. And whereas countries, not engaged in the war, have acquiesced in the orders of France prohibiting all trade in any articles the produce or manufacture of his Majesty's dominions ; and the merchants of those countries have given countenance and efi'ect to those prohibitions, by accepting from persons styling themselves Commercial Agents of the enemy, resident at neutral ports, certain docmncnts, termed " Certi- ficates of Origin," being certificates oJJtained at the ports of shipment, declaring that the articles of the cargo are not of the produce or manu- facture of his Majesty's dominions, or to that eflect : And whereas this expedient lias been directed by France, and sub- mitted to by such merchants, as part of the new system of warfare directed against the trade of this kingdom, and as the most effectual in- strument of accomplishing the same, and it is therefore essentially ne- cessary to resist it : His Majesty is therefore pleased, by and with the advice of his pri- vy council, to order, and it is herebj' ordered, that if any vessel, after reasonable time shall have been afforded for receiving notice of his Ma- jesty's order at the port or place from which such vessel sliall have cleared out, shall be found carrying any such certificate or document as aforesaid, or any document referring to, or avithenticating the same. justifiable. Had our administration assumed a dignified attitude—had we manifested a determina- tion to punish the first aggression— in all human probability, the retaliating orders of Britain would such vessel shall be adjudged lav^ful prize to the captor, together with the goods ladpn there,,!, belonging to the person or persons, by whom, or on whose behalf any such document was put on board And the Right Honourable the Lords Commissioners of his Maies- ty s Treasury, his Majesty's principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judges of the High Court of Admu-alty, and Courts of Vice-Admiralty, are to take the necessu'v measures herein, as to them shall respectively appertain. W. FAWKENER. At the court of the Qiieen's Talacc, the 11th of November, 180r present, the King's most excellent Majesty in Council. * Whereas articles of the growth and manufacture of foreign countries cannot by law, be imported into this country, except in British shins or m ships belonging to tlie countries of which such articles are the growth and manufacture, without an order in council specially author!- sing the same : ^ j -^ His Majesty, taking into consideration the order of this day's date respecting the trade to be carried on to and from the ports of the ene- my, and deeming it expedient that any vessel belonging to any countrv in alliance or at amity with his Majestv, may be permitted to import into this country, articles of the produce or manufacture of countries at war with his Majesty : His Majesty, by and with the advice of his privy council, is there- fore pleased to order, and it is hereby ordered, that all goods, wares or merchandises, specified and included in the schedule of an act pass- ed in the forty-third year of his present Majesty's reign, entituled An Act to repeal the duties of customs payable in Great Britain and to grant other (h.ties in lieu thereof," may be imported from any port or place belonging to any State not at amity with his Majesty, subiect to the payment of such duties, and liable to such drawbacks as are iiow estabushed by law upon the importation of the said goods, wares, or merchandises, in ships navigated according to law ; and with resp«ct to such of the said goods, wares, or merchandises, as are authorised to be warehoused under the provisions of an act, passed in the fortv-third year of his present Majesty's reign, entituled " An Act for permitting- certain goods imported into Great Britain, to he secured in warehouses without payment of duty," subject to all the regulations of the said last- mentioned act ; and with resp-^ct to all articles which are prohibited by law from being imported into this country, it is ordered that the same sha I be reported for exportation to any country in amity or alliance with his Majesty. And his Majesty is furtlier pleased, by and with the advice of his privy council, ta order, and it is herebv ordered, that all vessels which shall arrive at any port of the United kingdom, or at the port of Gib, 24 never have had existence. In vain then do our administration offer the blockading decrees as a jus- tification for their conduct in the adoption of such ruinous measures, in vain urge them as a ground of r;iUai' or Malta, in consequence of having been warned pursuant to the aforesaid order, or in consequence of receiving information, in any other manner, of the said order subsequent to their having taken on board any part of tlieir cargoes, whether previous or subsequent to their sailing, shall be permitted to report their cargoes for exportation, and shall be allowed to proceed upon their voyages to their original ports of destination, (if not unlawful beibre the issuing of the said order,) or at anv port at amity with his Majesty, upon receiving a certificate from the Collector or Comptroller of the customs at the port at which they shall so enter, (which certificate the said Collectors and Comptrollera of the customs are hereby authorised and required to give,) setting forth that such vessels came into such port in consequence of being so warned, or of receiving such information as aforesaid ; and that they ^vere permitted to sail from such port under the regulations which his Majesty has been pleased to establish in respect to such vessels. But in case any vessel so arriving shall prefer to import her cargo, then such vessel shall be allowed to enter and import the same, upon such terms and conditions as the said cargo might have been imported upon, ac- cording to law, in case the said vessel had sailed after having received notice of tlie said order, and in conformity thereto. And it is further ordered, that all vessels which shll arrive at any port of the United Kingdom, or at Gibraltar or Malta, in conformity and obedience to the said order, shall be allowed, in respect to all arti- cles which may be on board the same, except sugar, coffee, wine, brandy, snuff, and tobacco, to clear out to any port whatever, to be specified in such clearance ; and with respect to the last-mentioned articles, to export the same to such ports, and under such conditions and regulations only, as his Majesty, by any license to be granted for that purpose, may direct. And the Right Honourable the Lords Commissioners of his Majes- ty's Treasury, his Majesty's principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judges of the High Court of Admiralty and Courts of Vice-Admiralty, are to take the necessary measures herein, as to them shall respectively appertain. W. FAWKENER. At the court at the Qiieen's Palace, the 11th of November, 1807', present, the King's most excellent Majesty in Council. Whereas tln^ sale of ships by a belligerent to a neutral is considered by France to be illegal : And whereas a great part of the shipping of France and her allies has been protected from capture during the present hostilities by trans- fers, or pretended transfer'^,, to neutrals : ^5 defence, witliout producing a single argument or a single eftort to prevent them, when in fact, and in deed, by their tame submission, they have invited tham ; they have been the very cause of their ex- istence. And whereas it is fully justifiable to adopt the same rule, in this re- spect, towards the enemy, which is applied by the enemy to this country : His Majesty is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, tiiat in future the sale to a neutral of any vessel belonging' to his Majesty's enemies, shall not be deemed to be legal, nor in any manner to transfer tlie property, nor to alter the character of such vessels : and all vessels now belonj^ing', or wliich shall hereafter belong to any enemy of his Majesty, notwithstanding any sale, or pretended sale to a neutral, after a reasonable time shall have elapsed for receiving information of this his Majesty's order at the place where such sale, or pi'etendcd sale, was effected, shall be cap- tured and brought in, and shall be adjudged as lawful prize to the captors. And the Right Honourable the Lords Commissioners of his Majesty's Treasury, his Majesty's principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judges of the High Court of Admiralty and Covu'ts of Vice-Admiralty, are to take the necessary measures herein, as to tliem shall respectively apj^ertain. W. FAWKENER. At the court at the Qiieen's Palace, the 25th of November, 180r, present the King's most excellent Majesty in Council. Whereas his majesty, by his order in council, dated the 11th of Nov. inst. respecting tlie trade to be carried on with his majesty's enemies, was pleased to exempt from tiie restrictions of the said order, all ves- sels which shall have cleared out from any port or place in this king- dom, under such reg-ulations as his majesty may tliink fit to })rescribe, and shall be proceeding direct to the ports specified in the respective clearances ; his majesty, taking into consideration the expediency of making such regulations; is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all vessels belonging to countries not at wai- with his majesty, shall be pei'mitted to lade in any ])ort of the United Kingdom, any goods being the produce or manufac- ture of his majesty's dominions, or East-India goods, or prize-goods, (all such goods having been lawfully imported) and to clear out with, nnd freely to convey the same to any port or place in any colony in the West-Indies or America, belonging to his majesty's enemies, such port or place not being in a state of actual blockade, subject to the payment of such duties, as may, at the time when any such vessels may be cleared out, be due by law on the exportation of any such goods, or in respect of the same being destined to the ports of the colonies belonging to his 26 1.. Again, is there no difference with respect to the extent of nggression ? Sec the orders of coun- cil, and let facts speak for themselves. From the face of these instruments, it is evident that the French majesty's enemies ; and likewise to lade, clear out with, and convey as aforesaid, any articles of foreign produce or manufactare which sliall have been lawfidly imported into this kingdom, provided his majesty's license sh;dl have been previously obtained for so coYiveying such fo- reign produce or maniifRcture. And it is further oi-dered, that any vessel belonging as aforesaid, shall be permitted to lade in any port of the United Kingdom, any goods, not being naval or military stores, which shall be of the growth, pro- duce or manufacture of this kingdom, or which shall have been lawful- ly imported, (save and except foreign sugar, cofiee, wine, brandy, snuff and cotton,) and to clear out M'ith, and freely to convey the same to any port, to be specified in the clearance, not being in a state of actual blockade, although the same shall be under ti.e restrictions of the said order ; and likewise to lude, clear out, and convey foreign sugar, cof- fee, wine, brandy, snuff and cotton, which shall have been lawfully imported, provided his majesty's license shall have been previously ob- tained for the exportation and conveyance thereof : Audit is hereby further ordered, that no vessel shall be permitted to clear out from any port or place of this kingdom to any port or place of any country subjectcil to the restrictions of the said order, with any goods which shall have been laden (after notice of the said order) on board the vessel which shall have imported the same into this kuigdom, v\ithout having first ihily entered and landed the same in some port or place in tiiis kingdom ; and that no vessel shall be per- mitted to clear out from any port or place in this kingdom to any port or place whatever, with any goods, the produce or maiuifacture of any country, subjected to the restrictions of the said order, which shall have been laden after notice as aforesaid, on board the vessel importing the same, v. Itiiout having so duly entered and landed the same ; on any goods whatever which shall have been laden after such notice in the ves- sel imp;)rting the same, in any port or place of any country subjected to the restrictions of the said order, without having so duly entered and landed the same in some port or place of this kingdom, except the cargo shall consist wholly of flour, meal, grain, or any article or articles the produce of the soil of some country which is not subjected to the restric- tions of the said order, except cotton, and which shall have been im- ported in an unmanufactured state direct from such country into this kingdom, in a vessel belonging to the country from which such goods have been brou.^ht, and in v. hich the same were grown and produced. And it is further (srdered, that any vessel belonging to any country not at 'A ar with his majesty, may clear out from Guernsey, Jersey, or Man, to any port or place, under the restrictions of the said order, wliich shall be specified in the clearance, not being in a state of actual blockade, with such articles only, not being naval or military stores, as shall have !>een legally imported into such islands respectively, from any port or place in this kingdom direct ; and with respect to all such arti- cles as may have been imported into the said islands respectively, from any port or place under the restrictions of the said order, it shall not be edicts embrace more unqualified hostility than those of the British ; inasmuch as the former subject to confiscation all American property bound to or from an English port, or met by an English vessel of war, permitted to any vessel to clear out with the .same from any of the said islands, except to some port or place in this kingdom. W. FAWKENER. At the court attheQtieen's Palace, the 25th November, 1807, present the king's most excellent majesty in council. Whereas his majesty by his order in council, dated tiie lUh of Nov. inst. respecting the trade to be carried on with his maj'.sty's enemies, was pleased to exempt from the restrictions of the said order, all vessels belonging to any country not at \\ar witli his majesty, together with their cargo, wliich shall be coming from any port or place in Europe which is declared in the said order to be subject to the restrictions iiu idem to a state of blockade, direct to some port or place in Europe 'belonging to his majesty, and also, all vessels which sliall be cleared out from Gib- raltar or Malta, un or even powers the allies of England, are made liable, not only to be searched by English ci-uisers, but to be compulsoriiy detained in England, and to have a tax laid on them of so mu<;h per cent on the cargo, to be regulated by the British legislature. Observing that by these acts the British government denationalizes ships of every nation in Europe, thnt it is not competent for any go- vernment to detract from its own independence and rights, all the sovereigns of Europe having in trust the sovereignties and indepen- dence of the flag ; that if by an unpardonable weakness, and which, in the eyes of posterity, would be an indelible stain, such a tyranny was allowed to be established into principles, and consecrated by visage, the English would avail themselves of the tolerance of go- vernments to establish the infamcnis principles, that the flag of a nation does not cover goods, and to give to their right of blockade an arbi- trary extension, and which infringes on the sovereignty of every state ; we have decreed, and do decree as follows : — Art. I. Every ship, to whatever nation it may belong, that shall have submitted to be searched by an English, ship, or to a voyage to 31 great good man, with a mind as if guided by divine inspiration, not only predicted those national evils which had befallen us, but by his wholesome advice, pointed out the manner and means by which ihey might have been prevented. Speaking of our commerce, he says : " To an active external commerce, the protection of a naval force is indispensable. ...this is manifest with regard to wars in which a state is itself a party. ...but besides this, it is in our own experience, that the most sin- cere neutrality is not a sufficient guard against the depredations of nations at war. 'i'o secure respect to a neutral flag requires a naval force, organized and ready to vindicate it from insult or aggression.... England, or that shall have, paid any tax whatsoever to the English government, is thereby, and for that alone, declared to be denational- ized, to have forfcilcd the protection of its king, and to have become English property. Art. II. Whether the ships thus denationalized by the arbitrary measures of tlie English government, enter into our ports, or ti\ose of our allies, or whether they fall into the hands of our ships of war, or of our privateers, they are declared to be good and lawful prizes. Art. III. Tlie British islands are declared to be in a state of block- ade, botli by land and sea. Every sliip, of whatever nation, or what- soever the nature of iier cargo may be, that sails from the ports of England, or those of the English colonies, and of the countries occu- pied by English troops, and proceeding to England, or to English co- lonies, or to countries occupied by English troops, is good and lawful prize, as contrary to the present Decree ; and may be captured by our ships of war, or our privateers, and adjudged to the captor. Art. IV. These measures, which are resoi-ted to only in just re- taliation of the barbarous system adopted by England, which assimi- lates its legislation to that of Algiers, shall cease to have any effect with respect to all nations who shall have the firmness to compel the English government to respect their flag. They shall continue to be rigorously in force as long as that government does not return to the principle of tlie law of nations, which regulates the relations of civil- ized states ill a state of war. The provisions of the present Decree shall be abrogated andnuH, in fact, as soon as the English abide again by the princijiles of the law of nations, which are also the principles of justice and of honour. AH our Ministers are charged with the execution of the present. Decree, which shall be inserted in the Bulletin of the Laws. (Signed) NAPOLEONT: By order of the Emperor, The Secretary of State. (Signed) H. R- Maret. 32 this mav even prevent the necessity of goin^ to war, by discourai^ing belHgcrent })0\vers from com- mitting such violations of the rights of the neutral party, as may first or last, leave no other option. From the best information I have been able to ob- tain, it v/ould seem as if our trade to the Mediter- ranean, without a protecting force, will always be insecure ; and our citizens exposed to the calamities from which numbers of them have but just been re- lieved. " These considerations invite the United States to look to the means, and to set about the gradual creation of a navy. The increasing progress of their navigation promises them, at no distant period, the requisite supj)ly of seamen ; and their means, in other respects, l\ivour the undertaking. It is an encouragement likewise, that their particular situa- tion will give weight and influence to a moderate naval force in their hands. Will it not then be ad- visable, to begin without delay, to provide and lay up the materials for the building and equipping of ships of war ; and to proceed in the work by degrees, in proportion as our resources shall render it prac- ticable without inconvenience ; so that a future war of Europe may not find our commerce in the same unprotected state in which it was found by the pre- sent ?" Have not then the administration been forewarned of the dangers to which we were exposed ? Have they been surprized ? No such thing can be alleged. With paternal solicitude for his people, Washington in vain admonished them in his farewell address against the approaching evils ; but alas ! for his fallen country, like the Trojan prophetess,* though he told the truth, he was not believed. In order to illustrate and exemplify a remark long since made on governments, to wit, that they receive * Cassandra. 33 tlieir tone or cast from him ^vho holds the helm, t will now contrast the past times with those of the present. At the helm of state, like the lofty oak in the forest, Washington was unshaken ; his administra- tion was firm and dignified ; the nation respected at home and abroad, and the people prosperous and happy ; the constitution sound and unimpaired ; the treasury full of money ; talents and virtue cherish- ed. Then, indeed, the arts and sciences, laws and government, religion and morals, formed a solid basis of our compact. Then, indeed, the Ameri- can character assumed a name, and an attitude amongst nations. Contrasted with this, what is the reputation of the sage philosopher of Monticello and his administra- tion? God knows I am no personal enemy to hini^ nor to any man in existence ; far from it, I think him possessed of talents, of useful information, but they are not of that kind which qualify him for the government of an empire so extensive, so important, and so en- terprizing, as that of the United States. In a re- public like that of Lacedemon, if there is such in existence, insulated from all kinds of commerce with the world, unacquainted with the luxuries of any clime but its own, and having no temptation to industry or enterprize, I think he might be extreme- ly useful in dealing out some useful precepts of philosophy or temperance, or measuring out with a ladle some dishes of the Spartan soup* to a * The Spartans ate altogether in public ; and in case any ab- stained from coming to the tables, they were fined. It was like- wise strictly forbidden for any to eat or drink at home before they came to the common meal ; even then each had his proper por- tion, that every thing might be done there with gravity and de- cency. The black broth was the great rarity of the Spartans, whigh was composed of salt, vinegar, blood, &c. so that, in F 34 lai\"-e famih'. Bat, unfortunately, in common with all )3hilosophcrs, labouring under a constitutional ti- midity, or a blind attachment to French principles, French philosoph}-, and the French nation, he has ever been remarked, even in the days of the ordeal trial, for that weakness of nerve, imbecility, and indecision, which now mark his administration. From these, concealed under the imposing mask of democratic simplicity, and the semblance of public economy, have emanated most of our misfortunes. Like the baleful cypress, agitated by every breeze of popularity, ever disposed to gratify the passions of the people, (their greatest enemies) in opposition to their interests ; in closing his public career, in- stead of carrying with him into retirement the re- flections of seeing his country happy, prosperous and dignified, he sees her fallen, miserable and de- graded. In order to throw new light on this part of the subject, I will beg leave to recite a letter, written by our limes, it would be esteemed a very unsavoury soup. If they irere moderate in their eating, they were so in their drinking also ; thirst was the sole measure thereof; and never any Lace- demonian thought of drinking for pleasure : as for drunkenness, it was both infamous and severely punished ; and, that young men might perceive the reason, slaves were compelled to drink to excess, that the beastliness of the vice might appear. When they retired from the public meal, they were not allowed any torches or lights, because it was expected, that men who were perfectly sober, should be able to find their way in the dark : and, besides, it gave them a facility of marching without light ; a thing wonderfully useful to them in lime of war. As the poor ate as well as the rich, so the rich could wear nothing better than the poor ; they neither changed their fashion nor the materials of their garments ; they were made for warmth and strength, not for gallantry and show : and to this custom even their kings conformed, who were nothing gaudy in right of their dignity, but were contented that their virtue should distinguish them rather than their clothes. one who was second to none in portraying the hu- man character : " The gazettes of the clay contain ample proof on this subject. All the bitterness of party spirit had poured itself out in the most severe invectives against the heads of the state and treasury departments. " The secretary of the treasury was represented as the advocate of " aristocracy, monarchy, here- ditary succession, a titled order of nobility, and all the other mock pageantry of kingly government." He was arraigned at the bar of the public for holding principles unfiivourable to the sovereignty of the people, and for inculcating doctrines insinuating their inability to rule themselves. I'he theory of the British monarchy was said to have furnished his model for a perfect constitution ; and all his systems> of finance, ^vhich were represented as servile imi- tations of those previously adopted by England, were held up to public execration as being intended to promote the favourite project of assimilating the go- vernment of the United States to that of Great Britain. With this view, he had entailed upon the nation a heavy debt, and perj)etual taxes ; had cre- ated an artificial monied interest which had corrupted, and would continue to corrupt the legislature ; and was endeavouring to prostrate the local authorities as a necessary step towards erecting that great con- solidated monarchy which he contemplated. " To support some of these charges, sentences and parts of sentences were selected from his reports, which expressed the valuable purposes to which a funded debt might be applied, and were alleged to afiirm, as an abstract principle, " that a public debt was a public blessing." He was, it was added, the inveterate enemy of Mr. Jefferson, because, in the republican principles of that gentleman, he perceived an invincible obstacle to his views. 36 " If the counter charges exhibited against the se- cretary of state were less capable of alarming the fears of the public for liberty, and of directing the resentments of the people against that officer, as the enemy of their rights, they were not less calculated to irritate his personal friends, and to wound his own feelings. " The adversaries of this gentleman said, that he had been originally hostile to the constitution of the United States, and adverse to its adoption ; and " that his avowed opinions tended to national dis- union, national insignificance, public disorder and discredit." Under the garb of democratic simpli- city, and modest retiring philosophy, he covered an inordinate ambition, which grasped unceasingly at power, and sought to gratify itself, by professions of excessive attachment to libert}', and by traducing and lessening in the public esteem, every man in whom he could discern a rival. To this aspiring temper they ascribed, not only " those pestilent whispers which, clandestinely circulating through the country, had, as fur as was practicable, conta- minated some of its fairest and worthiest characters," but also certain publications affecting the reputation of prominent individuals, whom he might consider as competitors with himself for the highest office in the state. A letter written by Mr. Jeffi^rson to a printer, transmitting for publication the first part of *' the rights of man," which letter v»'as prefixed to the American edition of that pamphlet, contained al- lusions to certain " political heresies" of the day, which were understood to imply a serious censure on the opinions of the vice-president : and the great object of the national gazette, a paper known to be edited by a clerk in the department of state, was " to calumniate and blacken public characters, and, particularly, to destroy the public confidence in the secretary of tlie treasury, who was to be hunted 37 down for the unpardonable sin of liavln*:^ been tl^c stead}' and invariable friend of broad principles of national government." It was also said, that his connections with this paj^er, and the patronage he afforded it, authorised the opinion that it might fairlv" be considered " the mirror of his views," and thence was adduced an accusation not less serious in its na- ture than that which has been already stated. *' The national gazette was replete with continual and malignant strictures on the great leading mea- sures of the administration, especially those which were connected with the finances. If Mr. Jeffer- son's opposition to these measures had ceased when they had received the sanction of law, nothing more could have been said, than that he had transgressed the rules of official decorum, in entering the lists with the head of another department, and had been culpable in pursuing a line of conduct which was calculated to sow the seeds of discord in the execu- tive branch of the government, in the infancy of its existence. But when his opposition extended be- yond that point, when it was apparent that he wished to render odious, and of course to subvert (for in a popular government these are convertible terms) all those deliberate and solemn acts of the legislature, which had become the pillars of the public credit, his conduct deserved to be regarded with a still se- verer eye. It was also said to be peculiarly unfit for a person remaining at the head of one of the great executive departments, openly to employ all his influence in exciting the public rage against the laws and the legislature of the union, and in giving cir- culation to calumnies against his colleagues in office, from the contamination of which, even the chief magistrate himself could not hope entirely to es- cape." Such is the character of the man who holds the helm of s:overnment. It now remains for me to take a glance of the prominent acts of our administration. It is not a little remarkable, that the same spirit of antifederalism which pervaded the Virginia conven- tion, is still inherent in the Virginia politics ; for certain it is, the Virginians were not less opposed to j the federal government previous to its adoption, than they lately have been to commerce. They have al- ways looked with a jealous eye to the enterprise of the east. VV^as it wnse or politic in our administration to dismantle that infant navy which was built by the advice of Washington. Would it not now be im- portant to the protection of our commerce ? Is it not now necessary to have it re-established ? Was it politic or judicious in the administration to lavish on the French nation the sum of fifteen mil- lions of dollars for the territory of Louisiana, which is likely to become a bane of contention for genera- tions ? Have we not millions of acres of land which we have no immediate occasion for ? Were we not, by the treaty of Lorenzo with Spain, entitled to the full navigation of the Mississippi, and a place of deposit for our merchandises ?* Would not fif- *EKU'act from the Treaty of Friendsliip, Liniits and Navigatif)n, between the United States of America and the king of Spain, conchided at San Lorenzo, 27lh October, 1795. Art. IV. It is likewise agreed that the western boundary of the United States, which separates then^ from the Spanisli co- lony of Louisiana, is in the middle of the channel or bed of the viver Mississippi, from the northern boundary of the said states lo the completion of the 31st degree of latitude north of the equator. And his Catholic Majesty has likewise agreed that the navigation of the said river, in its whole breadth from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege lo tlie subjects of other powers, by special convention. Art. XXIL The two high contracting parties, loping that the good corresponderice and friendsliip which haypily reigns between them, will be fm'thcr increased by this treaty, and tiial -teen millions of dolhirs be now important to the people of the United States, cither in raising fortifi- cations, or building a navy ? Would it not be useful in giving employ to thousands of the labouring part of the community, who are really in want of bread? Was it wise or politic in ouradministration to pros- trate our judiciary, the bulwark of the American rights, that Palladium which gives security to pro- perty, to liberty, and to life ? Was it not cruel and impolitic to send adrift on the wide world, the old soldier, grown grey in the service of his country ; him, who badly clad and badly paid, bore the bleak winds of the north, and scorching sands of the south, in order to establish the independence of his country ? Will not a policy of this kind check and discourage the patriotic ar- dour of his children and that of the rising genera- tion ? Was it wise or proper in our administration to import into the United States the reviler of Wash- ington, him whose avowed principles are to over- turn all morals, religion and social compact, him whom all Euro])e has vomited? Was it consistent with the dignity of an inde- pendent nation to suft'er a foreign minister to dictate, it will contribute to auj^ment their prosperity and opulence, will in future give to their mutual commerce all the extension and favour which the advanta^ies of both countries may require. And in consequence of the stipulations contained in the fourth article, his Catholic Majesty will permit the citizens of the Uni- ted States, for the space of three years from this time, to deposit their merchandises and effects in the port of New-Orleans, and to export them from thence, without payint^ any other duty than a fair price for the hire of the stores, and his Majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them, on another part of the banks of the Mississippi, an equivalent establish- ment. 40 or even interfere with the arrangements of govern- ment ? Was it republican in our administration to no- minate or even recommend a successor to the helm of government ? Is not this an infringement on the freedom of election ? Does not this, in some measure, lead to the princij)les of an elective mon- archy ? Is it not an unconstitutional assumption — at variance with the rights of a free nation ? Have the late appointments made by the adminis- tration been wise or judicious, or do they not create universal dissatisfaction to the people of the United States? Was it not a breach of public trust to com- mit the secret of the nation to a man* a svv-indler by profession ; a man who has defrauded the merchants of New- York of their property ; these are enquiries submitted to the consideration of tlie American people. I cannot conclude this subject, without dropping a tear of condolence on the fallen state of a country, destined by nature and providence for a superior rank amongst nations. With a soil and territory un- explored, with a clime calculated for almost every production, with a coast of from 1 to 2,000 miles, with a boundary discouraging to invasion, with an en- terprise unrivalled, and with a constitution calculated for happiness ; in her infant state, Phcenixf like, daily * Captain Haley, lately appointed to carry out the dispatches. t Phoenix, in ornithology, a bird, famous in antiquity, but sjenerally looked upon by the moderns, as fabulous. The an- cients speak of this bird, as single, or the only one of its kind ; i:iey describe it as of the size of an eagle ; its head finely crested with a beautiful plumage, its neck covered with feathers of a f^old colour, and the rest of its body purple, only the tail white, and the eyes sparkling like stars : they hold tliot it lives 500 or <"00 years in tiie wilderness ; that when thus advanced in age, it hiilds itself a pile of sweet wood and aromatic gums, and fires it 41 collecting materials for her own destruction. Since the adoption of the Federal government, shall I men- tion the schisms or the abuses---Republic' "is, Demo- crats, Clintonians, Madisonians, Quids, ^ewisites, Livingstonites, Burrites, M'Keanites, Rossitcs, Snyderites, citm multis aliis. For the age of our government, is there a part ever performed in the democracy of Greece or Rome, that we have not imitated to the life ? Is there a demagogue we have not seen represented on the stage ? Have we not seen the same inflammatory riots and cabals ? Have we not the same dissen- tions, the same scenes of anarchy and confusion ? Have we not seen passion triumphant over reason, vice over virtue, ignorance over talents and wisdom, presumption over modesty, and puerile temerity over years and experience ? Have we not seen even judicial sanctity intermingled with the gam- bols of the crowd ? In short, have we not seen physical man reduced to the most abject state of all slavery, the slavery of his own passions ? Who is there in the United States, of a reflecting mind, in such a state of things, uho does not tremble for the Federal government, for himself, for the rising generation and posterity. CIVIS. with the wafting of its wings, and thus burns itself ; and that from its ashes arises a worm, which in time grows up to be a Phcenix, hence the Phoenicians gave the name of Phoenix to the palm tree ; because when burnt down to the root, it rises again fairer than ever. 3 3 89" ^ IP .H^^ iy o °" t %/ * .0', A, .e ^^-. 'l>