came up with her. On being hailed by the Leopard, and receiving an intimation that the Captain of that ship desired to send a message on board the Chesapeake, the commander of the latter vessel, Commodore Barron, hove to;

of public indignation was raised; no authori- to sea, off Cape Henry, and in a few hours tative document emanated from the government indicating, even indirectly and in the mildest terms, their sense of the outrage which had been committed by the oppressor and trampler of Europe. Not a word even of expostulation was breathed by the great North whereupon a letter was sent by Captain HumAmerican republic-independent as it was of phries, covering an order from Admiral Napoleon's iron-handed despotism, and deeply Berkeley, in which the men known to have interested in British commerce; until the arm been received into the American frigate, and of French violence fell heavily on the ships alleged to be deserters from the Melampus, of its own citizens; and, even then,-although were designated by name and claimed. Comconfiscation followed on confiscation, and mil-pliance with the order was refused by Comlions of francs accruing from the sequestration modore Barron, who replied by letter to of American property enriched the French Captain Humphries, denying that he had the treasury,—the tone adopted by the President men, intimating his unwillingness to permit of the United States towards the French government, though petulant enough, was gentle and plaintive and supplicatory, compared with the strong and angry language frequently addressed from Washington to ministers and plenipotentiaries of Great Britain.

The affair of the Chesapeake,22d June,

1807.

Whilst dissatisfaction

was thus too evidently increasing on the part of the Government and inhabitants of the United States, an inauspicious enforcement of the right of search, by H. M. ship Leopard, against the American frigate, Chesapeake, contributed still further to agitate the public mind.

the search, and adding that his crew could not be mustered for examination by any other officers than his own. Captain Humphries, on receiving this reply, fired a broadside into the Chesapeake, to which the latter vessel returned a few shots, in a confused manner; the Leopard then repeating her fire, the AmeriI can frigate struck her colors. A boat was then put off from the Leopard; and the men were discovered and removed. In this affair the Chesapeake had three men killed and eighteen wounded, amongst the latter of whom was Commodore Barron; besides which the damage done to her hull and masts was considerable. The captured deserters were taken As it was known that several British sea- to Halifax and tried; and one of them, being men had deserted from different ships and found guilty of piracy and mutiny, was hanged. vessels of H. M. navy, whilst lying at anchor | It is a circumstance worthy of notice,—as in Hampton Roads, Va., and that, after the whole body of the deserters had openly paraded the streets of Norfolk, under the American flag, and protected by the Magistrates of the town, four of them, at least, had been received on board the U. S. frigate Chesa peake, Admiral Berkeley, then in command of the North American station, issued instructions for their requisition and removal,-the deserters having been previously demanded, but without effect, by the British Consul at Norfolk, as well as by the Captains of the ships from which they had deserted. About one month after the issuing of these instruc- worse. On the 2nd July following, he set tions,—afterwards disavowed by the British forth precipitately an angry proclamation, in Government, as an improper extension of the which, after reciting the transaction, in lanright of search to armed vessels,--Captain guage calculated to inflame the public mind in Humphries, of H. M. ship Leopard, 74 guns, a very high degree, he peremptorily "required on the 22nd June, followed the Chesapeake all armed vessels bearing commissions under

evincing on the part of the U. S. navy at the time a spirit gallant and resolute enough, though too irascible,-that Commodore Barron was censured and suspended soon afterwards by a naval court, for not preparing his vessel more fully for action, when there was sufficient time to do so, and thus incapacitating himself from making more than the slight and very ineffective resistance which he offered

This collision between the two vessels was specially unfortunate at such a juncture; but the hasty proceeding of the President of the United States served to make matters vastly

chant service, about the time of the war, there were between thirty and fifty thousand of our seamen employed, many of them deserters, and liable to be reclaimed as such; and, as to the rest, their impressment was just as lawful from a merchant vessel of the United States as an English vessel; for surely their having sought the service of the United States,— probably for the very purpose of evading that of their own country in the hour of peril-did not absolve them from their allegiance, nor render nugatory the established law of nations, that "every State has a right to the services of its subjects, and especially in time of war." On the trial of the men taken from the Chesapeake, it was shown that three of them were unquestionably American citizens, but that they had entered the service of Great Britain voluntarily: the fourth, who was convicted of piracy and mutiny, and for these crimes hanged, was a native British subject.

the Government of Great Britain, then within the harbors or waters of the United States, immediately and without any delay to depart from the same, and interdicted the entrance of all the said harbors and waters to the said armed vessels, and to all others bearing commissions under the authority of the British Government." This, in its bearing, was a hostile measure; for, at the same time that this interdiction of British vessels was proclaimed, the fleets of France had free access to the ports from which their enemies were thus imperiously excluded. And this step was taken, before the President knew in what light the British Government would view the act of its officer. The proclamation was, to a considerable extent, a retaliation of the violence complained of, for, by the sudden stoppage of supplies, it caused no small inconvenience and privation to many of H. M. vessels at that time in the harbours of the United States; whilst at the very moment when this We can readily understand that American method of self-redress was put in execution, a seamen, whether native or naturalized-landemand for satisfaction and reparation had guage, garb, appearance, and other characterbeen despatched to the British Government. istic peculiarities being the same in both cases, That Government, before any suit for satisfac--may have been now and then mistaken for tion had reached it, disavowed the act on the ground that "the right of search, when applied to vessels of war, extended only to a requisition, but could not be carried into effect by actual force." Captain Humphries was recalled and Admiral Berkeley suffered the severe disgrace of being superseded. In this frank and honorable spirit did the British Government,―before one word of complaint or expostulation had been borne across the Atlantic,-promptly and spontaneously testify their concern at the mistaken proceedings of their officer, and their cordial desire to make reparation. It will be apparent, we think, to every one that their treatment of the affair exhibits, in a very strong light, the President's proclamation as a measure premature and unjustifiable.

British seamen, and, as such, impressed into the service of Great Britain; but there is positively no proof, either that the impressment was made with wilful disregard of ascertained origin, or that the mistake

pendence of the country was achieved. It was enough to protect them while they remain within our territories. Within these we had a right to make regulations. But we had no right to make regulations on the ocean, which would conflict with the pretensions of all civilized nations, who claimed the allegiance of their native born subjects either by the divine right of the governors, or by implied compact. He should not inquire whether these claims were compatible with the rights of man. It was sufficient that they grew out of the established usages and principles of civilized kingdoms, which we had no right to controvert out of our own limits. He would therefore not protect any other than natural American citizens on the ocean. We did not deny the right of England to search for property; she In the American mer- went further, and claimed the privilege of searching for her seamen. The similarity of our man* American Weekly Register, 28th Sept., 1811. ners and language occasioned her to abuse the privilege in some cases by the impressment of our Extract from Mr. Sheffey's speech in the seamen. This was not an abuse of principle but House of Representatives, on the bill to raise an of honor. And before we go to war with her for additional military force-January, 3, 1812 :-impressment he would make her this offer: he "He protested against waging a war for the would agree not to let any man enter our merprotection of any other than native born American chant vessels but a natural citizen of these Unitseamen, or those who were citizens when the inde-ed States."

Right of Search,t

occurred so frequently as to involve anything whilst this exciting topic was in debate, in

like the wrong and the suffering depicted in a stances were occurring of merchant vessels of proclamation of the President of the United the United States placing themselves under States, in which document it is stated, that British convoy. Cases such as these, however, "under pretext of searching for her seamen, were no doubt rare; for, to say nothing of the thousands of American citizens under the safe-hostile interpretation likely to be put upon guard of public laws, and of their national flag, them by France had they been numerous, have been torn from their country and from there was, we fear, but little inclination on the everything dear to them." The question, as part of citizens of the United States, to seek it happens, was discussed, soon after the decla- protection under the guns of a British ship of ration of war, by an "AMERICAN CITIZEN," a war. Still, few as they were, they may serve member of the local legislature in one of the to suggest the reflection, how readily the New England States, and evidently a man of ta- national feeling on both sides might have been lent and education. From a vigorous and lucid conciliated into firm and mutually profitable pamphlet, published by this writer, in opposi- friendship, had the United States been able to tion to the intemperate policy of his govern- perceive at once--as Washington had striven ment, we borrow the following extract bearing that they should perceive-that their inon the "right of search:"— terest, no less than their origin, bound them to Great Britain; and had they sincerely and strenuously labored, under that persuasion, to suppress their strangely misplaced and deeply prejudicial sympathy with France; a country, at that time the very antithesis of a popular State; ambitious, merciless, despotizing; seeking to enslave the rest of Europe, and herself virtually enslaved by as thorough paced a tyrant as the world has ever seen.

"The whole number of sailors pretended to have been impressed from our ships, for fifteen years past, was 6258, out of 70,000, and of which, all but 1500 have been restored. Of this remainder, at least one half are probably British seamen, and of the residue it is probable that at least another moiety entered voluntarily. The whole number of British seamen in their marine, or public ships only, is 150,000, and in their merchant ships, over whom they have a perfect control, 240,000. Is it probable, we ask, that for the sake of gaining 1500 seamen, they would hazard the peace of their country."*

his coveted position of supreme arbiter of the destinies ofthe Continent, it became imperative on the British Government to enact a more effectual measure than the Order of the 7th January, which not only was, in its actual bearing, comparatively lenient and mild; but had been very generally evaded, and afforded to Great Britain little or no protection against the extreme and unscrupulous proceedings of her adversary. In this condition of affairs, on the 11th November, 1807, the Order which we give below was issued* To this Order

What the United States should have done, secured the adhesion of Russia to the Conis simply this: they should have taken effec-tinental league, and established Buonaparte in tual steps to prevent the entrance into their service of British seamen, during the war with France. This would have put a stop at once to the grievance. Instead of doing this, the merchant service of the United States offered them double the pay given to a seaman in a British ship of war, besides not disdaining to use other more direct allurements; so that, whilst Great Britain was striving to rally round her standard all the stout hearts and stalwart arms she could bring together of her own sons in a struggle for existence, the States of Maryland, North Carolina, South Carolina, and Georgia were employing-for lucre's sake-three foreign seamen to one native American.

*The Government on this occasion were well supported by Parliament-in the Upper House by a majority of 127 to 61; in the Lower by 214 to 94.-Alison, vol. 3, p. 559.

ORDER IN COUNCIL

At the Court at the Queen's Palace, the 11th of November, 1807, present, the king's most Excellent Majesty in Council.

"Whereas certain orders, establishing an un

Buonaparte, on the 17th December, of the same year, replied by his Milan Decree, which

precedented system of warfare against this kingdom, and aimed especially at the destruction of its commerce and resources, were some time since issued by the government of France, by which "the British Islands were declared to be in a state of blockade," thereby subjecting to capture and condemnation all vessels, with their cargoes, which should continue to trade with his majesty's dominions:

And whereas by the same order, "all trading in English merchandise is prohibited, and every article of merchandize belonging to England, or coming from her colonies, or of her manufacture, is declared lawful prize :"

And whereas the nations in alliance with France and under her controul, were required to give, and have given, and do give, effect to such orders:

And whereas his majesty's order of the 7th of January last has not answered the desired purpose, either of compelling the enemy to recall those orders, or of inducing neutral nations to interpose, with effect, to obtain their revocation; but, on the contrary, the same have been recently enforced with increased rigour:

And whereas his najesty, under these circumstances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for supporting that maritime power which the exertions and valour of his people have, under the blessing of Providence, enabled him to establish and maintain; and the maintenance of which is not more essential to the safety and prosperity of his majesty's dominions, than it is to the protection of such states as still retain their independence, and to the general intercourse and happiness of mankind :

His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all the ports and places of France and her allies. or of any other country at war with his majesty, and all other ports or places in Europe, from, which. although not at war with his majesty, the British flag is excluded, and all ports or places in the colonies belonging to his majesty's enemies, shall, from henceforth be subject to the same restrictions in point of trade and navigation, with the exceptions hereinafter-mentioned, as if the same were actually blockaded by his majesty's naval forces, in the most strict and rigorous 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 colonies, shall be deemed and considered to be unlawful; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandize on board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured, and condemned as prize to the captors.

But although his majesty would be fully justified, by the circumstances and considerations above recited, in establishing such system of restrictions wish respect to all the countries and colonies of his enemics, without exception or qualification; yet his majesty, being nevertheless desirous not to subject neutrals to any greater in

put the finishing stroke to his excommunica tion of Great Britain.*

convenience than is absolutely inseparable from the carrying into effect his majesty's just deter mination to counteract the designs of his enemies, 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 pos sible (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves with colonial produce for their own consumption 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 that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging to any country not declared by this order to be subjected to the restrictions 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 such free ports is permitted, direct to some port or place in the colonies of his 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 colonies, in sucn cases, and with such articles, as it may be lawful to import into such free port;-nor to any vessel, or the cargo of any vessel, belonging to any country not at war with his majesty, which shall have cleared out under such regulations as his majesty may think fit to prescribe, and shall be proceeding direct from some port or place in this kingdom, or from Gibraltar or Malta, or from any port belonging to his majesty's allies, to the port specified in her clearance :-nor to any vessel or the cargo of any vessel, belonging to any country not at war with his majesty, which shall be coming from any port or place in Europe which is declared by this order to be subject to the restrictions incident to a state of blockade, destined to some port or place in Europe belonging to his majesty, and which shall be on her voyage direct thereto; but these execeptions are not to be understood as exempting from capture or confiscation any vessel or goods which shall be liable thereto in respect of having entered or departed from any port or place actually blockaded by his majesty's squadrons or ships of war, or for being enemies' property, 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 his majesty's commission, shall be, and are hereby instructed to warn every vessel which shall have

IMPERIAL DECREE.

Rejoinder to his Britannic Majesty's Order, in Council, Nov. 11, 1807.-At our Royal Palace, at Milan. Dec. 17, 1807.

Napoleon, emperor of the French, king of Italy, and protector of the Rhenish Confederation:Observing the measures adopted by the British

commenced her voyage prior to any notice of this order, and shall be destined to any port of France, or of her allies, or of any other country at war with his majesty, or to any port or place from which the British flag as aforesaid is excluded, or to any colony belonging to his majesty's enemies, and which shall not have cleared out as is here-before allowed, to discontinue her voyage, and to proceed to some port or place in this kingdom, or to Gibraltar or Malta; and any vessel, which after having been so warned, or after a reasonable time shall have been afforded for the arrival of information of this his majesty's order at any port or place from which she sailed, or which, after having notice of this order, shall be found in the prosecution of any voyage, contrary to the restrictions contained in this order, shall be captured, and together with her cargo, condemned as lawful prize to the captors.

now exposed. The ocean, whose waves had borne for years vast wealth to their shores, whilst it was strewn with the wreck of Europ

Observing that by these acts the British governe ment denationalizes ships of every nation in Europe; that it is not competent for any government to detract from its own independence and rights, all the sovereigns of Europe having in trust the sovereignties and independence of their 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 usage, the English would avail themselves of it to assert it as a right; as they have availed themselves of the intolerance of governments to establish the infamous principle, that the flag of a nation does not cover goods, and to give to their right of blockade an arbitrary 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 And whereas countries, not engaged in the war, belong, that shall have submitted to be searched have acquiesced in these orders of France, pro- by an English ship, or to a voyage to England, or hibiting all trade in any articles the produce or shall have paid any tax whatsoever to the English manufacture of his majesty's dominions; and the government, is thereby, and for that alone, demerchants of those countries have given counte-clared to be denationalized, to have forfeited the nance and effect to those prohibitions, by accepting protection of its king, and to have become English from persons styling themselves commercial agents property. of the enemy, resident at neutral ports, certain documents, termed, "certificates of origin," being certificates obtained at the ports of shipment, declaring that the articles of the cargo are not of the produce or manufacture of his majesty's dominions, or to that effect:

And whereas this expedient has been directed by France, and submitted to by such merchants, as part of the new system of warfare directed against the trade of this kingdom, and as the most effectual instrument of accomplishing the same, and it is therefore essentially necessary to resist

it :

His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered that if any vessel, after reasonable time shall have been afforded for receiving notice of this his majesty's order at the port or place from which such vessel cleared out, shall be found carrying any such certificate or document as aforesaid, or any document referring to, or authenticating the same, such vessel shall be adjudged lawful prize to the captor, together with the goods laden therein, belonging to the person or persons by whom, or on whose behalf, any such document was put on board.

the arbitrary measures of the English government, "II. Whether the ships thus denationalized by enter into our ports, or those 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.

III. The British islands are declared to be in a state of blockade, both by land and sea. Every ship, of whatever nation, or whatsoever the nature of its cargo may be, that sails from the ports of England, of those of the English colonies, and of the 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.

"IV. These measures, which are resorted to only in just retaliation of the barbarous system adopted by England, which assimilates its legisla tion 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 the law of nations, which regulates the relations of civilized And the right honorable the lords commission-states in a state of war. The provisions of the ers, &c. are to take the necessary measures herein present decree shall be abrogated and null; in fact as to them shall respectively appertain.

W. FAWKENER,

Government, on the 11th of November last, by which vessels belonging to neutral, friendly, or even powers the allies of England, are made liable not only to be searched by English cruisers, but to be compulsorily detained in England, and to have a tax laid on them of so much per cent. on the cergo, to be regulated by the British legislature:

as soon as the English abide again by the principles of the law of nations, which are also the principles of justice and of honour.

"All our ministers are charged with the execution of the present decree, which shall be inserted in the bulletin of the laws.