The Influence of Sea Power upon the French Revolution and Empire 1793-1812, Vol II

On the outbreak of the second war Napoleon reverted at once to the commercial policy of the Convention and the Directory. On the 20th of June, 1803, a decree was issued by him directing the confiscation of any produce of the British colonies, and of any manufactures of Great Britain, introduced into France. Neutral vessels arriving were required to present a certificate from the French consul at the port of embarkation, certifying that the cargo was in no part of British origin. The same measure was forcibly carried out in Holland, though nominally an independent state; 358 and the occupation of Hanover, while dictated also by the general principle of injuring Great Britain as much as possible, had mainly in view the closure of the Elbe and the Weser to British commerce. Beyond this, however, Bonaparte being then engrossed with the purpose of a direct attack by armed force upon the British islands, the indirect hostilities upon their commercial prosperity were, for the moment, neglected.

At the same period Great Britain began to feel that neutral rivalry was being carried too far for her own welfare, and determined to tighten the reins previously slackened. She obtained from Sweden in July, 1803, a special concession, allowing her to arrest Swedish vessels laden with naval stores for France, and to purchase the cargoes at a fair price,—a stipulation identical with that about provisions in Jay's treaty; and when the French occupation of Hanover excluded her ships from the Elbe and Weser, she by a blockade of the rivers shut out neutrals also. But it was in the West Indies, so long a fruitful source of wealth, that the pressure of neutral competition was most heavily felt. The utter ruin of San Domingo, and the embarrassments of the other islands hostile to Great Britain, had in the former war combined with the dangers of the seas to raise the price of colonial produce on the Continent, 359 and, consequently, to give a great development to the British growth of sugar and coffee, the transport of which was confined by law to British vessels. The planters, the shipping business, and the British merchants dealing with the West Indies, together with the various commercial interests and industries connected with them, all participated in the benefits of this traffic, which supplied over one fourth of the imports of the kingdom, and took off besides a large amount of manufactures. As production increased, however, and prices lowered, the West India business began to feel keenly the competition by the produce of the hostile islands, exported by American merchants.

Of the extent of this commerce, and of its dependence upon the interruption, by Great Britain, of the ordinary channels for French and Dutch trade, a few figures will give an idea. In 1792, before the war, the United States exported to Europe 1,122,000 pounds of sugar, and 2,136,742 of coffee; in 1796, 35,000,000 of sugar and 62,000,000 of coffee; in 1800, 82,000,000 of sugar and 47,000,000 coffee. In 1803, during the short peace, the exports fell to 20,000,000 of sugar and 10,000,000 coffee; in 1804, a year of war, they again rose to 74,000,000 sugar, and 48,000,000 coffee. The precise destination cannot be given; but the trade between France and her West India Islands, carried on by American ships, amounted in 1805 to over $20,000,000, of which only $6,000,000 were United States produce. In like manner the trade with Holland was over $17,000,000, of which $2,000,000 were of American origin.

Upon the return of Mr. Pitt to power, in 1804, the attempt was made to strengthen the fabric of British commercial prosperity in the Caribbean, by an extension of the system of free ports in the different colonies; by means of which, and of their large merchant shipping, the British collected in their own hands, by both authorized and contraband traffic, so much of the carrying trade of this region, extending their operations to the mainland as well as throughout the islands. More, however, was needed to restrain the operations of the Americans, who, by reducing the price of coffee on the Continent, diminished the re-exportation from Great Britain, thus affecting the revenue of the kingdom and the profits of the planters; and who also, by acting as carriers, interfered with the accumulations at the free ports and the consequent employment of British ships. All the classes interested joined in urging the government to find some relief; and the clamor was increased by a sense of indignation at the tricks by which belligerent rights were believed to be evaded by the Americans. The Rule of 1756 did not allow the latter to carry their cargoes direct to Europe; but, as the trade winds compelled vessels to run to the northward until they reached the westerly winds prevailing in the higher latitudes, no great delay was involved in making an American port, or even in trans-shipping the cargo to a vessel bound for Europe. 360 Great Britain admitted that articles of hostile origin, but become neutral property, could be carried freely to the neutral country; and, when so imported, became part of the neutral stock and could then be freely re-exported to a hostile state.

The question of a bonâ fide importation, like all others involving a question of intention, could be determined only by the character of the transactions attending it; but it was held generally that actual landing and storage, with payment of the duties, was sufficient proof, unless rebutted by other circumstances. Early in the war following the peace of Amiens, the British courts awoke to the fact that the duties paid on goods so imported were simply secured by a bond, and that on re-exportation a drawback was given, so that a very small percentage of the nominal duties was actually paid. 361 Upon this ground a ship was condemned in May, 1805, and great numbers of American vessels carrying colonial produce to Europe were seized and brought into port, as well as others proceeding from the United States to the West Indies, with cargoes originating in the mother countries; and when, in the opinion of the court, the duties had been only nominally paid, they were condemned. It is hard to see the soundness of an objection to these decisions, based on the validity of the payments; but the action of the British government is open to severe censure in that no warning was given of its purpose no longer to accept, as proof of importation, the payment of duties by bond, on which drawback was given. Whether it had known the law of the United States or not, that law had been open to it, and ignorance of its provisions was due not to any want of publicity, but to the carelessness of British authorities. Under the circumstances, the first seizures were little short of robbery.

The reclamations of the United States met with little attention during Pitt's brief second administration; but after his death, in January, 1806, and the accession to office of Grenville and Fox, a more conciliatory attitude was shown,—especially by the latter, who became Minister of Foreign Affairs. Favorably inclined to the Americans since his opposition to the policy of the Revolutionary War, he seemed desirous of conceding their wishes; but the pressure from without, joined to opposition within the ministry, prevented a frank reversal of the course pursued. Instead of the Rule of 1756, Fox obtained an Order in Council, dated May 16, 1806, placing the coast of the Continent, from Brest to the Elbe, in a state of blockade. The blockade, however, was only to be enforced strictly between the mouth of the Seine and Ostend. Into ports between those two points no neutral would be admitted on any pretext, and, if attempting to enter, would be condemned; but on either side, neutral ships could go in and out freely, provided they "had not been laden at any port belonging to his Majesty's enemies, or, if departing, were not destined to any port belonging to his Majesty's enemies." The wording of the order was evidently framed to avoid all question as to the origin of cargoes, upon which the Rule of 1756 hinged. Not the origin of the cargo, but the port of lading, determined the admission of the neutral ship to the harbors partially blockaded; and if to them, then, a fortiori, to all open ports of the enemy. On the other hand, the strict blockade already established of the Elbe and Weser was by this order partially relieved, in the expectation that neutrals would carry British manufactures to those northern markets. In short, the Order was a compromise, granting something both to the mercantile interest and to the Americans, though not conceding the full demands of either. It is at best doubtful whether the British were able to establish an effective blockade over the extent of coast from Brest to the Elbe, but the United States and Napoleon had no doubts whatever about it; and it thus fell, by a singular irony of fate, to the most liberal of the British statesmen, the friend of the Americans and of Napoleon, as almost the last act of his life, to fire the train which led to the Berlin and Milan decrees, to the Orders in Council of 1807, and to the war with the United States six years later.

Fox died on the 13th of September, 1806, and was succeeded as Minister of Foreign Affairs by Lord Howick. On the 25th of the same month the partial restrictions still imposed on the Elbe and the Weser were removed; so that neutral ships, even though from the ports of an enemy of Great Britain, were able to enter. In the mean time, war had broken out between France and Prussia; the battle of Jena was fought October 14, and on the 26th Napoleon entered Berlin. The battle of Trafalgar, a twelvemonth before, had shattered all his confidence in the French navy and destroyed his hopes of directly invading Great Britain. On the other hand the short campaign of 1805 had overthrown the Austrian power, and that of 1806 had just laid Prussia at his feet. The dream of reducing Great Britain by the destruction of her commercial prosperity, long floating in his mind, now became tangible, and was formulated into the phrase that he "would conquer the sea by the land." Two of the great military monarchies were already prostrate. Spain, Holland, Italy, and the smaller German states were vassals, more or less unwilling, but completely under his control; there seemed no reason to doubt that he could impose his will on the Continent and force it to close every port to British trade. On the 21st of November, 1806, the emperor issued the famous Berlin Decree; and then, having taken the first in the series of fated steps which led to his ruin, he turned to the eastward and plunged with his army into the rigors of a Polish winter to fulfil his destiny.

CHAPTER XVIII

The Warfare against Commerce, 1806-1812

The Berlin and Milan Decrees of Napoleon, 1806 and 1807.—The British Orders in Council, 1807-1809.—Analysis of the Policy of these Measures of the two Belligerents.—Outline of Contemporary Leading Events.

NAPOLEON'S Berlin decree alleged many reasons and contained many provisions; but the essential underlying idea was to crush the commerce of Great Britain by closing the Continent to her products of every kind. 362 The pretext was found in the Order in Council of May 16, 1806, issued by the ministry of Grenville and Fox, putting the coast of the Continent from Brest to the Elbe under blockade. Napoleon asserted that the right to blockade applied only to fortified, not to commercial, ports, which was not true; and further, that the united forces of Great Britain were unable to maintain so extensive an operation, which, if not certainly true, was at least plausible. Retaliating an abuse, if it were one, with a yet greater excess, the Berlin decree began by declaring the British islands blockaded, at a time when the emperor could not keep a ship at sea, except as a fugitive from the omnipresent fleets of his enemy. From this condition of phantom blockade it resulted that all commerce with the British Islands was forbidden; and consequently all merchandise exported from them, having been unlawfully carried, became good prize. Vessels from Great Britain could not be admitted into French ports. Further, as the British refused to surrender the old rule, by which the goods of individual enemies at sea were liable to capture, Napoleon decreed that not only the property of individual Englishmen on the Continent was to be seized, but also that of individual neutrals, if of British origin. The preamble ended with a clause defining the duration of the edict, by which the emperor burned his ships, laying down conditions which Great Britain would never accept until at her last gasp. "The present decree shall be considered as a fundamental principle of the Empire, until England has acknowledged that the law of war is one and the same on the land as on the sea; that it cannot be extended to private property of whatever kind, nor to the person of individuals not in the profession of arms, and that the right of blockade must be restricted to fortified places, actually invested by sufficient forces."

Having launched his missile, Napoleon became at once engaged in the campaign against Russia. The bloody and doubtful battle of Eylau was fought on the 8th of February, 1807, and for the next few months the emperor was too busily engaged, holding on by his teeth on the banks of the Vistula, to superintend the working of his decree. 363 Immediately upon its promulgation in Paris, the American minister demanded an explanation on several points from the Minister of Marine, who replied that he did not understand it to make any alterations in the laws respecting maritime captures, and that an American vessel could not be taken at sea merely on the ground that she was bound to, or coming from, a British port; this he inferred from the fact that such vessels were, by the seventh article, denied admission to French ports. 364 The inference, natural though it was, only showed how elastic and slippery the terms of Napoleon's orders could be. The whole edict, in fact, remained a dead letter until the struggle with Russia was decided. At first, British merchants desisted from sending to the Continent; but, as advices showed that the decree was inoperative, shipments by neutral vessels became as brisk as at any time before, and so continued until August or September, 1807. 365 The battle of Friedland, resulting in the total defeat of the Russian army, was fought on the 14th of June; on the 22d an armistice was signed; and on the 25th Alexander and Napoleon had their first interview upon the raft in the Niemen. On the 8th of July was concluded the remarkable and, to Europe, threatening Treaty of Tilsit. The czar recognized all the new states created by the emperor, and ceded to him the maritime positions of the Ionian Islands, and the mouths of the Cattaro in the Adriatic; in return for which Napoleon acquiesced in Russia's taking Finland from Sweden, and also, under certain conditions, the European provinces of the Turkish Empire as far as the Balkans. A further clause, buried in the most profound secrecy, bound Russia and France to make common cause in all circumstances; to unite their forces by land and sea in any war they should have to maintain; to take arms against Great Britain, if she would not subscribe to this treaty; and to summon, jointly, Sweden, Denmark, Portugal, and Austria to concur in the projects of Russia and France,—that is to say, to shut their ports to England and to declare war against her. 366

At the time the Berlin decree was issued, negotiations were proceeding in London, between the United States envoys and the British ministry, concerning the several matters in dispute between the two countries; and on the 31st of December, 1806, a commercial treaty was signed by the respective commissioners. The vexed question of the trade between the hostile countries and their colonies was arranged, by a stipulation that goods imported from the colonies to the United States might be re-exported, provided, after deducting the drawback, they had paid full two per cent duties, ad valorem, to the Treasury; and that articles coming from the mother countries might likewise be re-shipped to the colonies, provided they remained subject to one per cent duty, after recovering the drawback. These, as well as other features of the treaty, were not acceptable to the United States, and it was not ratified by that government.

Meantime the British ministry had been considering the terms of the Berlin decree, and, instead of waiting to see how far it would become operative, determined to retort by a measure of retaliation. On the 7th of January, 1807, an Order in Council was issued by the Whig ministers, which often returned to plague them in the succeeding years, when they, in opposition, were severely criticising the better known measures of the following November. The January Order, after quoting Napoleon's decree, avowed his Majesty's unwillingness to carry to extremes his undoubted right of retaliation; and therefore, for the present, went no further than to forbid all trade by neutral vessels "from one port to another, both of which ports shall belong to, or be in possession of, France or her allies, or shall be so far under their control as that British vessels may not freely trade thereat." 367 The direct object of this step was to stop the coastwise trade in Europe; its principle was the right of retaliation; in its effect, it was an extension of the prohibition laid by the Rule of 1756. The latter forbade the direct trade between hostile colonies and the mother countries; the order of January, 1807, extended the restriction to trade between any two hostile ports. It bore particularly hard upon American ships, which were in the habit of going from place to place in Europe, either seeking the best markets or gathering a cargo. Under it, "American trade in the Mediterranean was swept away by seizures and condemnations, and that in other seas threatened with the same fate." 368

Matters were in this state when Napoleon returned to Paris at the end of July, full of his projects against Great Britain, and against neutrals as the abettors of her prosperity. His aims were not limited to crushing her by commercial oppression; in the not distant future he intended to seize the navies of Europe and combine them in a direct assault upon her maritime power. On the 19th of July, while he was still at Dresden, Portugal was notified that she must choose between war with France or with Great Britain; and on the 31st, from Paris, a similar intimation was given to Denmark. 369 To constrain the latter, a corps under Bernadotte was collecting on her frontiers; while another, under Junot, was assembling in the south of France to invade Portugal. But in both countries Napoleon was anticipated by Great Britain. The ministry had received certain information 370 of the secret articles agreed to at Tilsit, and foresaw the danger of allowing the two navies of Denmark and Portugal to fall into the hands of the emperor. Early in August twenty-five sail-of-the-line entered the Baltic, convoying transports with twenty-seven thousand troops; the island on which Copenhagen stands was invested by the ships, and the town itself by the army. The Danish government was then summoned to surrender its fleet into the safe keeping of Great Britain, a pledge being offered that it, and all other maritime equipment delivered, should be held only as a deposit and restored at a general peace. The offer being refused, the city was bombarded from the 2d to the 5th of September, at the expiration of which time the terms demanded were yielded, the British took possession of eighteen sail-of-the-line besides a number of frigates, stripped the dockyards of their stores, and returned to England. The transaction has been visited with the most severe, yet uncalled-for, condemnation. The British ministry knew the intention of Napoleon to invade Denmark, to force her into war, and that the fleet would soon pass into his hands, if not snatched away. They avoided the mistake made by Pitt, in seizing the Spanish frigates in 1804; for the force sent to Copenhagen was sufficient to make opposition hopeless and to justify submission. To have receded before the obstinacy of the Danish government would have been utter weakness.

In Portugal Great Britain had to deal with a friendly nation, instead of the hostile prepossessions of Denmark. The French corps of invasion, under Junot, entered Spain on its way to Portugal on the 17th of October. Under the urgent and unsparing orders of Napoleon it made a march of extreme suffering with great rapidity, losing most of its numbers by the way from privation, exposure, or straggling; but when the handful that kept together entered Lisbon on the 30th of November, it found the Portuguese fleet gone, and that the court and its treasure had departed with it. The British government had for some time past expected such an attempt by Napoleon, and at the critical moment a squadron on the spot determined the vacillating regent to withdraw to Brazil.

Though foiled in his endeavors to seize the fleets, Napoleon had succeeded in formally closing the ports of the two countries to the introduction of British goods; while the bombardment at Copenhagen had served as a colorable pretext for the declaration of hostility against Great Britain made by Russia on the 20th of October. The mediation proposed by the czar had already been refused by the British ministry, unless the articles of the Treaty of Tilsit were first communicated to it; 371 but those articles were not of a character to bear such an exposure. Prussia, under the compulsion of the two empires, closed her ports against Great Britain by a proclamation dated September 2d; no navigation nor trade with England or her colonies was to be permitted, either in British or in neutral vessels. 372 Austria also acceded to the Continental System, and excluded British goods from her borders. 373 In Italy, the new kingdom of Etruria showed little zeal in enforcing Napoleon's commands to co-operate in his measures; the British carried on commerce at Leghorn, as freely as at any port in their own country. By the emperor's orders the viceroy of Italy therefore took possession of the city; and at the same time French detachments entered also the Papal States, occupied their coasts, and drove the British from them. Joseph Bonaparte being already king of Naples, the control of Napoleon and the exclusion of his enemies were thus extended over both coasts of Italy. Turkey being at this time involved in hostilities with Great Britain, the emperor was able to assert that "England sees her merchandise repelled by all Europe; and her ships, loaded with useless wealth, seek in vain, from the Sound to the Hellespont, a port open to receive them." 374 Decrees applying extreme rigor to the examination of vessels entering the Elbe and the Weser were issued on the 6th of August and 13th of November. 375 Napoleon had a special grudge against the two Hanseatic cities, Bremen and Hamburg, which had long mocked his efforts to prevent the introduction of British merchandise to the Continent; for which the commercial aptitudes of their merchants, their extensive intelligence abroad, and their noble rivers, afforded peculiar facilities. Despite all these efforts and the external appearances of universal submission, there still occurred wide-spread evasions of the emperor's orders, to which allusion must be made later. It is necessary, before doing so, to give the contemporary measures of other nations, in order that the whole situation, at once of public regulation and private disobedience, together with the final results, may come distinctly before the reader.

Great as was the power of Napoleon, it ceased, like that of certain wizards, when it reached the water. Enemies and neutrals alike bowed to his invincible armies and his superb genius when he could reach them by land; but beyond the water there was one enemy, Great Britain, and one neutral, America, whom he could not directly touch. The spirit of his course toward England and his initiatory steps have been given; it remained now to define his action toward the United States. Weak as the latter was, feeble to humiliation as had been the course of its government hitherto, and although the prepossessions of the party in power were undoubtedly strongly against Great Britain, the question was one of immense importance; but the emperor, who respected nothing but force, failed so to realize it. He stood just where the Directory stood at the end of 1797, every enemy but Great Britain overthrown, but seeing her defiant still and prosperous. Napoleon, however, had, what the Directory had not, experimental evidence of the results of such restrictions upon neutrals as were imposed by the law of January 18, 1798. It was possible to ascribe the disastrous effects to France of that measure, and its total failure to achieve the object intended, to one of two totally distinct causes. Either the law had been inadequately enforced, owing to the feeble executive efforts of the Directors and the comparatively limited extent of their influence, or else it was in its nature and essence so contrary to the true interest and policy of France that the very limitations imposed by defective power had saved her, and the ability to carry it further would have ended in utter ruin. Pursued somewhat further, the question became: Will it be possible, not for France only but for all Europe,—for the concurrence of all Europe is necessary to the effectual working of the scheme,—to dispense with the neutral carrier (whom it is the tendency of the Berlin decree to repel) for a length of time sufficient to ruin Great Britain? Can Europe forego external commerce for a longer time than Great Britain can spare the European market? Can the intercourse between the continental nations be so facilitated, the accustomed routes of import and export so modified, such changes introduced into the habits of manufacture and consumption, as will render bearable the demands made upon the patience of nations? If, as the Order in Council of January seems to indicate, Great Britain resent the attempt to keep neutrals from her ports, by retaliatory measures impeding their traffic with the Continent, upon whom will these combined French and English restrictions fall most heavily?—upon the state having a large body of merchant ships, to which neutrals are the natural rivals; or upon the nations whose shipping is small, and to whom therefore neutrals are useful, if not necessary, auxiliaries?