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 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 shall have 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.

And the right honorable 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 Courts of Vice Admiralty, are to take the necessary measures herein as to them shall respectively appertain.

W. FAWKENER.

89. THE MILAN DECREE

Issued by Napoleon as a retaliation for the Order in Council of November 11.

Translated from Correspondance de Napoleon I, Vol. 16, pp. 192-193. Paris, 1864.

THE MILAN DECREE

Royal Palace of Milan, December 17, 1807. NAPOLEON, Emperor of the French, King of Italy, Protector of the Confederation of the Rhine;

In view of the regulations established by the British government, on date of the 11th of November last, which subject the ships of neutral powers, of friends and even allies of England not only to visit by English cruisers but also to a forced stop in England, and to an arbitrary imposition of such percent of their cargo as may be established by English legislation;

Considering that by these acts the English government has denationalized the ships of all the European nations; that it is not in the power of any government to compromise on its independence and its rights, all the sovereigns of Europe being united in behalf of their sovereignty

and the freedom of their flags; that if, by an inexcusable weakness, an indelible stain in the eyes of posterity, such a tyranny were allowed to stand in principle and to be consecrated by use, the English would take advantage of it to establish in law, as they have profited by the supineness of governments to establish the infamous principle that the flag does not cover the cargo and to give to their right of blockade an arbitrary enlargement that threatens the sovereignty of all nations; We have decreed and do decree as follows:

ARTICLE 1.- Every ship, of whatever nationality, which shall have yielded to the visit of an English ship or shall have submitted to a voyage to England, or shall have paid any impost to the English government, is, by that very act, declared to be denationalized, has lost the protection of its flag and has become English property.

ART. 2. Whether the aforesaid ships, thus denationalized by the arbitrary measures of the English government, enter our ports or those of our allies, or whether they are taken by our warships or privateers, they are declared to be good and lawful prizes.

ART. 3.

-The British Isles are declared to be in a state of blockade both by sea and by land.

Every ship, whatever its nationality, whatever its cargo, despatched from the ports of England, or of the English colonies or from territory occupied by English armies, or going to England or to English colonies or to territory occupied by English armies, is good prize, inasmuch as it violates the present decree; it shall be seized by our warships or privateers, and adjudged to its captor.

ART. 4.— These measures, which are merely a just retaliation for the barbarous system adopted by the English government, which models its legislation on that of Algiers, shall not apply to any nations. which may succeed in compelling the English to respect their flags. They shall continue in force until that government returns to the principles of international law which regulate the relations of civilized. states engaged in war. The dictates of this present decree shall be abro、 gated at the moment when the English government shall return to the principles of international law which are also those of justice and honor. ART. 5.- All the ministers are charged with the execution of this present decree, which shall be printed in the Bulletin of laws.

90. THE EMBARGO ACT

British and French aggression on American trade and the delay of the British government in atoning for the Chesapeake outrage, led Jefferson, on December 18, 1807, to propose to Congress an embargo. In

four days the Embargo Act passed both houses of Congress and was approved by the President.

Public Statutes at Large of the United States, Vol. 2, pp. 451–453.

CHAP. V. - An Act laying an Embargo on all ships and vessels in the ports and harbors of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an embargo be, and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels under the immediate direction of the President of the United States: and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect: Provided, that nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with the goods, wares and merchandise on board of such foreign ship or vessel, when notified of this act.

SEC. 2. And be it further enacted, That during the continuance of this act, no registered, or sea letter vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel shall first give bond, with one or more sureties to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or merchandise shall be relanded in some port of the United States, dangers of the seas excepted, which bond, and also a certificate from the collector where the same may be relanded, shall by the collector respectively be transmitted to the Secretary of the Treasury. All armed vessels possessing public commissions from any foreign power, are not to be considered as liable to the embargo laid by this act.

APPROVED, December 22, 1807.

91. ACT PROHIBITING THE AFRICAN SLAVE TRADE

The Constitution of the United States, Article 1, Section 9, forbad the prohibition of the African slave trade before 1808. The following act took advantage of the first opportunity to declare the slave trade

unlawful. Down to the Civil War, the difficulties in the way of its enforcement were very great.

Public Statutes at Large of the United States, Vol. 2, pp. 426–427. CHAP. XXII. —An Act to prohibit the importation of Slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of January, one thousand eight hundred and eight, it shall not be lawful to import or bring into the United States or the territories thereof from any foreign kingdom, place, or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of such negro, mulatto, or person of colour, as a slave, or to be held to service or labour.

SEC. 2. And be it futher enacted, That no citizen... of the United States, or any other person, shall... after the first day of January, in the year of our Lord one thousand eight hundred and eight,.. equip ... any ship or vessel, in any ... place within the jurisdiction of the United States... for the purpose of procuring any negro... from any... country, to be transported... within the jurisdiction of the United States, to be held... as slaves...

SEC. 3. And be it further enacted, That... every person so... equipping... any ship or vessel, knowing or intending that the same shall be employed in such trade or business... contrary to the true intent and meaning of this act... shall...pay twenty thousand dollars, one moiety thereof to the use of the United States, and the other moiety to the use of any person or persons who shall sue for and prosecute the same to effect.

SEC. 4. And be it further enacted, If any citizen... of the United States, or any person resident within the jurisdiction of the same, shall, from and after the first day of January, one thousand eight hundred and eight... transport from any of the coasts or kingdoms of Africa, or from any other foreign... country, any negro... for the purpose of selling them... within the jurisdiction of the United States as slaves... such citizen... shall... forfeit... five thousand dollars, one moiety thereof to the use of any person or persons who shall sue for and prosecute the same to effect; and every such ship or vessel in which such negro... shall have been... transported as aforesaid... shall be forfeited to the United States... And neither the importer, nor any person or persons claiming from or under him, shall hold any right

or title whatsoever to any negro... who may be imported... within the United States... in violation of this law, but the same shall remain subject to any regulations not contravening the provisions of this act, which the legislatures of the several states or territories at any time hereafter may make, for disposing of any such negro, mulatto, or person of colour.

SEC. 5. And be it further enacted, That if any citizen... of the United States, or any other person resident within the jurisdiction of the same, shall... contrary to the true intent and meaning of this act, take on board any ship... from any of the coasts or kingdoms of Africa, or from any other foreign... country, any negro... with intent to sell him... for a slave... and shall transport the same... within the jurisdiction of the United States, and there sell such negro ... for a slave... every such offender shall be deemed guilty of a high misdemeanor, and being thereof convicted before any court having competent jurisdiction, shall suffer imprisonment for not more than ten years nor less than five years, and be fined not exceeding ten thousand dollars, nor less than one thousand dollars...

92. THE NON-INTERCOURSE ACT

The Non-Intercourse Act passed March 1, 1809, replaced the embargo. Public Statutes at Large of the United States, Vol. 2, pp. 528–533.

CHAP. XXIV. - An Act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, the entrance of the harbors and waters of the United States and of the territories thereof, be, and the same is hereby interdicted to all public ships and vessels belonging to Great Britain or France, excepting vessels only which may be forced in by distress, or which are charged with despatches or business from the government to which they belong, and also packets having no cargo or merchandise on board. And if any public ship or vessel as aforesaid, not being included in the exception above mentioned, shall enter any harbor or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land and naval forces, or of the militia of the