"Napoleon, Emperor of the French, &c.
"On the report of our Minister of Foreign Relations:
"Seeing, by a law passed 2d March, 1811, the Congress has ordered the execution of the provisions of the act of non-intercourse, which prohibits the vessels and merchandise of Great Britain, her colonies and dependencies, from entering the ports of the United States.
"Considering that the said law is an act of resistance to the arbitrary pretensions consecrated by; the British Orders in Council, and a formal refusal to adhere to a system invading the independence of neutral powers and of their flag; we have ordered, and do decree, as follows:
"The decrees of Berlin and Milan are definitively, and to date, from 1st November last, considered as not existing in regard to American vessels."
Now, sir, did this decree exist at the time of its date? No, sir, the date is false. If the decree existed in April, 1811, why was it not communicated to this nation, the only one interested in the subject? Why was it not communicated to Mr. Russell, who so strongly urged upon the French Government the necessity of furnishing some evidence of the repeal of the decrees. For the purpose of communicating some satisfactory information on that subject to this country, he detained the John Adams in France, in July, 1811. You will remember Napoleon's decree is dated in April. Permit me here to read a passage of Mr. Russell's letter to Mr. Monroe, dated the 15th of July, 1811.
"On the 14th of June, Mr. Hamilton, of the John Adams, reached Paris, and informed me that this vessel had arrived at Cherbourg. Unwilling to close my despatches by her, without being able to communicate something of a more definite and satisfactory character than any thing which had hitherto transpired, I immediately called at the Office of Foreign Relations, but, the Minister being at St. Cloud, I was obliged to postpone the interview which I sought until the Tuesday following. At this interview, I stated to him the arrival of the frigate, and my solicitude to transmit by her to the United States some act of this Government, justifying the expectation with which the important law which she had brought hither had, undoubtedly, been passed."
After Mr. Russell had left Paris, he wrote from England to Mr. Barlow, who succeeded him, "for additional proofs of the removal of the decrees." Mr. Barlow seems to be very anxious "to get the treaty through, carrying an unequivocal stipulation, that shall lay that question to rest."
But it was all in vain; no authentic evidence of the repeal was furnished. This decree did not exist; and why was it not issued? Why was the evidence of the repeal of the decrees withheld? The answer is obvious. The United States were not yet committed to go to war with Great Britain. Napoleon knew very well that when proper evidence of the repeal of his decrees was furnished, the English Orders in Council would be repealed, and the United States would not go to war with Great Britain. For, sir, he knew very well, and we know very well, that for the subject of impressments alone, this country would not go to war. It cannot be denied, that for this cause we should not have declared war. This Government has never been disposed to go to war on that ground alone. The present President of the United States made an arrangement with Mr. Erskine, which gladdened the heart of every man in the nation, without any provision on that subject, without any mention of it; and there was not a murmur in the country, on account of its omission. Mr. Pinkney, too, as stated by the gentleman from Georgia, (Mr. Troup,) yesterday, again and again, offered to accommodate with England, on the rescinding of the Orders in council, without any reference to impressments.
Sir, this decree itself is an insult to this Government. It is issued expressly, because we had taken our stand against England; it is declared to be issued in consequence of our act of March, 1811, when, in fact, the President's proclamation and the act of March were founded on the repeal of the decrees. To show the correctness of my remarks on this part of the subject; to show that Napoleon has triumphed over our honor and character, I beg leave to call the attention of the committee to Mr. Russell's letter to Mr. Monroe, dated the 9th of June, 1811. His language does credit to his understanding and feelings: