These stringent measures were the forerunners of Napoleon’s famous decrees.[264] The redoubtable Berlin decree issued at that city on the 10th of November, 1806, was meant, we must presume, to be only applicable to the countries actually occupied by his armies, including France, Holland, Spain, Italy, and the whole of Germany, although it declared the British Islands to be in a state of blockade.
Its terms.
This extraordinary document set forth that England did not admit the right of nations as universally acknowledged by all civilised peoples; that she declared as an enemy every individual belonging to an enemy’s state, and in consequence made prisoners of war, not only of the crews of armed but also of merchant vessels, and of even their supercargoes; that she applied to merchant vessels and to articles of commerce, the property of private individuals, the right of capture; that she declared ports unfortified, and harbours and mouths of rivers to which she had not sent a single vessel of war, to be blockaded, although a place ought not to be considered blockaded excepting when it is so closely invested that no approach can be made to it without imminent hazard, and that she even declared places blockaded which her united forces would be incapable of blockading, such as entire coasts and a whole empire. It further stated that this unequalled abuse of the right of blockade had no other object than to interrupt the communication of different nations, and to extend the commerce and industry of England upon the ruin of those of the continent; that, this being evidently the design of England, “whoever deals on the continent in English merchandise favours that design and becomes an accomplice; that this conduct of England (worthy of the first ages of barbarism) has benefited her to the detriment of other nations; that it being right to oppose to an enemy the same arms she makes use of, when all ideas of justice, and every liberal sentiment (the result of civilisation among men) are disregarded, we have resolved to enforce against England the usages which she has adopted in her maritime code.”[265] Of course every reader of history knows that many of these charges have no foundation in fact. Nevertheless, Napoleon, then in the plenitude of his power, decreed:—
and the stringency of its articles.
1. That the British Islands are in a state of blockade.
2. That all commerce and correspondence with them is prohibited, consequently no letters or packets, written in England, or to an Englishman, if written in the English language, shall be despatched from the post-offices, but shall be seized.
3. That every individual, a subject of Great Britain, of whatever rank or condition, who is found in countries occupied by French troops, or those of her allies, shall be made prisoner of war.
4. That every warehouse, and all merchandise or property whatever, belonging to an Englishman, are declared good prize.
5. That 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.
6. That 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.