The History of the War between the United States and Great Britain, which commenced in June, 1812, and closed in Feb. 1815 ... Compiled chiefly from the public documents, with an appendix, containing the correspondence which passed ... in treating for peace. To which is added the Treaty of...

Front matter

THE HISTORY OF THE WAR, BETWEEN THE UNITED STATES AND GREAT-BRITAIN, WHICH COMMENCES IN JUNE, 1812, AND CLOSED IN FEB. 1815 J CONTAINING THE CORRESPONDENCE WHICH PASSED BETWEEN THE TWO GOVERNMENTS, IMMEDIATELY PRE- CEDING, AND SINCE HOSTILITIES COMMENC- ED ; THE DECLARATION OF WAR, AND THE OFFICIAL REPORTS OF LAND AND NAVAL ENGAGEMENTS. COMPILED 6HIEFLV FROM PUBLIC DOCUMENTS. WITH AN APPENDIX, CONTAINING THE CORRESPONDENCE WHICH PASSED BETWEEN OUR COMMISSION- ERS, AND THOSE APPOINTED BY GREAT BRITAIN, IN TREATING FOR PEACE. TO WHICH IS ADDED, THE TREATY OF PEACE, AND A LIST OF VESSELS TAKEN FROM G. BRITAIN DURING THE WAR. COMPILED By J. RUSSELL, Jr. HARTFORD. PRINTED AND PUBLISHED BY B. & J. RUSSELL 1815. District of Connecticut, ss. ?i7£f BE IT REMEMBERED, That on the j»^it tenth day of July, in the Fortieth year of the Independence ofthe United States of America, B. SC J. Russell, of the said District, deposited in this office the title of a Book, the right whereof they claim as Proprietors, in the words following, to wit. ' 1 he History ofthe M ar, between the United States 'and Great Britain, which commenced in June, 1812, 'and closed in Feb 1815, containing the correspondence ' which passed between the two Governments immedi f atefy preceding and since hostilities commenced ; the ' declaration of War, and the official reports of land ' and naval engagements, compiled chiefly from public ' documents.

With an append, x, containing the cor 'respondence which passed between our Commissioners « and those appointed by Grtat Britain, in treating for 'peace. To which is added the Treaty of Peace, and * a list of vessels taken from Great Britain during ' the War. Compiled by J. RUSSELL, Jr: In conformity to the act of the Congress ofthe Uni ted States, entitled, " An act for the encouragement of " learning, by securing the copies of Maps, Charts, and " Boohs, to the authors and proprietors of such copies, "during the times therein mentioned" HEJ\hY W. EDWARDS. Clerk of the District of Connecticut. A true copy of Record, examined and sealed by me, H. W. Edwards, Clerk of the District of Connecticut

Introduction

. AN history of recent transactions, must always be executed under many, and great disadvantages. In a time of war, many important occurrences are but imperfectly known, till the truth is elicited by legal investigation ; and, in addition to this, the feelings of men are so ardent, that an author cannot be expected to be wholly impartial, when recounting those events, in which himself, or his friends, have acted a conspi cuous part. The publishers were, therefore, of opinion, that at the present time, the most useful History of the War, would be a faithful collection of Official State Papers, and accounts of Military operations. Such a work cannot be taxed with partiality ; and, it is presumed, will be perused with interest by every American, who values his national rights, and whose bosom glows, at the recital of those deeds of valor, which have exalt ed the honor of his country.

If, in some instances, Commanding Officers have seemed to manifest a want of candor, it ought, still to be remembered by the public, that they wrote in the heat of the occasion ; and, often, while agonizing un der wounds received from an exasperated enemy. Modern Histories of Campaigns, are not, to say the least, more candid, and are, surely, less entitled to apology. This collection of Documents can never become a useless volume ; for, besides furnishing the best evidence of fact to the inquisitive reader, and fu ture historian, it is a ready manuel, by which every en quirer after truth, can at once adduce the best evidence on questions which affect the character of the Ameri can nation, relative to her military prowess. Our readers will feel satisfied, after its perusal, that they possess all the Official information, which can be ob^ tamed, relative to the military movements, and bra-

INTRODUCTION.

. very and skill of our countrymen in the field of battle. Perhaps, in some instances, the losses and sufferings of the armies of both nations, have not been fully ascertained ; so wide is the field, that it is somewhat difficult to collect all the facts. On the water, where we have been peculiarly successful, the official accounts more fully and explicitly state the loss, as well as the comparative skill and bravery of the contending parties. In the list of public and private vessels taken from the enemy during the war, we have not given the whole number of men and guns, as it was never officially stated on board of a large proportion of the merchant vessels. In every instance of this kind, where we could not obtain correct information, we have left the number blank. We are sorry to say it is wholly out of our power to accompany the list of prizes with a correct list of the vessels we have lost j, the enemy never having made a public statement of their prizes, we could not collect them from any authentic source. CONTENTS,

Chapter I

Page President's Message, 9 Messrs. Monroe and Foster's Official Letters, relating (o the Orders in Council, Blockades, and Impressment of Seamen, 16, 25, 26, 27, 30, 43, 52, 53, 60 Adjustment of the affair of the Chesapeake Frigate, 6S Monroe and Foster's Letters relating to the Chesapeake affair, 67,68,69, 70 " " relating to the Berlin and Milan Decrees, 71,82

Chapter II

President's Message, 75 Monroe and Foster's Letters relating to the Non-importation Act, 76, 80

Chapter III

The President's Manifesto, 85 Report of the committee on Foreign Relations, 94 Declaration of War, 109 Yeas, and Nays, on the Declaration of War, in the Senate, and House of Representatives, ibid. Promulgation of the Declaration of War, 111

Chapter IV

The first Prisoner, 112 The first Prize, 113 Monroe and Poster's Letters, relating to the Orders in Council, and Berlin and Milan Decrees, 113, 117, 119 President's Message, 122 Mr. Russell and Lord Castlereagh's Letters relating to the Orders in Council, 122, 123 Order in Council, 131 Loss of Gen. Hull's baggage, 133 Hull's Proclamation, to the Canadians, ibid. Skirmishing, near Sandwich, VI CONTENTS. Canadian Militia join Gen. Hull, I36 Capt Hull's, Victory, ibid. Orders in Council Revoked, '38 Gen Hull's Statement ofhis Surrender, 14' Vanhorn's Defeat, J*9 Battle at the river Raisin, I60 Articles of capitulation of Hull's army, and Michigan Territory, 153 Colonels Cass, M'Arthur, Pindley and Miller remonstrate against Gen. Hull's conduct, Is* Gen Brock's Proclamation, to the Inhabitants of Michigan Territory, 161 A card from Col. Sy mmes to Gen. Brock, 1 62 Capt. Porter's Victory, ibid.

" " Letter, 163 Defence of Fort Harrison, 164, Majors Jessup and Taylors' corroboration of Col. Cass' statement, 1 68 Skirmishing at St. John's river, ibid " " at Cananoque and Ogdensburg, 1 69 Affair at St. Regis, 170 Capt. Elliot's victory, 171 Evacuation of Fort Chicago, 174 Com Chauncey's battle in Kingston harbor, 177 Battle of Queenston, 179

Chapter VIII

Harrison's Battle at Lower Sandusky, 233, 23S Capture of Fort George, 237, 238 Capture of Fort Erie, ibid. Com Chauncey's Letter to the Secretary of the Navy conveying the British Standard, taken at York, 241 Battle at forty mile creek, ibid Attack on Sackett's Harbor, 242 Naval Expedition from Sackett's Harbor, 244 Major Croghan's Vietory, 245 Loss of the Frigate Chesapeake, ibid Capture of Little York, the second time, 248 Burning of Sodus, 249 Attack on Crane y Island, ibid. Capture of Hampton, 250, 251 Murder of John B. Graves, 252 Skirmishing at Fort George, ibid. Destruction of Indian towns, 253 A Yankee Trick, ibid. Capt. Burrows' Victory, 254

Chapter IX

Perry's Victory, 255, 256, 257 Capture of the Dominico, 259 Capture of Maiden, ibid. Gen Harrison's Victory, 260 Fruits of Harrison's Victory, 267 Tecumseb's Speech to Gen. Proctor, ibid. Com. Chauncey's Victory, 269 Something Singular 270 Com. Rogers' cruise, ibid. Col. Clarke's Expedition, 271 Massacre at Fort Tensaw, 272 Harrison and Perry's Proclamation, 57% Wilkinson and Hampton's Expedition, 27£

Chapter X

Gens. Jackson, White, and Coffee's Victories, over the Creek Indians,. 276, 277, 278, 280, 284, 288 Gen. Floyd's Victory, 281, 283 Gen. Claiborne's Victory 282

Chapter XI

, Capt. Porter's cruise, « 290 Loss of Fort Niagara, 292 Burning of Buffalo, and Black-Rock, CONTENTS. Capt. Holmes' Victory, 295 Battle at Stoney Creek, 296 Capt. Warrineton's Victory, ibid. Loss of the Essex frigate, 296 Capture of Oswego, 302 Gen. Brown's Victories, 304, 306

Chapter XII

Capitulation of Alexandria, 309 Capture of Washington City, 310, 312 Com. Macdonough's Victory, 314, 315 Burning of Pettipauge, 3 17 Attack on Stonington, 318 Gen. Gains' Victory, ibid. Attack on Baltimore, 321 Attack on Fort Bowyer, 324 Gen. Brown's Victory, ibid. Gen Macomb's Victory, 327 Capt Blakeley's Victory, 328 Destruction of the Avon, 329 Expedition from Detroit, 330

Chapter XIII

Capture of Pensacola, 331 Gen Jackson's Victories at New Orleans, 333, 334 Lieut. Shield's Expedition from New-Orleans, 336 Lieut. Johnson's Expedition from New-Orleans, 337 Gen. Jackson's Address to his army, ibid. Capture of the frigate President, 34 1 Capt Boyle's V'«tory, 344 Capt. Mickler's Victory, 345 Gun Boat No. 168, and the Erebus frigate, 346 Capt. Stewart's Victory, 349

Appendix

. Correspondence, which passed between the Commissioners of the two governments, whilst treating for Peace, transmitted to the Secretary of State, 350, .'58, 359, 364, 367. 374, 382, 392, 396, 405, 414, 419, 421, 4"S Treaty of Peace, . .4 Li9t of Vessels taken during the War, ,35 Capt. Biddle's Victory, 46S HISTORY OK THE WAR.

Chapter I. Presidents Message

WASHINGTON CITY, Tcjesda*, November 5, mi. The President of the United States this day communicated by Mr. Edward Coles, his private secretary, the following Message to Congress — Fellow-Citizens ofthe Senate, and of the House of Representatives, IN calling you together sooner than a separatioo from your homes would otherwise have been required, 1 yielded to considerations drawn from the posture of our foreign affairs ; and in fixing the present for the time of your meeting, regard was had to the probabil ity of further developements of the policy of the bel ligerent powers towards this country, which might the more unite the national councils, in the measures to be pursued. At the close of the last session of Congress, it was hoped that the successive confirmations ofthe extinc tion of the French Decrees, so far as they violated our neutral commerce, would have induced the government of Great-Britain to repeal its Orders in Council ; and thereby authorise a removal ofthe ex isting obstructions to her commerce with the United States.

Instead of this reasonable step towards satisfaction and friendship between the two nations, the Orders were at a moment when least to have been expected, o put into more vigorous execution ; and it was com municated through the British Envoy just arrived, that whilst the revocation of the Edicts of France, as officially made known to the British government, was denied to have taken place ; it was an indispen sable condition of the repeal of the British Orders, that commerce should be restored to a footing, that would admit the productions and manufactures of Great-Britain, when owned by neutrals, into markets fehut against them by her enemy; the United States being given to understand that, in the mean time, a continuance of their non-importation act would lead to measures of retaliation.

At a later date, it has indeed appeared, that a communication to the British government, of fresh evidence of the repeal of the French Decrees against our neutral trade, was followed by an intimation, that it had been transmitted to the British Plenipotentiary here ; in order that it might receive full consideration in the depending discussions. This communication appears not to have been received ; but the transmis sion of it hither, instead of founding on it an actual repeal of the Orders, or assurances that the repeal would ensue, will not permit us to rely on any effective change in the British cabinet. To be ready to meet with cordiality satisfactory proofs of such a change, and to proceed, in the mean time, in adapt ing our measures to the views which have been dis closed through that minister, will best consult our whole duty.

In the unfriendly spirit of those disclosures, indemnity and redress for other wrongs have continued to be withheld, and our coasts and the mouths of our harbors have again witnessed scenes, not less derogatory to the dearest of our national rights, than vexa tious to the regular course of our trade. Among the occurrences produced by the conduct of British ships of war hovering on our coasts, was an encounter between one of them and the American frigate commanded by Captain Rogers, rendered unavoidable on the part of the latter, by a fire com menced without cause by the former ; whose com mander is therefore, alone chargeable with the blood unfortunately shed in maintaining the honor ofthe American flag. The proceedings of a court of en quiry, requested by Captain Rogers, are communicat ed ; together with the correspondence relating to the occurrence, between the Secretary of State, and his Britannic Majesty's Envoy.

To these are added, the several correspondences which have passed on the subject of the British Orders in Council ; and to both the correspondence relating to the Floridas, in which Congress will be made acquainted with the interposition which the government of Great-Britain has thought proper to make against the proceedings of the United States. The justice, and fairness which have been evinced on the part of the United States towards France, bpth before and since the revocation of her Decrees, authorised an expectation that her government would have followed up that measure by all such others as were due to our reasonable claims as well as dictat ed by its amicable professions. No proof, however, is yet given of an intention to repair the other wrongs done to the United States : and particularly to re store the great amount of American property seized and condemned under Edicts, which, though not affecting our neutral relations, and therefore, not enter ing into questions between the United States and oth er belligerents, were nevertheless founded in such un just principles, that the reparation ought to have been prompt and ample.

In addition to this, and other demands of strict right, on that nation; the United States have much reason to be dissatisfied with the rigorous and unexpected restrictions, to which their trade with the French dominions has been subjected : and which, if not discontinued, will require at least corresponding restrictions on importations from France into the United States. On all those subjects our Minister Plenipotentiary, lately sent to Paris, has carried with him the neces sary instructions ; the result of which will be communicated to you, and by ascertaining the ulterior policy ofthe French government towards the United States, will enable you to adapt to it that ofthe United States towards France. Our other foreign relations remain without unfa vorable changes. With Russia they are on the best footing of friendship.

The ports of Sweden have afforded proofs of friendly dispositions towards our commerce, in the councils of that nation also. And the information from our special Minister to Denmark, shews that the mission had been attended with valuable effects to our citizens, whose property had been so extensively violated and endangered by cruisers under the Danish flag. Under the ominous indications which commanded attention, it became a duty, to exert the means com mitted to the Executive Department, in providing for the general security. The works of defence on our maritime frontier have accordingly been prosecuted, with an activity leaving little to be added for the com pletion of the most important ones ; and as particularly suited for co-operation in emergencies, a portion of the Gun-Boats have, in particular harbours, been order ed into use.

The Ships of war before in commission, with the addition of a Frigate, have been chiefly em ployed, as a cruising guard to the rights of our coast. And such a disposition has been made of our land forces, as was thought to promise the services most appropriate and important. In this disposition is in cluded aforce, consisting of regulars and militia, em bodied in the Indiana Territory, and marched towards our North Western frontier. — This measure was made requisite by several murders and depredations committed by Indians ; but more especially by the menacing preparations and aspect of a combination of them on the Wabash under the influence and direction of a fanatic of the Shawanese tribe. With these exceptions the Indian tribes retain their peaceable dispositions towards us, and their usual pursuits.

I must now add, that the period is arrived which claims from the Legislative Guardians of the National rights a system of more ample provisions for maintaining them. Notwithstanding the scrupulous justice, the protracted moderation, and the multiplied efforts on the part of the United States, to substitute for the accumulating dangers to the peace of the two countries, all the mutual advantages of re-established friendship and confidence ; we have seen that the British Cabinet perseveres not only in withholding a remedy for other wrongs so long and so loudly calling for it ; but in the execution brought home to the thresh hold of our Territory, of measures which under existing circumstances, have the character, as well as the effect of war on our lawful commerce. With this evidence of hostile inflexibility, in tramp ling on rights which no independent nation can re linquish, Congress will feel the duty of putting the United States into an armor, and an attitude de manded by the crisis, and corresponding with the national spirit and expectations.

I recommend accordingly, that adequate provision be made for filling the ranks and prolonging the en listments of the regular troops : for an auxiliary force, to be engaged for a more limited term ; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services ; for detachments, as they may be wanted, of other por tions of the militia ; and for such a preparation of the great body, as will proportion its usefulness to its in trinsic capacities. Nor can the occasion fail to remind you of the importance of those military Seminaries, which, in every event, will form a valuable and frugal part of our military establishment. The manufacture of cannon and small arms has proceeded with due success, and the stock and resources of all the necessary munitions are adequate to emergencies.

It will not be inexpedient, however for Conrgess to authorize an enlargement of them. Your attention will of course be drawn to such provisions, on the subject of our naval force, as may be required for the services to which it may be best adapted. I submit to Congress the seasonableness also, of an authority to augment the stock of such ma terials, as are imperishable in their nature, or. may not at once be attainable. In contemplating the scenes which distinguish this momentous epoch, and estimating their claims to our attention, it is impossible to overlook those developing themselves among the great communities which oc cupy the southern portion of our own hemisphere, and extend into our neighbourhood. An enlarged philan thropy, and an enlightened forecast, concur in impos ing on the National Councils an obligation to take a deep interest in their destinies : to cherish reciprocal sentiments of good will ; to regard the progress of events; and not to be unprepared for whatever order of things may be ultimately established.

Under another aspect of our situation, the early at tention of Congress will be due to the expediency of further guards against evasions and infractions of our commercial laws. The practice of smuggling, which is odious every where, and particularly criminal in free governments, where, the laws being made by all, for the good of all, a fraud is committed on every in dividual as well as on the state, attains its utmost guilt, when it blends, with a pursuit of ignominious gain, a treacherous subserviency in the transgressors, to a foreign policy, adverse to that of their own country. It is then that the virtuous indignation of the public should be enabled to manifest itself, through the regular animadversions of the most competent laws. To secure greater respect to our mercantile flag, and to the honest interest which it covers, it is ex pedient also, that it be made punishable in our Citizens, to accept licences from foreign governments, for a trade unlawfully interdicted by them to other Ameri can citizens ; or to trade under false colours or papers of any sort.

A prohibition is equally called for, against the acceptance, by our citizens of special licences, to be used in a trade with the United States ; and against the admission into particular ports of the United States, of vessels from foreign countries, authorized to trade with particular ports only. Although other subjects will press more immedi ately on your deliberations, a portion of them cannot but be well bestowed, on the just and sound policy of securing to our manufactures the success they have attained, and are still attaining, in some degree, under the impulse of causes not permanent; and to our navi gation, the fair extent of which it is at present abridg ed by the unequal regulations of foreign govern ments. Besides the reasonableness of saving our manufac turers from sacrifices which a change of circumstan ces might bring on them, the national interest requires, that, with respect to such articles at least as belong to our defence, and our primary wants, we should not be left in unnecessary dependence on external supplies- And whilst foreign governments adhere to the existing discriminations in their ports against our navigation, and an equality or lesser discrimination is enjoyed by their navigation in our ports, the effect cannot be mistaken, because it has been seriously felt by our shipping interests ; and in proportion as this takes place, the advantages of an independent conveyance of our products to foreign markets, and of a growing body of mariners, trained by their occupations for the service of their country in times of danger, must be diminished.

The receipts into the Treasury, during the year, en ding on the thirtieth of September last, have exceeded thirteen millions and a half of dollars, and have enabled us to defray the current expences, including the interest on the public debt and to reimburse more than live millions of dollars of the principal, without recur ring to the loan authorized by the act of the last Ses sion. The temporary loan obtained in the latter end of the vear one thousand ei°'ht hundred and ten, ha-s WA&. also been reimbursed, and is not included in that amount. The decrease of revenue, arising from the situation of our commerce and the extraordinary expences which have and may become necessary, must be taken into view, in making commensurate provisions for the ensuing year. And I recommend to your consideration the propriety of ensuring a sufficiency of annual revenue, at least to defray the ordinary expences of government, and to pay the interest on the public debt, including that on new loans which may be authorized.

I cannot close this communication without expres sing my deep sense of the crisis in which you are as sembled ; my confidence in a wise and honourable result to your deliberations, and assurances of the faithful zeal with which my co-operating duties will be discharged ; invoking at the same time, the bles sing of heaven on our beloved country, and on all the means, that may be employed in vindicating its rights, and advancing its welfare. (Signed) JAMES MADISON. Washington, November 5, 1811. OFFICIAL CORRESPONDENCE, Laid before Congress, on Tuesday, November <y. ORDERS IN COUNCIL. MR. FOSTBjR TO MR. MONROE. WASHINGTON, Jult 3, 1811. SIR, I have had the honour of stating to you verbally the system of defence to which his majesty has been compelled to resort for the purpose of protecting the maritime rights and interests of his dominions against the new description of warfare that has been adopted by his enemies.

I have presented to you the grounds upon which his Majesty finds himself still TJfE WAR. 17 obliged to continue that system, and I conceive that I shall best meet your wishes as expressed to me this morning, if in a more formal shape I should lay be fore you the whole extent of the question, as it appears to his Majesty's government to exist between Gieat- Britain and America. 1 beg leave to call your attention, sir, to the principles on which his Majesty's Orders in Council were originally founded. The Decree of Berlin was direct ly and expressly an act of war, by which France pro hibited all nations from trade or intercourse with Great-Britain under peril of confiscation of their ships and merchandise ; although France had not the means of imposing an actual blockade in any degree adequate to such a purpose.

The immediate and professed object of this hostile Decree was the destruction of all British commerce through means entirely unsanctioned by the law of nations, and unauthorised by any received doctrine of legitimate blockade. This violation of the established law of civilized nations in war, would have justified Great-Britain in retaliating upon the enemy by a similar interdiction of all commerce with France, and with such other countries as might co-operate with France in her system of commercial hostility against Great-Britain. The object of Great-Britain was not, however, the destruction of trade, but its preservation under such regulations as might be compatible with her own se curity, at the same time that she extended an indul gence to foreign commerce, which strict principles would have entitled her to withhold.

The retaliation of Great-Britain was not therefore urged to the full extent of her right ; our prohibition of French trade was not absolute, but modified ; and in return for the absolute prohibition of all trade with Great-Britain, we prohibited not all commerce with France, but all such commerce with Frauce as should not be carried on through Grfeat-Britain. It was evident that this system must prove prejudi cial to neutral nations; this calamity was foreseen :l WAK. and deeply regretted. But the injury to the neutral nation arose from the aggression of France, which had compelled Great-Britain in her own defence to resort to adequate retaliatory measures of war. The operation on the American commerce of those pre cautions, which the conduct of France had rendered indispensable to our security, is therefore to be ascrib ed to the unwarrantable aggression of France, and not to those proceedings on the part of Great-Britain, which that aggression had rendered necessary and just.

The object of our system was merely to counteract an attempt to crush the British trade ; Great-Britain endeavored to permit the continent to receive as large a portion of commerce as might be practicable, through Greal-Britain ; and all her subsequent regulations, and every modification of her system by new orders or modes of granting or withholding licences, have been calculated for the purpose of encouraging the trade of neutrals through Great-Britain, whenever snch encouragement might appear advantageous to the general interests of commerce, and consistent with the public safety of the nation. The justification of his Majesty's Orders in Council, and the con tinuance of that defence, have always been rested up on the existence ofthe Decrees of Berlin and Milan, and on the perseverance of the enemy in the system of hostility which has subverted the rights of neutral commerce on the continent; and it has always been declared on the part of his Majesty's government, that whenever France should have effectually repeal ed the Decrees of Berlin and Milan, and should have restored neutral commerce to the condition in which it stood previously to the promulgation of those De crees, we should immediately repeal our Orders in Council.

France has asserted that the Decree of Berlin was a measure of just retaliation on her part, occasioned by our previous aggression ; and the French government has insisted that our system of blockade, as it existed previously to the Decree of Berlin, was a manifest violation of the received law of nations ; we must therefore, sir, refer to the articles of the Ber lin Decree, to find the principles of our system of blockade, which France considers to be new, and contrary to the law of nations. By the 4th and 8th articles it is stated as a justification of the French Decree, that Great-Britain 'extends to unfortified towns and commercial ports, to harbors, and to the mouths of rivers, those rights of blockade, which by the reason and the usage of nations, are applicable only to fortified places; and that the rights of blockade ought to be limited to for tresses really invested by a sufficient force.' It is added in the same articles that Great-Britain *. has declared places to be in a state of blockade, before which she has not a single ship of war, and even places which the whole British force would be insufficient to blockade ; entire coasts, and a whole empire.' Neither the practice of Great-Britain, nor the law of nations, has ever sanctioned the rule now laid down by France, that no place excepting fortresses in a complete state of investiture, can be deemed lawfully blockaded by sea.

If such a rule were to be admitted, it would be come nearly impracticable for Great-Britain to at tempt the blockade of any port of the continent, and our submission to tliis perversion of the law of nations, while it would destroy one of the principal ad vantages of our naval superiority, would sacrifice the common rights and interests of all maritime states. It was evident that the blockade of May, 1806, was the principal pretended jusification of the De cree of Berlin, though neither the principles on which that blockade was founded, nor its practical opera tion, afforded any color for the proceedings of France. In point of date, the blockade of May, 1806, preceded the Berlin Decree; but it was a just and legal blockade according to the established law of nations, because it Was intended to be maintained, and was actually maintained by an adequate force appointed to guard the whole coast described in the notification, and consequently to enforce the blockade.