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French decrees was accepted by America; and upon which alone, erroneously assuming that repeal to be complete, America has claimed a revocation of the British orders in council.

His royal highness, upon a review of all these circumstances, feels persuaded that so soon as this formal declaration by the government of France, of its unabated adherence to the principles and provisions of the Berlin and Milan decrees, shall be made known in America, the government of the United States, actuated not less by a sense of justice to Great Britain, than by what is due to its own dignity, will be disposed to recall those measures of hostile exclusion, which, under a misconception of the real views and conduct of the French government, America has exclusively applied to the commerce and ships of war of Great Britain.

To accelerate a result so advantageous to the true interests of both countries, and so conducive to the re-establishment of perfect friendship between them; and to give a decisive proof of his royal highness's disposition to perform the engagements of his majesty's government, by revoking the orders in council whenever the French decrees shall be actually and unconditionally repealed, his royal highness the prince regent has been this day pleased, in the name and on the behalf of his majesty, and by and with the advice of his majesty's privy council, to order and declare:

That if at any time hereafter, the Berlin and Milan decrees shall, by some authentic act of the French government publicly promulgated, be expressly and unconditionally repealed, then and from thenceforth the order in council of the 7th day of January, 1807, and the order in council of the 26th day of April, 1809, shall, without any further order, be, and the same hereby are declared from thenceforth to be wholly and absolutely revoked; and further, that the full benefit of this order shall be extended to any ship or vessel captured subsequent to such authentic act of repeal of the French decrees, although antecedent to such repeal, such ship or vessel shall have commenced and shall be in the prosecution of a voyage, which, under the said orders in council or one of them, would have subjected her to capture and condemnation; and the claimant of any ship or cargo which shall be captured at any time subsequent to such authentic act of repeal by the French government, shall, with

further order or declaration on the part of his majesty's government on this subject, be at liberty to give in evidence in the high court of admiralty or any court of viceadmiralty, before which such ship or vessel or its cargo shall be brought for adjudication, that such repeal by the French

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government had been by such `authentic act promulgated prior to such capture; and upon proof thereof, the voyage shall be deemed and taken to have been as lawful as if the said orders in council had never been made; saving, nevertheless, to the captors such protection and indemnity as they may be equitably entitled to, in the judgment of the said court, by reason of their ignorance or uncertainty as to the repeal of the French decrees, or of the recognition of such repeal by his majesty's government, at the time of such capture.

“ His royal highness, however, deems it proper to declare, that, should the repeal of the French decrees, thus anticipated and provided for, afterwards prove to have been illusory the

part of the enemy; and should the restrictions thereof be still practically enforced or revived by the enemy, Great Britain will be obliged, however reluctantly, after reasonable notice to neutral powers, to have recourse to such measures of retaliation as may then appear to be just and necessary.”

Westminster, April 21, 1812.
At the court of Carleton House, the twenty-first of April

, one thousand eight hundred and twelve, present, his royal highness the Prince Regent in council.

Whereas, the government of France has, by an official report, communicated by its minister for foreign affairs to the conservative senate, on the tenth of March last, removed all doubts as to the perseverance of that government in the assertion of principles, and in the maintenance of a system, not more hostile to the maritime rights and commercial interests of the British empire, than inconsistent with the rights and independence of neutral nations, and has thereby plainly developed the inordinate pretensions which that system, as promulgated in the decrees of Berlin and Milan, was from the first designed to enforce.

And whereas, his majesty has invariably professed his readiness to revoke the orders in council, adopted thereupon, as soon as the said decrees of the enemy should be formally and unconditionally repealed, and the commerce of neutral nations restored to its accustomed course:

His royal highness the prince 'regent (anxious to give the most decisive proof of his royal highness's disposition to perform the engagements of his majesty's government) is pleased in the name and on the behalf of his majesty, and by and with the advice of his majesty's privy council, to order and declare, and it is hereby ordered and declared, that if, at any time hereafter, the Berlin and Milan decrees shall, by some authentic act of the French government, publicly promulgated, be absolutely and unconditionally repealed, then, and from thenceforth, the order in council of the seventh day of January, one thousand eight hundred and seven, and the order in council of the twenty-sixth day of April, one thousand eight hundred and nine, shall, without any further order, be, and the same are hereby declared from thenceforth to be wholly and absolutely revoked: And further, that the full benefit of this order shall be extended to any ship or cargo captured subsequent to such authentic act of repeal of the French decrees, although antecedent to such repeal such ship or vessel shall have commenced and shall be in the prosecution of a voyage which, under the said orders in council, or one of them, would have subjected her to capture and condemnation; and the claimant of any ship or cargo which shall be captured or brought to adjudication, on account of any alleged breach of either of the said orders in council, at any time subsequent to such authentic act of repeal by the French government, shall, without any further order or declaration on the part of his majesty's government on this subject, be at liberty to give in evidence, in the high court of admiralty, or any court of vice-admiralty before which such ship or cargo shall be brought for adjudication, that such repeal by the French government had been by such authentic act promulgated prior to such capture; and upon proof thereof, the voyage

shall be deemed and taken to have been as lawful as if the said orders in council had never been made: saving, nevertheless, to the captors such protection and indemnity as they may be equitably entitled to in the judgment of the said court, by reason of their ignorance or uncertainty as to the repeal of the French decrees, or of the recognition of such repeal by his majesty's government at the time of such capture.

His royal highness, however, deems it proper to declare, that should the repeal of the French decrees, thus anticipated and provided for, prove afterwards to have been illusory on the part of the enemy; and should the restrictions thereof be still practically enforced, or revived by the enemy, Great Britain will be compelled, however reluctantly, after reasonable notice, to have recourse to such measures of retaliation as may then appear to be just and necessary.

And the right honourable the lords commissioners of his majesty's treasury, his majesty's principal secretaries of state, the lords commissioners of the admiralty, and the judge of the high court of admiralty, and the judges of the courts of vice-admiralty, are to take the necessary measures herein as · to them shall respectively appertain. (Signed)

CHETWYND.

Mr. Russell to Mr. Monroe. (Duplicate.) Sir,

London, 26th April, 1812. I beg leave to hand you herewith a declaration and an order in council of this government of the twenty-first of this month, and a copy of a note from lord Castlereagh accompanying the communication of them to me. I have already transmitted to you other copies of these documents, and have nów to add a copy of the note which I have addressed, in reply to that of his lordship.

I have the honour to be, with the highest consideration, sir, your assured and faithful servant, (Signed)

JONA. RUSSELL. Mr. Russell to Lord Castlereagh. (Copy) My Lord,

18, Bentinck Street, April 25th, 1812. I have the honour to acknowledge the receipt of the note which your lordship addressed to me on the 21st of this month, enclosing, by the command of his royal highness the prince regent, a copy of a declaration, accompanying an order in council which had that day been passed.

It would have afforded me the highest satisfaction in communicating that declaration and order to my government, to have been able to represent them as conceived in the true spirit of conciliation, and with a due regard to the honour and interests of the United States. I regret, however, that so far from being able to perceive in them any evidence of the amicable sentiments which are professed to animate the councils of his royal highness, I am compelled to consider them as an unequivocal proof of the determination of his Britannic majesty's government, to adhere to a system, which, both as to principle and fact, originated and has been continued in error; and against which, the government of the United States, so long as it respects itself, and the essential rights of the nation over which it is placed, cannot cease to contend.

The United States have never considered it their duty to inquire, nor do they pretend to decide, whether England or France was guilty, in relation to the other, of the first violation of the public law of nations; but they do consider it their most imperious duty to protect themselves from the unjust operation of the unprecedented measures of retaliation, professed by both these powers to be founded on such violation. In this operation, by whichever party directed, the United States have never for a moment acquiesced; nor by the slightest indication of

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such acquiescence, afforded a pretext for extending to them the evils by which England and France affect to retaliate on each other. They have in no instance departed from the observance of that strict impartiality which their peaceful position required, and which ought to have secured to them the unmolested enjoy ment of their neutrality. To their astonishment, however, they perceived that both these belligerent powers, under the pretence of annoying each other, adopted, and put in practice, new principles of retaliation, involving the destruction of those commercial and maritime rights which the United States regard as essential and inseparable attributes of their independence. Although alive to all the injury and injustice of this system, the American government resorted to no measures to oppose it which were not of the most pacific and impartial character, in relation to both the aggressors. Its remonstrances, its restrictions of commercial intercourse, and its overtures for accommodation, were equally addressed to England and to France; and, if there is now an inequality in the relations of the United States with these countries, it can only be ascribed to England herself, who rejected the terms proffered to both, while France accepted them; and who continues to execute her retaliatory edicts on the high seas, while those of the latter have there ceased to operate.

If Great Britain could not be persuaded by considerations of universal equity to refrain from adopting any line of conduct, however unjust, for which she might discover a precedent in the conduct of her enemy; or to abandon an attempt of remotely and uncertainly annoying that enemy through the immediate and sure destruction of the vital interests of a neutral and unoffending state; yet, it was confidently expected that she would be willing to follow that enemy also in his return towards justice; and from a respect to her own declarations, to proceed pari passu with him, in the revocation of the offending edicts. "This just expectation has, however, been disappointed, and an exemption of the flag of the United States from the operation of the Berlin and Milano decrees has produced no corresponding modification of the British orders in council. On the contrary, the fact of such exemption on the part of France appears by the declaration and order in council of the British government of the 21st of this month to be denied; and the engagement of the latter to proceed step by step with its enemy in the work of repeal and relaxation, to be disowned or disregarded.

That France has repealed her decrees, so far as they concerned the United States, has been established by declarations and facts satisfactory to them, and which, it was presumed, would

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