Events Leading to the Embargo
External Conflicts and their Effects

      Conflicts between France and Britain had abounded for years before the U.S. got dragged into the mix. On May 16, 1806 Britain issued a "Note to the Neutral Powers" saying "the King, taking into consideration the new and extraordinary means resorted to by the enemy for the purpose of distressing the commerce of his subjects, has thought fit to direct that the necessary measures should be taken for the blockade of the coast, rivers and ports,
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from the river Elbe to the port of Brest, both inclusive...His Majesty is pleased to declare that such blockade shall not extend to prevent neutral ships and vessels laden with goods not being the property of His Majesty's enemies, and not being contraband of war, from approaching the said coast, and entering into and sailing from the said rivers and ports (save and except the coast, rivers and ports front Ostend to the river Seine, already in a state of strict and rigorous blockade, and which are to be considered as so continued), provided the said ships and vessels so approaching and entering (except as aforesaid), shall not have been laden at any port belonging to or in the possession of any of His Majesty's enemies; and that the said ships and vessels so sailing from said rivers and ports (except as aforesaid) shall not be destined to any port belonging to or in possession of any of His Majesty's enemies, nor have previously broken the blockade."
("Documents").

      In response, Napoleon issued "The Berlin Decree" declaring "in consideration of the fact:
1.  That England does not recognize the system of international law universally observed by all civilized nations.
2.  That she regards as an enemy every individual belonging to the enemy's state, and consequently makes prisoners of war not only of the crews of armed ships of war but of the crews of ships of commerce and merchantmen...
3.  That she extends to the vessels and commercial wares and to the property of individuals the right of conquest, which is applicable only to the possessions of the belligerent power...
8.  That it is a natural right to oppose such arms against an enemy as he makes use of, and to fight in the same way that he fights...
We have consequently decreed and do decree that which follows:
1.  The British Isles are declared to be in a state of blockade...
3.  Every individual who is an English subject, of whatever state or condition he may be, who shall be discovered in any country occupied by our troops or by those of our allies, shall be made a prisoner of war.
4.  All warehouses, merchandise or property of whatever kind belonging to a subject of England shall be regarded as a lawful prize.
5.  Trade in English goods is prohibited...
(AllPosters.com)
8.  Any vessel contravening the above provision by a false declaration shall be seized, and the vessel and cargo shall be confiscated as if it were English property."
("Documents").

      On January 10, 1807 Britain issued an "Order in Council" in reply to Napoleon's Berlin Decree saying: "apprise the American consuls and merchants residing in England, that His Majesty has, therefore, judged it expedient to order that no vessel shall be permitted to trade from one port to another, both which ports shall belong to, or be in the possession of, France or her allies, or shall be so far under their control as that British vessels may not freely trade thereat; and that the commanders of His Majesty's ships of war 'and privateers have been instructed to warn every neutral vessel coming from any such port, an destined to another port, to discontinue her voyage, and not to proceed to any such port; and every vessel after being so warned, or any vessel coming from any such port, after a reasonable time shall have been afforded for receiving information of this His Majesty's order, which shall be found proceeding to another such port, shall be captured and brought in, and, together with her cargo, shall be condemned as lawful prize." ("Documents").

      These decrees put Americans in a bad position. They were unable to trade freely with either Britain or France, both of whom had been major trade partners for the U.S. in the past. Additionally, Britain was carrying out the practice of impressment, which is the "enforcement of military or naval service on able-bodied but unwilling men through crude and violent methods" ("impressment"), on American sailors, which angered Americans greatly. President Thomas Jefferson summed up the nations concerns in his "Seventh Message to Congress" when he said: "The love of peace so much cherished in the bosoms of our citizens, which has so long guided the proceedings of their public councils and induced forbearance under so many wrongs, may not insure our continuance in the quiet pursuits of industry. The many injuries and depredations committed on our commerce and navigation upon the high seas for years past, the successive innovations on those principles
of public law which have been established by the reason and usage of nations and peace, and all the circumstances which induced the extraordinary mission to London are already known to you...They
[our ministers in London] accordingly proceeded, in conformity therewith, to propose arrangements which might embrace and settle all the points in difference between us to a mutual understanding on our neutral and national rights provide for a commercial intercourse on conditions of some equality. After long and fruitless endeavors to effect the purposes of their mission and to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained and to send them for consideration, candidly declaring to the other negotiations at the same time that they were acting against their instructions, and that their Government, therefore, could not be pledged for ratification. Some of the articles proposed might have been admitted on a principle of compromise, but others were too highly disadvantageous,and no sufficient provision was made against the
("Famous")
 principle source of the irritations and collisions which were constantly endangering the peace of the two nations...Still anxious not to close the door against friendly adjustment, new modifications were framed and further concessions authorized than could before have been supposed necessary; and our ministers were instructed to resume their negotiations on these grounds. On this new reference to amicable discussion we were reposing in confidence, when on the 22d day of June last by a formal order from British admiral the frigate Cheapeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed and four taken away. On this outrage no commentaries are necessary. Its character has been pronounced by the indignant voice of our citizens with an emphasis and unanimity never exceeded. I immediately, by proclamation, interdicted our harbors and waters to all British armed vessels, forbade intercourse with them
[here he is referring to the Non-Importation Act of 1806] An armed vessel of the United States was dispatched with instructions to our ministers at London to call on that Government for the satisfaction and security required by the outrage...The aggression thus begun has been continued on the part of the British commanders by remaining within our waters in defiance of the authority of the country, by habitual violations of its jurisdiction, and at length by putting to death one of the persons whom they had forcibly taken from on board the Chesapeake. These aggravations necessarily lead to the policy either of never admitting an armed vessel into our harbors or of maintaining in every harbor such an armed force as may constrain obedience to the laws and protect the lives and property of our citizens against their armed guests; but the expense of such a standing force and its inconsistence with our principles dispense with those courtesies which would necessarily call for it, and leave us equally free to exclude the navy, as we are the army, of a foreign power from entering our limits...To former violations of maritime rights another is now added of very extensive effect. The Government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them; and being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargos at the first port they touch or to return home without the benefit of going to any other market. Under this new law of the ocean our trade on the Mediterranean has been swept away by seizures and condemnations, and that in other seas is threatened with the same fate. ("Thomas Jefferson : Seventh").

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