Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-11-10

sentence in all disputes which NAV arise empire
or in the countries occupied by the French army, rea-
tive To the execution Of the present decree Our prize
tribunal at Milan stuU pronounce final sentence in all
such like disputes which may arise throughout our
Kingdom of Italy.
10. Communications OF this Decree Shall be made TO
the Kings of SPAIN Naples, Holland Etruria and TO
our other Allies whose subjects, well as ours are
of the injustice and barbaity of the English
Maritime Code.
II. Our Ministers Of Foreign Relations &c Sc. are
charged with the execution of the present Decree
(Signed) NAPOLEON.
By he Emperor,
II. B. MARET, Secretary of State.
N:qPoLEo%b by the tfracc IF t;od, and by The Con.
Stauf,o,, Emperor Of the Itt.seh, Kong of Noiy, and
protector Of The confederation Of The Rhinc-
Considering the dispositions decreed by the British
Government, dated the 18th November last past which
subject the vessels of friendly neutral Nations and also
the allies of England, not only the visit of English
cruizers, but even 10 particular station in England
and to an arbitrary imposition of certain per ccntum
90 their caigoes to be established by the English Legs
lature:
Considering that by this act, the English Govern
men hath deprived of their distinctive National quality
(denazonaizzato the vessels Of all the Nations of
rope that il is not in the power of any Government 10
suffer Infringement of its independence and rights
all the Soveregns of Europe being coDiontly guaran
tees of the Sovereignty and Independence flags
that it, By an inexcusable weakness, which would be
indeble stain in the eyes Of posery, such tyranny
were permitted to become principle and consecrated
by use, the English would from thence deduce claim
% establish right, they have already proted
by federation of Governments, to establish the nfa
nous principle, that the flag does cover merchan
iZe and to give TO their right of blockade an extcn
son arbitrary and derogatory to the Sovereignty of
every State: We have decreed and do decree as fol.
lows
Article Every vessel to whatsoever Nation il NAV
belong, which shall have suffered the visit of an Eng
ish vessel, shall have Submitted voyage 10 Eng
land, or shall have paid any duty whatever the Eng
iish Government, is for that alone, declared
he deprived of her distinctive National quality a. lost
ne guarantee of her flag and has become English pro-
pcrty.
. The above mentioned vessels thus deprived of eir
National distinction by the arbitrary measures of the
English Government, declared be good and law
fnl przes well in they enter ports or those
of allies, also they fall the power OF our
vessels of war privaeers
s. The British Islands declared 10 be in state
of blockade well by sea rs by land Every vessel of
whatsoever Nation, whatsoever be her cargo COM
ing from the ports of Eng land from English colonies
IS good prize, contravening the present Decree
they shall he captured by vessels OF war; or by our
Privateers and shall be adjudged TO the captors
l. These measures, which are but lust reciprocitv
Tor the barbarous system adopted by the English Gov
eminent, which assnlacs IFS Legislation 10 that of AL
Siefs shall cease to have their effect with respect TO
all those Nations, which may succeed in compcnr the
British Government TO respect their flag. They shall
continue to be in force during all such time this Co
vernmen shall fail to return to the principles of the
right of war; which govern the relations Of civilized Ma
tons in state of war
The dispositions OF the present decree shall be abro
gated, and null IN fact so soon the English Govern
nent shall have returned to those principles of the lazy
of Nations, which equally the principles Of Justice
and honor.
D. All the Ministers charged with the execution
ofthe present Decree, which al be published and in,
serted in the bulletin CT the Laws.
Given from the Royal palace of MILAN lie Sc.
venteenth day of December 1907.
NAPOLEON
By Tie Emperor and King, The .liiniser Secretary
eTStatc. A. ALDlNI. :
NO. My.
The right OF a neutral Nation 10 pursue Commerce
with heigerent power, is SO well established that
small quote but other authority in support of it.
Martens says, 'One of the most important points 10
be considered treating of the laws Of neutrality is
the Commerce carried between neutral and beIeer-
ent Ma lions.
1.-The right which Nation enjoys in time of peace
OF selling and carrying all of merchandise 10 eve
rs Nation which chooses trade with it, il also enjoys
IN tune OF war, provided it remains neuter.
lit IS however generally acno gedced that a peu-
trail Nation ought not to transport TO either of the bei
gefen powers, merchandise uueGuvocaiy intended for
Warlike purposes.
"a Nation that authorizes contraband Commerce
Is looked upon as having violated IFS neutrality.
''When prize has been made, the captor cannot an
r0priate 10 his use, till it has been condemned
as a lawful prize, in Court of Admiralty The Gus.
tOuIary, well the conventional law authorizes
Sovereign in Europe TO institute Courts of Ad-
Eniraty, and other superior tribunals vested with full
power to determine the legality legaity of all
prizes made by his subjects"
Napoleon IN the preamble 10 his Berlin Decree saws
80 place ought not to be considered blockaded, but
when II is SO invested that approach to it can be
made, without imminent hazard.7
Mr.. Foster lie British Penipoientary, in a letter to
MIR. Monroe, dated Washington, July 3D. 1911, saws
Great Britain has attempted to dispute that in
the ordinary of the law of Nations no block
ale can be nsufable valid unless it be supported BY
an adequate force destined TO maintain it, and to ex
pose TO hazard ayescls attempting eyade its opera
tom
Here thcn these Giant powers, both admit of our
construction Of the law of blockade and vet they boil,
constantly violated il.
If Public Deutee Edict be unlawful no Judi
cia ceremony lcgalile u.
The BerLn and Milan DEGREES therefore, being Vi
oIaiion Of lie law Of Nations, all Judicial acts under
them, are consequently, null and ODD.
40. Ky.
II any doubts had existed respecting tie public law
relates tie doctrine Of blockade the authorities Of
Great Britain, France, aud Russia, have been quoted
in support Of the rrnuiple for which Government