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Sign up freeNorfolk Gazette And Publick Ledger
Norfolk, Virginia
What is this article about?
Napoleon's Berlin Decree enforced in Hamburg, leading to unexpected confiscation of American merchant ships Julius Henry and Juniata's cargoes in late 1807, despite appeals and without prize court judgment; goods sent to France (1807-1808).
Merged-components note: Text continuation of the article on the Berlin Decree and its effects; sequential reading order and topic coherence.
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Worse than the Berlin Decree....It is but a short time since we were obliged to enforce conviction on the minds of our Frenchitied editors. and their readers, that Bonaparte's Berlin Decree was not a dead letter, as they termed it, but an efficient law to the citizens of the U.States, and rigorously executed on them. The partizans of our meek administration could not for their souls believe that the benevolent mind of their beloved hero, would carry into effect such threatened severities against the country of Jefferson and Madison-
It was only intended as an admonition to whip us into place. What will those good love bes-
towing creatures now say, when they find that the agents and consignees of the American mer-
chants were at the time invoking the humane pro-
visions of the said decree, and praying that the property of our fellow-citizens might not be sub-
jected to a harder fate by the mere dictum of
Bonaparte, which great boon, it seems was, out
of sheer good will no doubt, denied them.--Read
the following authentic documents :
TRANSLATION
Of sundry documents addressed by --, of Ham-
burg, to Smith and Buchanan, and C. T. Kalk-
man, of Baltimore, respecting the ships Julius
Henry. and Juniata and their cargoes.
Yesterday I received verbal information from the
French custom house that the emperor had condem-
ed all goods without exception, seized fromn the
time the Custom House arrived here, until the end
of 1807; among these are all the goods, which in
that period coming to me have been stopped, so that
there is no chance of a release for the cargoes of
the Julius Henry* and Juniata.t This is against
all expectations; noone had an idea of it. These in-
nocent goods share the same fate with the English,
against which the French emperor's decrees are di-
rected. According to these decrees the court of
prizes at Paris had to pronounce the sentence; but
I have received no such sentence from that tribunal.
As early as the latter part of January the emperor
has pronounced the confiscation. This came entire-
ly unexpected to the American consul here, the
more so, as he had a letter from gen. Armstrong at
Paris as late as the 1st of March, stating that or
a while no decision would take place respecting
American property under seizure.-n-They have
begun transporting the coffee and sugars by land to
France.
How much these unfortunate occurrences have af-
fected me, you may easily imagine. I have used
every effort, and tried every way to prote the clear
and fair standing of these cargoes; spared no ex-
pense, and have engaged an eminent lawyer to con-
duct the claims before the court of prizes, and had
well grounded reasons to expect a favorable decisi-
on; but now every hope is frustrated; all is done
in vain.
Hamburgh, April 12, 1808.
Julius Henry arrived 22d October, 1807, and was sei-
zed on immediately.
Juniata arrived 3d December, 1807.
Memorial of the above-mentioned counsel addressed
to the minister of foreign relations at Paris.
My Lord!
Founded on the 9th article of the decree
rendered by his majesty the emperor and king, on
the 21st November, 1806, for the invariable rule of
commerce, the merchants of Hamburgh, consignees
of the cargoes seized, altho' actually coming from
different ports of the U. States of America, have
deputed me here to present to the court of prizes
the claims they were exclusively compelled to sub-
mit to its definitive judgment, in conformity to
that inviolable law which orders: (article 9th.)--
"Our court of prizes at Paris is charged to render
"definitive judgment of all controversies which
"may take place in our empire or in the countries
"occupied by the French armies, relative to the
"execution of the present decree.
Relying with respect and confidence on this legal
provision which was to have decided the fate of the
claimants as well as that of the shippers and under-
writers of the cargoes, I have already commenced a
process before the court of prizes, when it pleased
his majesty to render on the 27th January last a
particular decision which pronouncing a general
confiscation, orders that the greater part of the
goods, such as cotton in wool or spun, sugar, cof-
fee, and leaf tobacco, shall be transported to France
and there sold and consumed.
Altho' respectfully submitting to the inversion of
the order of judiciary proceedings, by which I am
unexpectedly struck by the legislator himself, who
becomes judge and party without hearing me in the
causes, the cognizance, and definitive judgment of
which he had deigned to attribute to his court of
prizes to make the application of his laws. I have
presented additional petitions in support of the cer-
tificate of origin, and other documents peremptorily
efficacious to solicit from his majesty some modification of his decision of the 27th January last;
but I am informed that the court has received sove-
reign prohibitions from taking cognizance of them
as well as of all other claims of the same nature
This new effect of the supreme authority which I
am bound to revere, interdicting me all private so-
licitation, I take the liberty of having recourse to
your excellency's intercession to inform his majesty
the emperor that his particular decision of January
27th, and March last, not being legislatively known
in all four parts of the globe where they afflict
through a retrogression tacitly abrogatory of the
9th article of the decree of the 21st November,
1806, they cannot extend there the same effects of
omnipotence on commerce and insurances which
they possess in the French empire as well as in the
countries occupied by her armies, that consequently
the suspension of the attribution to the court of pri-
zes it would seem ought to be completely raised;
but if on the contrary it should please his majesty
to maintain the same, his majesty will deign at least
to order its authentic promulgation to give it through-
out the world the regular characteristics of a law
suspensive of the recited decree.
I have the honor, &c.
Paris, 1st April, 1808.
NOTE.
We find no doubt existing here of the efficacy of
the Berlin Decree, but it could not be made to co-
ver these cases.
From the Virginia Argus.
MR. PLEASANTS,
By an unanimous resolution of the grand jury,
for the district of Richmond, &c. I transmit to you
for publication, the copy of a charge, delivered to
that body by the hon. JAMES TYLER, on Monday
the 29th ult.
ROBERT GOODE, Foreman.
Gentlemen of the Grand Jury,
You are this day convened together to execute an
office of the highest trust and confidence ; an office,
derived from our ancestors, which has stood the
test of long experience, by them and us, and whose
principles and objects are the peace, liberty and hap-
piness of society.
For whomsoever have violated the laws, in any
respect, wantonly or wickedly, is a subject for your
animadversion, whether it respects the publick at
large, or the individual, and whether it relates to
his civil, political or religious rights. For in the
eye of the law, every man is equal, and equally en-
titled to its protection, so long as he refrains from
acts, which may, by the commission of them, de-
prive him of that protection.
In the execution of this important duty, I am
persuaded you will be governed in the spirit of the
oath you have taken (which is a most admirable
charge, and greatly supersedes the necessity of my
saying much to you on this occasion,) suffering no
one to escape your censure, by a mistaken idea of
mercy, nor yet presenting any against whom the
clearest evidence is not adduced; as before you, but
one side of every case is brought into view.
Every subject, therefore, which may be offered to
your consideration, try by the evidence and the law,
and let your decision be the result of a sound and
dispassionate enquiry.
At all times and under all circumstances, your
country has an indubitable right to your most faith-
ful services, and even your very sentiments, when-
soever they can be beneficial to it; nor can be stand
excused in the eye of moral or political justice,
who withhold them from it whenever called on to
assist in the great business of the publick happi-
nness.
Even in your private walks and avocations, you
have duties to perform, in setting examples of good
manners and sound morals, among your neighbors
and fellow citizens; inspiring the love of justice,
charity and benevolence, and, above all, the love of
country, which includes every sentiment of honor &
virtue.
I own, gentlemen, that some of these principles
which I recommend to your notice, are such as are
called imperfect obligations, to wit : charity and be-
nevolence, but nevertheless. are moral and social
duties, and therefore, can only be enforced by ex-
ample, as the law has fixed no scale by which those
can be punished who refuse to observe them. Yet we
find that the ancient Germans and other nations, less
enlightened than we are, punished severely, those who
neglected them.
By inculcating these sublime maxims and princi-
ples, you fix your government upon a rock, as dura-
ble as time itself, and will establish a monument to
expose the folly and wickedness of these who en-
deavour to teach this degrading sentiment, that a
free republick is not suited to man's capacity or vir-
tue, and therefore the people ought not to govern
themselves, These sentiments, however, are the
offspring of the highest pride and folly, and are sel-
dom nourished by any but those who wish or ex-
pect to rule over their fellow men. And for the proof
of such an unfounded doctrine, where will its advo-
cates go? In what region of civilized man? Will it
be found in the annals of aristocracy or monarchy,
either ancient or modern, that the most wise and
virtuous have always ruled, and still do rule? That
in such governments, merit and abilities have been
always preferred? I scarcely think it can. Yet if we
examine into the history of past ages, and present
times, we shall easily discover that almost all the
great achievements, and wise discoveries, which re-
flect so much honour and glory on the character of
man, originated and were brought to perfection, in
the spirit of liberty. Nor is it easy to conceive how
it could be otherwise. For how can a slave aspire
to acts of glory, wisdom and renown, under the ab-
ject state in which he breathes? Before he can be
brought to such a standard as liberty and law can
place him on, must he not break asunder his chains
and stand erect like his God?
It is very true that under a despotism, men have
been taught, mechanically, to perform considera-
ble acts of bravery, and often, by a mistaken zeal,
arising from a profound state of ignorance, have
followed some Caesar or Alexander, in the perpetra-
tion of acts, both sanguinary and venal, and yet
have been signalized as great, because they were
crowned with success, and by thus blindly follow-
ing a leader, in hopes of some change in their con-
dition of life for the better, have, at length, more
strongly riveted their own chains for a long series of
time, till the spirit of liberty is at last roused by
severe oppression; and then what comparison is
there between the contending parties? Under this
divine spirit, we find Leonidas bleeding at the streights
What sub-type of article is it?
What keywords are associated?
What entities or persons were involved?
Where did it happen?
Foreign News Details
Primary Location
Hamburg
Event Date
October 1807 To April 1808
Key Persons
Outcome
confiscation of all goods seized from the time the custom house arrived until the end of 1807, including cargoes of the julius henry and juniata; goods transported by land to france
Event Details
American ships Julius Henry (arrived 22d October 1807) and Juniata (arrived 3d December 1807) seized in Hamburg; emperor condemned all such goods without exception on 27th January 1808, against expectations and without judgment from the court of prizes at Paris; memorial presented to minister of foreign relations at Paris on 1st April 1808 seeking modification or promulgation of the decision