progress, but had become fully known only when they had reached a very
advanced stage. The pretensions and policy set forth in the Decree
were considered by the British Government to violate the rights of
neutrals, with a specific and far-reaching purpose of thereby injuring
Great Britain. It was claimed that acquiescence in such violations by
the neutral, or submission to them, would be a concurrence in the
hostile object of the enemy; in which case Great Britain might feel
compelled to adopt measures retaliatory against France, through the
same medium of neutral navigation. In such steps she might be
fettered, should the present treaty take effect. In final
ratification, therefore, the British Government would be guided by the
action of the United States upon the Berlin Decree. Unless the Emperor
abandoned his policy, or "the United States by its conduct or
assurances will have given security to his Majesty that it will not
submit to such innovations on the established system of maritime law,
... his Majesty will not consider himself bound by the present
signature of his commissioners to ratify the treaty, or precluded from
adopting such measures as may seem necessary for counteracting the
designs of his enemy."[172] The American representatives transmitted
this paper to Washington, with the simple observation that "we do not
consider ourselves a party to it, or as having given it in any the
slightest degree our sanction."[173]

The Berlin Decree was remarkable not only in scope and spirit, but in
form. "It had excited in us apprehensions," wrote Madison to the
United States minister in Paris, "which were repressed only by the
inarticulate import of its articles, and the presumption that it would
be executed in a sense not inconsistent with the respect due to the
treaty between France and the United States." It bore, in fact, the
impress of its author's mind, which, however replete with knowledge
concerning conventional international law, defined in accordance with
the momentary and often hasty impulses of his own will, and
consequently often also with the obscurity attendant upon ill-digested
ideas. The preamble recited various practices of Great Britain as
subversive of international right; most of which were not so, but in
accordance with long-standing usage and general prescription. The
methods of blockade instituted by her were more exceptionable, and
were given prominence, with evident reference to the Order o