ance and Great Britain against each
other, in order to avoid a war with either, was as perplexing as
humiliating. "Great anxiety,"[369] to which little sympathy can be
extended, was felt in Washington as to the evidence for the actuality
of the repeals.
The situation was finally cleared up by a clever move of the British
Cabinet, forcing Napoleon's hand at a moment when the Orders in
Council could with difficulty be maintained longer against popular
discontent. On March 10, 1812, the French Minister of Foreign Affairs,
in a report to the Senate, reiterated the demands of the Decrees, and
asserted again that, until those demands were conceded by England, the
Decrees must be enforced against Powers which permitted their flags to
be denationalized. The position thus reaffirmed was emphasized by a
requirement for a large increase of the army for this object. "It is
necessary that all the disposable forces of France be available for
sending everywhere where the English flag, and other flags,
denationalized or convoyed by English ships of war, may seek to
enter."[370] No exceptions in favor of the United States being
stated, the British ministry construed the omission as conclusive
proof of the unqualified continuance of the Decrees;[371] and the
occasion was taken to issue an Order in Council, defining the
Government's position, both in the past and for the future. Quoting
the French minister's Report, as removing all doubts of Napoleon's
persistence in the maintenance of a system, "as inconsistent with
neutral rights and independence as it was hostile to the maritime
rights and commercial interests of Great Britain," the Prince Regent
declared that, "if at any time thereafter the Berlin and Milan Decrees
should be absolutely and unconditionally repealed, by some authentic
act of the French Government, publicly promulgated, then the Orders in
Council of January, 1807, and April, 1809, shall without any further
order be, and the same are hereby declared from thenceforth to be,
wholly and absolutely revoked."[372] No exception could be taken to
the phrasing or form of this Order. The wording was precise and
explicit; the time fixed was definite,--the date of the French Repeal;
the manner of revocation was the same as that of promulgation, an
Order in Council observant of all usual formalities.
In substance, this well-timed State Paper challenged Champagny's
letter of August 5, 1810, and the American Non-Importation Act bas
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