To James Madison from John Armstrong, 24 December 1806
From John Armstrong
Paris 24 December 1806.
Sir,
I have the honor of transmitting the copy Enclosed, of a letter from the1 Minister of Marine & Colonies, in answer to mine of the 10 instant, on the subject of the Imperial decree2 of the 21st. of November 1806.3
An additional explanation which I have just received and4 which it may be well to communicate is—that American5 Vessels coming from England or her Colonies into the Ports of France, since the date of the6 abovementioned decree, shall be immediately required to put to Sea & all Such as shall be detected in eluding this regulation by false declarations, shall be confiscated. I have the honor to be with very high respect, Your Most Obedient & very humble servt,
J Armstrong.
RC and enclosure (DNA: RG 59, DD, France, vol. 10); RC (DNA: RG 59, Misc. Duplicate Consular and Diplomatic Correspondence, 1791–1906, box 2, folder 9); Tr and Tr of enclosure (DNA: RG 233, President’s Messages, 9A-D1); letterpress copy of Tr and letterpress copy of Tr of enclosure (DNA: RG 46, Legislative Proceedings, President’s Messages, 9A-E2). First and second RCs docketed by Wagner. Trs are of the second RC in the hand of Forrest. Trs of enclosure are translations of the original French enclosure in the hand of Wagner. For enclosure, see n. 3.
1. The second RC and Trs have “His Majesty’s” in place of “the” here.
2. The second RC and Trs have “Arrete” in place of “decree” here.
3. The enclosure is a copy of Denis Decrès to Armstrong, 24 Dec. 1806 (2 pp.; in French; docketed by Wagner), in response to Armstrong’s queries to Decrès, 10 Dec. 1806 (see Armstrong to JM, 24 Dec. 1806 [first letter], and n. 4). On the first question, Decrès stated his belief that the 21 November declaration did not modify “the regulations at present observed in France with regard to neutral navigators, nor consequently of the convention” of 1800 between the United States and France and that Armstrong therefore need not inquire about the interpretation of “British islands” in article 1. On the second point, Decrès noted that seizures made before proper notification of the Berlin Decree “shall not be allowed to the captures.” On the third question, Decrès emphasized that American vessels would not be seized merely for going to or clearing from English ports. Finally, he replied that the second and fifth articles would apply to citizens of foreign nations residing in France and French-occupied territories. Decrès added a reminder that his answers did not have “the development which they would receive from the minister of foreign relations” and that Armstrong should direct his questions to Charles-Maurice de Talleyrand-Périgord.
4. The phrase “which I have just received and” does not appear in the second RC or Trs.
5. The second RC and Trs have “neutral” in place of “American” here.
6. From this point until the closing, the second RC and Trs have: “afforesaid Arreté, will not be received and that if any person or persons, charged with the Ship or other Vessel & cargo, shall be detected in evading this regulation by means of false declarations, they shall forfeit the said Ship or other Vessel & Cargo.”