Napoleon Bonaparte Signs an Original Ships Passport for An American Vessel During the War of 1812, Permitting an Exception to His Continental Blockade

Great Britain was an important force in encouraging and financing resistance to Napoleonic France. Napoleon lacked the resources to attempt a cross-channel invasion or to defeat the Royal Navy at sea. His main attempt to do so ended with defeat at the Battle of Trafalgar in 1805. Napoleon resorted instead to economic warfare. As a result of the Industrial Revolution, Great Britain was emerging as Europe’s manufacturing and industrial center, and Napoleon believed it would be vulnerable to an embargo on trade with the European nations under his control.

Napoleon’s Continental System began with the promulgation of the Berlin Decree of November 21, 1806, which, among other things: a) declared the British Isles “to be in a state of blockade;” b) required the imprisonment of certain British subjects found in foreign ports; c) prohibited the trade of any British goods; d) authorized that any vessel engaged in the above should be seized and its cargo taken; e) provided that these terms be strictly enforced throughout the Empire; f) and placed regional ministers in charge of enforcement.  The British followed suit soon thereafter, though U.S. Secretary of State James Monroe was informed that no action would be taken against any vessels from neutral nations.  Napoleon’s Milan Decree of November 1807 was designed to enforce his measures by arming French and allied vessels with a broader power of seizure of cargo and of ships.  Because the Milan Decree dictated that any vessel engaging in commerce with Britain, or any which allowed itself to be inspected by the British, was thereafter denationalized and subject to seizure, the line of neutrality was being blurred. Napoleon’s Bayonne Decree of April 17, 1808 went even farther. It ordered the seizure of American ships in European ports, resulting in over ten million dollars in United States goods and ships being confiscated.

In March of 1809 the United States enacted a Non-Intercourse Act providing that any French or British ship entering an American port could be confiscated. Despite his claim that he was unaware of the Non-Intercourse Act, Napoleon refers to it in a note written in December 1809.  Napoleon responded with the Rambouillet Decree declaring all American ships entering a French port subject to confiscation, regardless of the intent of the vessel. The decree was made retroactive to May 20, 1809, the date of the American Non-Intercourse Act.

The Non-Intercourse did not achieve its goals and was followed by Macon’s Bill that lifted all embargoes with Britain and France for three months. If either one of the two countries ceased attacks upon American shipping, the United States would end trade with the other, unless that other country agreed to recognize the rights of the neutral American ships as well.

Napoleon immediately saw a chance to exploit this bill in order to further his Continental Plan, a form of economic warfare he believed would destroy Britain’s economy. A message was sent to the United States, stating the rights of the American merchant ships as neutral carriers would be recognized. President James Madison, a staunch opponent of the bill, grudgingly accepted Napoleon’s offer. However, Napoleon had no intention of ever following through on his promise, and Madison soon realized this as well.

In 1812, Napoleon’s depleted army was limping back from Moscow and starving for supplies. So he had a change of heart.

Document signed, by Napoleon, his Ministers of Manufactures, State, Navy and the Colonies, and by the Director of Customers, April 28, 1813. The document establishes the port of entry as Bordeaux, under the auspices of Berniard et Cie, a French company, which has “at all times demonstrated their respect for the law of the State… their aversion in all practical matters and matters of intelligence toward enemies of France…; and that they profit from extended credit and a well established reputation.” Only four cities are permitted to be ports of departure: New York, Charleston, Baltimore or Boston.  The vessel is permitted to introduce into France, “cotton, fish oils, wood, salted fish; coffees and sugars from the French Colonies, or America or Asia; cocoa spices from the Netherlands….” Vessels are then permitted to export from French ports an equal value of French merchandise, 1/3 of which at least being French textiles; anything beyond could be wine, perfumes, and other goods.

Some of the stipulations were: 1 – The vessel must have a certificate of origin; 2 – The captain must have a letter from the French consul to the minister of Foreign Affairs; 3 – He must bring newspapers from the day of his departure from America; 4 – Nothing must get in the way of French military efforts at the port.

This document is unaccomplished, reflecting the reality that American and French laws would have made such commercial cooperation difficult.  Only a handful of these rare documents have ever reached the market, and they have all been left blank, a testament to the success of the English and allies in cutting off France’s access to desperately needed trade.