Regulations

The fundamental regulations laid down on this basis fall into four categories. First, the British Isles are formally declared in a state of blockade, and all trade or communication with them is prohibited (Articles 1 and 2). Secondly, the decree turns against all British subjects in territories occupied by the French; they are declared to be prisoners of war, and all property belonging to them to be fair prize (Articles 3 and 4). Thirdly, war is made on all British goods; all trade in them is prohibited and all goods belonging to England or coming from her factories or her colonies are declared to be fair prize, half of their value to be used to indemnify merchants for British captures (Articles 5 and 6). Fourthly and lastly, every vessel coming direct from ports of Great Britain or her colonies, or calling at them after the proclamation of the decree, is refused access to any port on the Continent (Article 7).

What was left undecided was the question of procedure at sea. In later years (1810) Napoleon himself declared on two or three different occasions that the Berlin decree implied only 'continental blockade and not maritime blockade', and that it was not to be applied to the sea, that is, to lead to captures; but this only bears witness to that capacity of forgetfulness of which Napoleon was master on occasion. It is true that his naval minister, Admiral Decrès, in answer to a question from the American envoy, gave it as his opinion that a vessel could not be captured simply and solely because it was on its way to an English port. It is also true that captures or condemnations of captured or stranded vessels on the basis of the Berlin decree did not occur in 1806 or in the first seven months of 1807; and this caused shipping premiums to drop to 4 per cent. and in England formed the basis of the regular standing argument of the opposition against the government's measures of reprisal. But it is equally true that this state of affairs came to an end with a declaration made by Napoleon himself, after his return from Poland, and communicated to the Law Courts in September 1807; in point of fact, the practice had already been altered in August and consequently not, as Napoleon later gave out, by the new Milan decree of December 1807. The Emperor's exposition of the law states that English goods on board neutral vessels should be confiscated; and in practice the decree was interpreted in such a way that an enemy destination was sufficient ground for the condemnation of a vessel. For that matter, this was in full accord both with the principles of blockade and with the practice of the period of the Directory.

Even after this interpretation, however, the Berlin decree was so much milder than the Nivôse law of 1798 that the occurrence of British goods at least did not occasion the condemnation of the vessel itself and the rest of its cargo.