,
provided for the warning of a vessel which had sailed before receiving
notification; and not till after a first notice by a British cruiser
was she liable to capture. Mention of such cases occurs in the
journals of the day.[216] Some captains persisted, and, if successful
in reaching a port under Napoleon's control, found themselves arrested
under a new Decree,--that of Milan,--for having submitted to a visit
they could not resist. Such were sequestered, subject to the decision
of the United States to take active measures against Great Britain.
"Arrived at New York, March 23, [1808], ship 'Eliza,' Captain Skiddy,
29 days from Bordeaux. All American vessels in France which had been
boarded by British cruisers were under seizure. The opinion was, they
would so remain till it was known whether the United States had
adjusted its difficulties with Great Britain, in which case they would
be immediately condemned. A letter from the Minister of Marine was
published that the Decree of Milan must be executed severely,
strictly, and literally."[217] Independent of a perpetual need to
raise money, by methods more consonant to the Middle Ages than to the
current period, Napoleon thus secured hostages for the action of the
United States in its present dilemma.

The Orders in Council of November 11, having been announced in English
papers of the 10th, 11th, and 12th, appeared in the Washington
"National Intelligencer" of December 18.[218] The general facts were
therefore known to the Executive and to the Legislature; and, though
not officially adduced, could not but affect consideration, when the
President, on December 18, 1807, sent a message to Congress
recommending "an inhibition of the departure of our vessels from the
ports of the United States." With his customary exaggerated expression
of attendance upon instructions from Congress, he made no further
definition of wishes which were completely understood by the party
leaders. "The wisdom of Congress will also see the necessity of making
every preparation for whatever events may grow out of the present
crisis." Accompanying the message, as documents justificatory of the
action to be taken, were four official papers. One was the formal
communication to the French Council of Prizes of Napoleon's decision
that goods of English origin were lawful prize on board neutral
vessels; the second was the British proclamation directing the
impressment of British seamen found on board neutr