While Wilkinson was inditing these misleading missives to the President, he was preparing the way for his entry at New Orleans. To the perplexed and alarmed Governor he wrote: "You are surrounded by dangers of which you dream not, and the destruction of the American Government is seriously menaced. The storm will probably burst in New Orleans, where I shall meet it, and triumph or perish!" Just five days later he wrote a letter to the Viceroy of Mexico which proves him beyond doubt the most contemptible rascal who ever wore an American uniform. "A storm, a revolutionary tempest, an infernal plot threatens the destruction of the empire," he wrote; the first object of attack would be New Orleans, then Vera Cruz, then Mexico City; scenes of violence and pillage would follow; let His Excellency be on his guard. To ward off these calamities, "I will hurl myself like a Leonidas into the breach." But let His Excellency remember what risks the writer of this letter incurs, "by offering without orders this communication to a foreign power," and let him reimburse the bearer of this letter to the amount of 121,000 pesos which will be spent to shatter the plans of these bandits from the Ohio.
The arrival of Wilkinson in New Orleans was awaited by friends and foes, with bated breath. The conspirators had as yet no intimation of his intentions: Governor Claiborne was torn by suspicion of this would-be savior, for at the very time he was reading Wilkinson's gasconade he received a cryptic letter from Andrew Jackson which ran, "keep a watchful eye on our General and beware of an attack as well from your own country as Spain!" If Claiborne could not trust "our General," whom could he trust!
The stage was now set for the last act in the drama. Wilkinson arrived in the city, deliberately set Claiborne aside, and established a species of martial law, not without opposition. To justify his course Wilkinson swore to an affidavit based on Burr's letter of the 29th of July and proceeded with his arbitrary arrests. One by one Burr's confederates were taken into custody. The city was kept in a state of alarm; Burr's armed thousands were said to be on the way; the negroes were to be incited to revolt. Only the actual appearance of Burr's expedition or some extraordinary happening could maintain this high pitch of popular excitement and save Wilkinson from becoming the ridiculous victim of his own folly.
On the 10th of January (1807), after an uneventful voyage down the Mississippi, Burr's flotilla reached the mouth of Bayou Pierre, some thirty miles above Natchez. Here at length was the huge armada which was to shatter the Union—nine boats and sixty men! Tension began to give way. People began to recover their sense of humor. Wilkinson was never in greater danger in his life, for he was about to appear ridiculous. It was at Bayou Pierre that Burr going ashore learned that Wilkinson had betrayed him. His first instinct was to flee, for if he should proceed to New Orleans he would fall into Wilkinson's hands and doubtless be court-martialed and shot; but if he tarried, he would be arrested and sent to Washington. Indecision and despair seized him; and while Blennerhassett and other devoted followers waited for their emperor to declare his intention, he found himself facing the acting-governor of the Mississippi Territory with a warrant for his arrest. To the chagrin of his fellow conspirators, Burr surrendered tamely, even pusillanimously.
The end of the drama was near at hand. Burr was brought before a grand jury, and though he once more escaped indictment, he was put under bonds, quite illegally he thought, to appear when summoned. On the 1st of February he abandoned his followers to the tender mercies of the law and fled in disguise into the wilderness. A month later he was arrested near the Spanish border above Mobile by Lieutenant Gaines, in command at Fort Stoddert, and taken to Richmond. The trial that followed did not prove Burr's guilt, but it did prove Thomas Jefferson's credulity and cast grave doubts on James Wilkinson's loyalty.* Burr was acquitted of the charge of treason in court, but he remained under popular indictment, and his memory has never been wholly cleared of the suspicion of treason.
While Captain Bainbridge was eating his heart out in the Pasha's prison at Tripoli, his thoughts reverting constantly to his lost frigate, he reminded Commodore Preble, with whom he was allowed to correspond, that "the greater part of our crew consists of English subjects not naturalized in America." This incidental remark comes with all the force of a revelation to those who have fondly imagined that the sturdy jack-tars who manned the first frigates were genuine American sea-dogs. Still more disconcerting is the information contained in a letter from the Secretary of the Treasury to President Jefferson, some years later, to the effect that after 1803 American tonnage increased at the rate of seventy thousand a year, but that of the four thousand seamen required to man this growing mercantile marine, fully one-half were British subjects, presumably deserters. How are these uncomfortable facts to be explained? Let a third piece of information be added. In a report of Admiral Nelson, dated 1803, in which he broaches a plan for manning the British navy, it is soberly stated that forty-two thousand British seamen deserted "in the late war." Whenever a large convoy assembled at Portsmouth, added the Admiral, not less than a thousand seamen usually deserted from the navy.
The slightest acquaintance with the British navy when Nelson was winning immortal glory by his victory at Trafalgar must convince the most sceptical that his seamen for the most part were little better than galley slaves. Life on board these frigates was well-nigh unbearable. The average life of a seaman, Nelson reckoned, was forty-five years. In this age before processes of refrigeration had been invented, food could not be kept edible on long voyages, even in merchantmen. Still worse was the fare on men-of-war. The health of a crew was left to Providence. Little or no forethought was exercised to prevent disease; the commonest matters of personal hygiene were neglected; and when disease came the remedies applied were scarcely to be preferred to the disease. Discipline, always brutal, was symbolized by the cat-o'-nine-tails. Small wonder that the navy was avoided like the plague by every man and seaman.
Yet a navy had to be maintained: it was the cornerstone of the Empire. And in all the history of that Empire the need of a navy was never stronger than in these opening years of the nineteenth century. The practice of impressing able men for the royal navy was as old as the reign of Elizabeth. The press gang was an odious institution of long standing—a terror not only to rogue and vagabond but to every able-bodied seafaring man and waterman on rivers, who was not exempted by some special act. It ransacked the prisons, and carried to the navy not only its victims but the germs of fever which infested public places of detention. But the press gang harvested its greatest crop of seamen on the seas. Merchantmen were stopped at sea, robbed of their able sailors, and left to limp short-handed into port. A British East Indiaman homeward bound in 1802 was stripped of so many of her crew in the Bay of Biscay that she was unable to offer resistance to a French privateer and fell a rich victim into the hands of the enemy. The necessity of the royal navy knew no law and often defeated its own purpose.
Death or desertion offered the only way of escape to the victim of the press gang. And the commander of a British frigate dreaded making port almost as much as an epidemic of typhus. The deserter always found American merchantmen ready to harbor him. Fair wages, relatively comfortable quarters, and decent treatment made him quite ready to take any measures to forswear his allegiance to Britannia. Naturalization papers were easily procured by a few months' residence in any State of the Union; and in default of legitimate papers, certificates of citizenship could be bought for a song in any American seaport, where shysters drove a thrifty traffic in bogus documents. Provided the English navy took the precaution to have the description in his certificate tally with his personal appearance, and did not let his tongue betray him, he was reasonably safe from capture.
Facing the palpable fact that British seamen were deserting just when they were most needed and were making American merchantmen and frigates their asylum, the British naval commanders, with no very nice regard for legal distinctions, extended their search for deserters to the decks of American vessels, whether in British waters or on the high seas. If in time of war, they reasoned, they could stop a neutral ship on the high seas, search her for contraband of war, and condemn ship and cargo in a prize court if carrying contraband, why might they not by the same token search a vessel for British deserters and impress them into service again? Two considerations seem to justify this reasoning: the trickiness of the smart Yankees who forged citizenship papers, and the indelible character of British allegiance. Once an Englishman always an Englishman, by Jove! Your hound of a sea-dog might try to talk through his nose like a Yankee, you know, and he might shove a dirty bit of paper at you, but he couldn't shake off his British citizenship if he wanted to! This was good English law, and if it wasn't recognized by other nations so much the worse for them. As one of these redoubtable British captains put it, years later: "'Might makes right' is the guiding, practical maxim among nations and ever will be, so long as powder and shot exist, with money to back them, and energy to wield them." Of course, there were hair-splitting fellows, plenty of them, in England and the States, who told you that it was one thing to seize a vessel carrying contraband and have her condemned by judicial process in a court of admiralty, and quite another thing to carry British subjects off the decks of a merchantman flying a neutral flag; but if you knew the blasted rascals were deserters what difference did it make? Besides, what would become of the British navy, if you listened to all the fine-spun arguments of landsmen? And if these stalwart blue-water Britishers could have read what Thomas Jefferson was writing at this very time, they would have classed him with the armchair critics who had no proper conception of a sailor's duty. "I hold the right of expatriation," wrote the President, "to be inherent in every man by the laws of nature, and incapable of being rightfully taken away from him even by the united will of every other person in the nation."
In the year 1805, while President Jefferson was still the victim of his overmastering passion, and disposed to cultivate the good will of England, if thereby he might obtain the Floridas, unforeseen commercial complications arose which not only blocked the way to a better understanding in Spanish affairs but strained diplomatic relations to the breaking point. News reached Atlantic seaports that American merchantmen, which had hitherto engaged with impunity in the carrying trade between Europe and the West Indies, had been seized and condemned in British admiralty courts. Every American shipmaster and owner at once lifted up his voice in indignant protest; and all the latent hostility to their old enemy revived. Here were new orders-in-council, said they: the leopard cannot change his spots. England is still England—the implacable enemy of neutral shipping. "Never will neutrals be perfectly safe till free goods make free ships or till England loses two or three great naval battles," declared the Salem Register.
The recent seizures were not made by orders-in-council, however, but in accordance with a decision recently handed down by the court of appeals in the case of the ship Essex. Following a practice which had become common in recent years, the Essex had sailed with a cargo from Barcelona to Salem and thence to Havana. On the high seas she had been captured, and then taken to a British port, where ship and cargo were condemned because the voyage from Spain to her colony had been virtually continuous, and by the so-called Rule of 1756, direct trade between a European state and its colony was forbidden to neutrals in time of war when such trade had not been permitted in time of peace. Hitherto, the British courts had inclined to the view that when goods had been landed in a neutral country and duties paid, the voyage had been broken. Tacitly a trade that was virtually direct had been countenanced, because the payment of duties seemed evidence enough that the cargo became a part of the stock of the neutral country and, if reshipped, was then a bona fide neutral cargo. Suddenly English merchants and shippers woke to the fact that they were often victims of deception. Cargoes would be landed in the United States, duties ostensibly paid, and the goods ostensibly imported, only to be reshipped in the same bottoms, with the connivance of port officials, either without paying any real duties or with drawbacks. In the case of the Essex the court of appeals cut directly athwart these practices by going behind the prima facie payment and inquiring into the intent of the voyage. The mere touching at a port without actually importing the cargo into the common stock of the country did not alter the nature of the voyage. The crucial point was the intent, which the court was now and hereafter determined to ascertain by examination of facts. The court reached the indubitable conclusion that the cargo of the Essex had never been intended for American markets. The open-minded historian must admit that this was a fair application of the Rule of 1756, but he may still challenge the validity of the rule, as all neutral countries did, and the wisdom of the monopolistic impulse which moved the commercial classes and the courts of England to this decision.*
Had the impressment of seamen and the spoliation of neutral commerce occurred only on the high seas, public resentment would have mounted to a high pitch in the United States; but when British cruisers ran into American waters to capture or burn French vessels, and when British men-of-war blockaded ports, detaining and searching—and at times capturing—American vessels, indignation rose to fever heat. The blockade of New York Harbor by two British frigates, the Cambrian and the Leander, exasperated merchants beyond measure. On board the Leander was a young midshipman, Basil Hall, who in after years described the activities of this execrated frigate.
"Every morning at daybreak, we set about arresting the progress of all the vessels we saw, firing of guns to the right and left to make every ship that was running in heave to, or wait until we had leisure to send a boat on board 'to see,¹ in our lingo, 'what she was made of.' I have frequently known a dozen, and sometimes a couple of dozen, ships lying a league or two off the port, losing their fair wind, their tide, and worse than all their market, for many hours, sometimes the whole day, before our search was completed."*
One day in April, 1806, the Leander, trying to halt a merchantman that she meant to search, fired a shot which killed the helmsman of a passing sloop. The boat sailed on to New York with the mangled body; and the captain, brother of the murdered man, lashed the populace into a rage by his mad words. Supplies for the frigates were intercepted, personal violence was threatened to any British officers caught on shore, the captain of the Leander was indicted for murder, and the funeral of the murdered sailor was turned into a public demonstration. Yet nothing came of this incident, beyond a proclamation by the President closing the ports of the United States to the offending frigates and ordering the arrest of the captain of the Leander wherever found. After all, the death of a common seaman did not fire the hearts of farmers peacefully tilling their fields far beyond hearing of the Leander's guns.
A year full of troublesome happenings passed; scores of American vessels were condemned in British admiralty courts, and American seamen were impressed with increasing frequency, until in the early summer of 1807 these manifold grievances culminated in an outrage that shook even Jefferson out of his composure and evoked a passionate outcry for war from all parts of the country.
While a number of British war vessels were lying in Hampton Roads watching for certain French frigates which had taken refuge up Chesapeake Bay, they lost a number of seamen by desertion under peculiarly annoying circumstances. In one instance a whole boat's crew made off under cover of night to Norfolk and there publicly defied their commander. Three deserters from the British frigate Melampus had enlisted on the American frigate Chesapeake, which had just been fitted out for service in the Mediterranean; but on inquiry these three were proven to be native Americans who had been impressed into British service. Unfortunately inquiry did disclose one British deserter who had enlisted on the Chesapeake, a loud-mouthed tar by the name of Jenkin Ratford. These irritating facts stirred Admiral Berkeley at Halifax to highhanded measures. Without waiting for instructions, he issued an order to all commanders in the North Atlantic Squadron to search the Chesapeake for deserters, if she should be encountered on the high seas. This order of the 1st of June should be shown to the captain of the Chesapeake as sufficient authority for searching her.
On June 22, 1807, the Chesapeake passed unsuspecting between the capes on her way to the Mediterranean. She was a stanch frigate carrying forty guns and a crew of 375 men and boys; but she was at this time in a distressing state of unreadiness, owing to the dilatoriness and incompetence of the naval authorities at Washington. The gundeck was littered with lumber and odds and ends of rigging; the guns, though loaded, were not all fitted to their carriages; and the crew was untrained. As the guns had to be fired by slow matches or by loggerheads heated red-hot, and the ammunition was stored in the magazine, the frigate was totally unprepared for action. Commodore Barron, who commanded the Chesapeake, counted on putting her into fighting trim on the long voyage across the Atlantic.
Just ahead of the Chesapeake as she passed out to sea, was the Leopard, a British frigate of fifty-two guns, which was apparently on the lookout for suspicious merchantmen. It was not until both vessels were eight miles or more southeast of Cape Henry that the movements of the Leopard began to attract attention. At about half-past three in the afternoon she came within hailing distance and hove to, announcing that she had dispatches for the commander. The Chesapeake also hove to and answered the hail, a risky move considering that she was unprepared for action and that the Leopard lay to the windward. But why should the commander of the American frigate have entertained suspicions?
A boat put out from the Leopard, bearing a petty officer, who delivered a note enclosing Admiral Berkeley's order and expressing the hope that "every circumstance... may be adjusted in a manner that the harmony subsisting between the two countries may remain undisturbed." Commodore Barron replied that he knew of no British deserters on his vessel and declined in courteous terms to permit his crew to be mustered by any other officers but their own. The messenger departed, and then, for the first time entertaining serious misgivings, Commodore Barron ordered his decks cleared for action. But before the crew could bestir themselves, the Leopard drew near, her men at quarters. The British commander shouted a warning, but Barron, now thoroughly alarmed, replied, "I don't hear what you say." The warning was repeated, but again Barron to gain time shouted that he could not hear. The Leopard then fired two shots across the bow of the Chesapeake, and almost immediately without parleying further—she was now within two hundred feet of her victim—poured a broadside into the American vessel.
Confusion reigned on the Chesapeake. The crew for the most part showed courage, but they were helpless, for they could not fire a gun for want of slow matches or loggerheads. They crowded about the magazine clamoring in vain for a chance to defend the vessel; they yelled with rage at their predicament. Only one gun was discharged and that was by means of a live coal brought up from the galley after the Chesapeake had received a third broadside and Commodore Barron had ordered the flag to be hauled down to spare further slaughter. Three of his crew had already been killed and eighteen wounded, himself among the number. The whole action lasted only fifteen minutes.
Boarding crews now approached and several British officers climbed to the deck of the Chesapeake and mustered her crew. Among the ship's company they found the alleged deserters and, hiding in the coal-hole, the notorious Jenkin Ratford. These four men they took with them, and the Leopard, having fulfilled her instructions, now suffered the Chesapeake to limp back to Hampton Roads. "For the first time in their history," writes Henry Adams, * "the people of the United States learned, in June, 1807, the feeling of a true national emotion. Hitherto every public passion had been more or less partial and one-sided;... but the outrage committed on the Chesapeake stung through hidebound prejudices, and made democrat and aristocrat writhe alike."
Had President Jefferson chosen to go to war at this moment, he would have had a united people behind him, and he was well aware that he possessed the power of choice. "The affair of the Chesapeake put war into my hand," he wrote some years later. "I had only to open it and let havoc loose." But Thomas Jefferson was not a martial character. The State Governors, to be sure, were requested to have their militia in readiness, and the Governor of Virginia was desired to call such companies into service as were needed for the defense of Norfolk. The President referred in indignant terms to the abuse of the laws of hospitality and the "outrage" committed by the British commander; but his proclamation only ordered all British armed vessels out of American waters and forbade all intercourse with them if they remained. The tone of the proclamation was so moderate as to seem pusillanimous. John Randolph called it an apology. Thomas Jefferson did not mean to have war. With that extraordinary confidence in his own powers, which in smaller men would be called smug conceit, he believed that he could secure disavowal and honorable reparation for the wrong committed; but he chose a frail intermediary when he committed this delicate mission to James Monroe.
It is one of the strange paradoxes of our time that the author of the Declaration of Independence, to whose principle of self-determination the world seems again to be turning, should now be regarded as a self-confessed pacifist, with all the derogatory implications that lurk in that epithet. The circumstances which made him a revolutionist in 1776 and a passionate advocate of peace in 1807 deserve some consideration. The charge made by contemporaries of Jefferson that his aversion to war sprang from personal cowardice may be dismissed at once, as it was by him, with contempt. Nor was his hatred of war merely an instinctive abhorrence of bloodshed. He had not hesitated to wage naval war on the Barbary Corsairs. It is true that he was temperamentally averse to the use of force under ordinary circumstances. He did not belong to that type of full-blooded men who find self-expression in adventurous activity. Mere physical effort without conscious purpose never appealed to him. He was at the opposite pole of life from a man like Aaron Burr. He never, so far as history records, had an affair of honor; he never fought a duel; he never performed active military service; he never took human life. Yet he was not a non-resistant. "My hope of preserving peace for our country," he wrote on one occasion, "is not founded in the Quaker principle of nonresistance under every wrong."
The true sources of Jefferson's pacifism must be sought in his rationalistic philosophy, which accorded the widest scope to the principle of self-direction and self determination, whether on the part of the individual or of groups of individuals. To impose one's will upon another was to enslave, according to his notion; to coerce by war was to enslave a community; and to enslave a community was to provoke revolution. Jefferson's thought gravitated inevitably to the center of his rational universe—to the principle of enlightened self-interest. Men and women are not to be permanently moved by force but by appeals to their interests. He completed his thought as follows in the letter already quoted: "But [my hope of preserving peace is founded] in the belief that a just and friendly conduct on our part will procure justice and friendship from others. In the existing contest, each of the combatants will find an interest in our friendship."
It was a chaotic world in which this philosopher-statesman was called upon to act—a world in which international law and neutral rights had been well-nigh submerged in twelve years of almost continuous war. Yet with amazing self-assurance President Jefferson believed that he held in his hand a master-key which would unlock all doors that had been shut to the commerce of neutrals. He called this master-key "peaceable coercion," and he explained its magic potency in this wise:
"Our commerce is so valuable to them [the European belligerents] that they will be glad to purchase it when the only price we ask is to do us justice. I believe that we have in our hands the means of peaceable coercion; and that the moment they see our government so united as that they can make use of it, they will for their own interest be disposed to do us justice."
The idea of using commercial restrictions as a weapon to secure recognition of rights was of course not original with Jefferson, but it was now to be given a trial without parallel in the history of the nation. Non-importation agreements had proved efficacious in the struggle of the colonies with the mother country; it seemed not unreasonable to suppose that a well-sustained refusal to traffic in English goods would meet the emergency of 1807, when the ruling of British admiralty courts threatened to cut off the lucrative commerce between Europe and the West Indies. With this theory in view, the President and his Secretary of State advocated the NonImportation Bill of April 18, 1806, which forbade the entry of certain specified goods of British manufacture. The opposition found a leader in Randolph, who now broke once and for all with the Administration. "Never in the course of my life," he exclaimed, "have I witnessed such a scene of indignity and inefficiency as this measure holds forth to the world. What is it? A milk-and-water bill! A dose of chicken-broth to be taken nine months hence!... It is too contemptible to be the object of consideration, or to excite the feelings of the pettiest state in Europe." The Administration carried the bill through Congress, but Randolph had the satisfaction of seeing his characterisation of the measure amply justified by the course of events.
With the Non-Importation Act as a weapon, the President was confident that Monroe, who had once more returned to his post in London, could force a settlement of all outstanding differences with Great Britain. To his annoyance, and to Monroe's chagrin, however, he was obliged to send a special envoy to act with Monroe. Factious opposition in the Senate forced the President to placate the Federalists by appointing William Pinkney of Maryland. The American commissioners were instructed to insist upon three concessions in the treaty which they were to negotiate: restoration of trade with enemies' colonies, indemnity for captures made since the Essex decision, and express repudiation of the right of impressment. In return for these concessions, they might hold out the possible repeal of the Non-Importation Act! Only confirmed optimists could believe that the mistress of the seas, flushed with the victory of Trafalgar, would consent to yield these points for so slight a compensation. The mission was, indeed, doomed from the outset, and nothing more need be said of it than that in the end, to secure any treaty at all, Monroe and Pinkney broke their instructions and set aside the three ultimata. What they obtained in return seemed so insignificant and doubtful, and what they paid for even these slender compensations seemed so exorbitant, that the President would not even submit the treaty to the Senate. The first application of the theory of peaceable coercion thus ended in humiliating failure. Jefferson thought it best "to let the negotiation take a friendly nap"; but Madison, who felt that his political future depended on a diplomatic triumph over England, drafted new instructions for the two commissioners, hoping that the treaty might yet be put into acceptable form. It was while these new instructions were crossing the ocean that the Chesapeake struck her colors.
James Monroe is one of the most unlucky diplomats in American history. From those early days when he had received the fraternal embraces of the Jacobins in Paris and had been recalled by President Washington, to the ill-fated Spanish mission, circumstances seem to have conspired against him. The honor of negotiating the purchase of Louisiana should have been his alone, but he arrived just a day too late and was obliged to divide the glory with Livingston. On this mission to England he was not permitted to conduct negotiations alone but was associated with William Pinkney, a Federalist. No wonder he suspected Madison, or at least Madison's friends, of wishing to discredit him. And now another impossible task was laid upon him. He was instructed to demand not only disavowal and reparation for the attack on the Chesapeake and the restoration of the American seamen, but also as "an indispensable part of the satisfaction" "an entire abolition of impressments." If the Secretary of State had deliberately contrived to deliver Monroe into the hands of George Canning, he could not have been more successful, for Monroe had already protested against the Chesapeake outrage as an act of aggression which should be promptly disavowed without reference to the larger question of impressment. He was now obliged to eat his own words and inject into the discussion, as Canning put it, the irrelevant matters which they had agreed to separate from the present controversy. Canning was quick to see his opportunity. Mr. Monroe must be aware, said he, that on several recent occasions His Majesty had firmly declined to waive "the ancient and prescriptive usages of Great Britain, founded on the soundest principles of natural law," simply because they might come in contact with the interests or the feelings of the American people. If Mr. Monroe's instructions left him powerless to adjust this regrettable incident of the Leopard and the Chesapeake, without raising the other question of the right of search and impressment, then His Majesty could only send a special envoy to the United States to terminate the controversy in a manner satisfactory to both countries. "But," added Canning with sarcasm which was not lost on Monroe, "in order to avoid the inconvenience which has arisen from the mixed nature of your instructions, that minister will not be empowered to entertain... any proposition respecting the search of merchant vessels."
One more humiliating experience was reserved for Monroe before his diplomatic career closed. Following Madison's new set of instructions, he and Pinkney attempted to reopen negotiations for the revision of the discredited treaty of the preceding year. But Canning had reasons of his own for wishing to be rid of a treaty which had been drawn by the late Whig Ministry. He informed the American commissioners arrogantly that "the proposal of the President of the United States for proceeding to negotiate anew upon the basis of a treaty already solemnly concluded and signed, is a proposal wholly inadmissible." His Majesty could therefore only acquiesce in the refusal of the President to ratify the treaty. One week later, James Monroe departed from London, never again to set foot on British soil, leaving Pinkney to assume the duties of Minister at the Court of St. James. For the second time Monroe returned to his own country discredited by the President who had appointed him. In both instances he felt himself the victim of injustice. In spite of his friendship for Jefferson, he was embittered against the Administration and in this mood lent himself all too readily to the schemes of John Randolph, who had already picked him as the one candidate who could beat Madison in the next presidential election.
From the point of view of George Canning and the Tory squirearchy whose mouthpiece he was, the Chesapeake affair was but an incident—an unhappy incident, to be sure, but still only an incident—in the world-wide struggle with Napoleon. What was at stake was nothing less than the commercial supremacy of Great Britain. The astounding growth of Napoleon's empire was a standing menace to British trade. The overthrow of Prussia in the fall of 1806 left the Corsican in control of Central Europe and in a position to deal his long premeditated blow. A fortnight after the battle of Jena, he entered Berlin and there issued the famous decree which was his answer to the British blockade of the French channel ports. Since England does not recognize the system of international law universally observed by all civilized nations—so the preamble read—but by a monstrous abuse of the right of blockade has determined to destroy neutral trade and to raise her commerce and industry upon the ruins of that of the continent, and since "whoever deals on the continent in English goods thereby favors and renders himself an accomplice of her designs," therefore the British Isles are declared to be in a state of blockade. Henceforth all English goods were to be lawful prize in any territory held by the troops of France or her allies; and all vessels which had come from English ports or from English colonies were to be confiscated, together with their cargoes. This challenge was too much for the moral equilibrium of the squires, the shipowners, and the merchants who dominated Parliament. It dulled their sense of justice and made them impatient under the pinpricks which came from the United States. "A few short months of war," declared the Morning Post truculently, "would convince these desperate [American] politicians of the folly of measuring the strength of a rising, but still infant and puny, nation with the colossal power of the British Empire." "Right," said the Times, another organ of the Tory Government, "is power sanctioned by usage." Concession to Americans at this crisis was not to be entertained for a moment, for after all, said the Times, they "possess all the vices of their Indian neighbors without their virtues."
In this temper the British Government was prepared to ignore the United States and deal Napoleon blow for blow. An order-in-council of January 7, 1807, asserted the right of retaliation and declared that "no vessel shall be permitted to trade from one port to another, both which ports shall belong to, or be in possession of France or her allies." The peculiar hardship of this order for American shipowners is revealed by the papers of Stephen Girard of Philadelphia, whose shrewdness and enterprise were making him one of the merchant princes of his time. One of his ships, the Liberty, of some 250 tons, was sent to Lisbon with a cargo of 2052 barrels and 220 half-barrels of flour which cost the owner $10.68 a barrel. Her captain, on entering port, learned that flour commanded a better price at Cadiz. To Cadiz, accordingly, he set sail and sold his cargo for $22.50 a barrel, winning for the owner a goodly profit of $25,000, less commission. It was such trading ventures as this that the British order-in-council doomed.
What American shipmasters had now to fear from both belligerents was made startlingly clear by the fate of the ship Horizon, which had sailed from Charleston, South Carolina, with a cargo for Zanzibar. On the way she touched at various South American ports and disposed of most of her cargo. Then changing her destination, and taking on a cargo for the English market, she set sail for London. On the way she was forced to put in at Lisbon to refit. As she left to resume her voyage she was seized by an English frigate and brought in as a fair prize, since—according to the Rule of 1756—she had been apprehended in an illegal traffic between an enemy country and its colony. The British prize court condemned the cargo but released the ship. The unlucky Horizon then loaded with an English cargo and sailed again to Lisbon, but misfortune overtook her and she was wrecked off the French coast. Her cargo was salvaged, however, and what was not of English origin was restored to her owners by decree of a French prize court; the rest of her cargo was confiscated under the terms of the Berlin decree. When the American Minister protested at this decision, he was told that "since America suffers her ships to be searched, she adopts the principle that the flag does not cover the goods. Since she recognizes the absurd blockades laid by England, consents to having her vessels incessantly stopped, sent to England, and so turned aside from their course, why should the Americans not suffer the blockade laid by France? Certainly France recognizes that these measures are unjust, illegal, and subversive of national sovereignty; but it is the duty of nations to resort to force, and to declare themselves against things which dishonor them and disgrace their independence." * But an invitation to enter the European maelstrom and battle for neutral rights made no impression upon the mild-tempered President.
It is as clear as day that the British Government was now determined, under pretense of retaliating upon France, to promote British trade with the continent by every means and at the expense of neutrals. Another order-in-council, November 17, 1807, closed to neutrals all European ports under French control, "as if the same were actually blockaded," but permitted vessels which first entered a British port and obtained a British license to sail to any continental port. It was an order which, as Henry Adams has said, could have but one purpose—to make American commerce English. This was precisely the contemporary opinion of the historian's grandfather, who declared that the "orders-in-council, if submitted to, would have degraded us to the condition of colonists."
Only one more blow was needed, it would seem, to complete the ruin of American commerce. It fell a month later, when Napoleon, having overrun the Spanish peninsula and occupied Portugal, issued his Milan decree of December 17, 1807. Henceforth any vessel which submitted to search by English cruisers, or paid any tonnage duty or tax to the English Government, or sailed to or from any English port, would be captured and condemned as lawful prize. Such was to be the maritime code of France "until England should return to the principles of international law which are also those of justice and honor."
Never was a commercial nation less prepared to defend itself against depredations than the United States of America in this year 1807. For this unpreparedness many must bear the blame, but President Jefferson has become the scapegoat. This Virginia farmer and landsman was not only ignorant and distrustful of all the implements of war, but utterly unfamiliar with the ways of the sea and with the first principles of sea-power. The Tripolitan War seems to have inspired him with a single fixed idea—that for defensive purposes gunboats were superior to frigates and less costly. He set forth this idea in a special message to Congress (February 10, 1807), claiming to have the support of "professional men," among whom he mentioned Generals Wilkinson and Gates! He proposed the construction of two hundred of these gunboats, which would be distributed among the various exposed harbors, where in time of peace they would be hauled up on shore under sheds, for protection against sun and storm. As emergency arose these floating batteries were to be manned by the seamen and militia of the port. What appealed particularly to the President in this programme was the immunity it offered from "an excitement to engage in offensive maritime war." Gallatin would have modified even this plan for economy's sake. He would have constructed only one-half of the proposed fleet since the large seaports could probably build thirty gunboats in as many days, if an emergency arose. In extenuation of Gallatin's shortsightedness, it should be remembered that he was a native of Switzerland, whose navy has never ploughed many seas. It is less easy to excuse the rest of the President's advisers and the Congress which was beguiled into accepting this naive project. Nor did the Chesapeake outrage teach either Congress or the Administration a salutary lesson. On the contrary, when in October the news of the bombardment of Copenhagen had shattered the nerves of statesmen in all neutral countries, and while the differences with England were still unsettled, Jefferson and his colleagues decided to hold four of the best frigates in port and use them "as receptacles for enlisting seamen to fill the gunboats occasionally." Whom the gods would punish they first make mad!
The 17th of December was a memorable day in the annals of this Administration. Favorable tradewinds had brought into American ports a number of packets with news from Europe. The Revenge had arrived in New York with Armstrong's dispatches announcing Napoleon's purpose to enforce the Berlin decree; the Edward had reached Boston with British newspapers forecasting the order-in-council of the 11th of November. This news burst like a bomb in Washington where the genial President was observing with scientific detachment the operation of his policy of commercial coercion. The Non-Importation Act had just gone into effect. Jefferson immediately called his Cabinet together. All were of one mind. The impending order-in-council, it was agreed, left but one alternative. Commerce must be totally suspended until the full scope of these new aggressions could be ascertained. The President took a loose sheet of paper and drafted hastily a message to Congress, recommending an embargo in anticipation of the offensive British order. But the prudent Madison urged that it was better not to refer explicitly to the order and proposed a substitute which simply recommended "an immediate inhibition of the departure of our vessels from the ports of the United States," on the ground that shipping was likely to be exposed to greater dangers. Only Gallatin demurred: he would have preferred an embargo for a limited time. "I prefer war to a permanent embargo," he wrote next day. "Government prohibitions," he added significantly, "do always more mischief than had been calculated." But Gallatin was overruled and the message, in Madison's form, was sent to Congress on the following day. The Senate immediately passed the desired bill through three readings in a single day; the House confirmed this action after only two days of debate; and on the 22d of December, the President signed the Embargo Act.
What was this measure which was passed by Congress almost without discussion? Ostensibly it was an act for the protection of American ships, merchandise, and seamen. It forbade the departure of all ships for foreign ports, except vessels under the immediate direction of the President and vessels in ballast or already loaded with goods. Foreign armed vessels were exempted also as a matter of course. Coasting ships were to give bonds double the value of vessel and cargo to reland their freight in some port of the United States. Historians have discovered a degree of duplicity in the alleged motives for this act. How, it is asked, could protection of ships and seamen be the motive when all of Jefferson's private letters disclose his determination to put his theory of peaceable coercion to a practical test by this measure? The criticism is not altogether fair, for, as Jefferson would himself have replied, peaceable coercion was designed to force the withdrawal of orders-in-council and decrees that menaced the safety of ships and cargoes. The policy might entail some incidental hardships, to be sure, but the end in view was protection of American lives and property. Madison was not quite candid, nevertheless, when he assured the British Minister that the embargo was a precautionary measure only and not conceived with hostile intent.
Chimerical this policy seemed to many contemporaries; chimerical it has seemed to historians, and to us who have passed through the World War. Yet in the World War it was the possession of food stuffs and raw materials by the United States which gave her a dominating position in the councils of the Allies. Had her commerce in 1807 been as necessary to England and France as it was "at the very peak" of the World War, Thomas Jefferson might have proved that peaceable coercion is an effective alternative to war; but he overestimated the magnitude and importance of the carrying trade of the United States, and erred still more grievously in assuming that a public conscience existed which would prove superior to the temptation to evade the law. Jefferson dreaded war quite as much because of its concomitants as because of its inevitable brutality, quite as much because it tended to exalt government and to produce corruption as because it maimed bodies and sacrificed human lives. Yet he never took fully into account the possible accompaniments of his alternative to war. That the embargo would debauch public morals and make government arbitrary, he was to learn only by bitter experience and personal humiliation.
Just after the passage of this momentous act, Canning's special envoy, George Rose, arrived in the United States. A British diplomat of the better sort, with much dignity of manner and suave courtesy, he was received with more than ordinary consideration by the Administration. He was commissioned, every one supposed, to offer reparation for the Chesapeake affair. Even after he had notified Madison that his instructions bade him insist, as an indispensable preliminary, on the recall of the President's Chesapeake proclamation, he was treated with deference and assured that the President was prepared to comply, if he could do so without incurring the charge of inconsistency and disregard of national honor. Madison proposed to put a proclamation of recall in Rose's hands, duly signed by the President and dated so as to correspond with the day on which all differences should be adjusted. Rose consented to this course and the proclamation was delivered into his hands. He then divulged little by little his further instructions, which were such as no self-respecting administration could listen to with composure. Canning demanded a formal disavowal of Commodore Barron's conduct in encouraging deserters from His Majesty's service and harboring them on board his ship. "You will state," read Rose's instructions, "that such disavowals, solemnly expressed, would afford to His Majesty a satisfactory pledge on the part of the American Government that the recurrence of similar causes will not on any occasion impose on His Majesty the necessity of authorizing those means of force to which Admiral Berkeley has resorted without authority, but which the continued repetition of such provocations as unfortunately led to the attack upon the Chesapeake might render necessary, as a just reprisal on the part of His Majesty." No doubt Rose did his best to soften the tone of these instructions, but he could not fail to make them clear; and Madison, who had conducted these informal interviews, slowly awoke to the real nature of what he was asked to do. He closed further negotiations with the comment that the United States could not be expected "to make, as it were, an expiatory sacrifice to obtain redress, or beg for reparation." The Administration determined to let the disavowal of Berkeley suffice for the present and to allow the matter of reparation to await further developments. The coercive policy on which the Administration had now launched would, it was confidently believed, bring His Majesty's Government to terms.
The very suggestion of an embargo had an unexpected effect upon American shipmasters. To avoid being shut up in port, fleets of ships put out to sea half-manned, half-laden, and often without clearance papers. With freight rates soaring to unheard-of altitudes, ship-owners were willing to assume all the risks of the sea—British frigates included. So little did they appreciate the protection offered by a benevolent government that they assumed an attitude of hostility to authority and evaded the exactions of the law in every conceivable way. Under guise of engaging in the coasting trade, many a ship landed her cargo in a foreign port; a brisk traffic also sprang up across the Canadian border; and Amelia Island in St. Mary's River, Florida, became a notorious mart for illicit commerce. Almost at once Congress was forced to pass supplementary acts, conferring upon collectors of ports powers of inspection and regulation which Gallatin unhesitatingly pronounced both odious and dangerous. The President affixed his signature ruefully to acts which increased the army, multiplied the number of gunboats under construction, and appropriated a million and a quarter dollars to the construction of coast defenses and the equipment of militia. "This embargo act," he confessed, "is certainly the most embarrassing we ever had to execute. I did not expect a crop of so sudden and rank growth of fraud and open opposition by force could have grown up in the United States."
The worst feature of the experiment was its ineffectiveness. The inhibition of commerce had so slight an effect upon England that when Pinkney approached Canning with the proposal of a quid pro quo—the United States to rescind the embargo, England to revoke her orders-in-council—he was told with biting sarcasm that "if it were possible to make any sacrifice for the repeal of the embargo without appearing to deprecate it as a measure of hostility, he would gladly have facilitated its removal AS A MEASURE OF INCONVENIENT RESTRICTION UPON THE AMERICAN PEOPLE." By licensing American vessels, indeed, which had either slipped out of port before the embargo or evaded the collectors, the British Government was even profiting by this measure of restriction. It was these vagrant vessels which gave Napoleon his excuse for the Bayonne decree of April 17, 1808, when with a stroke of the pen he ordered the seizure of all American ships in French ports and swept property to the value of ten million dollars into the imperial exchequer. Since these vessels were abroad in violation of the embargo, he argued, they could not be American craft but must be British ships in disguise. General Armstrong, writing from Paris, warned the Secretary of State not to expect that the embargo would do more than keep the United States at peace with the belligerents. As a coercive measure, its effect was nil. "Here it is not felt, and in England... it is forgotten."
Before the end of the year the failure of the embargo was patent to every fair-minded observer. Men might differ ever so much as to the harm wrought by the embargo abroad; but all agreed that it was not bringing either France or England to terms, and that it was working real hardship at home. Federalists in New England, where nearly one-third of the ships in the carrying trade were owned, pointed to the schooners "rotting at their wharves," to the empty shipyards and warehouses, to the idle sailors wandering in the streets of port towns, and asked passionately how long they must be sacrificed to the theories of this charlatan in the White House. Even Southern Republicans were asking uneasily when the President would realize that the embargo was ruining planters who could not market their cotton and tobacco. And Republicans whose pockets were not touched were soberly questioning whether a policy that reduced the annual value of exports from $108,000,000 to $22,000,000, and cut the national revenue in half, had not been tested long enough.
Indications multiplied that "the dictatorship of Mr. Jefferson" was drawing to a close. In 1808, after the election of Madison as his successor, he practically abdicated as leader of his party, partly out of an honest conviction that he ought not to commit the President-elect by any positive course of action, and partly no doubt out of a less praiseworthy desire not to admit the defeat of his cherished principle. His abdication left the party without resolute leadership at a critical moment. Madison and Gallatin tried to persuade their party associates to continue the embargo until June, and then, if concessions were not forthcoming, to declare war; but they were powerless to hold the Republican majority together on this programme. Setting aside the embargo and returning to the earlier policy of non-intercourse, Congress adopted a measure which excluded all English and French vessels and imports, but which authorized the President to renew trade with either country if it should mend its ways. On March 1, 1809, with much bitterness of spirit, Thomas Jefferson signed the bill which ended his great experiment. Martha Jefferson once said of her father that he never gave up a friend or an opinion. A few months before his death, he alluded to the embargo, with the pathetic insistence of old age, as "a measure, which, persevered in a little longer... would have effected its object completely."