CHAPTER XIX

WAR WITH ENGLAND

In May, 1811, there occurred one of those accidents which happen on

purpose, and often serve as a relief when the public temper is in an

exasperated and almost dangerous condition. This was the fight between

the American frigate President, of forty-four guns, and the English

sloop-of-war Little Belt, of eighteen guns. This vessel belonged to the

British squadron which was ordered to the American coast to break up the

trade from the United States to France; and the President was one of the

few ships the government had for the protection of its commerce. The

ships met a few miles south of Sandy Hook, chased each other in turn,

then fired into each other without any reasonable pretext for the first

shot, which each accused the other of having fired. The loss on board

the English ship, in an encounter which lasted only a few minutes, was

over thirty in killed and wounded, while only a single man was slightly

wounded on board the President. It was, as Mr. Madison said, an

"occurrence not unlikely to bring on repetitions," and that these would

"probably end in an open rupture or a better understanding, as the

calculations of the British government may prompt or dissuade from war."

This certainly was obvious enough; though it would be a great deal

easier for England to bring on a war than to avert it, in the angry mood

in which the majority of the Democratic party then was. But Mr. Madison

preserved his equanimity. Considering his old proclivity for France, and

his old dislike of England, his impartiality between them is rather

remarkable. But his aim was still to keep the peace while he abated

nothing of the well-founded complaints he had against both powers. When

a new Congress assembled in the autumn he was careful to point out in

his message the delinquencies of France as well as the offenses of

England. He insisted that while England should have acknowledged the

Berlin and Milan decrees to be revoked and have acted accordingly,

France showed no disposition to repair the many wrongs she had inflicted

upon American merchants, and had lately imposed such "rigorous and

unexpected restrictions" upon commerce that it would be necessary,

unless they were speedily discontinued, to meet them by "corresponding

restrictions on importations from France."

This tone is even more pronounced in his letters for some following

months. If anything, it is France rather than England that seems to be

looked upon as the chief offender, with whom there was the greater

danger of armed collision. A fortnight after Congress had assembled he

wrote to Barlow, the new minister to France, that though justified in

assuming the French decrees to be so far withdrawn that a withdrawal of

the British orders might be looked for, "yet the manner in which the

French government has managed the repeal of the decrees, and evaded a

correction of other outrages, has mingled with the conciliatory tendency

of the repeal as much of irritation and disgust as possible." "In fact,"

he adds, "without a systematic change from an appearance of crafty

contrivance and insatiate cupidity, for an open, manly, and upright

dealing with a nation whose example demands it, it is impossible that

good-will can exist; and that the ill-will which her policy aims at

directing against her enemy should not, by her folly and iniquity, be

drawn off against herself." French depredations upon American commerce

in the Baltic were "kindling a fresh flame here," and, if they were not

stopped, "hostile collisions will as readily take place with one nation

as the other;" nor would there be any hesitation in sending American

frigates to that sea, "with orders to suppress by force the French and

Danish depredations," were it not for the "danger of rencounters with

British ships of superior force in that quarter."

By this time, however, Congress, under the lead of younger, vigorous

men--chief among them Clay and Calhoun--panting for leadership and

distinction, was beginning its clamor for war with England. How much

respect had Madison for this movement, and how much faith in it? A

letter to Jefferson of February 7 answers both questions. Were he not

evidently amused, he would seem to be contemptuous. "To enable the

Executive to step at once into Canada," he says, "they have provided,

after two months' delay, for a regular force requiring twelve to raise

it, and after three months for a volunteer force, on terms not likely to

raise it at all for that object. The mixture of good and bad, avowed and

disguised motives, accounting for these things, is curious enough, but

not to be explained in the compass of a letter." This is not the tone of

either hope or fear. If war was in his mind at that time, it was not war

with England. Three weeks later he writes to Barlow at Paris. On various

points of negotiation between that minister and the French government,

he observes much that "suggests distrust rather than expectation." He

complains of delay, of vagueness, of neglect, of discourtesy, of a

disregard of past obligations as to the liberation of ships and cargoes

seized, and of late condemnations of ships captured in the Baltic; and

concerning all these and other grievances he says: "We find so little of

explicit dealing or substantial redress mingled with the compliments and

encouragements, which cost nothing because they mean nothing, that

suspicions are unavoidable; and if they be erroneous, the fault does not

lie with those who entertain them." He believed that France, in asking

for a new treaty, which he thinks unnecessary, is only seeking to gain

time in order to take advantage of future events. The commercial

relations between the two countries are so intolerable that trade "will

be prohibited if no essential change take place." Unless there be

indemnity for the great wrongs committed under the Rambouillet decree,

and for other spoliations, he declares that "there can be neither

cordiality nor confidence here; nor any restraint from self-redress in

any justifiable mode of effecting it." The letter concludes with the

emphatic assertion that, if dispatches soon looked for "do not exhibit

the French government in better colors than it has yet assumed, there

will be but one sentiment in this country; and I need not say what that

will be."

Congress all this while was lashing itself into fury against England.

The ambitious young leaders of the Democratic party in the House were,

so to speak, "spoiling for a fight," and they chose to have it out with

England rather than with France. Not that there was not quite as much

reason for resentment against France as against England. Some, indeed,

of the more hot-headed were anxious for war with both; but these were of

the more impulsive kind, like Henry Clay, who laughed in scorn at the

doubt that he could not at a blow subdue the Canadas with a few

regiments of Kentucky militia. But war with England was determined upon,

partly because the old enmity toward her made that intolerable which to

the old affection for France was a burden lightly borne; and partly

because the instinctive jealousy of the commercial interest, on the part

of the planter-interest, preferred that policy which would do the most

harm to the North. On April 1, 1812, just five weeks after the writing

of this letter to Barlow, Mr. Madison sent to Congress a message of five

lines recommending the immediate passage of an act to impose "a general

embargo on all vessels now in port or hereafter arriving for the period

of sixty days." It was meant to be a secret measure; but the intention

leaked out in two or three places, and the news was hurried North by

several of the Federalist members in time to enable some of their

constituents to send their ships to sea before the act was passed. Nor,

probably, was it a surprise to anybody; for war with England had been

the topic of debate in one aspect or another all winter, and the purpose

of the party in power was plain to everybody. That the embargo was

intended as a preparation for war was frankly acknowledged. An act was

speedily passed, though the period was extended from sixty to ninety

days. Within less than sixty days, however, another message from the

President recommended a declaration of war. On June 3 the Committee on

Foreign Relations, of which Calhoun was chairman, reported in favor of

"an immediate appeal to arms," and the next day a declaratory act was

passed. Of the seventy-nine affirmative votes in the House, forty-eight

were from the South and West, and of the other thirty-one votes from the

Northern States, fourteen were from Pennsylvania alone. Of the

forty-nine votes against it, thirty-four were from the Northern States,

including two from Pennsylvania. On the 17th, a fortnight later, the

bill was got through the Senate by a majority of six.

Mr. Madison for years had opposed a war with England as unwise and

useless,--unwise, because the United States was not in a condition to go

to war with the greatest naval power in the world; and useless, because

the end to be reached by war could be gained more certainly, and at

infinitely less cost, by peaceful measures. The situation had not

changed. Indeed, up to within a month of the message recommending an

embargo as a precursor of war, his letters show that, if he thought war

was inevitable, it must be with France, not England. But the faction

determined upon war must have at their command an administration to

carry out that policy. Their choice was not limited to Madison for an

available candidate. Whoever was nominated by the Democrats was sure to

be chosen, and Madison had two formidable rivals in James Monroe,

secretary of state, and De Witt Clinton, mayor of New York, both eager

for war. The choice depended on that question and between the embargo

message of April 1 and the war message of June 1, the nomination was

given to Madison by the congressional caucus. It was understood, and

openly asserted at the time by the opponents of the administration,

that the nomination was the price of a change of policy. At the next

session of Congress, before a year had passed away, Mr. Quincy said in

the House: "The great mistake of all those who reasoned concerning the

war and the invasion of Canada, and concluded that it was impossible

that either should be seriously intended, resulted from this, that they

never took into consideration the connection of both those events with

the great election for the chief magistracy which was then pending. It

was never sufficiently considered by them that plunging into a war with

Great Britain was among the conditions on which the support for the

presidency was made dependent." The assertion, so plainly aimed at

Madison, passed unchallenged, though the charge of any distinct bargain

was vehemently denied.

If Mr. Madison's conscience was not always vigorous enough to enable him

to resist temptation, it was so sensitive as to prompt him to look for

excuses for yielding. In a sense this was to his credit as one of the

better sort of politicians, without assuming it to be akin to that

hypocrisy which is the homage vice pays to virtue. Perhaps it was this

sentiment which led him to accept so readily the pretended disclosures

of John Henry, and to make the use of them he did. These were contained

in twenty-four letters, for which the President, apparently without

hesitation, paid fifty thousand dollars. On March 9 he sent them to

Congress with a message, and on the same day, in a letter to Jefferson,

alludes to them as "this discovery, or rather formal proof of the

cooperation between the Eastern Junto and the British cabinet." In the

message he intimates that this secret agent was sent directly by the

British government to Massachusetts to foment disaffection, to intrigue

"with the disaffected for the purpose of bringing about resistance to

the laws, and eventually, in concert with a British force, of destroying

the Union" and reannexing the Eastern States to England. In the war

message of June 1 these charges are repeated as among the reasons for an

appeal to arms. Mr. Calhoun's committee followed this lead and improved

upon it in the report recommending an immediate declaration of war. The

Henry affair was declared an "act of still greater malignity" than any

of the other outrages against the United States of which Great Britain

had been guilty, and that which "excited the greatest horror." The

incident was seized upon, apparently, to answer a temporary purpose, and

then, so far as Mr. Madison was concerned, was permitted to sink into

oblivion. In the hundreds of pages of his published letters, written in

later life, in which he reviews and explains so many of the events of

his public career, there is no allusion whatever to the Henry

disclosures, which in 1812 were held, with the ruin of American commerce

and the impressment of thousands of American citizens, as an equally

just cause for war. In truth there was nothing whatever in these

disclosures, for which was paid an amount equal to the salary of half a

presidential term, to warrant the assumptions of either Mr. Madison's

messages or Mr. Calhoun's report. The man had been sent, at his own

suggestion, early in 1809, by the governor of Canada to Massachusetts to

learn the state of affairs there and observe the drift of public

opinion. His national proclivity--he was an Irishman--to conspiracy and

revolution had led him to see in the dissatisfaction with the embargo a

determination in the New England people to destroy the Union, reannex

themselves to England, and return to the flesh-pots of the colonial

period. To learn how far gone they were in these designs, to put himself

in intimate relations with the leading conspirators and to bring them

into communication with Sir James Craig, the governor-general of Canada,

that sufficient aid should come through him at the proper moment from

the British government, was Henry's mission. Of this truly Irish plot

Henry was the villain and Craig the fool; but it is hardly possible that

three years afterward Madison and his friends, with all the letters

spread before them, could really have been the dupes.

Henry went to Boston and remained there about three months, living at a

tavern. He found out nothing because there was nothing to be found out.

He knew nobody, and nobody of any note knew him, and all the information

he sent to Craig might have been, and doubtless was, picked up in the

ordinary political gossip of the tavern barroom, or culled from the

columns of the newspapers of both parties. He compromised nobody,

for--as Mr. Monroe, as secretary of state, testified in a report to the

Senate--he named no person or persons in the United States who had, "in

any way or manner whatever, entered into or countenanced the project or

views" of himself and Craig; and all he had to say was pointless and

unimportant, except so far as his opinions might have some interest as

those of a shrewd observer of public events. Indeed, his own conclusion

was that there was no conspiracy in the Eastern States; that the Federal

party was strong enough to keep the peace with England; and that there

was no talk of disunion, nor any likelihood of it unless it should be

brought about by war. The correspondence itself showed, in a letter from

Robert Peel, then secretary to Lord Liverpool, that the letters of Henry

were found, as a matter of course, among Canadian official papers, as

they related to public affairs; but they had either never attracted any

attention or had been entirely forgotten, and Lord Liverpool was quite

ignorant of any "arrangement or agreement" that had been made between

the governor of Canada and his emissary to New England. It was only

because of his failure to get any reward from the British government or

from Craig's successor in Canada, for what he was pleased to call his

services, that the adventurer came to Washington in search of a market

for himself and his papers. He came at an opportune moment.

Notwithstanding the secretary of state frankly declared, that neither by

writing nor by word of mouth did the man implicate by name anybody in

the United States; notwithstanding one of the letters was evidence, the

more conclusive because incidental, that the British secretary of state

had known nothing of this mission contrived between Henry and

Craig,--yet Mr. Madison pronounced the letters to be the "formal proof

of the cooperation between the Eastern Junto and the British cabinet."

The charge was monstrous, for this pretended proof had no existence. If

the President, however, could persuade himself that the story was true,

it would help him to justify himself to himself for a change of policy,

the result of which would be the coveted renomination for the

presidency.

Not that there had never been talk of disunion in New England. There had

been in years past, as there was to be in years to come. But talk of

that kind did not belong exclusively to that particular period, nor was

it confined to that particular region of country. Ever since the

adoption of the Constitution the one thing that orators, North and

South, inside the halls of Congress and outside them, were agreed upon

was, that in all debate there was one argument, equally good on both

sides, to which there could be no reply; that in all legislation there

was one possible supreme move that would bring all the wheels of

government to a dead stop. The solemn warning or the angry threat was

always in readiness for instant use, that the bonds of the Union, in one

or another contingency, were to be rent asunder. But so frequent had

been these warning cries of the coming wolf that they were listened to

with indifference, except when some positive act indicated real danger,

as in the Jefferson-Madison "resolutions of '98." It was easy,

therefore, to alarm the public with confessions of a secret emissary, as

he pretended, who had turned traitor to the government which had

employed him and to the conspirators to whom he had been sent; and the

more reprehensible was it, therefore, in a President of the United

States, to make the use that was made of this story, which an impartial

examination would have shown was essentially absurd and infamously

false. Mr. Madison's intelligence is not to be impugned. He was too

sagacious, as well as too unimpassioned a man, to be taken in by the

ingenious tale of such an adventurer as Henry. In a letter to Colonel

David Humphreys, written the next spring, in defense of the policy of

commercial restrictions, he says: "I have never allowed myself to

believe that the Union was in danger, or that a dissolution of it could

be desired, unless by a few individuals, if such there be, in desperate

situations or of unbridled passions." New England, he continues, "would

be the greatest loser by such an event, and not likely therefore

deliberately to rush into it." "On what basis," he asks, "could New

England and Old England form commercial stipulations?" Their commercial

jealousy, he contends, forbade an alliance between them, for that was

"the real source of our Revolution." He closes with the significant

assertion that, "if there be links of common interest between the two

countries, they would connect the Southern and not the Northern States

with that part of Europe." How, then, could he seriously accept Henry's

pretended disclosures as "formal proof," as he wrote to Jefferson at

that time, "of the cooperation between the Eastern Junto and the British

cabinet"? By the Eastern Junto is meant the Federal party, or at least

the influential and able leaders of that party; and he could not

consider, nor would he have spoken of them as "a few individuals, if

such there be, in desperate situations or of unbridled passions." He

accepted, then, the Henry story in spite of his deliberate opinions, as

a help to involve the country in a party war.

Even at the risk of some prolixity it is needful to follow the course of

events that led to this war a little farther; for here was the

culmination of Mr. Madison's career, and from his course in shaping and

directing these events we best learn what manner of man he was, and

where his true place is among the public men of our earlier history. For

a year and a half the United States had acted on the assumption that

France had recalled her decrees, and that England had not revoked her

orders. The extracts from Mr. Madison's letters, given on previous

pages, show his conviction that the revocation of either decrees or

orders was practically no more true of one power than it was of the

other. The government of the United States, nevertheless, submitted to

the one, and against the other it first reenacted the non-intercourse

act, then proclaimed an embargo preparatory to war, and finally declared

war. Yet the whole world knew, and nobody so surely as the emperor of

France, that the Berlin and Milan decrees had never been formally

repealed at all; meanwhile French outrages upon American commerce had

continued, and all redress so persistently refused that, so late as the

last week in February, 1812, the President intimated that war--war with

France, not England--might prove the only remedy. But he suddenly

yielded to the clamors of the war party at home, whatever may have been

his motive. Then, and not till then, were the decrees actually revoked

by Napoleon. In May, 1812, more than a month after the President had

recommended an embargo, the hostile purport of which was so well

understood, a decree was proclaimed by the emperor which for the first

time really revoked those of Berlin and Milan. True, it was

dated--"purported to be dated," it was said in an official English

document--April, 1811. But that was of no moment; the essential point

was, that it had never seen the light; that any hint of its existence

had never been given to the American government, or its representatives

abroad, till the United States had taken measures to "cause their rights

to be respected by the English," which was the original condition of a

revocation of the decrees. Its ostensible date was when the news reached

France that non-intercourse had been again enforced against England in

March, 1811; but its promulgation was to all intents and purposes the

real date, when news reached France, in April or May, 1812, that war

against England was finally determined upon.

The Duke of Bassano, the French minister, had not, moreover, brought out

this year-old decree without pressure from the American minister,

Barlow. The President had written Barlow, in that February letter

already quoted, that if his expected dispatches did not "exhibit the

conduct of the French government in better colors than it has yet

assumed, there will be but one sentiment in this country, and I need not

say what that will be." When the dispatches came, Mr. Madison received

no assurances of redress for past wrongs and no promises for the future;

but he learned, on the contrary, that Bassano, in a recent report to the

emperor, had referred to the decrees of Berlin and Milan as still in

force against all neutral nations which submitted to the seizure of

their ships by the British when containing contraband goods or enemy's

property. Naturally the British ministry was not slow in presenting this

precious acknowledgment to the United States as a proof that she had all

along been in the wrong, and that in common justice to England the

non-importation act should now be repealed. The assurance was at the

same time repeated, possibly in a tone of considerable satisfaction,

that when Napoleon really should revoke his decrees Great Britain was

ready, as she always had been, to follow his example with her orders. It

was an awkward dilemma for the President and his minister to France. But

by this time, the Presidential nomination impending, Mr. Madison had

made up his mind what to do. He was not exactly a wolf; neither was

Great Britain a lamb; but the argument he used was the argument of the

fable. Instead of advising--Bassano having declared the decrees still in

force--a repeal of the non-importation act, as Great Britain claimed was

in justice and comity her due, he recommended a war measure. But Barlow

evidently felt himself to be under some decent restraint of logic and

consistency. He urged upon the French minister the necessity now of a

positive and imperial declaration that the decrees, so far as regarded

the United States, were absolutely revoked; for this recent assertion of

Bassano, that they were still in force, put the United States in an

attitude both towards France and England utterly and absurdly in the

wrong. Barlow represented that, should the revocation be extended only

to the United States, Great Britain would not for that alone repeal her

orders. In that case France would lose nothing of the advantage of her

present position, while everything would be lost should the United

States be compelled to repeal her non-importation laws against England.

Bassano was quick to see the necessity of jumping into the bramble-bush

and scratching his eyes in again, and he then produced his year-old

edict. Being a year old, it of course covered all questions. But was it

a year old? Who knew? It had never been published? No, the duke said;

but it had been shown to Mr. Jonathan Russell, who at that time was

charge d'affaires at Paris. Mr. Russell denied it, though a denial was

hardly needed. He would not have ventured to withhold information so

important from his government; and it was evident, from the tone of his

dispatches of a subsequent date, that he had no suspicion of its

existence. For he had maintained it, as a point of "national honor,"

that the revocation of the French decrees must have preceded the

President's proclamation of November 1, 1810; and this he would not have

dared to do had he known that the actual revocation by the French

minister was not made till six months after the date of the President's

proclamation, and was then made secretly.

However, as if to defeat all these machinations of France and the United

States, Great Britain immediately recalled her orders in council, when,

in May, 1812, the Duke of Bassano announced the edict of April, 1811,

revoking the Berlin and Milan decrees, though so far only as they

concerned American vessels. The declaration of war of June 18 had not

reached England, and there was still a chance for peace. Foster, the

late English minister to the United States, learned at Halifax--where he

had stopped on his way home--that the orders in council were repealed,

and he took immediate steps to bring about an armistice between the

naval commanders on the coast of Nova Scotia, and between the governor

of Canada and the American general, Dearborn, in command of the

frontier. The government at Washington, however, refused to ratify any

suspension of hostilities. Some negotiations followed, but, decrees and

orders being out of the way, there was nothing left to negotiate about

except the question of impressment. Upon that question the two

governments were as wide apart as ever, and not in the least likely to

come together. Mr. Madison determined that on that ground alone the war

should go on. It had been as good and sufficient ground for such a war

any time for the past dozen years; but whether it could be settled by an

appeal to arms was a question of possibilities and probabilities by

which both Jefferson and Madison had hitherto been ruled. Was that still

the essential question? With the result came the answer. Two years later

the administration was glad to accept a treaty of peace in which

impressment was not even alluded to. Great Britain did not relinquish by

a syllable her assumed right to board American ships in search of

British seamen; and the administration instructed its peace

commissioners not even to ask that she should.

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