CHAPTER II.

THE diplomatic insolvency inherited from Merry, Rose, Erskine, and

Jackson became more complete with every year that passed; and even

while Foster was on the ocean, a new incident occurred, which if it did

not prove a catastrophe to be inevitable, showed at least how small was

his chance of averting it.

On the renewal of trade between America and France, the British navy

renewed its blockade of New York. If nothing more had happened, the

recurrence of this vexation would alone have gone far to destroy the

hopes of diplomacy; but this was not all.

The “Melampus” reappeared, having for a companion the “Guerriere,”

commanded by Captain Dacres, and supposed to be one of the best British

frigates of her class. Early in May, when Foster sailed from England,

these cruisers, lying off Sandy Hook, began to capture American vessels

bound for France, and to impress American sailors at will. No sooner

did these complaints reach Washington than Secretary Hamilton, May

6,[30] ordered Commodore John Rodgers, whose flag-ship, the 44-gun

frigate “President,” was lying at Annapolis, to sail at once to

protect American commerce from unlawful interference by British and

French cruisers. Rodgers sailed from Annapolis May 10, and May 14

passed the capes. The scene of the “Chesapeake’s” unredressed outrage

lay some fifteen or twenty miles to the southward, and the officers and

crew of the “President” had reason to think themselves expected to lose

no fair opportunity of taking into their own hands the redress which

the British government denied. For the past year Rodgers had carried

orders “to vindicate the injured honor of our navy and revive the

drooping spirits of the nation; ... to maintain and support at any risk

and cost the honor” of his flag; and these orders were founded chiefly

on “the inhuman and dastardly attack on our frigate ‘Chesapeake,’--an

outrage which prostrated the flag of our country, and has imposed on

the American people cause of ceaseless mourning.”[31]

Rodgers was bound for New York, but on the morning of May 16 was still

about thirty miles from Cape Charles and eighteen miles from the coast,

when toward noon he saw a ship to the eastward standing toward him

under a press of canvas. As the vessel came near, he could make her out

from the shape of her upper sails to be a man-of-war; he knew of no

man-of-war except the “Guerriere” on the coast; the new-comer appeared

from the quarter where that frigate would be looked for, and Rodgers

reasoned that in all probability she was the “Guerriere.” He decided

to approach her, with the object of ascertaining whether a man named

Diggio, said to have been impressed a few days before by Captain Dacres

from an American brig, was on board. The spirit of this inquiry was

new.

Until quarter before two o’clock in the afternoon the ships stood

toward each other. The stranger showed no colors, but made signals,

until finding them unanswered, she changed her course and stood to the

southward. Rodgers then made sail in chase, his colors and pennant

flying. At half-past three, the stranger’s hull began to be visible

from the “President’s” deck, but as the wind failed the American

frigate gained less rapidly. In latitude 37° the sun, May 16, sets

at seven o’clock, and dusk comes quickly on. At quarter-past seven

the unknown ship again changed her course, and lay to, presenting

her broadside to the “President,” and showing colors, which in the

gathering twilight were not clearly seen. The ship had the look of a

frigate.

At quarter before eight, Rodgers ordered his acting commandant to bring

the “President” to windward of the supposed frigate within speaking

distance,--a manœuvre which naturally caused the stranger uneasiness,

so that she wore three times to prevent the “President” from getting

under her stern. At half-past eight, according to the American

account,--at quarter-past eight, according to the British story,--the

“President” rounded to, within pistol-shot. On both ships every gun in

the broadside was run out and trained on the opposite vessel, and out

of every port a dozen eyes were strained to catch sight, through the

dusk, of what passed in the stranger.

By the dim light Rodgers saw the supposed “Guerriere,” her

main-top-sail to the mast, waiting with apparent confidence the next

act of the audacious American frigate which had chased a British

man-of-war all day, and had at last run up close to windward,--a

manœuvre which British frigates were disposed to resent. To this

point the reports showed no great disagreement; but in regard to what

followed, one story was told by Rodgers and all his ship’s company,

while a wholly different story was told by the British captain and his

officers.

Rodgers reported that while rounding to, he hailed the unknown vessel

through his trumpet, calling out: “What ship is that?” The question,

“What ship is that?” was immediately echoed back. Rodgers had time

to tell his acting captain that the “President” was forging too fast

ahead, before he hailed again: “What ship is that, I say?” Instantly

a flash was seen from the dark where the stranger’s hull lay, and a

double report told that the ball had struck the “President,” lodging

in the mainmast. Taken by surprise, Rodgers turned to his commandant

of marines and asked, “What the devil was that?” but before he gave an

order his third lieutenant, Alexander James Dallas, who was watching

at the first port forward of the gangway and saw the flash, leaped to

one of the guns in his division and discharged it. The “Chesapeake’s”

disaster had done away with the old-fashioned logger-heads and matches;

the “President’s” guns were fitted with locks, and were discharged in

an instant. Immediately afterward three guns were fired by the enemy,

and the report of muskets was heard. Then Rodgers gave the order to

fire, and the “President” opened with a whole broadside, followed

by another. In about five minutes the enemy seemed to be silenced,

and Rodgers gave the order to cease firing; but some three minutes

afterward the stranger opened again, and the “President” resumed fire

until she desisted. From the “President’s” deck enough could be seen

of the enemy’s behavior to prove that whoever she might be, she was

not the “Guerriere;” and Rodgers then made the remark that either she

had received some unfortunate shot at the outset, or she was a vessel

of force very inferior to what he had taken her for,--although she was

still supposed to be nothing less than a 36-gun frigate. Disabled she

certainly was, for she lay ungovernable, with her bow directly under

the “President’s” broadside.

Rodgers hailed once more, and understood the stranger to answer that

she was a British ship-of-war in great distress. At nine o’clock at

night the “President” began to repair damages, and beat about within

reach, on different tacks, with lights displayed, until daybreak, when

she ran down to the British vessel, and sent a boat on board. Then at

last Rodgers learned, certainly to his great disappointment, that he

had been fighting a single-decked vessel of less than half his force.

His mistake was not so surprising as it seemed. The British cruiser

might easily at a distance, or in the dark, be taken for a frigate. Her

great length; her poop, top-gallants, forecastle; her deep bulwarks;

the manner of stowing her hammocks; and room on each side to mount

three more guns than she actually carried,--were decisive to any one

who could not see that she carried but one tier of guns.[32]

Captain Bingham of the “Little Belt,” a British corvette, rated at

twenty guns, gave a very different account of the affair. He had been

ordered from Bermuda to carry despatches to the “Guerriere;” had run

north toward New York without finding her; and on his return southward,

at eleven o’clock on the morning of May 16, had seen a strange sail, to

which he gave chase. At two o’clock in the afternoon, concluding that

she was an American frigate, he abandoned the chase, and resumed his

course. The rest of his story is to be told in his own words:[33]--

“Hoisted the colors, and made all sail south, ... the stranger

edging away, but not making any more sail. At 3.30 he made sail

in chase.... At 6.30, finding he gained so considerably on us

as not to be able to elude him during the night, being within

gunshot, and clearly discerning the stars in his broad pennant,

I imagined the most prudent method was to bring to, and hoist

the colors, that no mistake might arise, and that he might see

what we were. The ship was therefore brought to, her colors

hoisted, her guns double-shotted, and every preparation made in

case of a surprise. By his manner of steering down, he evidently

wished to lay his ship in a position for raking, which I

frustrated by wearing three times. At about 8.15 he came within

hail. I hailed and asked what ship it was. He again repeated my

words and fired a broadside, which I instantly returned. The

action then became general, and continued so for three quarters

of an hour, when he ceased firing, and appeared to be on fire

about the main hatchway. He then filled, ... hailed, and asked

what ship this was. He fired no more guns, but stood from us,

giving no reason for his most extraordinary conduct.”

Bingham’s report was afterward supported by the evidence of his two

lieutenants, his boatswain, purser, and surgeon, at the official

inquiry made May 29, at Halifax.[34] Rodgers’s report was sustained

by the searching inquiry made by the American government to ascertain

the truth of Bingham’s assertions.[35] The American investigation was

naturally much more thorough in consequence of Bingham’s charges, so

that not only every officer, but also every seaman of the “President’s”

company gave evidence under oath. All agreed in swearing to the facts

as they have been related in the American story.

About a month after the action, two sailors claiming to be deserters

from the “President” arrived at Halifax and made affidavits,[36] which

gave a third account quite different from the other two. One of these

men, an Englishman, swore that he had been stationed in the second

division, on the gun-deck of the “President;” that a gun in that

division went off, as he thought, by accident, four or five men leaning

on it; that he had turned to acquaint Lieutenant Belden, who commanded

that division, of the fact, but before he could do this, though the

lieutenant was only three guns from him, the whole broadside of the

“President” was discharged. This story was the least probable of the

three. The evidence of a deserter, under every motive to ingratiate

himself with his future officers, would be suspicious, even if he were

proved to have been in the “President’s” crew, which was not the case;

but it became valueless when the rolls showed no Lieutenant Belden on

board the “President,” but that the second division on the gun-deck was

commanded by Lieut. A. J. Dallas,--and Lieutenant Dallas swore that he

himself fired the first gun from the “President,” without orders, in

answer to the “Little Belt’s” discharge. The evidence of every other

officer and man at the guns supported his assertion.

When the contradictory reports of Rodgers and Bingham were published,

a controversy arose between the newspapers which sympathized with the

different captains. Rodgers was vehemently attacked by the English

and Federalist press; Bingham was as hotly scouted by the American

newspapers friendly to Madison. The dispute was never settled. Perhaps

this was the only instance where the honor of the services was so

deeply involved on both sides as to make the controversy important; for

if Rodgers, all his officers, and his whole crew behaved as Bingham

alleged, and perjured themselves afterward to conceal it, they were not

the men they were supposed to be; and if Bingham swore falsely, he went

far to establish the worst American charges against the character of

the British navy.

For this reason some little effort to form an opinion on the subject

deserves to be made, even at the risk of diffuseness. The elaborate

investigation by the United States government settled the weight of

testimony in favor of Rodgers. Other evidence raised doubts of the

accuracy of Bingham’s report.

This report was dated May 21, five days after the battle, in “lat. 36°

53´ N.; long. 71° 49´ W. Cape Charles bearing W. 48 miles,”--which,

according to the senior lieutenant’s evidence, May 29, was about

the spot of the action, from fifty to fifty-four miles east of Cape

Charles. Yet a glance at the map showed that these bearings marked

a point more than two hundred miles east of Cape Charles. This

carelessness could not be set to the account of a misprint.

The date proved only inaccuracy; other parts of Bingham’s report showed

a willingness to confuse the facts. He claimed to have hoisted his

colors at two o’clock in the afternoon, after making out the American

commodore’s pennant and resuming a southerly course. Rodgers averred

that the “Little Belt” obstinately refused to show colors till darkness

concealed them; and Bingham’s report itself admitted that at 6.30 he

decided to hoist his colors, “that no mistake might arise.” During the

five hours’ chase his colors were not flying. His assertion, too, that

at 6.30 the American frigate was within gunshot, and that the “Little

Belt” was brought to because she could not escape, agreed ill with

his next admission, that the “President” consumed nearly two hours in

getting within hailing distance.

The most evident error was at the close of the British story. Bingham

declared that the general action lasted three quarters of an hour,

and that then the enemy ceased firing; appeared to be on fire about

the main hatchway, and “stood from us,” firing no more guns. The two

lieutenants, boatswain, and purser of the “Little Belt” swore that

the action lasted “about an hour;” the surgeon said “about forty-five

minutes.” Every American officer declared under oath that the entire

action, including the cessation of firing for three minutes, did not

exceed a quarter of an hour, or eighteen minutes at most. On this

point the American story was certainly correct. Indeed, two years

later, after the “Constitution” had silenced the “Guerriere” in

thirty-five minutes, and the “United States” had, in a rough sea and

at comparatively long range, left the “Macedonian” a wreck in less

than two hours of action, no officer in the British service would

have sacrificed his reputation for veracity by suggesting that a

British corvette of eighteen guns could have lain nearly an hour

within pistol-shot, in calm weather, under the hot fire of an American

“line-of-battle ship in disguise.” The idea of forcing her to “stand

from us” would have seemed then mere gasconade. Some fifteen months

afterward, the British sloop-of-war “Alert,” of twenty guns, imitated

the “Little Belt” by attacking Commodore Porter’s 32-gun frigate

“Essex,” and in eight minutes struck her colors in a sinking condition.

If the “President” had been no heavier than the “Essex,” she should

still have silenced the “Little Belt” in a quarter of an hour.

The “Little Belt” escaped destruction, but she suffered severely.

Bingham reported: “I was obliged to desist from firing, as, the ship

falling off, no gun would bear, and had no after-sail to help her to;

all the rigging and sails cut to pieces; not a brace nor a bowline

left.... I have to lament the loss of thirty-two men killed and

wounded, among whom is the master. His Majesty’s ship is much damaged

in masts, rigging, and hull; ... many shot through between wind and

water, and many shots still remain inside, and upper works all shot

away; starboard pump also.” He did not know his good fortune. Two

years afterward he would have been well content to escape from the

“President” on any terms, even though the “Little Belt” had been twice

the size she was. The “President’s” loss consisted of one boy wounded,

and some slight damage to the rigging.

Bingham’s report was accepted by the British government and navy with

blind confidence, and caused no small part of the miscalculation which

ended in disasters to British pride. “No one act of the little navy of

the United States,” said the British historian five years afterward,

“had been at all calculated to gain the respect of the British. First

was seen the ‘Chesapeake’ allowing herself to be beaten with impunity

by a British ship only nominally superior to her. Then the huge frigate

‘President’ attacks and fights for nearly three quarters of an hour the

British sloop ‘Little Belt.’”[37] So self-confident was the British

navy that Bingham was believed to have fought the “President” with

credit and success; while, on the American side, Rodgers and his ship’s

company believed that the British captain deliberately delayed the

meeting until dark, with the view of taking advantage of the night to

punish what he thought the insolence of the chase.

Whatever opinion might be formed as to the conduct of the two captains,

the vehemence of feeling on each side was only to be compared with the

“Chesapeake” affair; but in this instance the grievance belonged to

the British navy, and Dacres and the “Guerriere” felt the full passion

and duty of revenge. The news met Foster on his arrival at Norfolk,

a few weeks afterward, and took away his only hope of a cordial

reception. His instructions intended him to conciliate good-will by

settling the “Chesapeake” outrage, while they obliged him to take a

tone of refusal or remonstrance on every other subject; but he found,

on arriving, that the Americans cared nothing for reparation of the

“Chesapeake” outrage, since Commodore Rodgers had set off against it

an outrage of his own, and had killed four men for every one killed

by Captain Humphries. Instead of giving redress, Foster found himself

obliged to claim it.

July 2 Foster was formally received by the President; and the same day,

as though he had no other hope but to take the offensive, he began his

official correspondence by a letter on the seizure of West Florida,

closing with a formal notice that if the United States persevered in

their course, his orders required him to present the solemn protest of

his Government “against an attempt so contrary to every principle of

public justice, faith, and national honor.”

The language was strong; but unfortunately for Foster’s influence,

the world at the moment showed so little regard for justice, faith,

or honor, that the United States had no reason to be singular in

Quixotism; and although in logic the _tu quoque_ was an argument

hardly deserving notice, in politics it was only less decisive than

cannon. The policy of Foster’s remonstrance was doubtful in another

respect. In proportion as men exposed themselves to reprimands,

they resented the reprimand itself. Madison and Monroe had each his

sensitive point. Madison resented the suggestion that Napoleon’s

decrees were still in force, regarding the matter as involving his

veracity. Monroe equally resented the assertion that West Florida

belonged to Spain, for his character as a man of sense, if not of

truth, was involved in the assertion that he had himself bought West

Florida in his Louisiana purchase. Yet the mildness of his reply to

Foster’s severe protest proved his earnest wish to conciliate England.

In a note[38] of July 8 he justified the seizure of West Florida by the

arguments already used, and offered what he called a “frank and candid

explanation” to satisfy the British government. In private he talked

with more freedom, and--if Foster could be believed--showed himself in

a character more lively if not more moral than any the American people

would have recognized as his. July 5 Foster wrote to Wellesley:[39]--

“It was with real pain, my Lord, that I was forced to listen

to arguments of the most profligate nature, such as that other

nations were not so scrupulous; that the United States showed

sufficient forbearance in not assisting the insurgents of South

America and looking to their own interests in the present

situation of that country.”

Foster was obliged to ignore the meaning of this pointed retort;

while his inquiries how far the American government meant to carry

its seizures of Spanish territory drew from Monroe no answer but a

laugh. The Secretary of State seemed a transformed man. Not only did he

show no dread of interference from England in Florida, but he took an

equally indifferent air on every other matter except one. He said not a

word about impressments; he betrayed no wish to trouble himself about

the “Chesapeake” affair; he made no haste in apologizing for the attack

on the “Little Belt;” but the Orders in Council--these, and nothing

else--formed the issue on which a change of policy was to depend.

Precisely on the Orders in Council Foster could offer no hope of

concession or compromise. So far from withdrawing the orders, he was

instructed to require that the United States should withdraw the

Non-intercourse Act, under threat of retaliation; and he carried out

his instructions to the letter. After protesting, July 2, against the

seizure of West Florida, he wrote, July 3, a long protest against the

non-importation.[40] His demand savored of Canning’s and Jackson’s

diplomacy; but his arguments in its support were better calculated for

effect, and his cry for justice claimed no little sympathy among men

who shared in the opinion of Europe that France was the true object of

attack, and that Napoleon’s overthrow, not the overthrow of England,

was the necessary condition of restoring public order. Foster’s

protest against including Fox’s blockade among the admittedly illegal

Orders in Council, brought the argument to a delicate issue of law and

fact.

“In point of date,” he said, “the blockade of May, 1806,

preceded the Berlin Decree; but it was a just and legal

blockade, according to the established law of nations, because

it was intended to be maintained, and was actually maintained,

by an adequate force appointed to guard the whole coast

described in the notification, and consequently to enforce the

blockade.”

In effect this argument conceded Madison’s principle; for the

further difference between blockading a coast and blockading by

name the several ports on a coast, was hardly worth a war; and the

question whether an estuary, like the British Channel, the Baltic

Sea, or Chesapeake Bay, could be best blockaded by a cruising or by

a stationary squadron, or by both, called rather for naval than for

legal opinion. Foster repudiated the principle of paper-blockades; and

after showing that Fox’s blockade was defended only as far as it was

meant to be legal, he made the further concession of admitting that

since it had been merged in the Orders in Council, it existed only as

a part of the orders; so that if the orders were repealed, England

must either make Fox’s blockade effective, or abandon it. By this

expedient, the issue was narrowed to the Orders in Council retaliatory

on Bonaparte’s decrees, and intended to last only as long as those

decrees lasted. Foster appealed to Napoleon’s public and official

language to prove that those decrees were still in force, and therefore

that the United States government could not, without making itself a

party to Napoleon’s acts and principles, demand a withdrawal of the

British Orders. If the orders were not to be withdrawn because they

were illegal, they ought not to be withdrawn on the false excuse that

Napoleon had withdrawn his decrees. Against such a demand England might

reasonably protest:--

“Great Britain has a right to complain that ... not only

has America suffered her trade to be moulded into the means

of annoyance to Great Britain under the provisions of the

French Decrees, but construing those decrees as extinct,

upon a deceitful declaration of the French Cabinet, she has

enforced her Non-importation Act against England. Under these

circumstances I am instructed by my Government to urge to that

of the United States the injustice of thus enforcing that Act

against his Majesty’s dominions; and I cannot but hope that a

spirit of justice will induce the United States government to

reconsider the line of conduct they have pursued, and at least

to re-establish their former state of strict neutrality.”

President Madison had put himself, little by little, in a position

where he had reason to fear the popular effect of such appeals; but

awkward as Madison’s position was, that of Monroe was many degrees

worse. He had accepted office in April as the representative of

Republicans who believed that Napoleon’s decrees were not repealed,

and the objects of his ambition seemed to depend on reversing

Madison’s course. In July he found himself in painful straits. Obliged

to maintain that Napoleon’s decrees were repealed, he was reduced to

sacrifice his own official agent in the effort. Foster reported, as a

matter of surprise to himself, remarks of Monroe still more surprising

to history.

“I have urged,” reported Foster, July 7,[41] “with every

argument I could think of, the injustice of the Non-importation

Act which was passed in the last session of Congress, while

there were doubts entertained even here as to the repeal of

the Berlin and Milan Decrees; but to my surprise I find it

now maintained that there existed no doubt on the subject

at the time of passing the Act, and Mr. Russell is censured

by his Government for publicly averring that the ship ‘New

Orleans Packet’ was seized under their operation,--not that

it is denied, however, that she was seized under them by our

construction. Mr. Monroe, indeed, though he qualified his blame

of Mr. Russell by praising his zeal, yet allowed to me that much

of their present embarrassment was owing to his statement.”

“It would be fatiguing to your Lordship,” continued Foster,

“were I to describe the various shadows of argument to which the

American minister had recourse in order to prove his statement

of the decrees having been repealed in as far as America had a

right to expect.”

These shadows of argument, however elaborately described, could be

reduced to the compass of a few lines; for they all resulted in a

doctrine which became thenceforward a dogma. Napoleon’s decrees, so

viewed, had two characters,--an international, and a municipal. The

international character alone could give the right of international

retaliation; and the Emperor, since November 1, had ceased to enforce

his edicts in this character. The municipal character, whether enforced

or not, in no way concerned England.

Such was, indeed, Napoleon’s object in substituting customs regulations

for the rules of his decrees in his own ports. After that change, he

applied the decrees themselves to every other part of Europe, but made

an apparent exception for American commerce with France, which was

forced to conform to his objects by municipal licenses and prohibitory

duties. Monroe took the ground that since November 2 the decrees

stood repealed, and the “New Orleans Packet” had been seized under

a “municipal operation” with which England had nothing to do. The

argument, though perhaps casuistic, seemed to offer a sufficient excuse

for England, in case she should wish to abandon her own system as she

saw danger approaching; but it brought Monroe, who used it profusely,

into daily mortification, and caused the President, who invented

and believed it, a world of annoyance,--for Napoleon, as Monroe had

personal reason to remember, never failed to sacrifice his allies, and

was certain to fail in supporting a theory so infirm as this.

For the moment, Monroe made no written reply to Foster’s letter of July

3; he was tormented by the crisis of his career, and Foster ceased

to be important from the moment he could do nothing toward a repeal

of the orders. With the usual misfortune of British diplomatists,

Foster became aggressive as he lost ground, and pushed the secretary

vigorously into Napoleon’s arms. July 14 Foster wrote again, in a

threatening tone, that measures of retaliation for the Act of March

2 were already before his Government, and if America persisted in

her injurious course of conduct, the most unfriendly situation would

result. While this threat was all that England offered for Monroe’s

friendship, news arrived on the same day that Napoleon, May 4, had

opened his ports to American commerce. Not till then did Monroe give

way, and turn his back upon England and his old political friends. The

course taken by Foster left no apparent choice; and for that reason

chiefly Monroe, probably with many misgivings, abandoned the theory

of foreign affairs which had for five years led him into so many

mortifications at home and abroad.

July 23 Monroe sent his answer[42] to the British minister’s

argument. In substance this note, though long, contained nothing

new; but in effect it was an ultimatum which left England to choose

between concession and war. As an ultimatum, it was weakened by the

speciousness of its long argument to prove that the French Decrees

were repealed. The weakness of the ground required double boldness

of assertion, and Monroe accepted the whole task. He showed further

willingness to accept an issue on any point England might select.

Foster’s remonstrance in regard to the “Little Belt” called from

Monroe a tart reference to the affair of the “Chesapeake,” and a

refusal to order an inquiry, as a matter of right, into the conduct of

Commodore Rodgers. He showed equally little disposition to press for

a settlement of the “Chesapeake” affair. Foster had been barely two

weeks at Washington when he summed up the result of his efforts in a

few words,[43] which told the situation, as Monroe then understood it,

a year before war was declared:--

“On the whole, their view in this business [of the ‘Little

Belt’] is to settle this, with every other difference, in the

most amicable manner, provided his Majesty’s Orders in Council

are revoked; otherwise, to make use of it, together with all

other topics of irritation, for the purpose of fomenting a

spirit of hatred toward England, and thereby strengthening their

party. Your Lordship cannot expect to hear of any change till

Congress meet.”

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