CHAPTER XIII.

WHILE Napoleon thus tried the temper of America, the Government of

England slowly and with infinite reluctance yielded to American

demands. Not for the first time experience showed that any English

minister whose policy rested on jealousy of America must sooner or

later come to ruin and disgrace.

After the departure of Pinkney and Foster in May, 1811, diplomatic

action was for a time transferred to Washington. The young American

_chargé_ in London, John Spear Smith, could only transmit news

that came officially to his hands. The Marquess Wellesley, still

struggling to reorganize the Ministry, found the Prince Regent less

and less inclined to assist him, until at last he despaired. American

affairs resumed their old position. In June, 1811, Sir William Scott,

after some months of hesitation, rendered final decision that the

French Decrees were still in force, and that in consequence all

American vessels falling within the range of the British Orders in

Council were liable to condemnation.[212] In the Cabinet, Wellesley

urged his colleagues either to negotiate with America or to show

themselves prepared for war; but his colleagues would do neither.[213]

Convinced that the United States would not and could not fight,

Perceval and Eldon, Bathurst and Liverpool, were indifferent to

Wellesley’s discomfort. In the autumn of 1811 nothing in the attitude

of the British government, except its previous hesitation, held out a

hope of change.

Yet many reasons combined to show that concessions were inevitable.

The sweeping ruin that overwhelmed British commerce and industry in

1810 sank deep among the laboring classes in 1811. The seasons doubled

the distress. The winter had been intense, the summer was unfavorable;

wheat rose in the autumn to one hundred and forty-five shillings, or

about thirty-six dollars the quarter, and as the winter of 1811 began,

disorders broke out in the manufacturing districts. The inland counties

reached a state of actual insurrection which no exercise of force

seemed to repress. The American non-importation aggravated the trouble,

and worked unceasingly to shake the authority of Spencer Perceval,

already one of the most unpopular ministers England had ever seen.

Popular distress alone could hardly have effected a change in

Perceval’s system; so great a result was not to be produced by means

hitherto so little regarded. The moment marked an era in English

history, for the new class of laborers, the mill-operatives and other

manufacturing workmen, took for the first time an active share in

shaping legislation. In their hostility to Perceval’s policy they were

backed by their employers; but the united efforts of employers and

workmen were not yet equal to controlling the Government, even though

they were aided by the American non-importation. They worried Perceval,

but did not break him down. At the close of 1811 he showed still no

signs of yielding; but news then arrived that the American Congress had

met, and that the President’s Message, the debates in the House, the

tone of the press, and the feelings of the American people announced

war. This was a new force with which Perceval could not deal.

No man of common-sense could charge England with want of courage, for

if ever a nation had fought its way, England had a right to claim

whatever credit such a career bestowed; but England lived in war, she

knew its exact cost, and at that moment she could not afford it. The

most bigoted Tory could see that if Napoleon succeeded in his coming

attack on Russia, as he had hitherto succeeded in every war he had

undertaken in Europe even when circumstances were less favorable,

he would need only the aid of America to ruin beyond redemption the

trade and finances of Great Britain. Little as Englishmen believed in

the military capacity of the United States, they needed too much the

markets and products of America to challenge war.

The gradual decline of the domineering tone which Canning had made

fashionable offered a curious study in politics. In 1807 the affair of

the “Little Belt” would have caused violent anger; in 1812 it created

hardly a flurry. The Tory “Courier” talked wildly, but the “Times” took

the matter with calmness; the Ministry showed no offence, and within

a few weeks the affair was forgotten. Even after this irritation,

the British public seemed pleased rather than angered to learn that

Lord Wellesley had yielded complete apology and redress to America

for the “Chesapeake” outrage. The commercial class for many months

expected energetic retaliation by their government against the American

Non-importation Act; but in September this idea was laid aside, and

no one complained. Little by little the press took a defensive tone.

In the place of threats the newspapers were filled with complaints.

America was unfair, unreasonable, unjust; she called on England to

admit that the French Decrees were repealed when in fact they were

still in force; she threatened war; she hectored and bullied,--but the

more dignified course required England to be temperate though firm.

Parliament met Jan. 7, 1812, and the Prince Regent’s speech was

studiously moderate in its reference to the United States. In the

Commons, January 8, Whitbread attacked ministers for their failure to

conciliate America; and Spencer Perceval replied in a manner that could

hardly have satisfied himself.

“He would allow,” he said,[214] “that a war with America would

be an evil to Great Britain, but he also knew that such a war

would be a greater evil to America. As an evil to America he

was anxious to avert it; he looked upon America as accessory to

the prosperity and welfare of Great Britain, and would be sorry

to see her impoverished, crushed, or destroyed.... Sure he was

that no one could construe those truly conciliatory dispositions

of England into fear; but he was of the opinion that England,

conscious of her own dignity, could bear more from America for

peace’s sake than from any other Power on earth.”

This sentiment was the more significant because the latest news showed

that England in the immediate future would be obliged to bear a great

deal from America. The news became every day more and more alarming,

and was reinforced by steadily increasing outcry from Birmingham,

Liverpool, Nottingham, Hull, ending in a general agitation organized

by active radicals, with Brougham at their head. So rapidly was one

attack followed by another, that Perceval and his lieutenants--George

Rose and James Stephen--could no longer carry their points by mere

weight of office. The Marquess Wellesley, refusing to serve longer

under Perceval, resigned from the Cabinet January 16, and no one felt

confident that Perceval could supply his place. During more than a

month negotiations continued without result, until, February 22, Lord

Castlereagh received the appointment of Foreign Secretary.

During this interval the movement against the Orders in Council gained

strength. In the Commons, February 13, another debate occurred when

Whitbread, in a strong American speech, moved for the diplomatic

correspondence with the United States, and was answered with some

temper by Stephen and Perceval. Stephen went so far as to declare,--and

whatever he declared he certainly believed,--that “nothing but the

utmost aversion to a quarrel with America would have enabled this

country to have borne so much. So far from having done anything to

provoke a rupture with America, the strongest, most persevering, and

almost even humiliating means had been employed to avoid it;”[215]

but he would not surrender to her the carrying and coasting trade

of Europe even to prevent a war. Perceval spoke more evasively than

usual, defending his commercial system as one that had been begun by

his Whig predecessors, and throwing the blame for its irregularities

on Napoleon’s decrees; but although that day he was supposed to be in

extreme peril of losing his majority, he closed his speech by declaring

that sooner than yield to the repeal of the Orders in Council he

would refuse share in any Administration. Alexander Baring answered

that in this case war could hardly be avoided, and made an earnest

appeal, founded on the distress of the manufacturing towns, in favor

of the direct interference of Parliament to overrule the minister.

Even William Wilberforce, whose speeches sometimes recalled those of

Polonius, and whose hesitations generally marked the decline rather

than the rise of a Ministry in power, felt himself constrained to say

that “there was not at all times a sufficient attention in this country

to the spirit of conciliation toward other countries, and particularly

toward America. It would be well if persons in high situations in

government had been more abundant in their civilities to that nation.”

Again, five days afterward, Baring attacked Perceval by an embarrassing

motion on the subject of licenses. No such scandal as the license

system had been known in England since the monopolies of the Tudors and

Stuarts. Most of the trade between Great Britain and the Continent was

conducted by the Board of Trade on one side and Napoleon on the other,

under special licenses issued for the carriage of specified articles.

In 1807 the number of such licenses amounted to sixteen hundred; in

1810 they reached eighteen thousand. Owing to practical difficulties

and to Napoleon’s dislike, American vessels took few licenses. A

nondescript class of so-called neutrals under the flags of Pappenberg,

Kniphausen, and Varel, carrying double licenses and double sets of

papers, served as the agents for this curious commerce which reeked

with fraud and perjury. In the case of the “Æolus,” Aug. 8, 1810, the

Court said: “It is a matter perfectly notorious that we are carrying on

the trade of the whole world under simulated and disguised papers. The

commerce of the world unavoidably assumes a disguise; these disguises

we ourselves are under the necessity of employing, with simulation and

dissimulation.” Dr. Joseph Phillimore, perhaps the highest authority

on civil law in England, in two strong pamphlets[216] declared that

ancient rules and practices had been rendered obsolete, so that the

Admiralty Courts were no longer occupied with the law of nations, but

only with the interpretation of licenses; and while the property of

enemies was as invariably restored as formerly it had been condemned,

the condemnation of true neutral property had become as much a matter

of course as had been its restitution a few years before. No one, even

among the sternest supporters of the Orders in Council, ventured to

defend the licenses on any other ground than that of their necessity.

Baring’s motion called up Perceval again. “The only principle on

which Government acted,” said he,[217] “was to secure to the natives

of England that trade by means of licenses, the profits of which

without them would devolve to the hands of aliens.” This admission, or

avowal, seemed to yield the whole ground of complaint which America

had taken; neither Perceval nor Rose ventured to defend the licenses

as in themselves deserving support; they stood only by the system.

Their attitude led to another and more famous debate, which added an

interesting chapter to the history of England.

In the Lords, February 28, the Marquess of Lansdowne moved for a

committee to consider the subject of the Orders in Council. Like

all that Lord Lansdowne did, his speech was temperate and able;

but his arguments were the same that have been so often repeated.

Lord Bathurst, President of the Board of Trade, replied. Bathurst’s

argument was singularly free from the faults of Perceval and Rose; and

he went to the verge of destroying his own case by avowing that in

the clamor raised about the Orders in Council no one could say what

those orders were, or what would be the consequences of yielding to

American demands. He was sure that France had suffered from the effect

of the system, but he was not so certain that England had been also

a sufferer, while he maintained that the licenses tended to diminish

the spirit of perjury, and that the abandonment of licenses would only

place an additional obstacle in the way of trade. “Were they to put

restraints on the freedom of British commerce for the simple purpose

of giving the trade of Europe to the Americans?” This avowal, like

those made by Perceval and Stephen, seemed to concede the justice of

American complaints; but perhaps it admitted only the reply made by

Lord Holland, who said in plain words that the choice lay between the

orders and war, and that he could not suppose the orders to be their

Lordships’ preference. Lansdowne’s motion was rejected by a vote of one

hundred and thirty-five to seventy-one.

In the Commons the great debate took place March 3, when Henry Brougham

repeated Lansdowne’s motion for a committee, after a speech showing

as much self-restraint as clearness and force. In reply, George Rose

offered a general denial of the facts which Brougham alleged. He denied

that the orders injured the British export trade; that the license

system injured British shipping or increased perjury; or that the

orders caused manufacturing distress. On all these points he arrayed

statistics in his support; but toward the close of his speech he made

a remark--such as had been made many times by every defender of the

system--surrendering in effect the point in diplomatic dispute between

England and the United States. “The honorable gentleman,” he said,[218]

“had not been correct in calling these orders a system of retaliation;

they were rather a system of self-defence, a plan to prevent the whole

trade of the world from being snatched away from her.” He was followed

by Alexander Baring, who condemned the policy which built up the

shipping of France at the cost of American shipping, and manufactures

in Massachusetts at the cost of British manufactures; and after

Baring came James Stephen, who repeated his old arguments without

essential change. Then toward midnight, after these four long, serious,

statistical speeches, such as usually emptied the House, George Canning

rose; and so keen was the interest and anxiety of the moment that

more than four hundred members crowded in, curious to learn by what

ingenuity Canning would defend a threatened vote against those Orders

in Council of which he had been so long the champion.[219]

“For these Orders in Council,” he said, “so far as he had been

connected with their adoption, he was ready to take his full

share of responsibility. What orders were truly meant? Why,

they were the Orders in Council which, until he had heard the

speech of the right honorable gentleman (Mr. Rose), he had

always looked upon as retaliatory upon the enemy; which had

been so understood in every instance, until the Vice-President

of the Board of Trade, in contradiction to every statement

which had hitherto been given to the public on the subject,--in

contradiction to every document in office respecting these

Orders,--in contradiction to every communication which he

(Mr. Canning) had made, and every despatch written in his

official character explanatory of their nature and spirit,--in

contradiction to every speech which had been made in Parliament

in defence of them,--had thought proper to represent them

not as measures retaliatory upon the enemy, but as measures

of self-defence. Self-defence, but not retaliatory!... If

they were to be in no larger a sense retaliatory than as

self-defensive,--if they were not to retaliate directly

against the enemy, but to be defensive against a rival in

trade,--if they were not to be belligerent measures, but purely

defensive,--then all the arguments by which they had hitherto

been supported would fail to apply.”

Again and again Canning returned to this slip of the tongue by which

Rose had given him pretext for turning against the Administration.

“If at any time it should appear that these orders did not

retort his aggression upon the enemy, but operated solely to

the injury of the neutrals; if even the British government

should appear to have interfered to relieve their pressure upon

the enemy,--they would stand upon far different principles

than those upon which he had supported them, and would in his

opinion be very proper objects for examination and revision....

Were he called upon to state his opinion of what he conceived

the Orders in Council should be, he could not do it more fully

than by saying that they were most perfect as they approached

toward a belligerent measure and receded from a commercial one.

Let them have for their object the pressure and distress of the

enemy, for the purpose of compelling him to listen to terms

of accommodation, and not for the narrow policy of wringing

temporary concessions from him with which they might go to his

own market.”

To the amazement of friend and foe Canning next attacked the license

system as one of which he had little knowledge, but whose details

required investigation. As for America, as he was the last man who

would lay the honor of the country at her feet, so would he be among

the first to go far in the work of honorable conciliation, and he

would not oppose the motion before the House because it might have

incidentally the effect of conciliating her. Finally, if the account

of Plumer Ward be true, “he concluded the first dull and flat speech I

ever heard him make, without the smallest support from the House, and

sat down without a cheer and almost without its being known that he had

finished.”

Plumer Ward was a passionate admirer of Spencer Perceval, and his anger

with Canning showed the soreness caused by Canning’s sudden change

of front. Perceval was obliged to rescue Rose, but in doing so made

the case worse rather than better as far as regarded America. Having

declared that the orders were strictly retaliatory, he added, in the

same breath, that “the object of Government was to protect and to force

the trade of this country.... The object of the Orders in Council was

not to destroy the trade of the Continent, but to force the Continent

to trade with us.” Had this assertion been made by Madison or Brougham

it would have been instantly contradicted; but Perceval’s silence was

still less creditable than his avowals. No one knew so well as Perceval

where to strike with effect at Canning; for not only could he show that

from the first Canning was privy to the system of forcing commerce upon

France, but he had preserved the letter in which Canning at the outset

advised him to keep out of sight the exceptions which gave the measure

the air of a commercial rather than a political transaction. Never had

a distinguished man exposed himself with less caution than Canning,

by declaring that in his opinion the orders required revision from the

moment the British government should appear to intervene to relax their

pressure upon the enemy; for during two years of his official life he

had given steady though silent support to the Board of Trade in its

persistent efforts to supply France, by means of licenses in thousands

and smuggling without limit, with every product known to commerce.

Such conduct challenged the severest retort, but Perceval made none.

He would have been superior to the statesmen of his time had he felt

the true nature of that sleight-of-hand which he and Canning practised,

and which, like the trick of blacklegs on the race-course, consisted

in shuffling together the two words, “Retaliation--Self-defence!

Self-defence--Retaliation!” but he could at least understand the

impossibility of exposing Canning without also exposing himself.

The debate ended in a division. One hundred and forty-four members,

including Canning and Wilberforce, went into the lobby with Brougham.

Only a majority of seventy-two remained to be overcome; and to

Brougham’s energetic nature such a majority offered an incentive to

exertion. Perceval’s friends, on the other hand, exulted because this

majority of seventy-two stood by him against the combined forces of

Wellesley, Canning, the Radicals, and the Whigs.[220] Except for one

danger, Perceval and his system were still secure; but the fear that

the Americans meant at last to fight gave him no rest,--it dogged his

steps, and galled him at every motion. Neither Rose nor James Stephen

could prove, by any statistics under the control of the Board of

Trade, that their system would benefit British commerce if it produced

an American war. Already the north and west of England, the inland

counties, the seaports, had risen in insurrection against the orders.

Stephen and Rose exhausted themselves and the House to prove that the

balance of profit was still in England’s favor; but what would become

of their balance-sheet if they were obliged to add the cost of an

American war to the debtor side of their account?

In the effort to strengthen his Ministry Perceval persuaded Lord

Sidmouth to enter the Cabinet, but only on condition that the orders

should be left an open question. Sidmouth plainly said that he would

rather give up the orders than face an American war.[221] He also asked

that the license system should be renounced. Perceval replied that

this would be a greater sacrifice than if the licenses had never been

granted.[222] Lord Sidmouth was not a great man,--Canning despised

his abilities, and the Prince of Wales called him a blockhead;[223]

but he was, except Lord Castlereagh, the only ally to be found, and

Perceval accepted him on his own terms. The new Cabinet at once

took the American question in hand, and Castlereagh then wrote his

instructions of April 10 to Foster, making use of Bassano’s report to

justify England’s persistence in the orders; but besides this despatch

Castlereagh wrote another of the same date, in which Sidmouth’s idea

took shape. If the United States would restore intercourse with

Great Britain, the British government would issue no more licenses

and would resort to rigorous blockades.[224] This great concession

showed how rapidly Perceval lost ground; but this was not yet all.

April 21 the Prince Regent issued his formal declaration that whenever

the French government should publish an authentic Act expressly and

unconditionally repealing the Berlin and Milan Decrees, the Orders

in Council, including that of Jan. 7, 1807, should be wholly and

absolutely revoked.

Had the United States at that moment been so fortunate as to enjoy

the services of Pinkney in London, or of any man whose position and

abilities raised him above the confusion of party politics, he might

have convinced them that war was unnecessary. The mere threat was

sufficient. Sidmouth’s entrance into the Cabinet showed the change

of current, and once Perceval began to give way, he could not stop.

Unfortunately the United States had no longer a minister in England. In

July, 1811, the President ordered Jonathan Russell to London to act

as _chargé_ until a minister should be appointed, which he added

would be done as soon as Congress met;[225] but he changed his mind and

appointed no minister, while Jonathan Russell, seeing that Perceval

commanded a majority and was determined to maintain his system,

reported the situation as hopeless.[226]

Brougham, without taking the precaution of giving Russell the daily

information he so much needed, devoted all his energies to pressing

the popular movement against the Orders in Council. Petition after

petition was hurried to Parliament, and almost every petition caused

a new debate. George Rose, who possessed an unhappy bluntness, in

conversation with a Birmingham committee said that the two countries

were like two men with their heads in buckets of water, whose struggle

was which of the two could hold out longest before suffocation. The

phrase was seized as a catchword, and helped agitation. April 28

Lord Stanley, in the House, renewed the motion for a committee on

the petitions against the orders. Perceval had been asked whether he

would consent to the committee, and had refused; but on consulting his

followers he found such symptoms of disaffection as obliged him to

yield rather than face a defeat. George Rose then announced, greatly

against his will, that as a matter of respect to the petitioners

he would no longer oppose their request; Castlereagh and Perceval,

cautioning the House that nothing need be expected from the

investigation, followed Rose; while Stephen, after denouncing as a

foul libel the charge that the orders had been invented to extend the

commerce of Great Britain, also yielded to the committee “as a negative

good, and to prevent misconstruction.”

Stimulated by the threatening news from America, Brougham pressed with

his utmost energy the victory he had won. The committee immediately

began its examination of witnesses, who appeared from every quarter to

prove that the Orders in Council and the subsequent non-importation had

ruined large branches of British trade, and had lopped away a market

that consumed British products to the value of more than ten million

pounds sterling a year. Perceval and Stephen did their best to stem the

tide, but were slowly overborne, and seemed soon to struggle only for

delay.

Then followed a melodramatic change. May 11, as the prime minister

entered the House to attend the investigation, persons about the

door heard the report of a pistol, and saw Spencer Perceval fall

forward shot through the heart. By the hand of a lunatic moved only

by imaginary personal motives, this minister, who seemed in no way

a tragical figure, became the victim of a tragedy without example

in modern English history; but although England had never been in a

situation more desperate, the true importance of Spencer Perceval was

far from great, and when he vanished in the flash of a pistol from the

stage where he seemed to fill the most considerable part, he stood

already on the verge of overthrow. His death relieved England of a

burden. Brougham would not allow his inquiry to be suspended, and the

premier’s assassination rather concealed than revealed the defeat his

system must have suffered.

During the negotiations which followed, in the midst of difficulties

in forming a new Ministry, Castlereagh received from Jonathan

Russell Napoleon’s clandestine Decree of Repeal. Brougham asked,

May 22, what construction was to be put by ministers on this paper.

Castlereagh replied that the decree was a trick disgraceful to any

civilized government, and contained nothing to satisfy the conditions

required by England. Apart from the subordinate detail that his view

of the decree was correct, his remarks meant nothing. The alarm

caused by news that Congress had imposed an embargo as the last

step before war, the annoyance created by John Henry’s revelations

and Castlereagh’s lame defence, the weight of evidence pressing on

Parliament against the Orders in Council, the absence of a strong or

permanent Ministry,--these influences, gaining from day to day, forced

the conviction that a change of system must take place. June 8 Lord

Liverpool announced that he had formed an Administration, and would

deal in due course with the Orders in Council. June 16 Brougham made

his motion for a repeal of the orders. When he began his speech he did

not know what part the new Ministry would take, but while he unfolded

his long and luminous argument he noticed that James Stephen failed

to appear in the House. This absence could mean only that Stephen had

been deserted by ministers; and doubt ceased when Brougham and Baring

ended, for then Lord Castlereagh--after Perceval’s death the leader of

the House--rose and awkwardly announced that the Government, though

till within three or four days unable to deliberate on the subject, had

decided to suspend immediately the Orders in Council.

Thus ended the long struggle waged for five years by the United States

against the most illiberal Government known in England within modern

times. Never since the Definitive Treaty of Peace had America won so

complete a triumph, for the surrender lacked on England’s part no

element of defeat. Canning never ceased taunting the new Ministry

with their want of courage in yielding without a struggle. The press

submitted with bad grace to the necessity of holding its tongue. Every

one knew that the danger, already almost a certainty, of an American

war chiefly caused the sudden and silent surrender, and that the

Ministry like the people shrank from facing the consequences of their

own folly. Every one cried that England should not suffer herself to

be provoked by the irritating conduct of America; and at a moment

when every word and act of the American government announced war in

the rudest terms, not a voice was heard in England for accepting the

challenge, nor was a musket made ready for defence. The new Ministry

thought the war likely to drive them from office, for they were even

weaker than when Spencer Perceval led them. The “Times” of June 17

declared that whatever might be the necessity of defending British

rights by an American war, yet it would be the most unpopular war ever

known, because every one would say that with happier talents it might

have been avoided. “Indeed,” it added, “every one is so declaring at

the present moment; so that we who have ever been the most strenuous

advocates of the British cause in this dispute are really overwhelmed

by the general clamor.” Bitter as the mortification was, the headlong

abandonment of the Orders in Council called out reproaches only against

the ministers who originally adopted them. “We are most surprised,”

said the “Times” of June 18, “that such acts could ever have received

the sanction of the Ministry when so little was urged in their defence.”

Such concessions were commonly the result rather than the prelude of

war; they were not unlike those by which Talleyrand succeeded, in 1799,

in restoring friendly relations between France and America. Three

months earlier they would have answered their purpose; but the English

were a slow and stubborn race. Perhaps that they should have repealed

the orders at all was more surprising than that they should have waited

five years; but although they acted more quickly and decidedly than was

their custom, Spencer Perceval lived three months too long. The Orders

in Council were abandoned at Westminster June 17; within twenty-four

hours at Washington war was declared; and forty-eight hours later

Napoleon, about to enter Russia, issued the first bulletin of his Grand

Army.

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