CHAPTER X

PEACEABLE COERCION

The so-called Peace of Amiens in 1801 proved to be only an interlude in

the wars of France with Europe. Within two years hostilities were

renewed which closed only with the battle of Waterloo. In the course of

this prolonged conflict Napoleon won and lost for France the ascendency

in central and western Europe, but Great Britain remained throughout

mistress of the seas. The commerce of France and of Holland and Spain,

which had become virtually her dependencies, was almost driven from the

seas. For their foodstuffs and colonial supplies, more than ever in

demand as war devastated the fields of Europe, these nations had to look

to vessels flying neutral flags. The export trade of the United States,

which had fallen from $94,000,000 in the year 1801 to $55,800,000 in

1803, rapidly recovered until in 1805 it passed the high-water mark of

the earlier year. More than half of this trade was in products of the

tropics, for while the direct trade between the West India colonies and

Europe was forbidden by the so-called "Rule of 1756," American shippers

carried on a lucrative traffic which was virtually direct. Products

brought from the West Indies to American ports were promptly reshipped

as part of American stock to European ports; and the British courts had

held that this importation had broken the voyage. When once import

duties had been paid in an American port, the courts refused to inquire

what thereafter became of the cargo and whether in fact rebates were

given on exportation.

In midsummer of 1805 occurred a reversal of British policy. In the case

of the Essex, which had made the voyage from Charleston to London with

colonial produce from Martinique, a British admiralty court ruled for

the first time that the payment of import duties was not sufficient

proof of _bona fide_ importation, because of the practice in the United

States of repaying duties on exportation. Other seizures followed that

of the Essex, to the consternation of American shippers. Insurance rates

on cargoes were doubled and doubled again within a year. Early in 1806,

Monroe, then Minister to England, wrote in protest to the British

Ministry that "about one hundred and twenty vessels had been seized,

several condemned, all taken from their course, detained, and otherwise

subjected to heavy losses and damages." But Monroe could not obtain any

concession of principle or promise of indemnity.

The policy which the Secretary of State was known to favor was that of

coercing England through restrictions upon trade. The implications of

this policy were suggested by his often-quoted remark touching upon the

dependence of British manufacturers: "There are three hundred thousand

souls who live by our custom: let them be driven to poverty and despair,

and what will be the consequences?" He lost no opportunity to urge upon

his party associates the need of passing retaliatory legislation

against Great Britain. It was well known, of course, that the President

would support any fair application of his theory of peaceable coercion.

At first there was a general disposition to try the effect of an

embargo; but more prudent counsels prevailed when the news of Trafalgar

reached America. Congress finally adopted, in April, 1806, a

non-importation bill, which was to become effective eight months later.

There was some point to Randolph's criticism when he declared it to be

"a milk-and-water Bill. A dose of chicken broth to be taken nine months

hence"; for the act prohibited only the importation of such English

goods as could be manufactured in the United States or procured

elsewhere. Such a measure was not likely to make the manufacturers of

England quail. In the mean time, the Administration was to accomplish

what it might by direct negotiation with the British Ministry, using

this Nicholson Act as a covert threat. Much against his will, Jefferson

had to nominate another envoy to act with Monroe. His choice fell upon

William Pinkney, of Maryland. The friends of Madison were not unwilling

to humiliate Monroe, whose presidential aspirations might interfere with

Madison's succession, for Jefferson had let it be known as early as the

summer of 1805 that he did not seek a reelection.

A few days after Congress adjourned occurred the Leander episode. This

frigate was one of several British war vessels whose presence in

American waters was a constant menace to merchantmen and an insult to

the National Government. From time to time they appeared off Sandy Hook,

lying in wait for American vessels which were suspected of carrying

British seamen who had fled from the hard conditions of service on ships

of war. An American merchantman was likely at any time to be stopped by

a shot across her bow and to be subjected to the humiliation of a visit

from a search crew. On April 25, 1806, the Leander, in rounding up a

merchantman, fired a shot which killed the helmsman of a passing

coasting sloop. The incident or accident threatened to assume the

proportions of a _casus belli_.

The practice of impressment was an old grievance which seemed to

Americans devoid of any justification. From the British point of view

there was much to be said in extenuation of the practice. It should not

be forgotten that Great Britain was locked in a life-and-death struggle

with a mighty antagonist, and that she had need of every able seaman.

Owing to the rigorous life on board of men-of-war, every ship's crew was

likely to be depleted by desertions whenever she touched at an American

port. Jack Tar found life much more agreeable on an American

merchantman; and he rarely failed to procure the needful naturalization

papers or certificates which would give him a claim to American

citizenship. The right of expatriation was not at this time conceded by

the British Government. Once an Englishman, always an Englishman.

Surely, then, British commanders might claim their own seamen on the

high seas. Officially, at least, they never claimed the right to impress

American seamen. Yet where differences of speech were so slight, the

provocation so strong, and the needs of the navy so great, search crews

were not always careful to distinguish between Britishers and Yankees.

The United States never admitted the justice of these claims. To concede

the right of search on the high seas was to admit a vast extension of

British jurisdiction. As early as 1792, Jefferson had stated the

principle for which the United States had consistently contended: "The

simplest rule will be that the vessel being American shall be evidence

that the seamen on board of her are such." The principle was never

accepted by any British ministry. The practice of impressment continued

to harass each succeeding administration. In 1806, a crisis seemed at

hand. Madison reported to the House of Representatives the names of nine

hundred and thirteen persons who appeared to have been impressed from

American vessels. How many of these were British deserters under

American names, it is impossible to say. The number reported by Madison

is at least an index to the sense of injury which the nation felt.

When President Jefferson sent Pinkney to join Monroe in securing a

comprehensive treaty with Great Britain, which should restore West India

trade to its old condition and provide indemnity for the American

vessels condemned in the admiralty courts, he set down, as a _sine qua

non_ in his instructions, the renunciation by the British Government of

the practice of impressment. It was an ultimatum which expressed a truly

national feeling; but with the consciousness of power which the

domination of the high seas gave, the British commissioners treated

this ultimatum, somewhat contemptuously, as an impossible and

unwarranted demand. The American mission should have ended then and

there; but on obtaining assurances that greater care would be exercised

in impressing seamen, Monroe and Pinkney determined to disregard their

instructions. Negotiations were continued and culminated in a treaty,

December 1, 1806, which ran counter to the injunctions of the President

in every particular. He refused to submit the document to the Senate.

Nevertheless, he permitted Madison to draft new instructions for the

commissioners, in the hope that the treaty could be made a basis for

further negotiations. While these new instructions were crossing the

ocean, a disaster occurred which brought the United States and Great

Britain to the verge of war.

In the early months of 1807, some French frigates had run up Chesapeake

Bay to escape a British squadron. Relying on what Jefferson pleasantly

termed the hospitality of the United States, these British men-of-war

dropped anchor in Lynnhaven Bay, near Cape Henry, where they could watch

the passage through the capes. From one of these British vessels a boat

crew of common seamen made their escape to Norfolk. Just at this time

the new frigate Chesapeake, which had been partially fitted out at the

navy yard at Washington for service in the Mediterranean, dropped down

to Hampton Roads to receive her complement of guns and provisions for a

three years' cruise.

[Map: Tonnage of the United States 1807]

On June 22, the Chesapeake passed out through the capes, preceded by the

Leopard, a British frigate of fifty guns. When they were well out on

the high seas, the Leopard drew alongside the Chesapeake and signaled

that she had a message for Commodore Barron. This message proved to be

an order from Admiral Berkeley at Halifax, instructing commanders of

British vessels who fell in with the Chesapeake to search her for

deserters. The American commander denied that he had deserters on board

and refused to allow the search. Almost immediately the Leopard

approached with her gundecks cleared for action. Unaware of his danger

Commodore Barron had not called his crew to quarters. The Leopard opened

fire and poured three broadsides into the helpless American vessel,

killing three men and wounding eighteen others. After fifteen minutes

Barron hauled down his flag to spare his crew from needless sacrifice,

and suffered the British commander to search the dismantled Chesapeake.

Four alleged deserters were found and taken away, three of whom

subsequently were proved to be American citizens. The Leopard then

returned to the squadron off Cape Henry, while the Chesapeake limped

back to Hampton Roads.

Had the President chosen to go to war at this moment, he would have had

a united people behind him. But Thomas Jefferson was not a martial

character. His proclamation ordering all armed British vessels out of

American waters and suspending intercourse with them if they remained,

was so moderate in tone as to seem almost pusillanimous. John Randolph

called it an apology. Instead of demanding unconditional reparation for

this outrage, Madison instructed Monroe to insist upon an entire

abolition of impressments as "an indispensable part of the

satisfaction." The astute Canning, who had become Foreign Secretary in

the new Portland Ministry, took advantage of this confusion of issues to

evade the demand for reparation until popular passion in the United

States had subsided. It was not until November that Canning took active

measures. He then sent a special commissioner to the United States in

the person of George Rose.

The instructions which Rose carried with him to Washington, in January,

1808, were anything but conciliatory. As a preliminary to any

negotiations, he was to demand the recall of the President's

proclamation of July 2, and an explicit disavowal of Commodore Barron's

conduct in encouraging desertion from His Majesty's navy. The United

States was also to give assurances that it would prevent the recurrence

of such causes as had provoked the display of force by Admiral Berkeley.

That the Administration should have continued negotiations after the

full purport of these instructions was disclosed, seems incredible; but

it was not until the middle of February that Madison awoke to the fact

that the United States was being invited to "make as it were an

expiatory sacrifice to obtain redress." Yet another month passed before

Rose was given to understand that his mission was futile. By this time

public attention was engrossed in the contest for neutral rights.

Before the close of the year 1806, Napoleon was master of central Europe

and in a position to deal his premeditated blow at the commercial

ascendency of England. A fortnight after the terrible overthrow of

Prussia at Jena, he made a triumphal entry into Berlin. From this city

he issued, on November 21, the famous decree which was his answer to the

British blockade of the continent. Since the British had determined to

ruin neutral commerce by an illegal blockade, so the preamble read,

"whoever deals on the continent in English merchandise favors that

design and becomes an accomplice." All English goods henceforth were to

be lawful prize in any territory held by the troops of France or her

allies. The British Isles were declared to be in a state of blockade.

Every American or other neutral vessel going to or coming from the

British Isles, therefore, was subject to capture.

The British Ministry took up the gauntlet. An order in council of

January 7, 1807, forbade neutral trade between ports under the control

of France or her allies; a second order, November 11, closed to neutrals

those European ports under French control "as if the same were actually

blockaded," but permitted vessels which first entered a British port and

paid port duties to sail to any continental port. Only one more blow

seemed needed to complete the ruin of American commerce. It fell a month

later, December 17, 1807, when Napoleon issued his Milan Decree.

Henceforth any vessel which submitted to be searched by an English

cruiser or which paid any tonnage duty to the British Government or

which set sail for any British port was subject to capture and

condemnation as lawful prize. Such was to be the maritime code "until

England returned to the principles of international law which are also

those of justice and honor."

American commerce was now, indeed, between the hammer and the anvil. The

Nicholson Non-Importation Act, which had been twice suspended and which

had only just gone into effect (December 14), seemed wholly inadequate

to meet this situation. It had been designed as a coercive measure, to

be sure, but no one knew precisely to what extent it would affect

English trade. The time had come for the blow which Jefferson and his

advisers had held in reserve. On December 18, the President sent to

Congress a message recommending "an immediate inhibition of the

departure of our vessels from the ports of the United States." The

Senate responded by passing a bill (which Jefferson probably drafted)

through its three stages in a single day; the House passed the measure

after only two days of debate; and on December 22, the Embargo Act

received the President's signature.

The temper of those who supported the embargo was reflected by Senator

Adams, of Massachusetts, who was reported to have said: "The President

has recommended the measure on his high responsibility. I would not

consider, I would not deliberate; I would act." Yet there were members

of Congress who were not prepared to accept the high authority of the

President. The vote in the House of Representatives indicates that

opinion was divided in Adams's own State. Boston with its environs and

the interior counties were opposed to the embargo. New York was also

divided, though here the commercial areas favored the measure. Maryland

showed a like division of opinion. Connecticut was a unit in opposing

the President's policy.

What was the measure which was accepted almost without discussion on

"the high responsibility" of the President? So far as it was defended at

all, it was presented as a measure for the protection of American ships,

merchandise, and seamen. It forbade the departure of all ships and

vessels in the ports of the United States for any foreign port, except

vessels under the immediate direction of the President. Foreign armed

vessels were exempted as a matter of course from the operation of this

act; so also were all vessels in ballast or already loaded with goods at

the time when the act was passed. Coasting vessels were to give bonds

double the value of vessel and cargo to re-land their goods, wares, or

merchandise in some port of the United States.

American shippers were so little appreciative of the protection offered

by a benevolent Government that they evaded the embargo from the very

first. Foreign trade was lucrative in just the proportion that it was

hazardous. If some skippers obeyed, the profits were so much the greater

for the less conscientious. Under guise of engaging in the coasting

trade, many a ship's captain with the connivance of the owner landed his

cargo in a foreign port. A brisk traffic also sprang up by land across

the Canadian border.

[Map: House Vote on the Embargo December 21, 1807]

All pretense that the embargo was designed to protect American commerce

had now to be abandoned. Jefferson did not attempt to disguise his

purpose to use the embargo as a great coercive weapon against France and

Great Britain. Congress passed supplementary acts and suffered the

President to exercise a vast discretionary power which was strangely at

variance with Republican traditions. "When you are doubtful," wrote the

President with reference to coasting vessels, "consider me as voting for

detention." "We find it necessary," he informed the governors of the

States, "to consider every vessel as suspicious which has on board any

article of domestic produce in demand at foreign markets." Governors of

those States which consumed more wheat than they produced were to issue

certificates to collectors of ports stating the amount desired. The

collectors in turn were to authorize merchants in whom they had

confidence to import the needed supplies. Nor did the President hesitate

to put whole communities under the ban when individual shipowners were

suspected of engaging in illicit trade. He so far forgot his horror of a

standing army that he asked Congress for an addition to the regular army

of six thousand men. Congress had already made an appropriation of

$850,000 to build gunboats. It now appropriated a million and a quarter

for fortifications and for the equipment of the militia.

Through the long summer of 1808, President Jefferson waited anxiously

for the effects of coercion to appear. The reports from abroad were not

encouraging. The effects of the embargo upon English economy are even

now a matter of conjecture. In the opinion of Mr. Henry Adams, the

embargo only fattened the shipowners and squires who devised the orders

in council, and lowered the wages and moral standard of the laboring

classes by cutting off temporarily the importation of foodstuffs and the

raw material for British manufacturers. When Pinkney approached Canning

with the proposal that England should revoke her orders upon the

withdrawal of the embargo, 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 [His

Majesty] would gladly have facilitated its removal as a measure of

inconvenient restriction upon the American people." The blow aimed at

Great Britain had missed its mark.

From the first Napoleon had welcomed the embargo as a measure likely to

contribute to the success of his continental system. On April 17, 1808,

he issued a decree from Bayonne ordering the seizure of all American

vessels in French ports. It was argued ingeniously that since they were

abroad in violation of the embargo, they were not _bona fide_ American

vessels, but presumptively British, and therefore subject to capture. To

accept the aid of the French Emperor in enforcing a policy which was

intended to coerce his action, was humiliating to the last degree.

Armstrong wrote to Madison that in his opinion the coercive force of the

embargo had been overrated. "Here it is not felt, and in England ... it

is forgotten."

The importance of the embargo, Jefferson never tired of repeating, was

not to be measured in money. If the brutalities of war and the

corruption incident to war could be avoided by this alternative, the

experiment was well worth trying. Yet Jefferson himself was startled by

the deliberate and systematic evasions of the law. "I did not expect,"

he confessed, "a crop of so sudden and rank growth of fraud and open

opposition by force could have grown up in the United States." Moreover,

the cost of the embargo was very great. The value of exports fell from

$108,000,000 in 1807 to $22,000,000 in the following year. The national

revenue from import duties was cut down by one half.

The embargo bore down with crushing weight upon New England, where

nearly one third of the ships engaged in the carrying trade were owned.

The shipbuilding industry languished, as well as all the industries

subsidiary to commerce. Even the farmers suffered as the embargo

continued. A temporary loss of their market could have been borne with

some degree of equanimity, but not an indefinite loss, for imported

goods now began to rise in price, adding to the general distress.

The economic distress of New England, however, cannot be measured by the

volume of indignant protest. The Federalist machine never worked more

effectively than when it directed this unrest and diverted it to

partisan purposes. Thomas Jefferson's embargo was made to seem a

vindictive assault upon New England. The Essex Junto, with Timothy

Pickering as leader, spared no pains to convince the unthinking that

Jefferson was the tool or the dupe of Napoleon, who was bent upon

coercing the United States into war with Great Britain. The spring

election of 1808 gave the measure of this reaction in Massachusetts. The

Federalists regained control of both houses of the state legislature,

and forced the resignation of Senator John Quincy Adams, who had broken

with his party by voting for the embargo, and who had incurred the

undying enmity of of the Essex Junto by defending the policy of the

Administration.

In the midst of what Jefferson called "the general factiousness,"

following the embargo, occurred a presidential election. Jefferson was

not a candidate for reelection. His fondest hope now was that he might

be allowed to retire with honor to the bosom of his family. Upon whom

would his mantle fall? Madison was his probable preference; and Madison

had the doubtful advantage of a formal nomination by the regular

congressional caucus of the party. But Monroe still considered his

chances of election good; and Vice-President George Clinton also

announced his candidacy. Both Monroe and Clinton represented those

elements of opposition which harassed the closing months of the

Administration. Contrary to expectation, the Federalists did not ally

themselves with Clinton, but preferred to go down in defeat under their

old leaders, Charles C. Pinckney and Rufus King. With the opposition

thus divided, Madison scored an easy victory; but against him was the

almost solid vote of a section. All the New England States but Vermont

cast their electoral votes for the Federalist candidates.

Before the end of the year the failure of the embargo was patent to

every fair-minded observer. The alternatives, war or submission, were

not pleasant to contemplate. From force of habit the party in power

looked to Jefferson for leadership; but since Madison's election, he had

assumed the role of "unmeddling listener," not wishing to commit his

successor to any policy. The abdication of Jefferson thus left the party

without a leader and without a program at a most critical moment.

Under the circumstances it was easier to continue the embargo than to

face the probability of war. Gallatin had already urged the need of more

stringent laws for the enforcement of the embargo,--laws which he

admitted were both odious and dangerous. On January 9, 1809, Congress

passed the desired legislation. Thereafter coasting vessels were obliged

to give bonds to six times the value of vessel and cargo before they

were permitted to load. Collectors were authorized to refuse permission

if in their opinion there was "an intention to violate the embargo."

Only loss at sea released a shipowner from his bond. In suits at law

neither capture nor any other accident could be pleaded. Collectors at

the ports and on the frontiers were authorized to seize goods which were

"apparently on their way toward the territory of a foreign nation." And

for such seizures the collectors were not liable in courts of law. The

army, the navy, and the militia were put at their disposal.

The "Force Act" was the last straw for the Federalists of Massachusetts.

Town after town adopted resolutions which ran through the whole gamut of

partisan abuse. The General Court of Massachusetts resolved that it

would cooperate with other States in procuring such amendments to the

Constitution as were necessary to obtain protection for commerce and to

give to the commercial States "their fair and just consideration in the

government of the Union." Governor Trumbull, of Connecticut, flatly

declined to allow the militia to assist the collectors in the

enforcement of the embargo, holding that the act to enforce the embargo

was unconstitutional, "interfering with the state sovereignties, and

subversive of the guaranteed rights, privileges, and immunities of the

citizens of the United States." The legislature rallied to the support

of the governor with resolutions which breathe much the same spirit as

the Virginia and Kentucky Resolutions of 1798.

The incessant bombardment by the New England towns was too much for

Jefferson's equanimity. "I felt the foundation of the government shaken

under my feet by the New England townships," he said in after years. His

control over his own party was gone. Northern Republicans combined with

Federalists to force the repeal of the embargo through Congress; and on

March 1, 1809, with much bitterness of spirit, Jefferson signed the bill

that terminated his great experiment. Instead of interdicting commerce

altogether, Congress suspended intercourse with France and Great Britain

after March 15 and until one or the other of the offenders repealed its

obnoxious orders. Meantime, American vessels were free to pick up what

trade they could with other nations.

BIBLIOGRAPHICAL NOTE

The historical writings of Henry Adams are indispensable aids to

an understanding of the foreign policy of Jefferson. On the effect

of the embargo, Channing, _The Jeffersonian System_, takes sharp

issue with Adams. There is a mass of valuable data on social

history in the third volume of McMaster, _History of the People of

the United States_. E. L. Bogart, _Economic History of the United

States_ (1913); Katherine Coman, _Industrial History of the United

States_ (1913); and C. D. Wright, _Industrial Evolution of the

United States_ (1907), are manuals containing much valuable

matter. The brief introductions to the chapters in G. S.

Callender, _Selections from the Economic History of the United

Slates_ (1909), are always illuminating. The foreign policy of

Jefferson and Madison is extensively reviewed in A. T. Mahan, _Sea

Power in its Relations to the War of 1812_ (2 vols., 1905).

Union and Democracy · 第 10 / 19 章