CHAPTER XI

THE APPROACH OF WAR

The Administration of James Madison began with what seemed like a

diplomatic triumph. Negotiations with the new British minister, Erskine,

led to a complete agreement on all the points in dispute. Full

reparation was to be made for the Chesapeake affair. The offensive

orders in council of 1807 were to be withdrawn on a fixed date.

Thereupon, with undisguised satisfaction, the President issued a

proclamation, April 21, 1809, renewing commercial intercourse with Great

Britain. General rejoicing followed. Ships which had been tied up to

wharves for eighteen months put to sea with crowded holds. Those

Republicans who had stanchly upheld the Jeffersonian policy of peaceable

coercion boldly claimed for the embargo the credit of having brought

about this happy consummation. Some misgivings were excited, to be sure,

by the report of a new order in council which substituted a blockade of

Holland, France, and Italy for the order of November, 1807; yet weeks of

smug satisfaction were enjoyed by the Administration before it was

bewildered by the tidings that Canning had recalled Erskine and

repudiated all his acts. Madison had to submit to "the mortifying

necessity" of issuing another proclamation reviving the Non-Intercourse

Act against Great Britain.

Erskine was replaced by Francis James Jackson, a typical representative

of the governing class,--intolerant, overbearing, and contemptuous. He

had been chosen in 1807 for the brutal destruction of the Danish fleet

at Copenhagen. Pinkney described him as "completely attached to all

those British principles and doctrines which sometimes give us trouble."

Madison was speedily convinced that conciliation was not the keynote of

this man's mission. After the first exchange of notes, he took the pen

out of the hand of Robert Smith, his incompetent Secretary of State, in

order to deal more effectually with the adversary. When Jackson

intimated that Erskine had been disavowed for disobedience to

instructions and that the Administration was somehow responsible for

this misconduct, Madison warned him sharply that "such insinuations are

inadmissible in the intercourse of a foreign minister with a government

that understands what it owes itself"; and a few days later, after an

exhibition of domineering temper on the part of Jackson, Madison

informed him that no further communications would be received. Months

passed, however, before Jackson was recalled; and in the mean time he

made a tour through the Eastern States where he was warmly welcomed by

the Federalists. No better evidence was needed to convince the

Administration of the unpatriotic and pro-British attitude of Federalist

New England.

The Non-Intercourse Act had brought some measure of relief to New

England shipping. Trade with parts of the European continent could now

be carried on by those who wished to incur the hazard. A greater volume

of trade was probably carried on illicitly with England. Amelia Island,

just across the Florida line, and Halifax, in Nova Scotia, became

intermediate ports to which American goods went for reshipment to Europe

and to which British merchandise was shipped for distribution in the

United States. Notwithstanding these well-known evasions of the law,

Congress would probably have been content to leave well enough alone but

for the fact that the Non-Intercourse Act would expire by limitation in

the spring of 1810. Some action was imperative. A bill was drawn by the

Administration to meet the situation and introduced in the House by

Macon; but it failed to command the support of the party and was dropped

in favor of a second bill, commonly known as Macon's Bill No. 2, though

he was not the author of it. This measure eventually became law, May 1,

1810. "It marked the last stage toward the admitted failure of

commercial restrictions as a substitute for war," writes Mr. Adams. By

repealing the Non-Intercourse Act it left commerce free once more to

seek the markets of the world. In case either Great Britain or France

should revoke or modify its hostile policy, the President was authorized

to revive the Non-Intercourse Act against the delinquent nation.

After the Non-Intercourse Act of 1809, Napoleon had begun the

"sequestration" of American vessels in European ports. Sequestration

proved to be only a euphemistic expression for confiscation. On May 14,

he issued from Rambouillet a decree which authorized the seizure and

condemnation of all American ships in French ports. With an eye to the

needs of his war chest, the Emperor calculated that by drawing in this

net he would make a catch amounting to about six million dollars. As a

matter of fact, this was a conservative estimate. The American consul at

Paris reported the seizure of one hundred and thirty-four vessels

between April, 1809, and April, 1810. The actual loss to American

shipowners could not have been less than ten millions of dollars.

The news of the passage of Macon's bill suggested another stroke to the

wily conqueror of Europe. On August 5, he announced to the American

Minister that the decrees of Berlin and Milan were revoked and would be

inoperative after November 1, "it being understood that in consequence

of this declaration the English are to revoke their orders in council

and renounce the new principles of blockade," and that the United

States, conforming to its act of May 1, 1810, would "cause their rights

to be respected by the English."

Accepting this letter at its face value, with a credulity which now

seems incredible, President Madison proclaimed on November 2 that France

had withdrawn its decrees, and that in consequence commercial

intercourse with Great Britain would be suspended on and after February

2, 1811. Madison's haste was due to a very natural desire to coerce

Great Britain into a similar renunciation, but to his chagrin, the

British Ministry refused to accept the mere notification of Napoleon as

evidence of the repeal of the various decrees. Even the supporters of

the Administration became uneasy as months passed without any formal

edict of revocation. Might not the courts adjudge that the decrees had

not been repealed _pro forma_? The Administration was greatly perturbed

in December, too, by the news that two American vessels had been

sequestered at Bordeaux. After much hesitation, Congress came to the

support of the President and revived the Non-Intercourse Act against

Great Britain, at the same time admitting the weakness of its position

by the additional provision that the courts should not entertain the

question whether the French decrees were or were not revoked. On the

same day, February 28, 1811, Pinkney took formal leave of the Prince

Regent under circumstances which presaged, if they did not imply, a

rupture of diplomatic relations. Yet the British Ministry had so little

comprehension of the temper of the American people that at this very

moment Wellesley was drafting instructions for the new Minister, Mr.

Augustus John Foster, which bade him yield not a jot or a tittle to the

alleged rights of neutrals. He was, however, to make proper reparation

for the Chesapeake affair.

In these months of struggle for the rights of neutral commerce, the

question of impressments had been relegated to second place in the minds

of Americans. The blockade of New York by British frigates in the spring

of 1811 suddenly revived the old controversy. For a year past an

American squadron under the command of Commodore John Rodgers had

patrolled the coast, under instructions to protect all merchantmen from

molestation by armed foreign cruisers within the three-mile limit.

The British frigate Guerriere had made itself particularly offensive by

its search crews and arbitrary seizures of alleged deserters. On May 16,

1811, Commodore Rodgers's flagship, the frigate President carrying

forty-four guns, sighted a British sloop-of-war some fifty miles east of

Cape Henry, which he believed to be the Guerriere, and wishing to make

inquiries about a certain seaman who was reported to have been

impressed, Rodgers sailed toward the stranger. The vessel acted in a

manner which was thought suspicious, so the President gave chase. On

coming within range about dusk, the American frigate was fired upon, so

it was alleged in a subsequent court of inquiry. The President then

opened its batteries and in less than fifteen minutes had overpowered

the British corvette. To his surprise and disappointment, Rodgers then

learned that his antagonist was not the Guerriere, but the Little Belt,

a vessel far inferior to his own and carrying only twenty guns. When the

new British Minister arrived in Washington, he found the Administration

singularly indifferent to the historic Chesapeake affair. In the opinion

of the American public, the President had avenged the Chesapeake.

While Congress was vacillating between non-intercourse and partial

non-intercourse, in the early months of 1810, with a strong inclination

toward the path of least resistance, one voice was raised for war. Henry

Clay was then filling out an unexpired term in the Senate upon

appointment by the Governor of Kentucky. Born in Virginia, thirty-three

years before, he had sought his fortune as a young lawyer in the new

communities beyond the Alleghanies. Closely identified with the

aggressive spirit of his section, he voiced a growing sense of

humiliation that his country should be buffeted by every British

ministry. The people of Kentucky and Tennessee had little patience with

half measures in defense of national rights. The petty diplomacy of

closet statesmen did not appeal to the soul of the frontiersman who was

accustomed to hew his way to his goal. The people of this section,

imperial in its dimensions, were prepared for large tasks done in a bold

way. Their ideas of the Union transcended the policies of Eastern

statesmen, whose eyes saw no farther than the tops of the Alleghanies

and whose ears listened all too readily to the admonitions of European

chancellors. Clay spoke heatedly of the "ignominious surrender of our

rights"--heritage of the heroes of the Revolution. He would have

Congress exhibit the vigor of their forbears. "The conquest of Canada is

in your power," he cried. "I trust I shall not be deemed presumptuous

when I state that I verily believe that the militia of Kentucky alone

are competent to place Montreal and Upper Canada at your feet." This was

a new and unfamiliar style of oratory in the Senate of the United

States.

At this moment, however, the United States seemed far more likely to

acquire the Floridas than Canada. In the summer of 1810, Americans who

had crossed the border and settled in and around the district of West

Feliciana rose in revolt against the Spanish governor at Baton Rouge,

and declared West Florida a free and independent state, appealing to the

Supreme Ruler of the world for the rectitude of their intentions. What

their intentions were appeared in a petition to the President for

annexation to the United States. This was an opportune moment for the

realization of the hopes which Madison had cherished ever since the

acquisition of Louisiana. On October 27, 1810, he issued a proclamation,

announcing that Governor Claiborne would take possession of West Florida

to the river Perdido, in the name of the United States.

Not satisfied with this achievement, President Madison called attention

in a secret message to the condition of East Florida and asked Congress

for authority to take temporary possession of any part or parts of the

territory. With equal secrecy Congress gave the desired authorization,

and the President immediately sent two commissioners with large

discretionary powers to the St. Mary's River. In March, 1812, another

"revolution" took place. The Spanish governor of East Florida was forced

to surrender and to permit the occupation of Amelia Island in the name

of the United States. The farce was too broad, however, even for the

eager Administration. The President was obliged to disavow the acts of

his agents. But Amelia Island was not evacuated until May, 1813, and

West Florida was never released. After much deliberation Congress

annexed part of the region to the new State of Louisiana and joined the

rest to the Territory of Mississippi.

In the Northwest also American pioneers were overrunning the bounds, not

those fixed by international agreement, to be sure, but those marked by

Indian treaties, which commanded even less respect. A society which

believed that the only good Indian was a dead Indian was not likely to

be over-nice in its appraisal of his property rights. The line of

intercourse marked by the Treaty of Greenville in 1795 had receded

somewhat as home-seekers had pushed their way up the rivers from the

Ohio into the Indiana Territory; but the vast interior around the upper

waters of the Wabash River was still closed to white men. Governor

William Henry Harrison fully shared the irritation of the settlers that

Indians should monopolize the best lands. He was therefore a willing

agent of the President when in 1804 and 1805 he took advantage of the

necessities of certain chieftains, whom he called "the most depraved

wretches on earth," to despoil whole tribes of their lands, under the

guise of treaties.

Among the better class of Indians this policy aroused the bitterest

resentment. The rise of Tecumseh, son of a Shawnee warrior, and of his

brother the Prophet, dates from this time. It was the aim of these

remarkable individuals to prevent the further alienation of Indian lands

by limiting the authority of irresponsible local chiefs and conferring

it upon a congress of warriors from all allied tribes. During the year

1808, Tecumseh and the Prophet laid the foundation of a confederacy by

establishing an Indian village on Tippecanoe Creek, one hundred and

fifty miles above Vincennes.

In the following year (1809), Governor Harrison anticipated the

formation of this Indian confederation by beginning negotiations with

the same irresponsible sachems for the cession of more lands. The

treaty, which was readily concluded, carried despair to the heart of

every follower of Tecumseh, for it conveyed to the National Government

three millions of acres of the best lands in the Indian country,

extending along both banks of the Wabash for a hundred miles. An

alliance with the British seemed to be the only recourse of the Indians.

Only a spark was needed to start a conflagration along the whole

frontier.

Although war was believed to be imminent by the people of Indiana, the

winter and summer of 1811 passed without untoward events. Toward the end

of October, Harrison began a forward movement into the Indian country.

On the morning of November 7, his camp on the banks of the Tippecanoe

was attacked. A sharp engagement followed, in which the army narrowly

escaped disaster; but the troops rallied and finally succeeded in

routing the Indians. In the abandoned village of the Prophet were found

English arms--confirmatory evidence, it was said, of the part which the

British in Canada had taken in the projects of Tecumseh and the Prophet.

Occurring at a moment of tension between the United States and Great

Britain, the battle of Tippecanoe may be regarded properly as "a

premature outbreak of the great wars of 1812." An unforeseen consequence

of this skirmish on the frontier was the rise of a new popular hero in

the West.

Nationally minded men indulged high hopes of the new Congress which

convened at the capital in November, 1811. The presence of some seventy

new members, many of whom belonged to a younger generation, warranted

the expectation that the Twelfth Congress would exhibit greater vigor

than its predecessor. In organizing, the House passed over Macon, who

belonged to the old school of statesmen, and chose as Speaker Henry

Clay, who had exchanged his seat in the Senate for this more stirring

arena. Clay's conception of the Speakership was novel. He was determined

to be something more than a mere presiding officer. As a leader of his

party he proposed to use his powers of office to shape legislation. His

heart was set upon an aggressive policy. War had no terrors for him. He

therefore named his committees with the possibility of war in mind.

There were many young men who shared Clay's impatience with the policy

of peaceable coercion and its humiliating sequel. Grundy, of Tennessee,

had been elected because he openly favored war. He admitted that he was

"anxious not only to add the Floridas to the south, but the Canadas to

the north of this Empire." John C. Calhoun, a new member from South

Carolina, openly repudiated the restrictive system of the President as a

mode of resistance suited neither to the genius of the people nor to the

geographical character of the country. "We have had a peace like a war,"

he cried; "in the name of Heaven let us not have the only thing that is

worse--a war like a peace!" Clay left the chair frequently to stir the

House by his glowing eloquence. Whatever else might be said about these

young stalwarts, no one could doubt their ardent nationalism and

devotion to the Union. Even the President was moved to allude gently in

his annual message to the duty of assuming "an attitude demanded by the

crisis and corresponding with the national spirit and expectations."

The response of Congress was exasperatingly slow. It was January before

a bill to increase the standing army by twenty-five thousand men became

law. Another month passed before Congress would agree to a bill

authorizing the President to raise a volunteer force of fifty thousand

men. No arguments would move the House to vote an appropriation of seven

and a half million dollars for a navy of twenty frigates and twelve

ships-of-the-line. Even more discouraging was the reluctance of Congress

to anticipate the financial drain of war by levying the internal revenue

taxes which Gallatin strongly recommended, now that Congress had

suffered the charter of the National Bank to expire. Without that

important instrument of credit, he saw no alternative but to revive the

excise which was so hateful to Republicans. In the end Congress

authorized a loan of eleven million dollars, but no additional taxes.

[Map: Vote of House on the Declaration of War June 4, 1812]

From the first the war party had fixed upon Great Britain as the object

of attack. In the sober light of history, France appears to be quite as

much an enemy to American commerce. But so long as the Administration

maintained that Napoleon had withdrawn his decrees, and that England had

not, consistency required that Great Britain should be regarded as the

greater offender. Reparation had been made for the Chesapeake affair, to

be sure, but no guaranties had been given that the rights of

neutral vessels would be respected on the high seas. Besides, the group

of young Republicans led by Clay and Grundy had looked forward to the

conquest of Canada on the north and of Florida on the south as the

result of war. Madison was too keen a politician not to know that he

could not afford to alienate this group if he wished a second term in

office. On April 1, he recommended an embargo for sixty days, and two

months later, on June 1, he sent his famous war message to Congress.

In reciting the grievances of the United States, the President thrust

into the foreground "the continued practice of violating the American

flag on the great highway of nations, and of seizing and carrying off

persons sailing under it." No one could deny that these were real

grievances, but they had not been pressed in recent negotiations as a

possible cause of war. A second grievance was the blockade of American

ports by British cruisers. "They hover over and harass our entering and

departing commerce," said the President. "To the most insulting

pretentions they have added the most lawless proceedings in our very

harbors; and have wantonly spilt American blood within the sanctuary of

our territorial jurisdiction." This grievance was also real, but not of

recent date. When the President alluded to "pretended blockades" under

which "our commerce has been plundered in every sea," he touched upon

outrages which were still fresh in the minds of all. "Not content with

these occasional expedients for laying waste our neutral trade,"

continued the message, "the Cabinet of Great Britain resorted, at

length, to the sweeping system of blockades, under the name of Orders in

Council." Finally, the President did not refrain from the plain

intimation that the Indian hostilities on the frontier were due to the

influence of British traders and British garrisons.

Three days later the House of Representatives passed a bill declaring

war by a vote of 79 to 49. The opposition came largely from the

Northeast. The representatives from Connecticut and Rhode Island were to

a man against war, and they were supported by Federalists from

Massachusetts, New York, New Jersey, Maryland, and Delaware. In the

Senate the vote stood 19 for war and 13 against it. "Except

Pennsylvania, the entire representation of no Northern State declared

itself for the war; except Kentucky, every State south of the Potomac

and Ohio voted for the declaration."

While Congress was debating the alternatives of peace or war, the

British Government took a step which under modern conditions would have

averted hostilities. Taking advantage of a decree of Napoleon dating

from 1810, which declared his edicts revoked so far as American vessels

were concerned, the Ministry announced on June 23 that the British

orders would be withdrawn. But just five days earlier, President Madison

had proclaimed a state of war between the United States and Great

Britain.

BIBLIOGRAPHICAL NOTE

A brief account of the events which formed the prelude to the War

of 1812 may be found in K. C. Babcock, _The Rise of American

Nationality_ (in _The American Nation_, vol. 13, 1906). The

diplomatic and military antecedents of the war are set forth at

greater length in A. T. Mahan, _Sea Power in its Relation to the

War of 1812_ (2 vols., 1905). Biographies contribute much that is

of interest. Carl Schurz, _Henry Clay_ (2 vols., 1887), is one of

the best. J. T. Morse, _John Quincy Adams_ (1882), and Edmund

Quincy, _Life of Josiah Quincy of Massachusetts_ (1867), also

contain interesting information. M. P. Follett, _The Speaker of

the House of Representatives_ (1896); Edward Stanwood, _History of

the Presidency_ (1898); and M. L. Hinsdale, _History of the

President's Cabinet_ (1911), touch upon important aspects of

politics. The volume entitled _Memoirs and Letters of Dolly

Madison_ (1886) gives many charming glimpses of social life at the

capital. The discomforts and hazards of travel in the West are

described with great vivacity by Margaret Van Horn, _A Journey to

Ohio in 1810_ (1912).

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