CHAPTER VII. AN ABUSE OF HOSPITALITY

While Captain Bainbridge was eating his heart out in the Pasha's prison

at Tripoli, his thoughts reverting constantly to his lost frigate, he

reminded Commodore Preble, with whom he was allowed to correspond,

that "the greater part of our crew consists of English subjects not

naturalized in America." This incidental remark comes with all the

force of a revelation to those who have fondly imagined that the sturdy

jack-tars who manned the first frigates were genuine American sea-dogs.

Still more disconcerting is the information contained in a letter from

the Secretary of the Treasury to President Jefferson, some years later,

to the effect that after 1803 American tonnage increased at the rate of

seventy thousand a year, but that of the four thousand seamen required

to man this growing mercantile marine, fully one-half were British

subjects, presumably deserters. How are these uncomfortable facts to

be explained? Let a third piece of information be added. In a report of

Admiral Nelson, dated 1803, in which he broaches a plan for manning

the British navy, it is soberly stated that forty-two thousand British

seamen deserted "in the late war." Whenever a large convoy assembled at

Portsmouth, added the Admiral, not less than a thousand seamen usually

deserted from the navy.

The slightest acquaintance with the British navy when Nelson was winning

immortal glory by his victory at Trafalgar must convince the most

sceptical that his seamen for the most part were little better than

galley slaves. Life on board these frigates was well-nigh unbearable.

The average life of a seaman, Nelson reckoned, was forty-five years. In

this age before processes of refrigeration had been invented, food could

not be kept edible on long voyages, even in merchantmen. Still worse

was the fare on men-of-war. The health of a crew was left to Providence.

Little or no forethought was exercised to prevent disease; the commonest

matters of personal hygiene were neglected; and when disease came

the remedies applied were scarcely to be preferred to the disease.

Discipline, always brutal, was symbolized by the cat-o'-nine-tails.

Small wonder that the navy was avoided like the plague by every man and

seaman.

Yet a navy had to be maintained: it was the cornerstone of the Empire.

And in all the history of that Empire the need of a navy was never

stronger than in these opening years of the nineteenth century. The

practice of impressing able men for the royal navy was as old as the

reign of Elizabeth. The press gang was an odious institution of

long standing--a terror not only to rogue and vagabond but to every

able-bodied seafaring man and waterman on rivers, who was not exempted

by some special act. It ransacked the prisons, and carried to the navy

not only its victims but the germs of fever which infested public places

of detention. But the press gang harvested its greatest crop of seamen

on the seas. Merchantmen were stopped at sea, robbed of their able

sailors, and left to limp short-handed into port. A British East

Indiaman homeward bound in 1802 was stripped of so many of her crew in

the Bay of Biscay that she was unable to offer resistance to a French

privateer and fell a rich victim into the hands of the enemy. The

necessity of the royal navy knew no law and often defeated its own

purpose.

Death or desertion offered the only way of escape to the victim of the

press gang. And the commander of a British frigate dreaded making port

almost as much as an epidemic of typhus. The deserter always found

American merchantmen ready to harbor him. Fair wages, relatively

comfortable quarters, and decent treatment made him quite ready to take

any measures to forswear his allegiance to Britannia. Naturalization

papers were easily procured by a few months' residence in any State

of the Union; and in default of legitimate papers, certificates of

citizenship could be bought for a song in any American seaport, where

shysters drove a thrifty traffic in bogus documents. Provided the

English navy took the precaution to have the description in his

certificate tally with his personal appearance, and did not let his

tongue betray him, he was reasonably safe from capture.

Facing the palpable fact that British seamen were deserting just when

they were most needed and were making American merchantmen and frigates

their asylum, the British naval commanders, with no very nice regard for

legal distinctions, extended their search for deserters to the decks of

American vessels, whether in British waters or on the high seas. If in

time of war, they reasoned, they could stop a neutral ship on the high

seas, search her for contraband of war, and condemn ship and cargo in a

prize court if carrying contraband, why might they not by the same token

search a vessel for British deserters and impress them into service

again? Two considerations seem to justify this reasoning: the trickiness

of the smart Yankees who forged citizenship papers, and the indelible

character of British allegiance. Once an Englishman always an

Englishman, by Jove! Your hound of a sea-dog might try to talk through

his nose like a Yankee, you know, and he might shove a dirty bit of

paper at you, but he couldn't shake off his British citizenship if he

wanted to! This was good English law, and if it wasn't recognized by

other nations so much the worse for them. As one of these redoubtable

British captains put it, years later: "'Might makes right' is the

guiding, practical maxim among nations and ever will be, so long as

powder and shot exist, with money to back them, and energy to wield

them." Of course, there were hair-splitting fellows, plenty of them, in

England and the States, who told you that it was one thing to seize a

vessel carrying contraband and have her condemned by judicial process in

a court of admiralty, and quite another thing to carry British subjects

off the decks of a merchantman flying a neutral flag; but if you knew

the blasted rascals were deserters what difference did it make? Besides,

what would become of the British navy, if you listened to all the

fine-spun arguments of landsmen? And if these stalwart blue-water

Britishers could have read what Thomas Jefferson was writing at this

very time, they would have classed him with the armchair critics who

had no proper conception of a sailor's duty. "I hold the right of

expatriation," wrote the President, "to be inherent in every man by the

laws of nature, and incapable of being rightfully taken away from him

even by the united will of every other person in the nation."

In the year 1805, while President Jefferson was still the victim of

his overmastering passion, and disposed to cultivate the good will of

England, if thereby he might obtain the Floridas, unforeseen commercial

complications arose which not only blocked the way to a better

understanding in Spanish affairs but strained diplomatic relations

to the breaking point. News reached Atlantic seaports that American

merchantmen, which had hitherto engaged with impunity in the carrying

trade between Europe and the West Indies, had been seized and condemned

in British admiralty courts. Every American shipmaster and owner at once

lifted up his voice in indignant protest; and all the latent hostility

to their old enemy revived. Here were new orders-in-council, said they:

the leopard cannot change his spots. England is still England--the

implacable enemy of neutral shipping. "Never will neutrals be perfectly

safe till free goods make free ships or till England loses two or three

great naval battles," declared the Salem Register.

The recent seizures were not made by orders-in-council, however, but in

accordance with a decision recently handed down by the court of appeals

in the case of the ship Essex. Following a practice which had become

common in recent years, the Essex had sailed with a cargo from Barcelona

to Salem and thence to Havana. On the high seas she had been captured,

and then taken to a British port, where ship and cargo were condemned

because the voyage from Spain to her colony had been virtually

continuous, and by the so-called Rule of 1756, direct trade between a

European state and its colony was forbidden to neutrals in time of war

when such trade had not been permitted in time of peace. Hitherto, the

British courts had inclined to the view that when goods had been landed

in a neutral country and duties paid, the voyage had been broken.

Tacitly a trade that was virtually direct had been countenanced, because

the payment of duties seemed evidence enough that the cargo became a

part of the stock of the neutral country and, if reshipped, was then a

bona fide neutral cargo. Suddenly English merchants and shippers woke

to the fact that they were often victims of deception. Cargoes would

be landed in the United States, duties ostensibly paid, and the goods

ostensibly imported, only to be reshipped in the same bottoms, with the

connivance of port officials, either without paying any real duties

or with drawbacks. In the case of the Essex the court of appeals cut

directly athwart these practices by going behind the prima facie payment

and inquiring into the intent of the voyage. The mere touching at a

port without actually importing the cargo into the common stock of the

country did not alter the nature of the voyage. The crucial point

was the intent, which the court was now and hereafter determined to

ascertain by examination of facts. The court reached the indubitable

conclusion that the cargo of the Essex had never been intended for

American markets. The open-minded historian must admit that this was

a fair application of the Rule of 1756, but he may still challenge the

validity of the rule, as all neutral countries did, and the wisdom of

the monopolistic impulse which moved the commercial classes and the

courts of England to this decision.*

* Professor William E. Lingelbach in a notable article on

"England and Neutral Trade" in "The Military Historian and

Economist" (April, 1917) has pointed out the error committed

by almost every historian from Henry Adams down, that the

Essex decision reversed previous rulings of the court and

was not in accord with British law.

Had the impressment of seamen and the spoliation of neutral commerce

occurred only on the high seas, public resentment would have mounted to

a high pitch in the United States; but when British cruisers ran into

American waters to capture or burn French vessels, and when British

men-of-war blockaded ports, detaining and searching--and at times

capturing--American vessels, indignation rose to fever heat. The

blockade of New York Harbor by two British frigates, the Cambrian and

the Leander, exasperated merchants beyond measure. On board the Leander

was a young midshipman, Basil Hall, who in after years described the

activities of this execrated frigate.

"Every morning at daybreak, we set about arresting the progress of all

the vessels we saw, firing of guns to the right and left to make every

ship that was running in heave to, or wait until we had leisure to send

a boat on board 'to see,¹ in our lingo, 'what she was made of.' I have

frequently known a dozen, and sometimes a couple of dozen, ships lying

a league or two off the port, losing their fair wind, their tide, and

worse than all their market, for many hours, sometimes the whole day,

before our search was completed."*

* "Fragments of Voyages and Travels," quoted by Henry Adams,

in "History of the United States", vol. III, p. 92.

One day in April, 1806, the Leander, trying to halt a merchantman that

she meant to search, fired a shot which killed the helmsman of a passing

sloop. The boat sailed on to New York with the mangled body; and the

captain, brother of the murdered man, lashed the populace into a rage

by his mad words. Supplies for the frigates were intercepted, personal

violence was threatened to any British officers caught on shore, the

captain of the Leander was indicted for murder, and the funeral of the

murdered sailor was turned into a public demonstration. Yet nothing came

of this incident, beyond a proclamation by the President closing the

ports of the United States to the offending frigates and ordering the

arrest of the captain of the Leander wherever found. After all, the

death of a common seaman did not fire the hearts of farmers peacefully

tilling their fields far beyond hearing of the Leander's guns.

A year full of troublesome happenings passed; scores of American vessels

were condemned in British admiralty courts, and American seamen were

impressed with increasing frequency, until in the early summer of 1807

these manifold grievances culminated in an outrage that shook even

Jefferson out of his composure and evoked a passionate outcry for war

from all parts of the country.

While a number of British war vessels were lying in Hampton Roads

watching for certain French frigates which had taken refuge up

Chesapeake Bay, they lost a number of seamen by desertion under

peculiarly annoying circumstances. In one instance a whole boat's crew

made off under cover of night to Norfolk and there publicly defied

their commander. Three deserters from the British frigate Melampus had

enlisted on the American frigate Chesapeake, which had just been fitted

out for service in the Mediterranean; but on inquiry these three were

proven to be native Americans who had been impressed into British

service. Unfortunately inquiry did disclose one British deserter who

had enlisted on the Chesapeake, a loud-mouthed tar by the name of Jenkin

Ratford. These irritating facts stirred Admiral Berkeley at Halifax

to highhanded measures. Without waiting for instructions, he issued an

order to all commanders in the North Atlantic Squadron to search the

Chesapeake for deserters, if she should be encountered on the high seas.

This order of the 1st of June should be shown to the captain of the

Chesapeake as sufficient authority for searching her.

On June 22, 1807, the Chesapeake passed unsuspecting between the capes

on her way to the Mediterranean. She was a stanch frigate carrying

forty guns and a crew of 375 men and boys; but she was at this time in

a distressing state of unreadiness, owing to the dilatoriness and

incompetence of the naval authorities at Washington. The gundeck was

littered with lumber and odds and ends of rigging; the guns, though

loaded, were not all fitted to their carriages; and the crew was

untrained. As the guns had to be fired by slow matches or by loggerheads

heated red-hot, and the ammunition was stored in the magazine, the

frigate was totally unprepared for action. Commodore Barron, who

commanded the Chesapeake, counted on putting her into fighting trim on

the long voyage across the Atlantic.

Just ahead of the Chesapeake as she passed out to sea, was the Leopard,

a British frigate of fifty-two guns, which was apparently on the lookout

for suspicious merchantmen. It was not until both vessels were eight

miles or more southeast of Cape Henry that the movements of the Leopard

began to attract attention. At about half-past three in the afternoon

she came within hailing distance and hove to, announcing that she had

dispatches for the commander. The Chesapeake also hove to and answered

the hail, a risky move considering that she was unprepared for action

and that the Leopard lay to the windward. But why should the commander

of the American frigate have entertained suspicions?

A boat put out from the Leopard, bearing a petty officer, who delivered

a note enclosing Admiral Berkeley's order and expressing the hope that

"every circumstance... may be adjusted in a manner that the harmony

subsisting between the two countries may remain undisturbed." Commodore

Barron replied that he knew of no British deserters on his vessel and

declined in courteous terms to permit his crew to be mustered by any

other officers but their own. The messenger departed, and then, for the

first time entertaining serious misgivings, Commodore Barron ordered his

decks cleared for action. But before the crew could bestir themselves,

the Leopard drew near, her men at quarters. The British commander

shouted a warning, but Barron, now thoroughly alarmed, replied, "I don't

hear what you say." The warning was repeated, but again Barron to gain

time shouted that he could not hear. The Leopard then fired two shots

across the bow of the Chesapeake, and almost immediately without

parleying further--she was now within two hundred feet of her

victim--poured a broadside into the American vessel.

Confusion reigned on the Chesapeake. The crew for the most part showed

courage, but they were helpless, for they could not fire a gun for

want of slow matches or loggerheads. They crowded about the magazine

clamoring in vain for a chance to defend the vessel; they yelled with

rage at their predicament. Only one gun was discharged and that was by

means of a live coal brought up from the galley after the Chesapeake had

received a third broadside and Commodore Barron had ordered the flag to

be hauled down to spare further slaughter. Three of his crew had already

been killed and eighteen wounded, himself among the number. The whole

action lasted only fifteen minutes.

Boarding crews now approached and several British officers climbed

to the deck of the Chesapeake and mustered her crew. Among the ship's

company they found the alleged deserters and, hiding in the coal-hole,

the notorious Jenkin Ratford. These four men they took with them,

and the Leopard, having fulfilled her instructions, now suffered the

Chesapeake to limp back to Hampton Roads. "For the first time in their

history," writes Henry Adams, * "the people of the United States learned,

in June, 1807, the feeling of a true national emotion. Hitherto every

public passion had been more or less partial and one-sided;... but the

outrage committed on the Chesapeake stung through hidebound prejudices,

and made democrat and aristocrat writhe alike."

* History of the United States, vol. IV, p. 27.

Had President Jefferson chosen to go to war at this moment, he would

have had a united people behind him, and he was well aware that he

possessed the power of choice. "The affair of the Chesapeake put war

into my hand," he wrote some years later. "I had only to open it and

let havoc loose." But Thomas Jefferson was not a martial character. The

State Governors, to be sure, were requested to have their militia

in readiness, and the Governor of Virginia was desired to call such

companies into service as were needed for the defense of Norfolk.

The President referred in indignant terms to the abuse of the laws of

hospitality and the "outrage" committed by the British commander; but

his proclamation only ordered all British armed vessels out of American

waters and forbade all intercourse with them if they remained. The

tone of the proclamation was so moderate as to seem pusillanimous. John

Randolph called it an apology. Thomas Jefferson did not mean to have

war. With that extraordinary confidence in his own powers, which in

smaller men would be called smug conceit, he believed that he could

secure disavowal and honorable reparation for the wrong committed; but

he chose a frail intermediary when he committed this delicate mission to

James Monroe.

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