CHAPTER V.

ERSKINE’S despatches were received by Canning May 22, and the

“Morning Post” of the next day printed the news with approval: “Upon

this pleasing event we sincerely congratulate the public.” The “Times”

of May 24 accepted the arrangement: “We shall not urge anything against

the concessions.” May 25, with “considerable pain though but little

surprise,” the same newspaper announced that Erskine was disavowed by

the Government.

Canning’s abrupt rejection of Erskine’s arrangement without explanation

must have seemed even to himself a high-handed course, at variance

with some of his late professions, certain to injure or even to

destroy British influence in America, and likely to end in war. To

the settlement as a practical measure no objection could be alleged.

No charge of bad faith could be supported. No shadow of law or reason

could be devised for enforcing against America rights derived from

retaliation upon France, when America enforced stronger measures of

retaliation upon France than those imposed by the Orders in Council.

Neither the Non-importation Act of 1806, nor the “Chesapeake”

proclamation of 1807, nor the embargo, nor the Non-intercourse Act of

March, 1809, could be used to justify the rejection of an arrangement

which evaded or removed every British grievance. Even the subject of

impressments had been suppressed by the American government. Madison

flung himself into Canning’s arms, and to fling him back was an effort

of sheer violence.

Perhaps the effort gave to Canning’s conduct an air that he would

not naturally have cared to betray; for his manner was that of a man

irritated by finding himself obliged to be brutal. In the want of

a reason for rejecting the American arrangement, he was reduced to

rejecting it without giving a reason. The process of disciplining

Erskine was simple, for Erskine had disregarded instructions to an

extent that no government could afford to overlook; but President

Madison was not in the employ of the British king, and had a right to

such consideration at least as one gentleman commonly owes to another.

Canning addressed himself first to the simpler task. May 22, a few

hours after receiving the despatches from Washington, he wrote a

despatch to Erskine in regard to the “Chesapeake” arrangement.[71]

He reminded Erskine that his instructions had required the formal

exclusion of French war-vessels and the formal withdrawal of the

“Chesapeake” proclamation before any arrangement should be concluded.

Not only had these conditions been neglected, but two other less

serious errors had been made.

Variations from the rigor of instructions might be ground for reproving

Erskine, but could hardly excuse a disavowal of the compact; yet the

compact was disavowed. An impression was general that the Ministry were

disposed to ratify it, but were withheld by the paragraph in Robert

Smith’s letter defining what was due from his Britannic Majesty to

his own honor. Milder Foreign Secretaries than George Canning would

have found themselves obliged to take notice of such a reflection, and

Canning appeared at his best when his adversaries gave him an excuse

for the lofty tone he liked to assume.

“It remains for me,” he continued, “to notice the expressions,

so full of disrespect to his Majesty, with which that note

concludes; and I am to signify to you the displeasure which his

Majesty feels that any minister of his Majesty should have shown

himself so far insensible of what is due to the dignity of his

sovereign as to have consented to receive and transmit a note in

which such expressions were contained.”

Canning was hardly the proper person to criticise Robert Smith’s

disrespectful expressions, which, whatever their intention, failed

to be nearly as offensive as many of his own; but this was a matter

between himself and Erskine. Even after granting the propriety of

his comment, diplomatic usage seemed to require that some demand of

explanation or apology from the American government should precede the

rejection of an engagement otherwise satisfactory; but no such step was

in this case taken through Erskine. His settlement of the “Chesapeake”

outrage was repudiated without more words, and the next day Canning

repudiated the rest of the arrangement.

Nothing could be easier than to show that Erskine had violated his

instructions more plainly in regard to the Orders in Council than in

regard to the “Chesapeake” affair. Of the three conditions imposed by

Canning, not one had been fulfilled. The first required the repeal of

all Non-intercourse Acts against England, “leaving them in force with

respect to France;” but Erskine had doubly failed to secure it:[72]--

“As the matter at present stands before the world in your

official correspondence with Mr. Smith, the American government

would be at liberty to-morrow to repeal the Non-intercourse Act

altogether, without infringing the agreement which you have

thought proper to enter into on behalf of his Majesty; and

if such a clause was thought necessary to this condition at

the time when my instructions were written, it was obviously

become much more so when the Non-intercourse Act was passed for

a limited time. You must also have been aware at the time of

making the agreement that the American government had in fact

formally exempted Holland, a Power which has unquestionably

‘adopted and acted under the Decrees of France,’ from the

operation of the Non-intercourse Act,--an exemption in direct

contravention of the condition prescribed to you, and which of

itself ought to have prevented you from coming to any agreement

whatever.”

Here, again, sufficient reasons were given for punishing Erskine; but

these reasons were not equally good for repudiating the compact with

the United States. No American vessels could enter a Dutch port so long

as the British blockade lasted; therefore the exemption of Holland

from the non-intercourse affected England only by giving to her navy

another chance for booty, and to the Americans one more empty claim.

Canning himself explained to Pinkney[73] “that the exemption of Holland

from the effect of our embargo and non-intercourse would not have

been much objected to by the British government” if the President had

been willing to pledge himself to enforce the non-intercourse against

France; but for aught that appeared to the contrary, “the embargo and

non-intercourse laws might be suffered without any breach of faith

to expire, or might even be repealed immediately, notwithstanding

the perseverance of France in her Berlin and other edicts; and that

Mr. Erskine had in truth secured nothing more, as the consideration

of the recall of the Orders in Council, than the renewal of American

intercourse with Great Britain.”

Thus Canning justified the repudiation of Erskine’s arrangement by the

single reason that the United States government could not be trusted

long enough to prove its good faith. The explanation was difficult

to express in courteous or diplomatic forms; but perhaps its most

striking quality, next to its want of courtesy, was its evident want

of candor. Had the American government evaded its obligation, the

British government held the power of redress in its own hands. Clearly

the true explanation was to be sought elsewhere, in some object which

Canning could not put in diplomatic words, but which lay in the nature

of Perceval’s system. Even during the three days while the decision

was supposed to be in doubt, alarmed merchants threw themselves in

crowds on the Board of Trade, protesting that if American vessels with

their cheaper sugar, cotton, and coffee were allowed to enter Amsterdam

and Antwerp, British trade was at an end.[74] The mere expectation of

their arrival would create such a fall in prices as to make worthless

the accumulated mass of such merchandise with which the warehouses

were filled, not only in London, but also in the little island of

Heligoland at the mouth of the Elbe, where a system of licensed and

unlicensed smuggling had been established under the patronage of the

Board of Trade. Deputations of these merchants waited on Earl Bathurst

to represent the danger of allowing even those American ships to enter

Holland which might have already sailed from the United States on

the faith of Erskine’s arrangement. Somewhat unexpectedly ministers

refused to gratify this prayer. An Order in Council of May 24, while

announcing the Royal repudiation of Erskine’s arrangement, declared

that American vessels which should have cleared for Holland between

April 19 and July 20 would not be molested in their voyage.

The chief objection to Erskine’s arrangement, apart from its effect on

British merchants, consisted in the danger that by its means America

might compel France to withdraw her decrees affecting neutrals. The

chance that Erskine’s arrangement might involve America in war with

Napoleon was not worth the equal chance of its producing in the end

an amicable arrangement with Napoleon which would sacrifice the

last defence of British commerce and manufactures. Had the British

government given way, Napoleon, to whom the most solemn pledges cost

nothing, would certainly persuade President Madison to lean once more

toward France. The habit of balancing the belligerents--the first rule

of American diplomacy--required the incessant see-saw of interest. So

many unsettled questions remained open that British ministers could not

flatter themselves with winning permanent American favor by partial

concession.

To Canning’s despatch repudiating the commercial arrangement, Erskine

made a reply showing more keenness and skill than was to be found in

Canning’s criticism.

“It appears from the general tenor of your despatches,” wrote

Erskine[75] on receiving these letters of May 22 and 23, “that

his Majesty’s government were not willing to trust to assurances

from the American government, but that official pledges were to

have been required which could not be given for want of power,

some of them also being of a nature which would prevent a formal

recognition. Had I believed that his Majesty’s government were

determined to insist upon these conditions being complied with

in one particular manner only, I should have adhered implicitly

to my instructions; but as I collected from them that his

Majesty was desirous of accomplishing his retaliatory system by

such means as were most compatible with a good understanding

with friendly and neutral Powers, I felt confident that his

Majesty would approve of the arrangement I had concluded as

one likely to lead to a cordial and complete understanding

and co-operation on the part of the United States, which

co-operation never could be obtained by previous stipulations

either from the government of the United States, who have no

power to accede to them, or from Congress, which would never

acknowledge them as recognitions to guide their conduct.”

This reply, respectful in form, placed Secretary Canning in the dilemma

between the guilt of ignorance or that of bad faith; but the rejoinder

of a dismissed diplomatist weighed little except in history, and long

before it was made public Erskine and his arrangement had ceased

to interest the world. Canning disposed of both forever by a third

despatch, dated May 30, enclosing to Erskine an Order in Council

disavowing his arrangement and ordering him back to England.

When the official disavowal appeared in the newspapers of May 25,

Canning had an interview with Pinkney.[76] At great length and

with much detail he read the instructions he had given to Erskine,

and commented on the points in which Erskine had violated them. He

complained of unfriendly expressions in the American notes; but he

did not say why the arrangement failed to satisfy all the legitimate

objects of England, nor did he suggest any improvement or change which

would make the arrangement, as it existed, agreeable to him. On the

other hand, he announced that though Erskine would have to be recalled,

his successor was already appointed and would sail for America within a

few days.

If Canning showed, by his indulgence to American vessels and his haste

to send out a new minister, the wish to avoid a rupture with the United

States, his selection of an agent for that purpose was so singular as

to suggest that he relied on terror rather than on conciliation. In

case Erskine had obeyed his instructions, which ordered him merely

to prepare the way for negotiation, Canning had fixed upon George

Henry Rose as the negotiator.[77] Considering the impression left in

America by Rose on his previous mission, his appointment seemed almost

the worst that could have been made; but bad as the effect of such a

selection would have been, one man, and perhaps only one, in England

was certain to make a worse; and him Canning chose. The new minister

was Francis James Jackson. Whatever good qualities Jackson possessed

were overshadowed by the reputation he had made for himself at

Copenhagen. His name was a threat of violence; his temper and manners

were notorious; and nothing but his rank in the service marked him as

suitable for the post. Pinkney, whose self-control and tact in these

difficult circumstances could hardly be too much admired, listened in

silence to Canning’s announcement, and rather than risk making the

situation worse, reported that Jackson was, he believed, “a worthy man,

and although completely attached to all those British principles and

doctrines which sometimes give us trouble will, _I should hope_,

give satisfaction.” The English press was not so forbearing. The

“Morning Chronicle” of May 29 said that the appointment had excited

general surprise, owing to “the character of the individual;” and

Pinkney himself, in a later despatch, warned his Government that “it

is rather a prevailing notion here that this gentleman’s conduct will

not and cannot be what we all wish, and that a better choice might have

been made.”[78]

Jackson himself sought the position, knowing its difficulties. May

23, the day of his appointment, he wrote privately to his brother in

Spain: “I am about to enter upon a most delicate--I _hope_ not

desperate--enterprise.”[79] At a later time, embittered by want of

support from home, he complained that Canning had sent him on an errand

which he knew to be impossible to perform.[80] So well understood

between Canning and Jackson was the nature of the service, that Jackson

asked and received as a condition of his acceptance the promise that

his employment should last not less than twelve months.[81] The

delicate enterprise of which he spoke could have been nothing more than

that of preventing a rupture between England and America; but until he

studied his instructions, he could hardly have known in its full extent

how desperate this undertaking would be.

Canning made no haste. Nearly two months elapsed before Jackson

sailed. After correcting Erskine’s mistake and replacing the United

States in their position under the Orders in Council of April 26,

Canning, June 13, made a statement to the House of Commons. Declining

to touch questions of general policy for the reason that negotiations

were pending, he contented himself with satisfying the House that

Erskine had acted contrary to instructions and deserved recall. James

Stephen showed more clearly the spirit of Government by avowing the

opinion “that America in all her proceedings had no wish to promote

an impartial course with respect to France and this country.” The

Whigs knew little or nothing of the true facts; Erskine’s conduct

could not be defended; no one cared to point out that Canning left to

America no dignified course but war, and public interest was once more

concentrated with painful anxiety on the continent of Europe. America

dropped from sight, and Canning’s last and worst acts toward the United

States escaped notice or knowledge.

The session of Parliament ended June 21, a week before the special

session of Congress came to an end; and while England waited

impatiently for news from Vienna, where Napoleon was making ready for

the battle of Wagram, Canning drew up the instructions to Jackson,--the

last of the series of papers by which, through the peculiar qualities

of his style even more than by the violence of his acts, he embittered

to a point that seemed altogether contrary to their nature a whole

nation of Americans against the nation that gave them birth. If the

famous phrase of Canning was ever in any sense true,--that he called

a new world into existence to redress the balance of the old,--it was

most nearly true in the sense that his instructions and letters forced

the United States into a nationality of character which the war of the

Revolution itself had failed to give them.

The instructions to Jackson[82]--five in number--were dated July 1,

and require careful attention if the train of events which brought the

United States to the level of war with England is to be understood.

The first instruction began by complaint of Erskine’s conduct, passing

quickly to a charge of bad faith against the American government,

founded on “the publicity so unwarrantably given” to Erskine’s

arrangement:--

“The premature publication of the correspondence by the

American government so effectually precluded any middle course

of explanation and accommodation that it is hardly possible

to suppose that it must not have been resorted to in a great

measure with that view.

“The American government cannot have believed that such an

arrangement as Mr. Erskine consented to accept was conformable

to his instructions. If Mr. Erskine availed himself of the

liberty allowed to him of communicating those instructions on

the affair of the Orders in Council, they must have known that

it was not so; but even without such communication they cannot

by possibility have believed that without any new motive, and

without any apparent change in the dispositions of the enemy,

the British government could have been disposed at once and

unconditionally to give up the system on which they have been

acting, and which they had so recently refused to relinquish,

even in return for considerations which though far from being

satisfactory were yet infinitely more so than anything which can

be supposed to have been gained by Mr. Erskine’s arrangement.”

Canning attributed this conduct to a hope held by President Madison

that the British government would feel itself compelled, however

reluctantly, to sanction an agreement which it had not authorized. In

this case the American government had only itself to blame for the

consequences:--

“So far, therefore, from the American government having any

reason to complain of the non-ratification of Mr. Erskine’s

unauthorized agreement, his Majesty has on his part just ground

of complaint for that share of the inconvenience from the

publication which may have fallen upon his Majesty’s subjects,

so far as their interests may have been involved in the renewed

speculations of their American correspondents; and his Majesty

cannot but think any complaint, if any should be made on this

occasion in America, the more unreasonable, as the government

of the United States is that government which perhaps of all

others has most freely exercised the right of withholding its

ratification from even the authorized acts of its own diplomatic

agents.”

In this spirit Jackson was to meet any “preliminary discussion” which

might arise before he could proceed to negotiation. Canning did not

touch on the probability that if Jackson met preliminary discussion in

such a spirit as this, he would run something more than a risk of never

reaching negotiation at all; or if Canning considered this point, he

treated it orally. The other written instructions given to Jackson

dealt at once with negotiation.

The “Chesapeake” affair came first in order, and was quickly dismissed.

Jackson was to require from the President a written acknowledgment

that the interdict on British ships was annulled before any settlement

could be made. The Orders in Council came next, and were the subject

of a long instruction, full of interest and marked by many of

Canning’s peculiarities. Once more he explained that Erskine had

inverted the relation of things by appearing to recall the orders as

an inducement to the renewal of trade,--“as if in any arrangement,

whether commercial or political, his Majesty could condescend to barter

objects of national policy and dignity for permission to trade with

another country. The character even more than the stipulations of such

a compact must under any circumstances have put out of question the

possibility of his Majesty’s consenting to confirm it.” He related the

history of the orders, which he called “defensive retaliation,” and

explained why Erskine’s arrangement failed to effect the object of that

system:--

“In the arrangement agreed to by Mr. Erskine the incidental

consequence is mistaken for the object of the negotiation. His

Majesty is made by his minister to concede the whole point in

dispute by the total and unconditional recall of the Orders in

Council; and nothing is done by the United States in return

except to permit their citizens to renew their commercial

intercourse with Great Britain. Whereas, before his Majesty’s

consent to withdraw or even to modify the Orders in Council was

declared, the United States should have taken upon themselves

to execute in substance the objects of the Orders in Council by

effectually prohibiting all trade between their citizens and

France, or the Powers acting under her decrees, and by engaging

for the continuance of that prohibition so long as those decrees

should continue unrepealed.”

As in the “Chesapeake” affair, so in regard to the orders,--Canning’s

objection to Erskine’s arrangement was stated as one of form. That

the “Chesapeake” proclamation was no longer in force; that Congress

had effectually prohibited trade with France; and that the President

had engaged as far as he could to continue that prohibition till the

French Decrees were repealed,--these were matters of notoriety. England

took the ground that the United States were liable to the operation of

the British retaliatory orders against France, even though Congress

should have declared war upon France, unless the declaration of war was

regularly made known to the British minister at Washington, and unless

“the United States should have taken upon themselves,” by treaty with

England, to continue the war till France repealed her decrees.

Canning was happy in the phrase he employed in Parliament, March 6,

to justify the course of ministers toward America. “Extension of the

law of nations” described well the Orders in Council themselves; but

the instruction to Jackson was remarkable as a prodigious extension

of the extended orders. The last legal plea was abandoned by these

instructions, and the subject would have been the clearer for that

abandonment were it not that owing to the rapidity of events the new

extravagance was never known; with Canning himself the subject slipped

from public view, and only the mystery remained of Canning’s objects

and expectations.

Another man would have temporized, and would have offered some

suggestion toward breaking the force of such a blow at a friendly

people. Not only did Canning make no new suggestion, but he even

withdrew that which he had made in February. He told Jackson to propose

nothing whatever:--

“You are to inform the American Secretary of State that in the

event of the government of the United States being desirous

now to adopt this proposal, you are authorized to renew the

negotiation and to conclude it on the terms of my instructions

to Mr. Erskine; but that you are not instructed to press upon

the acceptance of the American government an arrangement which

they have so recently declined, especially as the arrangement

itself is become less important, and the terms of it less

applicable to the state of things now existing.”

The remainder of this despatch was devoted to proving that, the late

order of April 26 had so modified that of November, 1807, as to remove

the most serious American objections; and although the blockade was

more restrictive than the old orders as concerned French and Dutch

colonies, yet the recent surrender of Martinique had reduced the

practical hardship of this restriction so considerably that it was

fairly offset by the opening of the Baltic. America had the less

inducement to a further arrangement which could little increase the

extent of her commerce, while England was indifferent provided she

obtained her indispensable objects:--

“I am therefore not to direct you to propose to the American

government any formal agreement to be substituted for that which

his Majesty has been under the necessity of disavowing. You are,

however, at liberty to receive for reference home any proposal

which the American government may tender to you; but it is

only in the case of that proposal comprehending all the three

conditions which Mr. Erskine was instructed to require.”

The fourth instruction prescribed the forms in which such an

arrangement, if made, must be framed. The fifth dealt with another

branch of the subject,--the Rule of 1756. Canning declined to accept

a mere understanding in regard to this rule. Great Britain would

insist on her right to prohibit neutral trade with enemies’ colonies,

“of which she has permitted the exercise only by indulgence; ... but

the indulgence which was granted for peculiar and temporary reasons

being now withdrawn, the question is merely whether the rule from

which such an indulgence was a deviation shall be established by the

admission of America or enforced as heretofore by the naval power of

Great Britain.” As a matter of courtesy the British government had

no objection to allowing the United States to sanction by treaty the

British right, so that legal condemnations should be made under the

authority of the treaty instead of an Order in Council; “but either

authority is sufficient. No offence is taken at the refusal of the

United States to make this matter subject of compact. The result is

that it must be the subject of an Order in Council.”

The result was that it became the subject of a much higher tribunal

than his Majesty’s Council, and that the British people, and Canning

himself, took great offence at the refusal of the United States to

make it a subject of one-sided compact; but with this concluding touch

Canning’s official irony toward America ended, and he laid down his

pen. About the middle of June, Jackson with three well-defined _casus

belli_ in his portfolio, and another--that of impressments--awaiting

his arrival, set sail for America on the errand which he strangely

hoped might not be desperate. With his departure Canning’s control

of American relations ceased. At the moment when he challenged for

the last time an instant declaration of war from a people who had no

warmer wish than to be permitted to remain his friends, the career of

the Administration to which he belonged came to an end in scandalous

disaster.

Hardly had the Duke of York stopped one source of libel, by resigning

May 16 his office of commanderin-chief, when fresh troubles from

many directions assailed ministers. As early as April 4, Canning had

satisfied the Duke of Portland that he must dismiss Castlereagh for

incompetence, and every Cabinet minister except Castlereagh himself

was acquainted with this decision; but contrary to Canning’s wishes no

action was taken, and the conduct of the war was left at a critical

moment in the hands of a man whose removal for incompetence had been

decreed by his own colleagues. The summer campaign was then fought.

April 9 Austria had begun another war with Napoleon. At Essling, May

21, she nearly won a great victory; at Wagram, July 6, she lost a

battle, and soon afterward entered on negotiations which ended, October

20, in the treaty of Vienna. While this great campaign went on, Sir

Arthur Wellesley drove Soult out of Portugal much as Napoleon had

driven Sir John Moore out of Spain; and then marching up the valley of

the Tagus scared Joseph a second time from Madrid, and fought, July

28, the desperate battle of Talavera. In any case the result of the

Austrian war would have obliged him to retreat; but the concentration

of the French forces in his front quickly drove the British army

back toward Lisbon, and ended all hope of immediate success in the

Peninsula. A third great effort against Napoleon was directed from

London toward the Scheldt and Meuse. The Cabinet, June 14, decided

that Castlereagh should attempt this experiment; for raids of the kind

had charms for a naval power, and although success could affect the

war but little, it might assist smuggling and destroy a naval depot

of Napoleon. Castlereagh sent to the Scheldt forty thousand soldiers

who were grievously wanted on the Tagus. July 28, while Wellington

fought the battle of Talavera, Lord Chatham’s expedition started from

the Downs, and reaching the mouth of the Scheldt occupied itself until

August 15 with the capture of Flushing. In gaining this success the

army was worn out; nearly half its number were suffering from typhoid,

and September 2 the Cabinet unanimously voted to recall the expedition.

Talavera and Flushing closed Castlereagh’s career in the War Office,

as Jackson’s mission closed that of Canning in American diplomacy.

Defeat abroad, ruin at home, disgrace and disaster everywhere were

the results of two years of Tory administration. August 11 the Duke

of Portland was struck by paralysis; and deprived of its chief, the

Cabinet went to pieces. September 7 Castlereagh was gently forced to

resign. Canning, refusing to serve under Perceval or under any one whom

Perceval suggested, tendered his own resignation. In the course of the

complicated negotiations that followed, Perceval showed to Castlereagh

letters in which for a year past Canning had pressed Castlereagh’s

removal from office. Then at last Castlereagh discovered, as he

conceived, that Canning was not a gentleman or a man of honor, and

having called him out, September 21, in a duel on Putney Heath shot him

through the thigh.

Such an outcome was a natural result of such an Administration; but

as concerned the United States Canning had already done all the harm

possible, and more than three generations could wholly repair.

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