CHAPTER VII.

THE effect of American conciliation upon Canning was immediate

and simple; but the effect of American defiance upon Napoleon will be

understood only by those who forget the fatigue of details in their

interest for Napoleon’s character. The Emperor’s steps in 1809 are not

easily followed. He was overburdened with labor; his motives and policy

shifted as circumstances changed; and among second-rate interests he

lost more habitually than ever the thread of his own labyrinth.

Travelling day and night from Spain in January, 1809, with the same

haste and with something of the same motive as when four years

afterward he posted back to Paris from his Russian disaster, Napoleon

appeared unexpectedly at his capital January 24. The moment was one of

crisis, but a crisis of his own making. He had suffered a political

check in Spain, which he had but partially disguised by a useless

campaign. The same spirit of universal dominion which grasped at Spain

and required the conquest of England, roused resistance elsewhere

almost as desperate as that of the Spaniards and English. Even the

American Congress repealed its embargo and poured its commerce through

so-called neutral ports into the lap of England, while at the same

moment Austria, driven to desperation, prepared to fight for a fourth

time. Napoleon had strong reasons for choosing that moment to force

Austria wholly into his system. Germany stood at his control. Russia

alone could have made the result doubtful; but the Czar was wholly

French. “M. Romanzoff,” wrote Armstrong to the State Department,[99]

“with the fatalism of the Turk, shakes his head at Austria, and asks

what has hitherto been got by opposition; calls to mind the fate of

Prussia, and closes by a pious admonition not to resist the will of

God.”

Toward Austria the Emperor directed all his attention, and rapidly

drove her government into an attitude of resistance the most spirited

and the most desperate taken by any people of Europe except Spain.

Although Austria never wearied of fighting Napoleon, and rarely fought

without credit, her effort to face, in 1809, a Power controlling the

military resources of France, Italy, and Germany, with the moral

support of Russia behind them, had an heroic quality higher than was

shown at any time by any other government in Europe. April 9 the

Austrian army crossed the Inn, and began the war. April 13 Napoleon

left Paris for the Danube, and during the next three months his hands

were full. Austria fought with an energy which put Germany and Russia

to shame.

Such a moment was ill suited for inviting negotiation on American

affairs; but Armstrong received instructions a few days after

Napoleon left Paris, and with these instructions came a copy of the

Non-intercourse Act of March 1, which, while apparently forbidding

intercourse with England and France, notified Napoleon that the United

States would no longer obey his wishes, or keep their industries

from seeking a British market through indirect channels. Armstrong

communicated this Act to the French government in the terms of his

instructions:[100]--

“The undersigned is instructed to add that any interpretation of

the Imperial Decrees of Nov. 21, 1806, and Dec. 17, 1807, which

shall have the effect of leaving unimpaired the maritime rights

of the Union, will be instantaneously followed by a revocation

of the present Act [as regards France] and a re-establishment of

the ordinary commercial intercourse between the two countries.”

May 17 Champagny, then at Munich, having received Armstrong’s letter of

April 29, notified the Minister of Marine,[101]--

“The news of this measure having received an official character

by the communication made to me by the United States minister

on the part of his Government, I think it my duty to transmit to

your Excellency a copy of the law which he has addressed to me.”

Armstrong informed Secretary Robert Smith[102] that nothing need

be expected from this step, unless it were perhaps his own summary

expulsion from France as a result of offence given either by the

Non-intercourse Act or by the language of Armstrong’s despatches

surreptitiously published. Bitterly as Armstrong detested Napoleon,

he understood but little the mind and methods of that unusual

character. Never in his career had the Emperor been busier than when

Armstrong wrote this note to Champagny, but it caught his attention

at once. He had fought one battle after another, and in five days had

captured forty thousand men and a hundred pieces of cannon; he had

entered Vienna May 10, and had taken his quarters at Schönbrunn, the

favorite palace of the Austrian emperor. There he was in a position

of no little difficulty, in spite of his military successes, when his

courier brought him despatches from Paris containing news that the

United States, March 1, had repealed the embargo, and that the British

government, April 26, had withdrawn the Orders in Council of November,

1807, and had substituted a mere blockade of Holland, France, and

Italy. The effect of these two events was greatly increased by their

coming together.

At first Napoleon seemed to feel no occasion for altering his course.

After reading Armstrong’s letter, he dictated May 18 a reply which was

to serve as the legal argument to justify his refusal of concessions.

His decrees were founded on eternal principles, and could not be

revoked:--

“The seas belong to all nations. Every vessel sailing under the

flag of any nation whatever, recognized and avowed by it, ought

to be on the ocean as if it were in its own ports. The flag

flying from the mast of a merchantman ought to be respected as

though it were on the top of a village steeple.... To insult a

merchant-vessel carrying the flag of any Power is to make an

incursion into a village or a colony belonging to that Power.

His Majesty declares that he considers the vessels of all

nations as floating colonies belonging to the said nations. In

result of this principle, the sovereignty and independence of

one nation are a property of its neighbors.”[103]

The conclusion that the sovereignty and independence of every nation

were the property of France, and that a floating colony denationalized

by the visit of a foreign officer became the property of Napoleon,

involved results too extreme for general acceptance. Arbitrary as the

Emperor was, he could act only through agents, and could not broach

such doctrines without meeting remonstrance. His dissertation on the

principles of the _jus gentium_ was sent May 18 to Champagny. Four

days afterward, May 22, Napoleon fought the battle of Essling, in which

he lost fifteen or twenty thousand men and suffered a serious repulse.

Even this absorbing labor, and the critical situation that followed,

did not long interrupt his attention to American business. May 26,

Champagny made to the Emperor a report[104] on American affairs,

taking ground altogether different from that chosen by Napoleon.

After narrating the story of the various orders, decrees, blockades,

embargoes, and non-intercourse measures, Champagny discussed them in

their practical effect on the interests and industries of France:--

“The fact cannot be disguised; the interruption of neutral

commerce which has done much harm to England has been also a

cause of loss to France. The staple products of our territory

have ceased to be sold. Those that were formerly exported are

lost, or are stored away, leaving impoverished both the owner

who produced them and the dealer who put them on the market. One

of our chief sources of prosperity is dried up. Our interest

therefore leads us toward America, whose commerce would still

furnish an ample outlet for several of our products, and

would bring us either materials of prime necessity for our

manufactures, or produce the use of which has become almost a

necessity, and which we would rather not owe to our enemies.”

For these reasons Champagny urged the Emperor not to persist in

punishing America, but to charge M. d’Hauterive, the acting Minister of

Foreign Relations at Paris, with the duty of discussing with General

Armstrong the details of an arrangement. Champagny supported his advice

by urging that England had made advances to America, had revoked

her orders of November, 1807, and seemed about to turn the French

Decrees against France. “It will always be in your Majesty’s power to

evade this result. A great step to this end will be taken when Mr.

Armstrong is made aware that your Majesty is disposed to interpret your

commercial decrees favorably for the Americans, provided measures be

taken that no tribute shall be paid to England, and that their efficacy

shall be assured. Such will be the object of M. d’Hauterive’s mission.”

Napoleon, impressed by Champagny’s reasoning, fortified by the news

that Erskine had settled the commercial disputes between England and

America, sent to Champagny the draft of a new decree,[105] which

declared that inasmuch as the United States by their firm resistance to

the arbitrary measures of England had obtained the revocation of the

British Orders of November, 1807, and were no longer obliged to pay

imposts to the British government, therefore the Milan Decree of Dec.

17, 1807, should be withdrawn, and neutral commerce should be replaced

where it stood under the Berlin Decree of Nov. 21, 1806.

This curious paper was sent June 10 to Paris for a report from

the Treasury as to its probable effects. June 13 Champagny sent

instructions to Hauterive[106] directing him to begin negotiation with

Armstrong. Far from overlooking either the intention or the effect

of the Non-intercourse Act, Champagny complained that it was unfair

to France and “almost an act of violence;” but he did not resent it.

“The Emperor is not checked by this consideration; he feels neither

prejudice nor resentment against the Americans, but he remains firm in

his projects of resisting British pretensions. The measures taken by

England will chiefly decide his measures.” Champagny explained that the

Emperor hesitated to issue the new decree already forwarded for the

inspection of the customs authorities, not because any change had taken

place in the reasons given for its policy, but because the arrangement

of Erskine was said to be disavowed.

“What has prevented the Emperor till now from coming to a

decision in this respect is the news contained in the English

journals of an arrangement between England and America, and

announced by a Proclamation of the President of the United

States, April 19, 1806. If from this act should result the

certainty that the English renounce their principle of blockade,

then the Emperor would revoke the whole of his measures relative

to neutral commerce. But the ‘Gazette de France’ of June 5, for

I have no other authority, pretends that the British ministry

refuse to sanction the arrangement concluded in America; and

the result of all this is an extreme uncertainty, which prevents

a decision as to the course proper to be taken.”

This was the situation of the American dispute June 13, 1809, at

Vienna, at the moment Canning’s disavowal of Erskine became certain.

Thus far Napoleon’s mind had passed through two changes,--the first,

in consequence of the British Order in Council of April 26, which

led him to decide on withdrawing the Milan Decree; the second, in

consequence of Erskine’s arrangement, which led him to promise America

everything she asked. The news of Canning’s refusal to carry out the

arrangement stopped Napoleon short in his career of concession; he left

the American affair untouched until after the battle of Wagram, July 6,

which was followed by the submission of Austria, July 12. The battle

of Wagram placed him in a position to defy resistance. Immediately

afterward he sent orders to Paris to stop Hauterive’s negotiation.

About the middle of July Hauterive told the American minister “that a

change had taken place in the views of the Emperor; and in particular

that a decree prepared by his orders as a substitute for those of

November, 1806, and December, 1807, and which would have been a very

material step toward accommodation, had been laid aside.”[107]

In the heat and fury of the battle of Wagram this order must have been

given, for it was known at Paris only one week afterward, and Armstrong

reported the message, July 24, as a notice that unless America resisted

the British doctrines of search and blockade she need expect no

relaxation on the part of Napoleon; while this notice was supported by

a menace that until the Emperor knew the President’s decision he would

take no step to make matters worse than they already were.[108]

If Armstrong put trust in this last promise or menace, he showed once

more his want of sympathy with the Emperor’s character. Quick to yield

before an evident disaster, Napoleon was equally quick to exhaust the

fruits of an evident victory; and the advantage he had obtained over

the United States was as decided, if not as extensive, as that which

he had gained over Austria. In one way or another America must pay for

rebellion, and she could be made to pay only by the usual process of

seizing her commerce.

June 7, while the Emperor was still hesitating or leaning to

concession, Decrès, his Minister of Marine, wrote to him that an

American schooner with a cargo of colonial produce had arrived at

San Sebastian May 20, and that more such vessels must be expected to

arrive, since the Non-intercourse Act had opened the trade to Spanish

ports. What should be done with them? The French Decrees denationalized

every vessel which went to England, or wished to go there, or had

been visited by an English cruiser, or had violated the laws of the

United States, or had incurred suspicion of fraud; but the schooner in

question was under no suspicion of fraud,--she had not been to England,

nor had she ever thought of going there; she had not been stopped by

any cruiser; she was in a Spanish port, nominally outside of French

jurisdiction, and she was authorized in going there by the law of

the United States. Here was an unforeseen case, and Decrès properly

referred it to the Emperor.[109]

Decrès’ letter reached Vienna about June 13, the day when Champagny

described the Emperor as vexed by an extreme uncertainty on American

affairs. The subject was referred to the Minister of Finance. No

decision seems to have been reached until August. Then Maret, the

Secretary of State in personal attendance on the Emperor, created Duc

de Bassano a few days later, enclosed to Champagny, August 4, the draft

of a new decree,[110] which was never published, but furnished the clew

to most of the intricate movements of Napoleon for the following year:--

“Napoleon, etc.,--considering that the American Congress by its

Act of March 1, 1809, has forbidden the entrance of its ports to

all French vessels under penalty of confiscation of ships and

cargo,--on the report of our Minister of Finance have decreed

and decree what follows:--

“Art. 1. The American schooner loaded with colonial produce and

entered at San Sebastian the 20th May, 1809, will be seized and

confiscated.

“Art. 2. The merchandise composing the cargo of the vessel

will be conveyed to Bayonne, there to be sold, and the produce

of the sale paid into the _caisse de l’amortissement_

(sinking-fund).

“Art. 3. Every American ship which shall enter the ports of

France, Spain, or Italy will be equally seized and confiscated,

as long as the same measure shall continue to be executed in

regard to French vessels in the harbors of the United States.”

Probably the ministers united in objecting to a general confiscation

founded on the phrase of a penalty which the customs laws of every

country necessarily contained. Whatever the reason, this draft rested

in the files of the office over which Champagny presided, and the

Emperor seemed to forget it; but its advantages from his standpoint

were too great to be lost, and its principle was thenceforward his

guide.

Not even Armstrong, suspicious as he was of Napoleon’s intentions,

penetrated the projected policy; yet Armstrong was by no means an

ordinary minister, and his information was usually good. At the moment

when he received what he supposed to be the promise that Napoleon would

not make matters worse until he heard what the President had to say,

Armstrong warned his Government that this assurance was intended as a

menace rather than as a pledge:[111]--

“What will satisfy him on even these points, particularly the

former, is not distinctly explained. Our creed on this subject

is one thing; that of the British government another; and the

French doctrine of visit, a third. When we speak of illegal

search, we mean that which claims the right of impressment also;

but according to the imperial decrees and their commentators,

the offence is equally great whatever may be the object of the

visit,--whether it be to demand half your crew, or to ascertain

only the port from which you sailed, the nature of your cargo,

or the character of your flag. This is pushing things to a point

whither we cannot follow them, and which, if I do not mistake,

is selected because it is a point of that description.”

Before the month of August, Napoleon reverted more energetically than

ever to his old practice and policy. Within Armstrong’s reach remained

only one influence strong enough to offer a momentary resistance to

imperial orders, and thither he turned. The kingdom of Holland was

still nominally independent, and its trade an object of interest.

While England shaped her policy to favor the licensed or smuggling

trade with Dutch ports, the United States risked their relations with

England and France by treating Holland as an independent neutral.

Yet the nominal independence of Holland was due only to the accident

that had made Louis its king, as it had made his brother Joseph king

of Spain,--not wholly with a view to please them, but also to secure

obedience to Napoleon’s orders and energy to his system. No one would

willingly deprive any member of Napoleon’s family of virtues which the

world allowed them; yet none but a Bonaparte thoroughly understood a

Bonaparte, and Napoleon’s opinion of his brothers, as their opinions

of him, stand highest in authority. Napoleon was often generous and

sometimes forbearing with his brothers, and left them no small freedom

to seek popularity at his expense; but they were nothing except as they

represented him, and their ideas of independence or of philanthropy

showed entire misunderstanding of their situation. Of all Napoleon’s

brothers, Louis was the one with whom he was most reasonably offended.

Lucien at least did not wait to be made a king before he rebelled; but

Louis accepted the throne, and then intrigued persistently against the

Emperor’s orders. From the moment he went to Holland he assumed to be

an independent monarch, devoted to winning popularity. He would not

execute the Berlin Decree until Napoleon threatened to march an army

upon him; he connived at its evasion; he issued licenses and admitted

cargoes as he pleased; and he did this with such systematic disregard

of remonstrance that Napoleon became at last angry.

July 17, some days after the battle of Wagram, the Emperor wrote from

Vienna to Louis,[112]--

“You complain of a newspaper article; it is France that has a

right to complain of the bad spirit which reigns with you.... It

may not be your fault, but it is none the less true that Holland

is an English province.”

At the same time he ordered Champagny to notify the Dutch government

officially that if it did not of its own accord place itself on the

same footing with France, it would be in danger of war.[113]

While this correspondence was still going on, Armstrong imagined that

he might obtain some advantage by visiting Holland. He amused himself

during the idle August by a journey to Amsterdam, where he obtained,

August 19, a private interview with King Louis. Three days before,

Flushing had capitulated to the English expedition which was supposed

to be threatening Antwerp. At Vienna Napoleon was negotiating for

peace, and between the obstinacy of Austria and the British attacks on

Madrid and Antwerp he found himself ill at ease. President Madison had

just issued his Proclamation of August 9 reviving the Non-intercourse

Act, which kept open the American trade with Holland. Everywhere the

situation was confused, irritable, and hard to understand. A general

system of cross-purposes seemed to govern the political movements of

the world.

King Louis told Armstrong that he was quarrelling seriously with the

Emperor on account of the American trade, but was bent on protecting

it at all hazards. This declaration to a foreign minister accredited

not to himself but to his brother, showed Louis attempting with the

aid of foreign nations a systematic opposition to Napoleon’s will.

He denounced his brother’s system as “the triumph of immorality over

justice.... The system is bad,--so bad that it cannot last; but in

the mean time we are the sufferers.” Even the British expedition to

Walcheren troubled Louis chiefly because it forced him under his

brother’s despotism. “It is an erring policy, and will have no solid

or lasting effect but that of drawing upon us a French army which will

extinguish all that is left of ancient Holland. Can it be wisdom in

England to see this country a province of France?”

With such comfort as Armstrong could draw from the knowledge that

Napoleon’s brothers were as hostile as President Madison to the

imperial system, he returned to Paris, September 6, to wait the further

development of the Emperor’s plans. He found on his arrival two notes

from Champagny at Vienna. One of these despatches expressed a civil

hope, hardly felt by the Emperor,[114] that Armstrong would not for the

present carry out his project of returning to America. The other, dated

August 22, was nothing less than a revised and permanent form of the

Emperor’s essay on the _jus gentium_, which Champagny since May

18 had kept in his portfolio.[115]

In Champagny’s hands Napoleon’s views lost freshness without gaining

legality. The “village steeple” disappeared, but with some modification

the “floating colony” remained, and the principle of free seas was

carried to its extreme results:--

“A merchant-vessel sailing with all the necessary papers

(_avec les expéditions_) from its government is a floating

colony. To do violence to such a vessel by visits, by searches,

and by other acts of an arbitrary authority is to violate the

territory of a colony; this is to infringe on the independence

of its government.... The right, or rather the pretension, of

blockading by a proclamation rivers and coasts, is as monstrous

(_révoltante_) as it is absurd. A right cannot be derived

from the will or the caprice of one of the interested parties,

but ought to be derived from the nature of things themselves. A

place is not truly blockaded until it is invested by land and

sea.”

Every one could understand that to assert such principles was an

impossibility for neutrals, and was so meant by Napoleon. He had no

thought of making demands which England could accept. The destruction

of her naval power was his favorite object after the year 1805. The

battle of Wagram confirmed him in his plan, and Louis’ opposition

counted for even less than Armstrong’s diplomacy in checking the energy

of his will. As he ordered Louis, so he ordered Madison, to obey; and

thanks to the obstinacy of Spencer Perceval, both had no choice but to

assist his scheme. As an answer to the American offer expressed in the

Non-intercourse Act, Champagny’s despatch of August 22 was final; but

to preclude a doubt, it closed by saying that the ports of Holland, of

the Elbe and the Weser, of Italy and of Spain, would not be allowed to

enjoy privileges of which French ports were deprived, and that whenever

England should revoke her blockades and Orders in Council, France would

revoke her retaliatory decrees.

Without suicide, England could hardly accept the principles required

by this note; nor had she reason to suppose that her acceptance would

satisfy Napoleon’s demands. As though to encourage her in obstinacy,

the note was printed in the “Moniteur” of October 6, by the Emperor’s

order, before it could have reached America. This unusual step served

no purpose except to give public notice that France would support

England in restricting American rights; it strengthened the hands of

Spencer Perceval and took away the last chance of American diplomacy,

if a chance still existed. Yet neither this stroke nor the severity

foreshadowed by the secret Decree of Vienna was the only punishment

inflicted by Napoleon on the United States for the Non-intercourse Act

and Erskine’s arrangement.

The principle of the Vienna Decree required confiscation of American

commerce in retaliation for penalties imposed on French ships that

should knowingly violate the Non-intercourse Act. Although this

rule and the Bayonne Decree seemed to cover all ordinary objects

of confiscation, the Emperor adopted the supplementary rule that

American merchandise was English property in disguise. In the month

of November a cotton-spinner near Paris, the head of a very large

establishment, petitioned for leave to import about six hundred

bales of American cotton. His petition was returned to him with the

indorsement: “Rejected, as the cotton belongs to American commerce.”

The severity of the refusal surprised every one the more because the

alternative was to use Portuguese--that is to say English--cotton,

or to encourage the consumption of fabrics made wholly in England,

of English materials.[116] Having decided to seize all American

merchandise that should arrive in France on private account, and having

taken into his own hands the business of selling this property as well

as of admitting other merchandise by license, Napoleon protected what

became henceforward his personal interests, by shutting the door to

competition.[117] Armstrong caught glimpses of this stratagem even

before it had taken its finished shape.

“I am privately informed,” wrote Armstrong December 10, “that

General Loison has left Paris charged to take hold of all

British property, or property suspected of being such in the

ports of Bilbao, San Sebastian, Pasages, etc. The latter part

of the rule is no doubt expressly intended to reach American

property. With the General goes a mercantile man who will be

known in the market as his friend and protégé, and who of course

will be the exclusive purchaser of the merchandise which shall

be seized and sold as British. This is a specimen at once of the

violence and corruption which enter into the present system;

and of a piece with this is the whole business of licenses, to

which, I am sorry to add, our countrymen lend themselves with

great facility.”

Under such conditions commerce between the United States and France

seemed impossible. One prohibition crowded upon another. First came

the Berlin Decree of Nov. 21, 1806, which turned away or confiscated

every American vessel voluntarily entering a British port after that

date. Second, followed the Milan Decree of Nov. 11, 1807, which

denationalized and converted into English property every American

ship visited by a British cruiser or sent into a British port, or

which had paid any tax to the British government. Third, the Bayonne

Decree of April 5, 1808, sequestered all American vessels arriving

in France subsequent to the embargo, as being presumably British

property. Fourth, the American Non-intercourse Act of March 1, 1809,

prohibited all commerce with France or her dependencies. Fifth, the

British Orders in Council of April 26, 1809, established a blockade

of the whole coast of France. Sixth, the secret Decree of Vienna, of

August, 1809, enforced in principle, sequestered every American vessel

arriving within the Emperor’s military control, in reprisal for the

Non-intercourse Act which threatened French ships with confiscation.

Yet with all this, and greatly to General Armstrong’s displeasure,

American ships in considerable numbers entered the ports of France,

and, what was still more incomprehensible, were even allowed to leave

them.

History of the United States of America, Volume 5 (of 9) · 第 7 / 19 章