CHAPTER III

FROM JAY'S TREATY TO THE ORDERS IN COUNCIL

1794-1807

While there were many matters in dispute between the two countries,

the particular occasion of Jay's mission to London in 1794 was the

measures injurious to the commerce of the United States, taken by the

British Government on the outbreak of war with France, in 1793.

Neutrals are certain to suffer, directly and indirectly, from every

war, and especially in maritime wars; for then the great common of all

nations is involved, under conditions and regulations which by general

consent legalize interference, suspension, and arrest of neutral

voyages, when conflicting with acknowledged belligerent rights, or

under reasonable suspicion of such conflict. It was held in the United

States that in the treatment of American ships Great Britain had

transcended international law, and abused belligerent privilege, by

forced construction in two particulars. First, in June, 1793, she sent

into her own ports American vessels bound to France with provisions,

on the ground that under existing circumstance these were contraband

of war. She did indeed buy the cargoes, and pay the freight, thus

reducing the loss to the shipper; but he was deprived of the surplus

profit arising from extraordinary demand in France, and it was claimed

besides that the procedure was illegal. Secondly, in November of the

same year, the British Government directed the seizure of "all ships

laden with goods the produce of any colony belonging to France, or

carrying provisions or other supplies for the use of any such colony."

Neutrals were thus forbidden either to go to, or to sail from, any

French colony for purposes of commercial intercourse. For the injuries

suffered under these measures Jay was to seek compensation.

The first order raised only a question of contraband, of frequent

recurrence in all hostilities. It did not affect the issues which led

to the War of 1812, and therefore need not here be further considered.

But the second turned purely on the question of the intercourse of

neutrals with the colonies of belligerents, and rested upon those

received opinions concerning the relations of colonies to mother

countries, which have been related in the previous chapters. The

British Government founded the justification of its action upon a

precedent established by its own Admiralty courts, which, though not

strictly new, was recent, dating back only to the Seven Years' War,

1756-63, whence it had received the name of the Rule of 1756. At that

time, in the world of European civilization, all the principal

maritime communities were either mother countries or colonies. A

colonial system was the appendage of every maritime state; and among

all there obtained the invariable rule, the formulation of which by

Montesquieu has been already quoted, that "commercial monopoly is the

leading principle of colonial intercourse," from which foreign states

were rigorously excluded. Dealing with such a recognized international

relation, at a period when colonial production had reached

unprecedented proportions, the British courts had laid down the

principle that a trade which a nation in time of peace forbade to

foreigners could not be extended to them, if neutrals, in time of war,

at the will and for the convenience of the belligerent; because by

such employment they were "in effect incorporated in the enemy's

navigation, having adopted his commerce and character, and identified

themselves with his interests and purposes."[108]

During the next great maritime war, that of American Independence, the

United States were involved as belligerents, and the only maritime

neutrals were Holland and the Baltic States. These drew together in a

league known historically as the Armed Neutrality of 1780, in

opposition to certain British interpretations of the rights of

neutrals and belligerents; but in their formulated demands that of

open trade with the colonies of belligerents does not appear, although

there is found one closely cognate to it,--an asserted right to

coasting trade, from port to port, of a country at war. The Rule of

1756 therefore remained, in 1793, a definition of international

maritime law laid down by British courts, but not elsewhere accepted;

and it rested upon a logical deduction from a system of colonial

administration universal at that period. The logical deduction may be

stated thus. The mother country, for its own benefit, reserves to

itself both the inward and outward trade; the products of the colony,

and the supplying of it with necessaries. The carriage of these

commodities is also confined to its own ships. Colonial commerce and

navigation are thus each a national monopoly. To open to neutrals the

navigation, the carriage of products and supplies, in time of war, is

a war measure simply, designed to preserve a benefit endangered by the

other belligerent. As a war measure, it tends to support the financial

and naval strength of the nation employing it; and therefore, to an

opponent whose naval power is capable of destroying that element of

strength, the stepping in of a neutral to cover it is clearly an

injury. The neutral so doing commits an unfriendly act, partial

between the two combatants; because it aids the one in a proceeding,

the origin and object of which are purely belligerent.

When the United States in 1776 entered the family of nations, she came

without colonies, but in the war attendant upon her liberation she had

no rights as a neutral. In the interval of peace, between 1783 and

1793, she had endeavored, as has been seen, to establish between

herself and the Caribbean region those conditions of open navigation

which were indicated as natural by the geographical relations of the

two and their several products. This had been refused by Great

Britain; but France had conceded it on a restricted scale, plainly

contrived, by the limitation of sixty tons on the size of vessels

engaged, to counteract any attempt at direct carriage from the islands

to Europe, which was not permitted. Under these circumstances the

United States was brought into collision with the Rule of 1756, for

the first time, by the Order in Council of November 6, 1793. A people

without colonies, and with a rapidly growing navigation, could have no

sympathy with a system, coextensive with Europe, which monopolized the

carriage of colonial products. The immediate attitude assumed was one

of antagonism; and the wrong as felt was the greater, because the

direct intercourse between the United States and the then great French

colonies was not incidental to war, but had been established in peace.

In principle, the Rule rested for its validity upon an exception made

in war, for the purposes of war.

The British Government in fact had overlooked that the Rule had

originated in European conditions; and, if applicable at all to the

new transatlantic state, it could only be if conditions were the same,

or equivalent. Till now, by universal usage, trade from colonies had

been only to the mother country; the appearance of an American state

with no colonies introduced two factors hitherto non-existent. Here

was a people not identified with a general system of colonial

exclusiveness; and also, from their geographical situation, it was

possible for a European government to permit them to trade with its

colonies, without serious trespass on the privileges reserved to the

mother country. The monopoly of the latter consisted not only in the

commerce and carrying trade of the colony, but in the _entrepot_; that

is, in the receipt and storage of the colonial produce, and its

distribution to less favored European communities,--the profit, in

short, of the middleman, or broker. France had recognized, though but

partially, this difference of conditions, and in somewhat grudging

manner had opened her West Indian ports to American vessels, for

intercourse with their own country. This trade, being permitted in

peace, did not come under the British Rule; therefore by its own

principle the seizures under it were unlawful. Accordingly, on January

8, 1794, the order was revoked, and the application limited to vessels

bound from the West Indies direct to Europe.

This further Order in Council preserved the principle of the Rule of

1756, but it removed the cause of a great number of the seizures which

had afflicted American shipping. There were nevertheless, among these,

some cases of vessels bound direct to France from French colonies,

laden with colonial produce; one of which was the first presented to

Jay on his arrival in London. In writing to the Secretary of State he

says, "It unfortunately happens that this is not among the strongest

of the cases;" and in a return made three years later to Congress, of

losses recovered under the treaty, this vessel's name does not appear.

In the opinion of counsel, submitted to Jay, it was unlikely that the

case would be reversed on appeal, because it unequivocally fell under

the Rule.[109] It is therefore to be inferred that this principle, the

operation of which was revived so disastrously in 1805, was not

surrendered by the British Government in 1794. In fact, in the

discussions between Mr. Jay and the British Minister of Foreign

Affairs, there seems to have been on both sides a disposition to avoid

pronouncements upon points of abstract right. It remained the constant

policy of British negotiators, throughout this thorny period, to seek

modes of temporary arrangement, which should obviate immediate causes

of complaint; leaving principles untouched, to be asserted, if

desirable, at a more favorable moment. This was quite contrary to the

wishes of the United States Government, which repeatedly intimated to

Jay that in the case of the Rule of 1756 it desired to settle the

question of principle, which it denied. To this it had attached

several other topics touching maritime neutral rights, such as the

flag covering the cargo, and matters of contraband.[110]

Jay apparently satisfied himself, by his interviews and observation of

public feeling in England, that at the moment it was vain for a

country without a navy to expect from Great Britain any surrender of

right, as interpreted by her jurists; that the most to be accomplished

was the adoption of measures which should as far as possible extend

the immediate scope of American commerce, and remove its present

injuries, presenting withal a probability of future further

concessions. In his letter transmitting the treaty, he wrote: "That

Britain, at this period, and involved in war, should not admit

principles which would impeach the propriety of her conduct in seizing

provisions bound to France, and enemy's property on board neutral

vessels, does not appear to me extraordinary. The articles, as they

now stand, secure compensation for seizures, and leave us at liberty

to decide whether they were made in such cases as to be warranted by

the _existing_ law of nations."[111] The italics are Jay's, and the

expression is obscure; but it seems to imply that, while either

nation, in their respective claims for damages, would be bound by the

decision of the commissioners provided for their settlement by the

treaty, it would preserve the right to its own opinion as to whether

the decision was in accordance with admitted law, binding in the

future. In short, acceptance of the Rule of 1756 would not be affected

by the findings upon the claims. If adverse to Great Britain, she

could still assert the Rule in times to come, if expedient; if against

the United States, she likewise, while submitting, reserved the right

of protest, with or without arms, against its renewed enforcement.

"As to the principles we contend for," continued Jay, "you will find

them saved in the conclusion of the twelfth article, from which it

will appear that we still adhere to them." This conclusion specifies

that after the termination of a certain period, during which Great

Britain would open to American vessels the carrying trade between her

West India Islands and the United States, there should be further

negotiation, looking to the extension of mutual intercourse; "and the

said parties will then endeavor to agree whether, in any, and what,

cases neutral vessels shall protect enemy's property; and in what

cases provisions and other articles, not generally contraband, may

become such. But in the meantime, their conduct towards each other in

these respects shall be regulated by the articles hereinafter inserted

on those subjects."[112] The treaty therefore was a temporary

arrangement, to meet temporary difficulties, and involved no surrender

of principle on either side. Although the Rule of 1756 is not

mentioned, it evidently shared the same fate as the other American

propositions looking to the settlement of principles; the more so that

subsequent articles admitted, not only the undoubted rule that the

neutral flag did not cover enemy's goods, but also the vehemently

disputed claim that naval stores and provisions were, or might be,

contraband of war. Further evidence of the understanding of Great

Britain in this matter is afforded by a letter of the law adviser of

the Crown, transmitted in 1801 by the Secretary for Foreign Affairs to

Mr. King, then United States Minister. "The direct trade between the

mother country and its colonies has not during this present war been

recognized as legal, either by his Majesty's Government or by his

tribunals."[113]

It is to be inferred that the Administration and the Senate, while

possibly thinking Jay too yielding as a negotiator, reached the

conclusion that his estimate of British feeling, formed upon the spot,

was correct as to the degree of concession then to be obtained. At all

events, the treaty, which provided for mixed commissions to adjudicate

upon the numerous seizures made under the British orders, and, under

certain conditions, admitted American vessels to branches of British

trade previously closed to them, was ratified with the exception of

the twelfth article. This conferred on Americans the privilege, long

and urgently desired, of direct trade between their own country and

the British West Indies on the same terms as British ships, though in

vessels of limited size. Greatly desired as this permission had been,

it came coupled with the condition, not only that cargoes from the

islands should be landed in the United States alone, but also, while

the concession lasted, American vessels should not carry "molasses,

sugar, coffee, cocoa, or cotton" from the United States to any part of

the world. By strict construction, this would prevent re-exporting the

produce of French or other foreign colonies; a traffic, the extent of

which during this war may be conceived by the returns for a single

year, 1796, when United States shipping carried to Europe thirty-five

million pounds of sugar and sixty-two million pounds of coffee,

products of the Caribbean region. This article was rejected by the

Senate, and the treaty ratified without it; but the coveted privilege

was continued by British executive order, the regulations in the

matter being suspended on account of the war, and the trade opened to

American as well as British ships. Ostensibly a favor, not resting on

the obligations of treaty, but on the precarious ground of the

Government's will, its continuance was assured under the circumstances

of the time by its practical utility to Great Britain; for the trade

of that country, and its vital importance in the prevailing wars, were

developing at a rate which outstripped its own tonnage. The numbers of

native seamen were likewise inadequate, through the heavy demands of

the Navy for men. The concurrence of neutrals was imperative. Under

the conditions it was no slight advantage to have the islands supplied

and the American market retained, by the services of American vessels,

leaving to British the monopoly of direct carrying between the

colonies and Europe.

Although vexations to neutrals incident to a state of war continued

subsequent to this treaty, they turned upon points of construction and

practice rather than upon principle. Negotiation was continuous; and

in September, 1800, towards the close of Adams's administration, Mr.

John Marshall, then Secretary of State, summed up existing complaints

of commercial injury under three heads,--definitions of contraband,

methods of blockade, and the unjust decisions of Vice-Admiralty

Courts; coupled with the absence of penalty to cruisers making

unwarranted captures, which emboldened them to seize on any ground,

because certain to escape punishment. But no formal pronouncement

further injurious to United States commerce was made by the British

Government during this war, which ended in October, 1801, to be

renewed eighteen months later. On the contrary, the progress of events

in the West Indies, by its favorable effect upon British commerce,

assisted Pitt in taking the more liberal measures to which by

conviction he was always inclined. The destruction of Haiti as a

French colony, and to a great degree as a producer of sugar and

coffee, by eliminating one principal source of the world's supply,

raised values throughout the remaining Caribbean; while the capture of

almost all the French and Dutch possessions threw their commerce and

navigation into the hands of Great Britain. In this swelling

prosperity the British planter, the British carrier, and the British

merchant at home all shared, and so bore without apparent grudging the

issuance of an Order, in January, 1798, which extended to European

neutrals the concession, made in 1795 to the United States, of

carrying West Indian produce direct from the islands to their own

country, or to Great Britain; not, however, to a hostile port, or to

any other neutral territory than their own.

Although this Order in no way altered the existing status of the

United States, it was embraced in a list of British measures affecting

commerce,[114] transmitted to Congress in 1808. From the American

standpoint this was accurate; for the extension to neutrals to carry

to their own country, and to no other, continued the exclusion of the

United States from a direct traffic between the belligerent colonies

and Europe, which she had steadily asserted to be her right, but which

the Rule of 1756 denied. The utmost the United States had obtained was

the restitution of privileges enjoyed by them as colonists of Great

Britain, in trading with the British West Indies; and this under

circumstances of delay and bargain which showed clearly that the

temporary convenience of Great Britain was alone consulted. No

admission had been made on the point of right, as maintained by

America. On the contrary, the Order of 1798 was at pains to state as

its motive no change of principle, but "consideration of the present

state of the commerce of Great Britain, as well as of that of neutral

countries," which makes it "expedient."[115]

Up to the preliminaries of peace in 1801, nothing occurred to change

that state of commerce which made expedient the Order of January,

1798. It was renewed in terms when war again began between France and

Great Britain, in May, 1803. In consideration of present conditions,

the direct trade was permitted to neutral vessels between an enemy's

colony and their own country. The United States remained, as before,

excluded from direct carriage between the West Indies and Europe; but

the general course of the British Administration of the moment gave

hopes of a line of conduct more conformable to American standards of

neutral rights. Particularly, in reply to a remonstrance of the United

States, a blockade of the whole coast of Martinique and Guadaloupe,

proclaimed by a British admiral, was countermanded; instructions being

sent him that the measure could apply only to particular ports,

actually invested by sufficient force, and that neutrals attempting to

enter should not be captured unless they had been previously

warned.[116] Although no concession of principle as to colonial trade

had been made, the United States acquiesced in, though she did not

accept, the conditions of its enforcement. These were well understood

by the mercantile community, and were such as admitted of great

advantage, both to the merchant and to the carrying trade. In 1808,

Mr. Monroe, justifying his negotiations of 1806, wrote that, even

under new serious differences which had then arisen, "The United

States were in a prosperous and happy condition, compared with that of

other nations. As a neutral Power, they were almost the exclusive

carriers of the commerce of the whole world; and in commerce they

flourished beyond example, notwithstanding the losses they

occasionally suffered."[117]

Under such circumstances matters ran along smoothly for nearly two

years. In May, 1804, occurred a change of administration in England,

bringing Pitt again into power. As late as November 8 of this year,

Jefferson in his annual message said, "With the nations of Europe, in

general, our friendship and intercourse are undisturbed; and, from the

governments of the belligerent powers, especially, we continue to

receive those friendly manifestations which are justly due to an

honest neutrality." Monroe in London wrote at the same time, "Our

commerce was never so much favored in time of war."[118] These words

testify to general quietude and prosperity under existing conditions,

but are not to be understood as affirming absence of subjects of

difference. On the contrary, Monroe had been already some time in

London, charged to obtain from Great Britain extensive concessions of

principle and practice, which Jefferson, with happy optimism, expected

a nation engaged in a life and death struggle would yield in virtue of

reams of argument, maintaining views novel to it, advanced by a

country enjoying the plenitude of peace, but without organized power

to enforce its demands.

About this time, but as yet unknown to the President, the question had

been suddenly raised by the British Government as to what constituted

a direct trade; and American vessels carrying West Indian products

from the United States to Europe were seized under a construction of

"direct," which was affirmed by the court before whom the cases came

for adjudication. As Jefferson's expressions had reflected the

contentment of the American community, profiting, as neutrals often

profit, by the misfortunes of belligerents, so these measures of Pitt

proceeded from the discontents of planters, shippers, and merchants.

These had come to see in the prosperity of American shipping, and the

gains of American merchants, the measure of their own losses by a

trade which, though of long standing, they now claimed was one of

direct carriage, because by continuous voyage, between the hostile

colonies and the continent of Europe. The losses of planter and

merchant, however, were but one aspect of the question, and not the

most important in British eyes. The products of hostile origin carried

by Americans to neutral or hostile countries in Europe did by

competition reduce seriously the profit upon British colonial articles

of the same kind, to the injury of the finances of the kingdom; and

the American carriers, the American ships, not only supplanted so much

British tonnage, but were enabled to do so by British seamen, who

found in them a quiet refuge--relatively, though not wholly,

secure--from the impressment which everywhere pursued the British

merchant ship. It was a fundamental conviction of all British

statesmen, and of the general British public, that the welfare of the

navy, the one defence of the empire, depended upon maintaining the

carrying trade, with the right of impressment from it; and Pitt, upon

his return to office, had noted "with considerable concern, the

increasing acrimony which appears to pervade the representations made

to you [the British Minister at Washington] by the American Secretary

of State on the subject of the impressment of seamen from on board

American ships."[119]

The issue of direct trade was decided adversely to the contention of

the United States, in the test case of the ship "Essex," in May, 1805,

by the first living authority in England on maritime international

law, Sir William Scott. Resting upon the Rule of 1756, he held that

direct trade from belligerent colonies to Europe was forbidden to

neutrals, except under the conditions of the relaxing Orders of 1798

and 1803; but the privilege to carry to their own country having been

by these extended, it was conceded, in accordance with precedent,

that products thus imported, if they had complied with the legal

requirements for admission _to use_ in the importing country,

thenceforth had its nationality. They became neutral in character, and

could be exported like native produce to any place open to commerce,

belligerent or neutral. United States shippers, therefore, were at

liberty to send even to France French colonial products which had been

thus Americanized. The effect of this procedure upon the articles in

question was to raise their price at the place of final arrival, by

all the expense incident to a broken transit; by the cost of landing,

storing, paying duties, and reshipping, together with that of the

delay consequent upon entering an American port to undergo these

processes. With the value thus enhanced upon reaching the continent of

Europe, the British planter, carrier, and merchant might hope that

British West India produce could compete; although various changes of

conditions in the West Indies, and Bonaparte's efforts at the

exclusion of British products from the continent, had greatly reduced

their market there from the fair proportions of the former war. In the

cases brought before Sir William Scott, however, it was found that the

duties paid for admission to the United States were almost wholly

released, by drawback, on re-exportation; so that the articles were

brought to the continental consumer relieved of this principal element

of cost. He therefore ruled that they had not complied with the

conditions of an actual importation; that the articles had not lost

their belligerent character; and that the carriage to Europe was by

direct voyage, not interrupted by an importation. The vessels were

therefore condemned.

The immediate point thus decided was one of construction, and in

particular detail hitherto unsettled. The law adviser of the Crown had

stated in 1801, as an accepted precedent, "that landing the goods and

paying the duties in the neutral country breaks the continuity of the

voyage;"[120] but the circumstance of drawback, which belonged to the

municipal prerogative of the independent neutral state, had not then

been considered. The foundation on which all rested was the principle

of 1756. The underlying motive for the new action taken--the

protection of a British traffic--linked the War of 1812 with the

conditions of colonial dependence of the United States, which was a

matter of recent memory to men of both countries still in the vigor of

life. The American found again exerted over his national commerce a

control indistinguishable in practice from that of colonial days; from

what port his ships should sail, whither they might go, what cargoes

they might carry, under what rules be governed in their own ports,

were dictated to him as absolutely, if not in as extensive detail, as

before the War of Independence. The British Government placed itself

in the old attitude of a sovereign authority, regulating the commerce

of a dependency with an avowed view to the interest of the mother

country. This motive was identical with that of colonial

administration; the particular form taken being dictated, of course,

then as before, by the exigencies of the moment,--by a "consideration

of the present state of the commerce of this country." Messrs. Monroe

and Pinkney, who were appointed jointly to negotiate a settlement of

the trouble, wrote that "the British commissioners did not hesitate to

state that their wish was to place their own merchants on an equal

footing in the great markets of the continent with those of the United

States, by burthening the intercourse of the latter with severe

restrictions."[121] The wish was allowable; but the method, the

regulation of American commercial movement by British force, resting

for justification upon a strained interpretation of a contested

belligerent right, was naturally and accurately felt to be a

re-imposition of colonial fetters upon a people who had achieved their

independence.

The motive remained; and the method, the regulation of American trade

by British orders, was identical in substance, although other in form,

with that of the celebrated Orders in Council of 1807 and 1809. Mr.

Monroe, who was minister to England when this interesting period

began, had gone to Spain on a special mission in October, 1804,

shortly after his announcement, before quoted, that "American commerce

was never so much favored in time of war." "On no principle or

pretext, so far, has more than one of our vessels been condemned."

Upon his return in July, 1805, he found in full progress the seizures,

the legality of which had been affirmed by Sir William Scott. A

prolonged correspondence with the then British Government followed,

but no change of policy could be obtained. In January, 1806, Pitt

died; and the ministry which succeeded was composed largely of men

recently opposed to him in general principles of action. In

particular, Mr. Fox, between whom and Pitt there had been an

antagonism nearly lifelong, became Secretary for Foreign Affairs. His

good dispositions towards America were well known, and dated from the

War of Independence. To him Monroe wrote that under the recent

measures "about one hundred and twenty vessels had been seized,

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

otherwise subjected to heavy losses and damages."[122] The injury was

not confined to the immediate sufferers, but reacted necessarily on

the general commercial system of the United States.

[Illustration: JAMES MONROE

From the painting by Gilbert Stuart, in the possession of Hon.

T. Jefferson Coolidge.]

In his first conversations with Monroe, Fox appeared to coincide with

the American view, both as to the impropriety of the seizures and the

general right of the United States to the trade in dispute, under

their own interpretation of it; namely, that questions of duties and

drawbacks, and the handling of the cargoes in American ports, were

matters of national regulation, upon which a foreign state had no

claim to pronounce. The American envoy was sanguine of a favorable

issue; but the British Secretary had to undergo the experience, which

long exclusion from office made novel to him, that in the

complications of political life a broad personal conviction has often

to yield to the narrow logic of particular conditions. It is clear

that the measures would not have been instituted, had he been in

control; but, as it was, the American representative demanded not only

their discontinuance, but a money indemnity. The necessity of

reparation for wrong, if admitted, stood in the way of admitting as a

wrong a proceeding authorized by the last Government, and pronounced

legal by the tribunals. To this obstacle was added the weight of a

strong outdoor public feeling, and of opposition in the Cabinet, by no

means in accord upon Fox's general views. Consequently, to Monroe's

demands for a concession of principle, and for pecuniary compensation,

Fox at last replied with a proposition, consonant with the usual

practical tone of English statesmanship, never more notable than at

this period, that a compromise should be effected; modifying causes of

complaint, without touching on principles. "Can we not agree to

suspend our rights, and leave you in a satisfactory manner the

enjoyment of the trade? In that case, nothing would be said about the

principle, and there would be no claim to indemnity."[123]

The United States Government, throughout the controversy which began

here and lasted till the war, clung with singular tenacity to the

establishment of principles. To this doubtless contributed much the

personality of Madison, then Secretary of State; a man of the pen,

clear-headed, logical, incisive, and delighting like all men in the

exercise of conscious powers. The discussion of principles, the

exposure of an adversary's weakness or inconsistencies, the weighty

marshalling of uncounted words, were to him the breath of life; and

with happy disregard of the need to back phrases with deeds, there now

opened before him a career of argumentation, of logical deduction and

exposition, constituting a condition of political and personal

enjoyment which only the deskman can fully appreciate. It was not,

however, an era in which the pen was mightier than the sword; and in

the smooth gliding of the current Niagara was forgotten. Like

Jefferson, he was wholly oblivious of the relevancy of Pompey's retort

to a contention between two nations, each convinced of its own right:

"Will you never have done with citing laws and privileges to men who

wear swords?"

To neither President nor Secretary does it seem to have occurred that

the provision of force might lend weight to argument; a consideration

to which Monroe, intellectually much their inferior, was duly

sensible. "Nothing will be obtained without some kind of pressure,

such a one as excites an apprehension that it will be increased in

case of necessity; and to produce that effect it will be proper to put

our country in a better state of defence, by invigorating the militia

system and increasing the naval force." "Victorious at sea, Great

Britain finds herself compelled to concentrate her force so much in

this quarter, that she would not only be unable to annoy us

essentially in case of war, but even to protect her commerce and

possessions elsewhere, which would be exposed to our attacks."[124]

Most true when written, in 1805; the time had passed in 1813.

"Harassed as they are already with war, and the menaces of a powerful

adversary, a state of hostility with us would probably go far to throw

this country into confusion. It is an event which the ministry would

find it difficult to resist, and therefore cannot, I presume, be

willing to encounter."[1] But he added, "There is here an opinion,

which many do not hesitate to avow, that the United States are, by the

nature of their Government, incapable of any great, vigorous, or

persevering exertion."[125] This impression, for which it must

sorrowfully be confessed there was much seeming ground in contemporary

events, and the idiosyncrasies of Jefferson and Madison, in their full

dependence upon commercial coercion to reduce Great Britain to concede

their most extreme demands, contributed largely to maintain the

successive British ministries in that unconciliatory and disdainful

attitude towards the United States, which made inevitable a war that a

higher bearing might have averted.

Monroe had been instructed that, if driven to it, he might waive the

practical right to sail direct from a belligerent colony to the mother

country, being careful to use no expression that would imply yielding

of the abstract principle. But the general insistence of his

Government upon obtaining from Great Britain acknowledgment of right

was so strong that he could not accept Fox's suggestion. The British

Minister, forced along the lines of his predecessors by the logic of

the situation, then took higher ground. "He proceeded to insist that,"

to break the continuity of the voyage, "our vessels which should be

engaged in that commerce must enter our ports, their cargoes be

landed, and the duties paid."[126] This was the full extent of Pitt's

requirements, as of the rulings of the British Admiralty Court; and

made the regulation of transactions in an American port depend upon

the decisions of British authorities. Monroe unhesitatingly rejected

the condition, and their interview ended, leaving the subject where it

had been. The British Cabinet then took matters into its own hands,

and without further communication with Monroe adopted a practical

solution, which removed the particular contention from the field of

controversy by abandoning the existing measures, but without any

expression as to the question of right or principle, which by this

tacit omission was reserved. Unfortunately for the wishes of both

parties, this recourse to opportunism, for such it was, however

ameliorative of immediate friction, resulted in a further series of

quarrels; for the new step of the British Government was considered by

the American to controvert international principles as much cherished

by it as the right to the colonial trade.

Monroe's interview was on April 25. On May 17 he received a letter

from Fox, dated May 16, notifying him that, in consequence of certain

new and extraordinary means resorted to by the enemy for distressing

British commerce, a retaliatory commercial blockade was ordered of the

coast of the continent, from the river Elbe to Brest. This blockade,

however, was to be absolute, against all commerce, only between the

Seine and Ostend. Outside of those limits, on the coast of France west

of the Seine, and those of France, Holland, and Germany east of

Ostend, the rights of capture attaching to blockades would be forborne

in favor of neutral vessels, bound in, which had not been laden at a

port hostile to Great Britain; or which, going out, were not destined

to such hostile port.[127] No discrimination was made against the

character of the cargo, except as forbidden by generally recognized

laws of war. This omission tacitly allowed the colonial trade by way

of American ports, just as the measure as a whole tacitly waived all

questions of principle upon which that difference had turned. After

this, a case coming before a British court would require from it no

concession affecting its previous rulings. By these the vessel still

would stand condemned; but she was relieved from the application of

them by the new Order, in which the Government had relinquished its

asserted right. The direct voyage from the colony to the mother

country was from a hostile port, and therefore remained prohibited;

but the proceedings in the United States ports, as affecting the

question of direct voyage, though held by the Court to be properly

liable to interpretation by itself on international grounds, if

brought before it, was removed from its purview by the act of its own

Government, granting immunity.

The first impressions made upon Monroe by this step were favorable, as

it evidently relieved the immediate embarrassments under which

American commerce was laboring. There would at least be no more

seizures upon the plea of direct voyages. While refraining from

expressing to Fox any approbation of the Order of May 16, he wrote

home in this general sense of congratulation; and upon his letters,

communicated to Congress in 1808, was founded a claim by the British

Minister at Washington in 1811, that the blockade thus instituted was

not at the time regarded by him "as founded on other than just and

legitimate principles." "I have not heard that it was considered in a

contrary light when notified as such to you by Mr. Secretary Fox, nor

until it suited the views of France to endeavor to have it considered

otherwise."[128] Monroe, who was then Secretary of State, replied that

with Fox "an official formal complaint was not likely to be resorted

to, because friendly communications were invited and preferred. The

want of such a document is no proof that the measure was approved by

me, or no complaint made."[129] The general tenor of his home

letters, however, was that of satisfaction; and it is natural to men

dealing with questions of immediate difficulty to hail relief, without

too close scrutiny into its ultimate consequences. It may be added

that ministers abroad, in close contact with the difficulties and

perplexities of the government to which they are accredited, recognize

these more fully than do their superiors at home, and are more

susceptible to the advantages of practical remedies over the

maintenance of abstract principle.

The legitimacy of the blockade of May 16, 1806, was afterwards sharply

contested by the United States. There was no difference between the

two governments as to the general principle that a blockade, to be

lawful, must be supported by the presence of an adequate force, making

it dangerous for a vessel trying to enter or leave the port. "Great

Britain," wrote Madison, "has already in a formal communication

admitted the principle for which we contend." The difficulty turned on

a point of definition, as to what situation, and what size, of a

blockading division constituted adequacy. The United States

authorities based themselves resolutely on the position that the

blockaders must be close to the ports named for closure, and denied

that a coast-line in its entirety could thus be shut off from

commerce, without specifying the particular harbors before which ships

would be stationed. Intent, as neutrals naturally are, upon narrowing

belligerent rights, usually adverse to their own, they placed the

strictest construction on the words "port" and "force." This is

perhaps best shown by quoting the definition proposed by American

negotiators to the British Government over a year later,--July 24,

1807. "In order to determine what characterizes a blockade, that

denomination is given only to a _port_, where there is, by the

disposition of the Power which blockades it _with ships stationary_,

an evident danger in entering."[130] Madison, in 1801, discussing

vexations to Americans bound into the Mediterranean, by a Spanish

alleged blockade of Gibraltar, had anticipated and rejected the

British action of 1806. "Like blockades might be proclaimed by any

particular nation, enabled by its naval superiority to distribute its

ships at the mouth of that or any similar sea, _or across channels or

arms of the sea_, so as to make it dangerous for the commerce of other

nations to pass to its destination. These monstrous consequences

condemn the principle from which they flow."[131]

The blockade of May 16 offered a particularly apt illustration of the

point at issue. From the entrance of the English Channel to the

Straits of Dover, the whole of both shore-lines was belligerent. On

one side all was British; on the other all French. Evidently a line of

ships disposed from Ushant to the Lizard, the nearest point on the

English coast, would constitute a very real danger to a vessel seeking

to approach any French port on the Channel. Fifteen vessels would

occupy such a line, with intervals of only six miles, and in

combination with a much smaller body at the Straits of Dover would

assuredly bring all the French coast between them within the limits of

any definition of danger. That these particular dispositions were

adopted does not appear; but that very much larger numbers were

continually moving in the Channel, back and forth in every direction,

is certain. As to the remainder of the coast declared under

restriction, from the Straits to the Elbe,--about four hundred

miles,--with the great entrances to Antwerp, Rotterdam, Amsterdam, the

Ems, the Weser, and the Elbe, there can be no doubt that it was within

the power of Great Britain to establish the blockade within the

requirements of international law. Whether she did so was a question

of fact, on which both sides were equally positive. The British to the

last asserted that an adequate force had been assigned, "and actually

maintained,"[132] while the blockade lasted.

The incident derived its historical significance chiefly from

subsequent events. It does not appear at the first to have engaged the

special attention of the United States Government, the general

position of which, as to blockades, was already sufficiently defined.

The particular instance was only one among several, and interest was

then diverted to two other leading points,--impressment and the

colonial trade. Peculiar importance began to attach to it only in the

following November, when Napoleon issued his Berlin decree. Upon this

ensued the exaggerated oppressions of neutral commerce by both

antagonists; and the question arose as to the responsibility for

beginning the series of measures, of which the Berlin and Milan

Decrees on one side, and the British Orders in Council of 1807 and

1809 on the other, were the most conspicuous features. Napoleon

contended that the whole sprang from the extravagant pretensions of

Great Britain, particularly in the Order of May 16, which he, in

common with the United States, characterized as illegal. The British

Government affirmed that it was strictly within belligerent rights,

and was executed by an adequate force; that consequently it gave no

ground for the course of the French Emperor. American statesmen, while

disclaiming with formal gravity any purpose to decide with which of

the two wrong-doers the ill first began,[133] had no scruples about

reiterating constantly that the Order of May 16 contravened

international right; and in so far, although wholly within the limits

of diplomatic propriety, they supported Napoleon's assertion. Thus it

came to pass that the United States was more and more felt, not only

in Europe, but by dissentients at home, to side with France; and as

the universal contest grew more embittered, this feeling became

emphasized.

While these discussions were in progress between Monroe and Fox, the

United States Government had taken a definite step to bring the

dispute to an issue by commercial restriction. The remonstrances from

the mercantile community, against the seizures under the new ruling as

to direct trade, were too numerous, emphatic, and withal reasonable,

to be disregarded. Congress therefore, before its adjournment on April

23, 1806, passed a law shutting the American market, after the

following November 15, against certain articles of British

manufacture, unless equitable arrangements between the two countries

should previously be reached. This recourse was in line with the

popular action of the period preceding the War of Independence, and

foreshadowed the general policy upon which the Administration was soon

to enter on a larger scale. The measure was initiated before news was

received of Pitt's death, and the accession of a more friendly

ministry; but, having been already recommended in committee, it was

not thought expedient to recede in consequence of the change. At the

same time, the Administration determined to constitute an

extraordinary mission, for the purpose of "treating with the British

Government concerning the maritime wrongs which have been committed,

and the regulation of commercial navigation between the parties." For

this object Mr. William Pinkney, of Maryland, was nominated as

colleague to Monroe, and arrived in England on June 24.

The points to be adjusted by the new commissioners were numerous, but

among them two were made pre-eminent,--the question of colonial

trade, already explained, and that of impressment of seamen from

American vessels. These were named by the Secretary of State as the

motive of the recent Act prohibiting certain importations. The envoys

were explicitly instructed that no stipulation requiring the repeal of

that Act was to be made, unless an effectual remedy for these two

evils was provided. The question of impressment, wrote Madison,

"derives urgency from the licentiousness with which it is still

pursued, and from the growing impatience of this country under

it."[134] When Pinkney arrived, the matter of the colonial trade had

already been settled indirectly by the Order of May 16, and it was

soon to disappear from prominence, merged in the extreme measures of

which that blockade was the precursor; but impressment remained an

unhealed sore to the end.

To understand the real gravity of this dispute, it is essential to

consider candidly the situation of both parties, and also the

influence exerted upon either by long-standing tradition. The British

Government did not advance a crude claim to impress American seamen.

What it did assert, and was enforcing, was a right to exercise over

individuals on board foreign merchantmen, upon the high seas, the

authority which it possessed on board British ships there, and over

all ships in British ports. The United States took the ground that no

such jurisdiction existed, unless over persons engaged in the military

service of an enemy; and that only when a vessel entered the ports or

territorial waters of Great Britain were those on board subject to

arrest by her officers. There, as in every state, they came under the

law of the land.

The British argument in favor of this alleged right may be stated in

the words of Canning, who became Foreign Secretary a year later.

Writing to Monroe, September 23, 1807, he starts from the premise,

then regarded by many even in America as sound, that allegiance by

birth is inalienable,--not to be renounced at the will of the

individual; consequently, "when mariners, subjects of his Majesty, are

employed in the private service of foreigners, they enter into

engagements inconsistent with the duty of subjects. In such cases, the

species of redress which the practice of all times has admitted and

sanctioned is that of taking those subjects at sea out of the service

of such foreign individuals, and recalling them to the discharge of

that paramount duty, which they owe to their sovereign and to their

country. That the exercise of this right involves some of the dearest

interests of Great Britain, your Government is ready to

acknowledge.... It is needless to repeat that these rights existed in

their fullest force for ages previous to the establishment of the

United States of America as an independent government; and it would be

difficult to contend that the recognition of that independence can

have operated any change in this respect."[135]

Had this been merely a piece of clever argumentation, it would have

crumbled rapidly under an appreciation of the American case; but it

represented actually a conviction inherited by all the British people,

and not that of Canning only. Whether the foundation of the alleged

right was solidly laid in reason or not, it rested on alleged

prescription, indorsed by a popular acceptance and suffrage which no

ministry could afford to disregard, at a time when the manning of the

Royal Navy was becoming a matter of notorious and increasing

difficulty. If Americans saw with indignation that many of their

fellow-citizens were by the practice forced from their own ships to

serve in British vessels of war, it was equally well known, in

America as in Great Britain, that in the merchant vessels of the

United States were many British seamen, sorely needed by their

country. Public opinion in the United States was by no means united in

support of the position then taken by Jefferson and Madison, as well

as by their predecessors in office, proper and matter-of-course as

that seems to-day. Many held, and asserted even with vehemence, that

the British right existed, and that an indisputable wrong was

committed by giving the absentees shelter under the American flag. The

claim advanced by the United States Government, and the only one

possible to it under the circumstances, was that when outside of

territorial limits a ship's flag and papers must be held to determine

the nation, to which alone belonged jurisdiction over every person on

board, unless demonstrably in the military service of a belligerent.

As a matter involving extensive practical consequences, this

contention, like that concerning the colonial trade, had its origin

from the entrance into the family of European nations of a new-comer,

foreign to the European community of states and their common

traditions; indisposed, consequently, to accept by mere force of

custom rules and practices unquestioned by them, but traversing its

own interests. As Canning argued, the change of political relation, by

which the colonies became independent, could not affect rights of

Great Britain which did not derive from the colonial connection; but

it did introduce an opposing right,--that of the American citizen to

be free from British control when not in British territory. This the

United States possessed in common with all foreign nations; but in her

case it could not, as in theirs, be easily reconciled with the claim

of Great Britain. When every one whose native tongue was English was

also by birth the subject of Great Britain, the visitation of a

foreign neutral, in order to take from her any British seamen,

involved no great difficulty of discrimination, nor--granting the

theory of inalienable allegiance--any injustice to the person taken.

It was quite different when a large maritime English-speaking

population, quite comparable in numbers to that remaining British, had

become independent. The exercise of the British right, if right it

was, became liable to grievous wrong, not only to the individuals

affected, but to the nation responsible for their protection; and the

injury was greater, both in procedure and result, because the

officials intrusted with the enforcement of the British claim were

personally interested in the decisions they rendered. No one who

understands the affection of a naval officer for an able seaman,

especially if his ship be short-handed, will need to have explained

how difficult it became for him to distinguish between an Englishman

and an American, when much wanted. In short, there was on each side a

practical grievance; but the character of the remedy to be applied

involved a question of principle, the effect of which would be unequal

between the disputants, increasing the burden of the one while it

diminished that of the other, according as the one or the other

solution was adopted.

Except for the fact that the British Government had at its disposal

overwhelming physical force, its case would have shared that of all

other prescriptive rights when they come into collision with present

actualities, demanding their modification. It might be never so true

that long-standing precedent made legal the impressment of British

seamen from neutral vessels on the open sea; but it remained that in

practice many American seamen were seized, and forced into involuntary

servitude, the duration of which, under the customs of the British

Navy, was terminable certainly only by desertion or death. The very

difficulty of distinguishing between the natives of the two countries,

"owing to similarity of language, habits, and manners,"[136] alleged

in 1797 by the British Foreign Secretary, Lord Grenville, to Rufus

King, the American Minister, did but emphasize the incompatibility of

the British claim with the security of the American citizen. The

Consul-General of Great Britain at New York during most of this stormy

period, Thomas Barclay, a loyalist during the War of Independence,

affirms from time to time, with evident sincerity of conviction, the

wishes of the British Government and naval officers not to impress

American seamen; but his published correspondence contains none the

less several specific instances, in which he assures British admirals

and captains that impressed men serving on board their ships are

beyond doubt native Americans, and his editor remarks that "only a few

of his many appeals on behalf of Americans unlawfully seized are here

printed."[137] This, too, in the immediate neighborhood of the United

States, where evidence was most readily at hand. The condition was

intolerable, and in principle it mattered nothing whether one man or

many thus suffered. That the thing was possible, even for a single

most humble and unknown native of the United States, condemned the

system, and called imperiously for remedy. The only effectual remedy,

however, was the abandonment of the practice altogether, whether or

not the theoretic ground for such abandonment was that advanced by the

United States. Long before 1806, experience had demonstrated, what had

been abundantly clear to foresight, that a naval lieutenant or captain

could not safely be intrusted with a function so delicate as deciding

the nationality of a likely English-speaking topman, whom, if British,

he had the power to impress.

The United States did not refuse to recognize, distinctly if not

fully, the embarrassment under which Great Britain labored by losing

the services of her seamen at a moment of such national exigency; and

it was prepared to offer many concessions in municipal regulations, in

order to exclude British subjects from American vessels. Various

propositions were advanced looking to the return of deserters and to

the prevention of enlistments; coupled always with a renunciation of

the British claim to take persons from under the American flag. There

had been much negotiation by individual ministers of the United States

in the ordinary course of their duties; beginning as far back as 1787,

when John Adams had to remonstrate vigorously with the Cabinet

"against this practice, which has been too common, of impressing

American citizens, and especially with the aggravating circumstances

of going on board American vessels, which ought to be protected by the

flag of their sovereign."[138] Again, in 1790, on hostilities

threatening with Spain, a number of American seamen were impressed in

British ports. The arrests, being within British waters, were not an

infringement of American jurisdiction, and the only question then

raised was that of proving nationality. Gouverneur Morris, who

afterwards so violently advocated the British claim to impress their

own subjects in American vessels on the seas,[139] was at this time in

London on a special semi-official errand, committed to him by

President Washington. There being then no American resident minister,

he took upon himself to mention to the Foreign Secretary "the conduct

of their pressgangs, who had taken many American seamen, and had

entered American vessels with as little ceremony as those belonging to

Britain;" adding, with a caustic humor characteristic of him, "I

believe, my Lord, this is the only instance in which we are not

treated as aliens." He suggested certificates of citizenship, to be

issued by the Admiralty Courts of the United States. This was

approved by the Secretary and by Pitt; the latter, however, remarking

that the plan was "very liable to abuse, notwithstanding every

precaution."[140] Various expedients for attaching to the individual

documentary evidence of birth were from time to time tried; but the

heedless and inconsequent character and habits of the sailor of that

day, and the facility with which the papers, once issued, could be

transferred or bought, made any such resource futile. The United

States was thus driven to the position enunciated in 1792 by

Jefferson, then Secretary of State: "The simplest rule will be that

the vessel being American shall be evidence that the seamen on board

of her are such."[141] If this demand comprehended, as it apparently

did, cases of arrest in British harbors, it was clearly extravagant,

resembling the idea proceeding from the same source that the Gulf

Stream should mark the neutral line of United States waters; but for

the open sea it formulated the doctrine on which the country finally

and firmly took its stand.

[Illustration: THOMAS JEFFERSON

From the painting by Gilbert Stuart, in Bowdoin College,

Brunswick, Me.]

The history of the practice of impressment, and of the consequent

negotiations, from the time of Jefferson's first proposition down to

the mission of Monroe and Pinkney, had shown conclusively that no

other basis of settlement than that of the flag vouching for the crew

could adequately meet and remove the evil of which the United States

complained; an evil which was not only an injury to the individuals

affected, but a dishonor to the nation which should continue to

submit. The subject early engaged the care of Rufus King, who became

Minister to Great Britain in 1796. In 1797, Lord Grenville and he had

a correspondence,[142] which served merely to develop the difficulties

on both sides, and things drifted from bad to worse. Not only was

there the oppression of the individual, but the safety of ships was

endangered by the ruthless manner in which they were robbed of their

crews; an evil from which British merchant vessels often

suffered.[143] On October 7, 1799, King again presented Grenville a

paper,[144] summarizing forcibly both the abuses undergone by

Americans, and the inconsistency of the British principle of

inalienable allegiance with other British practices, which not only

conferred citizenship upon aliens serving for a certain time in their

merchant ships, but even attributed it compulsorily to seamen settled

or married in the land.[145] No satisfactory action followed upon this

remonstrance. In March, 1801, Grenville having resigned with Pitt,

King brought the question before their successors, referring to the

letter of October, 1799, as "a full explanation, requiring no further

development on the present occasion."[146] At the same time, by

authority from his Government, he made a definite proposal, "that

neither party shall upon the high seas impress seamen out of the

vessels of the other." The instructions for this action were given

under the presidency of John Adams, John Marshall being then Secretary

of State. On the high seas the vessels of the country were not under

British jurisdiction for any purpose. The only concession of

international law was that the ship itself could be arrested, if found

by a belligerent cruiser under circumstances apparently in violation

of belligerent rights, be brought within belligerent jurisdiction, and

the facts there determined by due process of law. But in the practice

of impressment the whole procedure, from arrest to trial and sentence,

was transferred to the open sea; therefore to allow it extended

thither a British jurisdiction, which possessed none of the guarantees

for the sifting of evidence, the application of law, or the

impartiality of the judge, which may be presumed in regular tribunals.

Yet, while holding clearly the absolute justice of the American

contention, demonstrated both by the faulty character of the method

and the outrageous injustice in results, let us not be blind to the

actuality of the loss Great Britain was undergoing, nor to her

estimate of the compensation offered for the relinquishment of the

practice. The New England States, which furnished a large proportion

of the maritime population, affirmed continually by their constituted

authorities that very few of their seamen were known to be impressed.

Governor Strong of Massachusetts, in a message to the Legislature,

said, "The number of our native seamen impressed by British ships has

been grossly exaggerated, and the number of British seamen employed by

us has at all times been far greater than those of all nations who

have been impressed from our vessels. If we are contending for the

support of a claim to exempt British seamen from their allegiance to

their own country, is it not time to inquire whether our claim is

just?"[147] It seems singular now that the fewness of the citizens

hopelessly consigned to indefinite involuntary servitude should have

materially affected opinion as to the degree of the outrage; but,

after making allowance for the spirit of faction then prevalent, it

can be readily understood that such conditions, being believed by the

British, must color their judgment as to the real extent of the

injustice by which they profited. At New York, in 1805, Consul-General

Barclay,[148] who had then been resident for six years, in replying to

a letter from the Mayor, said, "It is a fact, too notorious to have

escaped your knowledge, that many of his Majesty's subjects are

furnished with American protection, to which they have no title." This

being brought to Madison's attention produced a complaint to the

British Minister. In justifying his statements, Barclay wrote there

were "innumerable instances where British subjects within a month

after their arrival in these states obtain certificates of

citizenship." "The documents I have already furnished you prove the

indiscriminate use of those certificates."[149] Representative Gaston

of North Carolina, whose utterances on another aspect of the question

have been before quoted,[150] said in this relation, "In the battle, I

think of the President and the Little Belt, a neighbor of mine, now an

industrious farmer, noticed in the number of the slain one of his own

name. He exclaimed, 'There goes one of my protections.' On being asked

for an explanation, he remarked that in his wild days, when he

followed the sea, it was an ordinary mode of procuring a little

spending money to get a protection from a notary for a dollar, and

sell it to the first foreigner whom it at all fitted for fifteen or

twenty." But, while believing that the number of impressed Americans

"had been exaggerated infinitely beyond the truth," Gaston added, with

the clear perceptions of patriotism, "Be they more or less, the right

to the protection of their country is sacred and must be

regarded."[151]

The logic was unimpeachable which, to every argument based upon

numbers, replied that the question was not of few or many, but of a

system, under which American seamen--one or more--were continually

liable to be seized by an irresponsible authority, without protection

or hearing of law, and sent to the uttermost part of the earth, beyond

power of legal redress, or of even making known their situation. Yet

it can be understood that the British Government, painfully conscious

of the deterioration of its fighting force by the absence of its

subjects, and convinced of its right, concerning which no hesitation

was ever by it expressed, should have resolved to maintain it,

distrustful of offers to exclude British seamen from the American

merchant service, the efficacy of which must have been more than

doubtful to all familiar with shipping procedures in maritime ports.

The protections issued to seamen as American citizens fell under the

suspicion which in later days not infrequently attached to

naturalization papers; and, if questioned by some of our own people,

it is not to be wondered that they seemed more than doubtful to a

contrary interest.

In presenting the proposition, "that neither party should impress from

the ships of the other," King had characterized it as a temporary

measure, "until more comprehensive and precise regulations can be

devised to secure the respective rights of the two countries."

Nevertheless, the United States would doubtless have been content to

rest in this, duly carried out, and even to waive concession of the

principle, should it be thus voided in practice. As King from the

first foresaw,[152] acceptance by the British Cabinet would depend

upon the new head of the Admiralty, Lord St. Vincent, a veteran

admiral, whose reputation, and experience of over fifty years, would

outweigh the opinions of his colleagues. In reply to a private letter

from one of St. Vincent's political friends, sent at King's request,

the admiral wrote: "Mr. King is probably not aware of the abuses which

are committed by American Consuls in France, Spain, and Portugal, from

the generality of whom every Englishman, knowing him to be such, may

be made an American for a dollar. I have known more than one American

master carry off soldiers, in their regimentals, arms, and

accoutrements, from the garrison at Gibraltar; and there cannot be a

doubt but the American trade is navigated by a majority of British

subjects; and a very considerable one too." However inspired by

prejudice, these words in their way echo Gaston's statements just

quoted; while Madison in 1806 admitted that the number of British

seamen in American merchant ships was "considerable, though probably

less than supposed."

Entertaining these impressions, the concurrence of St. Vincent seemed

doubtful; and in fact, through the period of nominal peace which soon

ensued, and continued to May, 1803, the matter dragged. When the

renewal of the war was seen to be inevitable, King again urged a

settlement, and the Foreign Secretary promised to sign any agreement

which the admiral would approve. After conference, King thought he had

gained this desired consent, for a term of five years, to the American

proposition. He drew up articles embodying it, together with the

necessary equivalents to be stipulated by the United States; but,

before these could be submitted, he received a letter from St.

Vincent, saying that he was of the opinion that the narrow seas should

be expressly excepted from the operation of the clause, "as they had

been immemorially considered to be within the dominions of Great

Britain." Since this would give the consent of the United States to

the extension of British jurisdiction far beyond the customary three

miles from the shore, conceded by international law, King properly

would not accept the solution, tempting as was the opportunity to

secure immunity for Americans in other quarters from the renewed

outrages that could be foreseen. He soon after returned to the United

States, where his decision was of course approved; for though the Gulf

Stream appeared to Jefferson the natural limit for the neutral

jurisdiction of America, the claim of Great Britain to the narrow seas

was evidently a grave encroachment upon the rights of others.

In later years Lord Castlereagh, in an interview with the American

charge d'affaires, Jonathan Russell, assured him that Mr. King had

misapprehended St. Vincent's meaning; reading, from a mass of records

then before him, a letter of the admiral to Sir William Scott, Judge

of the High Court of Admiralty, "asking for counsel and advice, and

confessing his own perplexity and total incompetency to discover any

practical project for the safe discontinuance of the practice." "You

see," proceeded Lord Castlereagh, "that the confidence of Mr. King on

this point was entirely unfounded."[153]

Wherever the misunderstanding lay, matters had not advanced in the

least towards a solution when Monroe reached England, in 1803, as

King's successor. Up to that time, no tabular statement seems to have

been prepared, showing the total number of seamen impressed from

American vessels during the first war, 1793-1801; nor does the present

writer think it material to ascertain, from the fragmentary data at

hand, the exact extent of an injury to which the question of more or

less was secondary. The official agent of the American Government, for

the protection of seamen, upon quitting his post in London in 1802,

wrote that he had transferred to his successor "A list of 597 seamen,

where answers have been returned to me, stating that, having no

documents to prove their citizenship, the Lords Commissioners of the

Admiralty could not consent to their discharge." Only seven cases then

remained without replies, which shows at the least a decent attention

to the formalities of intercourse; and King, in his letter of October

7, 1799, had acknowledged that the Secretary to the Admiralty had

"given great attention to the numerous applications, and that a

disposition has existed to comply with our demands, when the same

could be done consistently with the maxims and practice adopted and

adhered to by Great Britain." The Admiralty, however, maintained that

"the admission of the principle, that a man declaring himself to

belong to a foreign state should, upon that assertion merely, and

without direct or very strong circumstantial proof, be suffered to

leave the service, would be productive of the most dangerous

consequences to his Majesty's Navy." The agent himself had written to

the Secretary of the Admiralty, "I freely confess that I believe many

of them are British subjects; but I presume that all of them were

impressed from American vessels, and by far the greater proportion are

American citizens, who, from various causes, have been deprived of

their certificates, and who, from their peculiar situation, have been

unable to obtain proofs from America."[154]

When Mr. Monroe arrived in England in 1803, after the conclusion of

the Louisiana purchase from France, war had just re-begun.

Instructions were sent him, in an elaborate series of articles framed

by Madison, for negotiating a convention to regulate those matters of

difference which experience had shown were sure to arise between the

two countries in the progress of the hostilities. Among them,

impressment was given the first place; but up to 1806, when Pinkney

was sent as his associate, nothing had been effected, nor does urgency

seem to have been felt. So long as in practice things ran smoothly,

divergences of opinion were easily tolerable. Soon after the receipt

of the instructions, in March, 1804,[155] the comparatively friendly

administration of Addington gave way to that of Pitt; and upon this

had followed Monroe's nine-months absence in Spain. Before departure,

however, he had written, "The negotiation has not failed in its great

objects, ... nor was there ever less cause of complaint furnished by

impressment."[156] The outburst of seizure upon the plea of a

constructively direct trade, already mentioned, had followed, and,

with the retaliatory non-importation law of the United States, made

the situation acute and menacing. Further cause for exasperation was

indicated in a report from the Secretary of State, March 5, 1806,

giving, in reply to a resolution of the House, a tabulated statement,

by name, of 913 persons, who "appear to have been impressed from

American vessels;" to which was added that "the aggregate number of

impressments into the British service since the commencement of the

present war in Europe (May, 1803) is found to be 2,273."[157]

Confronted by this situation of wrongs endured, by commerce and by

seamen, the mission of Monroe and Pinkney was to negotiate a

comprehensive treaty of "amity, commerce, and navigation," the first

attempted between the two countries since Jay's in 1794. When Pinkney

landed, Fox was already in the grip of the sickness from which he died

in the following September. This circumstance introduced an element of

delay, aggravated by the inevitable hesitations of the new ministry,

solicitous on the one hand to accommodate, but yet more anxious not to

incense British opinion. The Prime Minister, in room of Mr. Fox,

received the envoys on August 5, and, when the American demand was

explained to him, defined at once the delicacy of the question of

impressment. "On the subject of the impressment of our seamen, he

suggested doubts of the practicability of devising the means of

discrimination between the seamen of the two countries, within (as we

understood him) their respective jurisdictions; and he spoke of the

importance to the safety of Great Britain, in the present state of the

power of her enemy, of preserving in their utmost strength the right

and capacity of Government to avail itself in war of the services of

its seamen. These observations were connected with frequent

professions of an earnest wish that some liberal and equitable plan

should be adopted, for _reconciling the exercise_ of this essential

right with the just claims of the United States, and for removing from

it all cause of complaint and irritation."[158]

In consequence of Mr. Fox's continued illness two negotiators, one of

whom, Lord Holland, was a near relative of his, were appointed to

confer with the American envoys, and to frame an agreement, if

attainable. The first formal meeting was on August 27, the second on

September 1.[159] As the satisfactory arrangement of the impressment

difficulty was a _sine qua non_ to the ratification of any treaty, and

to the repeal of the Non-Importation Act, this American requirement

was necessarily at once submitted. The reply was significant,

particularly because made by men apparently chosen for their general

attitude towards the United States, by a ministry certainly desirous

to conciliate, and to retain the full British advantage from the

United States market, if compatible with the preservation of an

interest deemed greater still. "It was soon apparent that they felt

the strongest repugnance to a formal renunciation, or the abandonment,

of their claim to take from our vessels on the high seas such seamen

as should appear to be their own subjects, and they pressed upon us

with much zeal a provision" for documentary protection to individuals;

"but that, subject to such protections, the ships of war of Great

Britain should continue to visit and impress on the main ocean as

heretofore."

In the preliminary discussions the British negotiators presented the

aspect of the case as it appeared to them and to their public. They

"observed that they supposed the object of our plan to be to prevent

the impressment at sea of American seamen, and not to withdraw

British seamen from the naval service of their country in times of

great national peril, for the purpose of employing them ourselves;

that the first of these purposes would be effectually accomplished by

a system which should introduce and establish a clear and conclusive

distinction between the seamen of the two countries, which on all

occasions would be implicitly respected; that if they should consent

to make our commercial navy a floating asylum for all the British

seamen who, tempted by higher wages, should quit their service for

ours, the effect of such a concession upon their maritime strength, on

which Great Britain depended, not only for her prosperity but for her

safety, might be fatal; that on the most alarming emergency they might

be deprived, to an extent impossible to calculate, of their only means

of security; that our vessels might become receptacles for deserters

to any amount, and when once at sea might set at defiance the just

claims of the service to which such deserters belonged; that, even

within the United States, it could not be expected that any plan for

recovering British deserters could be efficacious; and that, moreover,

the plan we proposed was inadequate in its range and object, inasmuch

as it was merely prospective, confined wholly to deserters, and in no

respect provided for the case of the vast body of British seamen _now_

employed in our trade to every part of the world."

To these representations, which had a strong basis in fact and reason,

if once the British principle was conceded, the American negotiators

replied in detail as best they could. In such detail, the weight of

argument and of probability appears to the writer to rest with the

British case; but there is no adequate reply to the final American

assertion, which sums up the whole controversy, "that impressment upon

the high seas by those to whom that service is necessarily confided

must under any conceivable guards be frequently abused;" such abuse

being the imprisonment without trial of American citizens, as "a

pressed man," for an indefinite period. Lord Cochrane, a British naval

officer of rare distinction, stated in the House of Commons a few

years later that "the duration of the term of service in his Majesty's

Navy is absolutely without limitation."[160]

The American envoys were prevented by their instructions from

conceding this point, and from signing a treaty without some

satisfactory arrangement. Meantime, impressed by the conciliatoriness

of the British representatives, and doubtless in measure by the

evident seriousness of the difficulty experienced by the British

Government, they wrote home advising that the date for the

Non-Importation Act going into operation, now close at hand, should be

postponed; and, in accordance with a recommendation from the

President, the measure was suspended by Congress, with a provision for

further prolongation in the discretion of the Executive. On September

13 Fox died, an event which introduced further delays, esteemed not

unreasonable by Monroe and Pinkney. Their next letter home, however,

November 11,[161] while reporting the resumption of the negotiation,

announced also its failure by a deadlock on this principal subject of

impressment: "We have said everything that we could in support of our

claim, that the flag should protect the crew, which we have contended

was founded in unquestionable right.... This right was denied by the

British commissioners, who asserted that of their Government to seize

its subjects on board neutral vessels on the high seas, and also urged

that the relinquishment of it at this time would go far to the

overthrow of their naval power, on which the safety of the state

essentially depended." In support of the abstract right was quoted the

report from a law officer of the Crown, which "justified the

pretension by stating that the King had a right, by his prerogative,

to require the services of all his seafaring subjects against the

enemy, and to seize them by force wherever found, not being within the

territorial limits of another Power; that as the high seas were

extra-territorial, the merchant vessels of other Powers navigating on

them were not admitted to possess such a jurisdiction as to protect

British subjects from the exercise of the King's prerogative over

them."

This was a final and absolute rejection of Madison's doctrine, that

merchant vessels on the high seas were under the jurisdiction only of

their own country. Asserted right was arrayed directly and

unequivocally against asserted right. Negotiation on that subject was

closed, and to diplomacy was left no further resort, save arms, or

submission to continued injury and insult. The British commissioners

did indeed submit a project,[162] in place of that of the United

States, rejected by their Government. By this it was provided that

thereafter the captain of a cruiser who should impress an American

citizen should be liable to heavy penalties, to be enacted by law; but

as the preamble to this proposition read, "Whereas it is not lawful

for a belligerent to impress or carry off, from on board a neutral,

seafaring persons _who are not the subjects of the belligerent_,"

there was admitted implicitly the right to impress those who were such

subjects, the precise point at issue. The Americans therefore

pronounced it wholly inadmissible, and repeated that no project could

be adopted "which did not allow our ships to protect their crews."

The provision made indispensable by the United States having thus

failed of adoption, the question arose whether the negotiation should

cease. The British expressed an earnest desire that it should not, and

as a means thereto communicated the most positive assurances from

their Government that "instructions have been given, and will be

repeated and enforced, for the observance of the greatest caution in

the impressing of British seamen; that the strictest care shall be

taken to preserve the citizens of the United States from molestation

or injury; and that prompt redress shall be afforded upon any

representation of injury."[163] To this assurance the American

commissioners attached more value as a safeguard for the future than

past experience warranted; but in London they were able to feel, more

accurately than an official in Washington, the extent and complexity

of the British problem, both in actual fact and in public feeling.

They knew, too, the anxious wish of the President for an accommodation

on other matters; so they decided to proceed with their discussions,

having first explicitly stated that they were acting on their own

judgment.[164] Consequently, whatever instrument might result from

their joint labors would be liable to rejection at home, because of

the failure of the impressment demand.

The discussions thus renewed terminated in a treaty of amity,

commerce, and navigation, signed by the four negotiators, December 31,

1806. Into the details of this instrument it is unnecessary to go, as

it never became operative. Jefferson persisted in refusing approval to

any formal convention which did not provide the required stipulation

against impressment. He was dissatisfied also with particular details

connected with the other arrangements. All these matters were set

forth at great length in a letter[165] of May 20, 1807, from Mr.

Madison to the American commissioners; in which they were instructed

to reopen negotiations on the basis of the treaty submitted,

endeavoring to effect the changes specified. The danger to Great

Britain from American commercial restriction was fully expounded, as

an argument to compel compliance with the demands; the whole

concluding with the characteristic remark that, "as long as

negotiation can be honorably protracted, it is a resource to be

preferred, under existing circumstances, to the peremptory alternative

of improper concessions or inevitable collisions." In other words, the

United States Government did not mean to fight, and that was all Great

Britain needed to know. That she would suffer from the closure of the

American market was indisputable; but, being assured of transatlantic

peace, there were other circumstances of high import, political as

well as commercial, which rendered yielding more inexpedient to her

than a commercial war.

At the end of March, 1807, within three months of the signature at

London, the British Ministry fell, and the disciples of Pitt returned

to power. Mr. Canning became Foreign Secretary. Circumstances were

then changing rapidly on the continent of Europe, and by the time

Madison's letter reached England a very serious event had modified

also the relations of the United States to Great Britain. This was the

attack upon the United States frigate "Chesapeake" by a British ship

of war, upon the high seas, and the removal of four of her crew,

claimed as deserters from the British Navy. Unofficial information of

this transaction reached England July 25, just one day after Monroe

and Pinkney had addressed to Canning a letter communicating their

instructions to reopen negotiations, and stating the changes deemed

desirable in the treaty submitted. The intervention of the

"Chesapeake" affair, to a contingent adjustment of which all other

matters had been postponed, delayed to October 22 the reply of the

British Minister.[166] In this, after a preamble of "distinct protest

against a practice, altogether unusual in the political transactions

of states, by which the American Government assumes to itself the

privilege of revising and altering agreements concluded and signed on

its behalf by its agents duly authorized for that purpose," Canning

thus announced the decision of the Cabinet: "The proposal of the

President of the United States for proceeding to negotiate anew, upon

the basis of a treaty already solemnly concluded and signed, is a

proposal wholly inadmissible. And his Majesty has therefore no option,

under the present circumstances of this transaction, but to acquiesce

in the refusal of the President of the United States to ratify the

treaty signed on December 31, 1806." The settlement of the

"Chesapeake" business having already been transferred to Washington,

by the appointment of a special British envoy, this rejection of

further consideration of the treaty closed all matters pending between

the two governments, except those appertaining to the usual duties of

a legation, and Monroe's mission ended. A fortnight later he sailed

for the United States. His place as regularly accredited Minister to

the British Court was taken by Pinkney, through whom were conducted

the subsequent important discussions, which arose from the marked

extension given immediately afterwards by France and Great Britain to

their several policies for the forcible restriction of neutral trade.

Those who have followed the course of the successive events traced in

this chapter, and marked their accelerating momentum, will be prepared

for the more extreme and startling occurrences which soon after ensued

as a matter of inevitable development. They will be able also to

understand how naturally the phrase, "Free Trade and Sailors' Rights,"

grew out of these various transactions, as the expression of the

demands and grievances which finally drove the United States into

hostilities; and will comprehend in what sense these terms were used,

and what the wrongs against which they severally protested. "Free

Trade" had no relation of opposition to a system of protection to home

industries, an idea hardly as yet formulated to consciousness, except

by a few advanced economists. It meant the trade of a nation carried

on according to its own free will, relieved from fetters forcibly

imposed by a foreign yoke, in which, under the circumstances of the

time, the resurrection of colonial bondage was fairly to be discerned.

"Sailors' Rights" expressed not only the right of the American seaman

to personal liberty of action,--in theory not contested, but in

practice continually violated by the British,--but the right of all

seamen under the American flag to its protection in the voluntary

engagements which they were then fulfilling. It voiced the sufferings

of the individual; the personal side of an injury, the reverse of

which was the disgrace of the nation responsible for his security.

It was afterwards charged against the administrations of Jefferson and

Madison, under which these events ran their course to their

culmination in war, that impressment was not a cause of the break

between the two countries, but was adduced subsequently to swell the

array of injuries, in which the later Orders in Council were the real

determinative factor. The drift of this argument was, that the Repeal

of the Orders, made almost simultaneously with the American

Declaration of War, and known in the United States two months later,

should have terminated hostilities. The British Government, in an

elaborate vindication of its general course, published in January,

1813, stated that, "in a manifesto, accompanying their declaration of

hostilities, in addition to the former complaints against the Orders

in Council, a long list of grievances was brought forward; but none of

them such as were ever before alleged by the American Government to be

grounds for war." In America itself similar allegations were made by

the party in opposition. The Maryland House of Delegates, in January,

1814, adopted a memorial, in which it was said that "The claim of

impressment, which has been so much exaggerated, but which was never

deemed of itself a substantive cause of war, has been heretofore

considered susceptible of satisfactory arrangement in the judgment of

both the commissioners, who were selected by the President then in

office to conduct the negotiation with the English ministry in the

year 1806."[167] The words of the commissioners in their official

letters of November 11, 1806,[168] and April 22, 1807,[169] certainly

sustain this statement as to their opinion, which was again

deliberately affirmed by Monroe in a justificatory review of their

course, addressed to Madison in February, 1808,[170] after his return.

Gaston, speaking in the House in February, 1814, said: "Sir, the

question of seamen was not a cause of this war. More than five years

had passed over since an arrangement on this question, perfectly

satisfactory to our ministers, [Monroe and Pinkney] had been made with

Great Britain; but it pleased not the President, and was rejected.

Yet, during the whole period that afterwards elapsed until the

declaration of war, no second effort was made to adjust this cause of

controversy."[171]

Gaston here is slightly in error as to fact, for the attack upon the

"Chesapeake" was made by the Government the occasion for again

demanding an abandonment of the practice of impressment from American

merchant ships; but, accepting the statements otherwise, nothing more

could be required of the Administration, so far as words went, than

its insistence upon this relinquishment as a _sine qua non_ to any

treaty. Its instructions to its ministers in 1806 had placed this

demand first, not only in order, but in importance, coupling with it

as indispensable only one other condition, the freedom of trade; the

later and more extreme infringements of which were constituted by the

Orders in Council of 1807. After protracted discussion, the American

requirement as to impressment had been refused by Great Britain,

deliberately, distinctly, and in the most positive manner; nor does it

seem possible to concur with the opinion of our envoys that the

stipulations offered by her representatives, while not sacrificing the

British principle, did substantially and in practice secure the

American demands. These could be satisfactorily covered only by the

terms laid down by the Administration. Thereafter, any renewal of the

subject must come from the other side; it was inconsistent with

self-respect for the United States again to ask it, unless with arms

in her hands. To make further advances in words would have been, not

to negotiate, but to entreat. This, in substance, was the reply of the

Government to its accusers at home, and it is irrefutable.

It is less easy--rather, it is impossible--to justify the

Administration for refraining from adequate deeds, when the impotence

of words had been fully and finally proved. In part, this was due to

miscalculation, in itself difficult to pardon, from the somewhat

sordid grounds and estimates of national feeling upon which it

proceeded. The two successive presidents, and the party behind them,

were satisfied that Great Britain, though standing avowedly and

evidently upon grounds considered by her essential to national honor

and national safety, could be compelled to yield by the menace of

commercial embarrassment. That there was lacking in them the elevated

instinct, which could recognize that they were in collision with

something greater than a question of pecuniary profits, is in itself a

condemnation; and their statesmanship was at fault in not appreciating

that the enslaved conditions of the European continent had justly

aroused in Great Britain an exaltation of spirit, which was prepared

to undergo every extreme, in resistance to a like subjection, till

exhaustion itself should cause her weapons to drop from her hands.

The resentment of the United States Government for the injuries done

its people was righteous and proper. It was open to it to bear them

under adequate protest, sympathizing with the evident embarrassments

of the old cradle of the race; or, on the other hand, to do as she was

doing, strain every nerve to compel the cessation of outrage. The

Administration preferred to persist in its military and naval

economies, putting forth but one-half of its power, by measures of

mere commercial restriction. These impoverished its own people, and

divided national sentiment, but proved incapable within reasonable

time to reduce the resolution of the opponent. That that finally gave

way when war was clearly imminent proves, not that commercial

restriction alone was sufficient, but that coupled with military

readiness it would have attained its end more surely, and sooner;

consequently with less of national suffering, and no national

ignominy.

Entire conviction of the justice and urgency of the American

contentions, especially in the matter of impressment, and only to a

less degree in that of the regulation of trade by foreign force, as

impeaching national independence, is not enough to induce admiration

for the course of American statesmanship at this time. The acuteness

and technical accuracy of Madison's voluminous arguments make but more

impressive the narrowness of outlook, which saw only the American

point of view, and recognized only the force of legal precedent, at a

time when the foundations of the civilized world were heaving.

American interests doubtless were his sole concern; but what was

practicable and necessary to support those interests depended upon a

wide consideration and just appreciation of external conditions. That

laws are silent amid the clash of arms, seems in his apprehension

transformed to the conviction that at no time are they more noisy and

compulsive. Upon this political obtuseness there fell a kind of

poetical retribution, which gradually worked the Administration round

to the position of substantially supporting Napoleon, when putting

forth all his power to oppress the liberties of Spain, and of

embarrassing Great Britain at the time when a people in insurrection

against perfidy and outrage found in her their sole support. During

these eventful five years, the history of which we are yet to trace,

the bearing of successive British ministries towards the United States

was usually uncompromising, often arrogant, sometimes insolent, hard

even now to read with composure; but in the imminent danger of their

country, during a period of complicated emergencies, they held, with

cool heads, and with steady hands on the helm, a course taken in full

understanding of world conditions, and with a substantially just

forecast of the future. Among their presuppositions, in the period

next to be treated, was that America might argue and threaten, but

would not fight. There was here no miscalculation, for she did not

fight till too late, and she fought wholly unprepared.

FOOTNOTES:

[108] Wheaton's International Law, p. 753.

[109] American State Papers, Foreign Relations, vol. i. p. 476.

[110] American State Papers, Foreign Relations, vol. i. pp. 472-474.

[111] Ibid., p. 503.

[112] American State Papers, Foreign Relations, vol. i. p. 522.

[113] American State Papers, Foreign Relations, vol. ii. p. 491.

[114] American State Papers, Foreign Relations, vol. iii. p. 263.

[115] American State Papers, Foreign Relations, vol. iii. p. 265.

[116] Ibid., p. 266.

[117] Ibid., p. 175.

[118] American State Papers, Foreign Relations, vol. iii. p. 98.

[119] History of the United States, by Henry Adams, vol. ii. p. 423.

[120] American State Papers, Foreign Relations, vol. ii. p. 491.

[121] Ibid., vol. iii. p. 145.

[122] American State Papers, Foreign Relations, vol. iii. p. 114.

[123] Monroe to Madison, April 28, 1806. American State Papers, vol.

iii. p. 117.

[124] American State Papers, Foreign Relations, vol. iii. p. 111.

[125] American State Papers, Foreign Relations, vol. iii. pp. 109,

107.

[126] Ibid., p. 118.

[127] For the text of this measure, see American State Papers, Foreign

Relations, vol. iii. p. 267.

[128] American State Papers, Foreign Relations, vol. iii. p. 443.

[129] American State Papers, Foreign Relations, vol. iii. p. 446.

[130] American State Papers, Foreign Relations, vol. iii. p. 195.

Author's italics.

[131] Ibid., p. 371.

[132] See, particularly, Foster to Monroe, July 3, 1811. American

State Papers, Foreign Relations, vol. iii. p. 436.

[133] Ibid., pp. 428, 439.

[134] The Instructions to Monroe and Pinkney are found in American

State Papers, Foreign Relations, vol. iii. p. 120.

[135] American State Papers, Foreign Relations, vol. iii. pp. 200,

201.

[136] American State Papers, Foreign Relations, vol. ii. p. 148.

[137] Correspondence of Thomas Barclay, edited by George L. Rives, New

York, 1894. For instances, see Index, Impressment.

[138] Works of John Adams, vol. viii. p. 456.

[139] Ante, p. 6.

[140] American State Papers, Foreign Relations, vol. i. pp. 123-124.

[141] Jefferson's Works, Letter to T. Pinckney, Minister to Great

Britain, June 11, 1792.

[142] American State Papers, Foreign Relations, vol. ii. pp. 145-150.

[143] See, for example, Naval Chronicle, vol. xxvi. pp. 215-221,

306-309.

[144] Life and Correspondence of Rufus King, vol. iii. p. 115.

[145] American State Papers, Foreign Relations, vol. ii. p. 150.

[146] Ibid., p. 493.

[147] Niles' Register, vol. v. p. 343.

[148] Correspondence, p. 210.

[149] Correspondence, p. 219.

[150] Ante, p. 7.

[151] Niles' Register, vol. v. Supplement, p. 105.

[152] King to Thomas Erskine. Life of King, vol. iii. p. 401.

[153] Russell to the Secretary of State, Sept. 17, 1812. American

State Papers, Foreign Relations, vol. iii. p. 593.

[154] American State Papers, Foreign Relations, vol. ii. pp. 427, 473.

[155] Ibid., vol. iii. p. 90.

[156] Ibid., p. 98.

[157] American State Papers, Foreign Relations, vol. ii. pp. 776-798.

[158] American State Papers, Foreign Relations, vol. iii. p. 131.

Author's italics.

[159] For the American report of these interviews, see Ibid., pp.

133-135.

[160] Cobbett's Parliamentary Debates, vol. xxvi. p. 1103.

[161] American State Papers, Foreign Relations, vol. iii. pp. 137-140.

[162] American State Papers, Foreign Relations, vol. iii. p. 140.

[163] American State Papers, Foreign Relations, vol. iii. p. 140.

[164] Ibid., p. 139.

[165] Ibid., pp. 166-173.

[166] American State Papers, Foreign Relations, vol. iii. p. 198.

[167] Niles' Register, vol. v. p. 377.

[168] American State Papers, Foreign Relations, vol. iii. p. 139.

[169] Ibid., p. 161.

[170] Ibid., p. 173.

[171] Niles' Register, vol. v. Supplement, p. 102.

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