CHAPTER III.

The new Ministry which succeeded “All the Talents” and took seat in

Parliament April 8, 1807, represented everything in English society

that was most impervious to reason. In its origin a creature of royal

bigotry trembling on the verge of insanity, before it had been a few

short weeks in office every liberal or tolerant Englishman was shocked

to find that this band of Tories, whose prejudices were such as modern

society could scarcely understand, and who had been forced into office

by the personal will of an almost imbecile King, did in reality

represent a great reaction of the English people against tolerant

principles, and reflected the true sense of the nation as it had never

been reflected by Grenville or Fox. Parliament was dissolved April 27,

though only four months old; and June 22, when the “Leopard” was firing

into the “Chesapeake,” the new Parliament met at Westminster Hall,

with a ministerial majority of more than two hundred country squires,

elected on the cry that the Church was in danger.

From its nominal head, this Ministry was called the Portland

administration; but its leader was Spencer Perceval, the Chancellor

of the Exchequer, and its mouthpiece was George Canning, the Foreign

Secretary. These two commoners--men of no special family connection,

of no estates, and little so-called “stake in the country”--guided the

aristocratic and conservative society of England, and exaggerated its

tendencies. In modern days little is remembered of Spencer Perceval

except that he became at last one of the long list of victims to

lunatic assassins; but for a whole generation no English Liberal

mentioned the name of the murdered prime minister without recalling

the portrait drawn by Sydney Smith in the wittiest and keenest of his

writings,[36] in which Perceval was figured as living at Hampstead upon

stewed meats and claret, and walking to church every Sunday before

eleven young gentlemen of his own begetting, with their faces washed

and their hair pleasingly combed.

In Sydney Smith’s caricature there was little exaggeration. Spencer

Perceval was forty-five years old, a lawyer of the best character,

devoted to his family, his church, and sovereign; a man after Lord

Eldon’s heart, who brought to the Treasury Bench the legal knowledge

and mental habits of a leader at the Chancery Bar and the political

morality of a lawyer’s brief. The criticism was not less revolting than

remarkable, that many of the men whose want of political morality was

most conspicuous in this story were, both in England and in America,

models of private respectability and fanatical haters of vice. That

Timothy Pickering and Roger Griswold should join hands with Aaron Burr

was less wonderful than that Spencer Perceval and his friend James

Stephen, the author of “War in Disguise,” should adopt the violence of

Napoleon as the measure of their own morals, and avow that they meant

to respect no other standard. With the same voice Spencer Perceval

expressed fear lest calling Parliament on a Monday should lead members

into Sunday travel, and justified the bombardment of Copenhagen and the

robbery of American commerce.

The Whigs thought little of his abilities. Sydney Smith, who delighted

to ridicule him, said that he had the head of a country parson and the

tongue of an Old Bailey lawyer.[37] The Tories admired and followed

him as readily as they had once followed Pitt; but to an American,

necessarily prejudiced, Sydney Smith’s estimate seemed just. Every

American critic placed Perceval in an order of intelligence not only

below the Whigs, but below Lord Sidmouth. When confronted with the

dulness of Spencer Perceval, Americans could even feel relief in the

sarcasm of George Canning, which, unlike Perceval’s speeches, had at

least the merit of rhetoric.

Of George Canning, who passed so rapidly across the scene, and yet

left so sharp an impression on the memory of America, something must

be said, if only to explain how a man so gifted, and in later life

so different in influence, should have thought it worth his while

to challenge the hatred of a people whose future he, unlike his

colleague Perceval, had imagination enough to foresee. George Canning

was thirty-seven years old when he took charge of the Foreign office.

His father, who came from a very respectable but in no way eminent

family, died in 1771; his mother having no means of support became

a provincial actress, and the boy was adopted by an uncle, who sent

him to Eton and Oxford. He left Oxford at the time when the French

Revolution promised a new birth to Europe, and Canning was then a warm

Republican from sympathy and conviction. The political reaction which

followed swept the young man to the opposite extreme; and his vehemence

for monarchy and the Tories gave point to a Whig sarcasm,--that men

had often been known to turn their coats, but this was the first time

that a boy had turned his jacket. In consequence of his conversion

Pitt brought him into Parliament in 1793, and placed him in office in

1796. In the hotbed of Pitt’s personal favor[38] Canning’s natural

faults were stimulated, until the irritation caused by his sarcastic

wit and by what the stolid gentry thought his flippancy roused a sort

of insurrection against him. Few men were more admired, and none was

more feared or hated; for it was impossible to say what time-honored

monument he might overthrow in defending.

No man in England flung himself more violently into the reaction

against Republican ideas than this young Republican of 1789. Canning’s

contempt was unbounded for everything that savored of liberal

principles; and in following the impulses of his passion he lost

whatever political morality he had possessed. If one act in Bonaparte’s

career concentrated more than another the treason and violence of a

lifetime, it was the _coup d’état_ of the 18th Brumaire, in 1799, when

he drove the Legislature at the point of the bayonet from the hall at

St. Cloud, and annihilated French liberty, as he hoped, forever; yet

this act, which might have been applauded by some English statesmen

whose heads paid on Tower Hill the penalty for such treason to the

liberties of their own country, threw Canning into paroxysms of delight.

“Huzza! huzza! huzza!” he wrote[39] on hearing the news; “for no

language but that of violent and tumultuous and triumphant exclamation

can sufficiently describe the joy and satisfaction which I feel

at this complete overthrow and extinction of all the hopes of the

proselytes to new principles.... It is the lasting ridicule thrown

upon all systems of democratic equality,--it is the galling conviction

carried home to the minds of all the brawlers for freedom in this and

every other country,--that there never was, nor will be, nor can be, a

leader of a mob faction who does not mean to be the lord and not the

servant of the people. It is this that makes the name of Bonaparte

dear to me.... Henceforth, with regard to France and the principles

of France, or to any country similarly circumstanced as to extent,

population, manners, etc., _Republican_ and _fool_ are synonymous

terms.”

Canning had several qualities in common with Bonaparte, and one of them

was the habit of classifying under the head of fools persons whose

opinions he did not fancy,--from the man who believed in a republic to

the man who liked dry champagne. In his mouth such persons were either

fools or liars; and Americans, with few exceptions, came under one or

the other of these heads. After the 18th Brumaire the world contained

but one leader of a mob faction, brawling for liberty; but he was

President of the United States. No miraculous sagacity was needed to

foretell what treatment he was likely to receive at the hands of two

men like Canning and Bonaparte, should the empire of the world ever be

divided between them. To throw lasting ridicule upon all systems of

democratic equality was Canning’s most passionate wish, and his success

was marvellous. Even his squibs exploded like rockets. In literature,

his “Needy Knife-grinder” was a harmless piece of clever satire, but in

the “Anti-Jacobin” it was a political event.

In Parliament Canning’s influence was not yet very great. He relied too

much on wit, and what was then called quizzing, or he imitated Pitt’s

oratory too closely; but even in the House of Commons he steadily won

ground, and while Burke, Pitt, Fox, Windham, and Sheridan, one after

another, disappeared or were thrown into the shade, Canning’s figure

became more prominent on the Treasury Bench between two such foils

as Spencer Perceval and Lord Castlereagh. Although his mind ripened

slowly, and was still far from maturity, he was already a master in

choice of language; he always excelled in clearness of statement

and skill of illustration; and if his taste had been as pure as his

English, he would have taken rank with the greatest English orators.

Some of his metaphors survived, with those of Burke and Sheridan.

When Napoleon was forced back to the Elbe, “the mighty deluge, by

which the Continent had been overwhelmed, began to subside; the

limits of nations were again visible; and the spires and turrets

of ancient establishments began to reappear above the subsiding

wave.” In addressing the people at Plymouth, he likened England to a

line-of-battle ship; “one of those stupendous masses now reposing on

their shadows in perfect stillness,” but ready at a sign to ruffle,

as it were, its swelling plumage, to awaken its dormant thunder.

Such eloquence recalled Burke at his less philosophical moments. It

contained more rhetoric than thought; but Canning was there at his

best. At his worst, as Americans commonly saw him, his natural tones

seemed artificial, and only his imitations seemed natural. To Americans

Canning never showed himself except as an actor. As an instance of his

taste, Americans could best appreciate the climax with which he once

electrified the House of Commons in speaking of the Spanish American

Republics: “I called the new world into existence to redress the

balance of the old.” The House cheered to the echo, while America stood

open-mouthed in astonishment at the success of such extravagant egoism.

In the new Ministry of 1807, the lead was to the strongest; and

Canning, who treated with almost open contempt his rival Lord

Castlereagh, a man intellectually his inferior, could count upon

a great destiny. Less scrupulous or less broad than Pitt, he held

that Napoleon’s course had absolved England from ordinary rules of

morals. To fight Bonaparte with his own weapons had become the duty of

Englishmen; and the first act of the new Administration showed what

meaning was to be put on this favorite phrase.

February 8, Napoleon fought the desperate battle of Eylau, which

closely resembled a defeat. His position was critical; but before

Canning could fairly get control of events, Napoleon, June 14, again

attacked the Russians at Friedland and won a decisive victory. June 25

Napoleon and Alexander held an interview on an island in the Niemen.

The chief point in question was whether Alexander would abandon

England; and this he was almost glad to do, for England had abandoned

him. Alexander yielded to the force and flattery of Napoleon, and

signed July 7 the treaty of Tilsit. By a private understanding the

remaining neutrals were left to Napoleon to be dealt with as he

pleased. Denmark was the only neutral power the control of which was

necessary for the success of Napoleon’s system, and August 2 he sent

orders to Bernadotte, who was to command at Hamburg: “If England does

not accept the mediation of Russia, Denmark must declare war upon her,

or I will declare war on Denmark.”[40] Finding that the Prince Royal

hesitated, Napoleon, August 17, sent orders[41] to Bernadotte to hold

himself ready with all his troops to march into Denmark either as ally

or enemy, according to the issue of the pending negotiation. Threatened

by this overwhelming danger, the Prince Royal of Denmark alternately

promised and evaded the declaration of war; when suddenly his doubts

were brought to an end by the diplomacy of Canning.

The British ministry had been secretly informed of what took place at

Tilsit, and even without secret information could not have doubted the

fate of Denmark. Vigor was necessary; and as early as July 19, before

news had arrived of the formal signature of the Tilsit treaty, the

Cabinet decided on sending to Copenhagen a large naval expedition which

had been collected for a different purpose. July 26 the expedition,

commanded by Lord Gambier, sailed from the Downs. It consisted of some

twenty ships of the line, forty frigates, and transports containing

twenty-seven thousand troops commanded by Lord Cathcart; and it

carried a diplomatic agent with instructions to require from the Prince

Royal of Denmark the delivery of the Danish fleet, as a temporary

security for the safety of England.

The man whom Canning charged with this unpleasant duty was the same

Jackson whose appointment as Minister to the United States had been

opposed by Rufus King, and who had subsequently gone as British

minister to Berlin. Jackson’s dogmatic temper and overbearing manners

made him obnoxious even to the clerks of the Foreign Office;[42] but

he was a favorite with Lord Malmesbury, who since Pitt’s death had

become Canning’s political mentor, and Lord Malmesbury’s influence was

freely used in Jackson’s behalf. Obeying his instructions, the British

envoy went to Kiel and had an interview with the Prince Royal early

in August, at about the time when Napoleon issued his first orders to

Bernadotte. The Prince could only refuse with indignation Jackson’s

demand, and sent orders to Copenhagen to prepare for attack. He was in

the situation of Barron on the “Chesapeake.” Copenhagen had hardly a

gun in position, and no troops to use in defence.

The British demand was in itself insulting enough, but Jackson’s way

of presenting it was said to have been peculiarly offensive, and

London soon rang with stories of his behavior to the unfortunate

Prince Royal.[43] Even the King of England seemed to think that his

agent needed rebuke. Lord Eldon, who was one of the advisers and

most strenuous supporters of the attack on Copenhagen,--although he

said in private that the story made his heart ache and his blood run

cold,--used to relate,[44] on the authority of old King George himself,

that when Jackson was presented at Court on his return from Copenhagen

the King abruptly asked him, “Was the Prince Royal upstairs or down,

when he received you?” “He was on the ground floor,” replied Jackson.

“I am glad of it! I am glad of it!” rejoined the old King; “for if he

had half the spirit of his uncle George III., he would infallibly have

kicked you downstairs.” The Prince did not kick Mr. Jackson, though the

world believed he had reason to do so, but he declined to accept the

British envoy’s remark that in war the weak must submit to the strong;

and Lord Gambier landed twenty thousand men, established batteries, and

for three days and nights, from September 1 to September 5, bombarded

Copenhagen. The city was neither invested nor assaulted nor intended

to be occupied; it was merely destroyed, little by little,--as a

bandit would cut off first an ear, then the nose, then a finger of

his victim, to hasten payment of a ransom. At the end of the third

day’s bombardment, when at last the Danish ships were delivered, the

bodies of near two thousand non-combatants lay buried in the smoking

ruins of about one half the city. At the same time all the Danish

merchant-vessels in English waters, with their cargoes, to the value

of ten million dollars, were seized and confiscated; while the Danish

factory in Bengal was, without warning, swept into England’s pouch.

At the news of the awful tragedy at Copenhagen, Europe, gorged as

for fifteen years she had been with varied horrors, shuddered from

St. Petersburg to Cadiz. A long wail of pity and despair rose on the

Continent, was echoed back from America, and found noble expression

in the British Parliament. The attack upon the “Chesapeake” was a

caress of affection compared with this bloody and brutal deed. As in

1804 Bonaparte--then only First Consul, but about to make himself a

bastard Emperor--flung before the feet of Europe the bloody corpse of

the Duc d’Enghien, so George Canning in 1807, about to meet Bonaparte

on his own field with his own weapons, called the world to gaze at his

handiwork in Copenhagen; and the world then contained but a single

nation to which the fate of Copenhagen spoke in accents of direct and

instant menace. The annihilation of Denmark left America almost the

only neutral, as she had long been the only Republican State. In both

characters her offences against Canning and Perceval, Castlereagh and

Eldon, had been more serious than those of Denmark, and had roused

to exasperation the temper of England. A single ship of the line,

supported by one or two frigates, could without a moment’s notice

repeat at New York the tragedy which had required a vast armament at

Copenhagen; and the assault on the “Chesapeake” had given warning of

what the British navy stood ready to do. Other emphatic omens were not

wanting.

About July 27--the day after Lord Gambier’s fleet sailed from the

Downs, and the day when Monroe first saw in the newspapers an account

of the “Leopard’s” attack on the “Chesapeake”--the American minister

might have read a report made by a committee of the House of Commons

on the commercial state of the West Indian Islands. The main evil,

said the committee,[45] was the very unfavorable state of the foreign

market, in which the British merchant formerly enjoyed nearly a

monopoly. “The result of all their inquiries on this most important

part of the subject has brought before their eyes one grand and primary

evil from which all the others are easily to be deduced; namely, the

facility of intercourse between the hostile colonies and Europe under

the American neutral flag, by means of which not only the whole of

their produce is carried to a market, but at charges little exceeding

those of peace, while the British planter is burdened with all the

inconvenience, risk, and expense resulting from a state of war.” To

correct this evil, a blockade of the enemies’ colonies had been

suggested; “and such a measure, if it could be strictly enforced,

would undoubtedly afford relief to our export trade. But a measure

of more permanent and certain advantage would be the enforcement of

those restrictions on the trade between neutrals and the enemies’

colonies which were formerly maintained by Great Britain, and from the

relaxation of which the enemies’ colonies obtain indirectly, during

war, all the advantages of peace.”

In its way this West Indian Report was stamped with the same Napoleonic

character as the bombardment of Copenhagen or the assault on the

“Chesapeake;” in a parliamentary manner it admitted that England,

with all her navy, could not enforce a blockade by lawful means, and

therefore it had become “a matter of evident and imperious necessity”

that she should turn pirate. The true sense of the recommendation

was neither doubted nor disputed in England, except as matter of

parliamentary form. That the attempt to cut off the supply of French

and Spanish sugar from Europe, either by proclaiming a paper blockade

or the Rule of 1756, might result in war with the United States was

conceded, and no one in private denied that America in such a case

had just cause for war. The evidence upon which the Report founded

its conclusion largely dealt with the probable effect on the colonies

of a war with the United States; and the Report itself, in language

only so far veiled as to be decent, intimated that although war would

be essentially detrimental to the islands it would not be fatal, and

would be better than their actual condition. The excuse for what every

reasonable Englishman frankly avowed to be “a system of piracy,”[46]

was that the West Indian colonies must perish without it, and England

must share their fate. In vain did less terrified men, like Alexander

Baring or William Spence, preach patience, explaining that the true

difficulty with the West Indies was an overproduction of sugar, with

which the Americans had nothing to do.

“To charge the distresses of the West Indian planters upon the

American carriers,” said Spence,[47] “is almost as absurd as it would

be for the assassin to lay the blame of murder upon the arsenic which

he had purposely placed in the sugar-dish of his friend.”

Thus Parliament, Ministry, navy, colonies, the shipping and the landed

interest of England had wrought public opinion to the point of war with

the United States at the moment when Lord Gambier bombarded Copenhagen

and the “Leopard” fired into the “Chesapeake.” The tornado of prejudice

and purposeless rage which broke into expression on the announcement

that a British frigate had fired into an American, surpassed all

experience. The English newspapers for the year that followed the

“Chesapeake” affair seemed irrational, the drunkenness of power

incredible. The Americans, according to the “Morning Post” of Jan. 14,

1808, “possess all the vices of their Indian neighbors without their

virtues;” and two days afterward the same newspaper--which gave tone to

the country press--declared that England was irresistible: “Our vigor

and energy have just reached that sublime pitch from which their weight

must crush all opposition.”

No one could say for how much of this extravagance Canning was directly

responsible; but the tone of the press was certainly an echo of the

tone he had so long taken, and which he stimulated. That he was really

so reckless as he seemed need not be imagined; although eighteen months

afterward, Lord Grenville with the utmost emphasis said in the House of

Lords,[48] “I do firmly believe that it is the object of his Majesty’s

ministers to do everything in their power to force America into

hostility with this country.” Lord Grenville occasionally exaggerated,

and he was probably mistaken in this instance; but he found it possible

to believe ministers capable of acting with the motive he charged on

them. In truth he had strong ground for the opinion he held, which was

by no means peculiar to him. As early as July 27, 1807, the “Morning

Chronicle,” in announcing the first news of the “Chesapeake” affair,

added:--

“We trust it is of a nature to be adjusted without that most ruinous

of all follies yet left us to be guilty of,--an American war. We have

rather more fear than hope however on the subject, when we reflect

that the present ministers are of those who consider an American war

as rather desirable.”

Within a short time the “Morning Post” avowed and proclaimed, in

articles evidently inspired by Government, the wish for war with

America:[49]--

“A war of a very few months, without creating to us the expense of a

single additional ship, would be sufficient to convince her of her

folly by a necessary chastisement of her insolence and audacity.”

In January, 1808, the same newspaper spoke even more plainly:[50]--

“For us, we have always been of the opinion that in the present temper

of the American government no relations of amity can be maintained

with that nation unless at the expense of our dearest rights and most

essential interests.”

Perhaps this tone was taken partly with the idea of terrifying the

Americans into obedience; but beyond question a strong party leaned to

violence. Monroe, who had the best means of knowing, felt no doubts on

this point, and warned the President of the danger to the United States.

“There has been,” he wrote Aug. 4, 1807,[51] “at all times since the

commencement of the present war, a strong party here for extending its

ravages to them. This party is composed of the shipowners, the navy,

the East and West India merchants, and certain political characters

of great consideration in the State. So powerful is this combination

that it is most certain that nothing can be obtained of the government

on any point but what may be extorted by necessity.”

Insane as such a policy might seem, Lord Grenville’s charge against

ministers had solid ground.

Special interests were commonly blind to the general good. That the

navy, the mercantile marine, and the colonies should have favored war

with America was not surprising; but that the mania should have seized

upon the English nation at large was a phenomenon to be explained

only by general causes. The true explanation was not far to seek; the

secret, if secret it could be called, was the inevitable result of

Jefferson’s passion for peace,--social and political contempt. This

feeling was unbounded, pervading all parties and all classes, and

finding expression in the most gross as in the simplest and least

intentional forms.

“Hatred of America,” said one of the numerous British pamphleteers of

the time,[52] “seems a prevailing sentiment in this country. Whether

it be that they have no crown and nobility, and are on this account

not quite a _genteel_ Power; or that their manners are less polished

than our own; or that we grudge their independence, and hanker after

our old monopoly of their trade; or that they closely resemble us

in language, character, and laws; or finally, that it is more our

interest to live well with them than with any other nation in the

world,--the fact is undeniable that the bulk of the people would fain

be at war with them.”

The Somersetshire squire and the chancery barrister in Westminster

Hall--the extremes of national obtuseness and professional

keenness--agreed in despising America. The pompous Lord Sidmouth, the

tedious Lord Sheffield, the vivacious Canning, the religious Perceval,

and the merry-andrew Cobbett--whose genius was peculiar in thinking

itself popular--joined hands in spreading libels against a people

three thousand miles away, who according to their own theory were too

contemptible to be dangerous. Except a few Whig noblemen, a number of

Yorkshire and Lancashire manufacturers and a great mass of the laboring

people, or American merchants like the Barings, and one or two Scotch

Liberals who wrote in the “Edinburgh Review,” the English public had

but one voice against Americans. Young Henry Brougham, not yet thirty

years old, whose restless mind persistently asked questions which

parsons and squires thought absurd or impious, speculated much upon

the causes of this prejudice. Was it because the New York dinners were

less elegant than those of London, or because the Yankees talked with

an accent, or because their manners were vulgar? No doubt a prejudice

might seize on any justification, however small; but a prejudice

so general and so deep became respectable, and needed a correct

explanation. The British nation was sometimes slow-witted, and often

narrow-minded, but was not insane.

For a thousand years every step in the progress of England had been

gained by sheer force of hand and will. In the struggle for existence

the English people, favored by situation, had grown into a new human

type,--which might be brutal, but was not weak; which had little

regard for theory, but an immense and just respect for facts. America

considered herself to be a serious fact, and expected England to take

her at her own estimate of her own value; but this was more than could

reasonably be asked. England required America to prove by acts what

virtue existed in her conduct or character which should exempt her

from the common lot of humanity, or should entitle her to escape the

tests of manhood,--the trials, miseries, and martyrdoms through which

the character of mankind had thus far in human history taken, for good

or bad, its vigorous development. England had never learned to strike

soft in battle. She expected her antagonists to fight; and if they

would not fight, she took them to be cowardly or mean. Jefferson and

his government had shown over and over again that no provocation would

make them fight; and from the moment that this attitude was understood,

America became fair prey. Jefferson had chosen his own methods of

attack and defence; but he could not require England or France to

respect them before they had been tried.

Contempt for America was founded on belief in American cowardice; but

beneath the disdain lurked an uneasy doubt which gave to contempt the

virulence of fear. The English nation, and especially the aristocracy,

believed that America was biding her time; that she expected to become

a giant; and that if she succeeded, she would use her strength as

every other giant in the world’s history had done before her. The

navy foresaw a day when American fleets might cover the ocean. The

merchant dreaded competition with Yankee shrewdness, for he well knew

the antiquated processes, the time-honored percentages, the gross

absurdities of English trade, the abuses of the custom-house, the

clumsiness and extravagance of government. The shipowners had even

more cause for alarm. Already the American ship was far in advance of

the British model,--a swifter and more economical sailer, more heavily

sparred and more daringly handled. In peace competition had become

difficult, until the British ship-owner cried for war; yet he already

felt, without acknowledging it even to himself, that in war he was

likely to enjoy little profit or pleasure on the day when the long,

low, black hull of the Yankee privateer, with her tapering, bending

spars, her long-range gun, and her sharp-faced captain, should appear

on the western horizon, and suddenly, at sight of the heavy lumbering

British merchantman, should fling out her white wings of canvas and fly

down on her prey.

Contempt, mingled with vague alarm, was at the bottom of England’s

conduct toward America; and whatever the swarm of newspaper statesmen

might say or think, the element of alarm was so great that the Tory

ministers, although they might expect war, did not want it, and hoped

to prevent it by the very boldness of their policy. Even Canning was

cautious enough to prefer not to give America occasion for learning her

strength. He meant to clip her wings only so far as she would submit to

have her wings clipped; and he not only astonished but disgusted the

over-zealous politicians who applauded Admiral Berkeley, by disavowing

the admiral’s doctrines of international law and recalling the admiral

himself. The war faction broke into a paroxysm of rage[53] when this

decision became known, and for a time Canning seemed likely to be

devoured by his own hounds, so vociferous was their outcry. Monroe and

Pinkney were loud in praise of Canning’s and Perceval’s temperate and

candid behavior.[54]

Canning was obliged to defend himself, and under his promptings a

long reply to his critics was written for the “Morning Post,”[55]--a

newspaper version of the instructions carried by his special minister

to Washington. He excused his treatment of Admiral Berkeley on the

ground that lawyers recognized no right of search in national ships.

The excuse was evidently feeble. The law, or at least the lawyers,

of England had hitherto justified every act which the government had

chosen to commit,--the seizure of the Spanish treasure-ships in 1804,

accompanied by the unnecessary destruction of hundreds of lives; the

secret seizure of the larger part of American commerce in 1805, by

collusion with the Admiralty judges; the paper blockade of Charles

James Fox in 1806; the Order in Council of January, 1807, by which

Lord Howick cut off another main branch of neutral commerce with which

England had no legal right to interfere; finally, the lawyers justified

the bombardment of Copenhagen as an act of necessary defence, and were

about to justify a general control of all neutral commerce as an act of

retaliation. To suppose that law so elastic, or lawyers with minds so

fertile, could discover no warrant for Berkeley’s act was preposterous.

To neutral commerce England had no legal right; yet she took it, and

her lawyers invented a title. To her citizens and seamen she actually

had a legal right, recognized by every court in Christendom; and if

after a fair demand on the neutral government she found that her right

could be satisfied only by violating neutral jurisdiction, the lawyers,

in view of all their other decisions, must hold that such violation

was a matter of expediency and not of law. Canning’s critics in reply

to his assertion that the lawyers would recognize no right of search

in national ships, could fairly say that he was alone to blame,--he

should have ordered them to find it. George Canning could not seriously

propose to sacrifice a vital English interest in obedience to the

scrupulous legal morality of Spencer Perceval, Lord Eldon, Sir William

Scott, and Sir Vicary Gibbs.

In truth, Canning had reasons more forcible. With a character not

unlike that which Dryden ascribed to Lord Shaftesbury, he was pleased

with the danger when the waves ran high; and if he steered too near

the shoals in order to prove his wit, he did not wish to run the

vessel ashore. He disavowed Admiral Berkeley, not because the lawyers

were unable to prove whatever the government required, but because

the right of searching foreign ships-of-war was not worth asserting,

and would cost more than it could ever bring in return. Besides this

obvious reason, he was guided by another motive which would alone have

turned the scale. Perceval had invented a scheme for regulating neutral

commerce. This measure had begun to take a character so stern that

even its author expected it to produce war with the United States; and

if war could be avoided at all, it could be avoided only by following

Erskine’s advice, and by sending to America, before the new Orders in

Council, an apology for the attack on the “Chesapeake.”

FOOTNOTES:

[36] Peter Plymley’s Letters, ix.

[37] Peter Plymley’s Letters, i.

[38] Malmesbury’s Diary, iv. 376.

[39] Canning to Boringdon, Nov. 19, 1799; Stapleton’s Canning, p. 43.

[40] Correspondance, xv. 467.

[41] Napoleon to Berthier, Aug. 17, 1807; Correspondance, xv. 504.

[42] Malmesbury’s Diary, iv. 392.

[43] Morning Chronicle, Oct. 7, 1807.

[44] Campbell’s Lord Chancellors, ix. 288, _n._

[45] Cobbett’s Debates, ix., Appendix lxxx.; Atcheson’s American

Encroachments, Appendix No. viii. 114.

[46] The Radical Cause, etc., by William Spence, 1808, p. 43.

[47] The Radical Cause, etc., by William Spence, 1808, p. 19.

[48] Cobbett’s Debates (Feb. 17, 1809), xii. 776.

[49] The Morning Post, Nov. 12, 1807.

[50] The Morning Post, Jan. 13, 1808.

[51] Monroe to Madison, Aug. 4, 1807; State Papers, iii. 186.

[52] Orders in Council; or, An Examination of the Justice, Legality,

and Policy of the New System, etc. (London, 1808), p. 61.

[53] Brougham to Lord Howick, Nov. 7, 1807; Brougham’s Memoirs, i. 386.

[54] Brougham to Lord Howick, Nov. 7, 1807; Brougham’s Memoirs, i. 383.

[55] The Morning Post, Oct. 23, 1807.

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