CHAPTER VII.

Such was the situation October 26, when Congress assembled in obedience

to the President’s call. An unusually large number of members

attended on the opening day, when for the first time the House was

installed in a chamber of its own. After seven years of residence at

Washington, the government had so far completed the south wing of the

Capitol as to open it for use. A covered way of rough boards still

connected the Senate Chamber in the north wing with the Chamber of

Representatives in the southern extension of the building, and no one

could foresee the time when the central structure, with its intended

dome, would be finished; but the new chamber gave proof that the task

was not hopeless. With extraordinary agreement every one admitted

that Jefferson’s and Latrobe’s combined genius had resulted in the

construction of a room equal to any in the world for beauty and size.

The oval hall, with its girdle of fluted sandstone columns draped

with crimson curtains, its painted ceiling, with alternate squares of

glass, produced an effect of magnificence which was long remembered.

Unfortunately, this splendor had drawbacks. Many and bitter were

Randolph’s complaints of the echoes and acoustic defects which marred

the usefulness of the chamber.

That Randolph should feel no love for it was natural. The first

scene it witnessed was that of his overthrow. Macon, who for six

years had filled the chair, retired without a contest, dragged down

by Randolph’s weight; and of the one hundred and seventeen members

present, fifty-nine, a bare majority, elected Joseph Bradley Varnum

of Massachusetts their Speaker; while the minority of fifty-eight

scattered their votes among half-a-dozen candidates. Varnum, ignoring

Randolph, appointed George Washington Campbell of Tennessee chairman of

the Ways and Means Committee. Troublesome as the Virginia leader had

been, he was still the only member competent to control the House, and

his fall was greatly regretted by at least one member of the Cabinet.

“Varnum has, much against my wishes, removed Randolph from the Ways

and Means, and appointed Campbell of Tennessee,” wrote Gallatin.[117]

“It was improper as related to the public business, and will give me

additional labor.”

October 27 the President’s Message was read.

“The love of peace,” it began, “so much cherished in the bosoms of our

citizens, which has so long guided the proceedings of their public

councils and induced forbearance under so many wrongs, may not insure

our continuance in the quiet pursuits of industry.”

An account of Monroe’s negotiation and treaty followed this threatening

preamble; and the warmest friends of Monroe and Pinkney could hardly

find fault with the President’s gentle comments on their conduct.

“After long and fruitless endeavors to effect the purposes of their

mission, and to obtain arrangements within the limits of their

instructions, they concluded to sign such as could be obtained, and

to send them for consideration; candidly declaring to their other

negotiators, at the same time, that they were acting against their

instructions, and that their Government, therefore, could not be

pledged for ratification.”

The provisions of the proposed treaty proved to be, in certain points,

“too highly disadvantageous,” and the minister had been instructed to

renew negotiation. The attack on the “Chesapeake” followed, aggravated

by the defiant conduct of the British commanders at Norfolk. Lord

Howick’s Order in Council had swept away by seizures and condemnations

the American trade in the Mediterranean. Spain, too, had issued a

decree in conformity with Napoleon’s decree of Berlin. Of France alone

no complaint was made, and the President could even say that commerce

and friendly intercourse had been maintained with her on their usual

footing. He had not yet heard of the seizures made two months before,

by Napoleon’s order, in the ports of Holland.

In the face of these alarming events, it had been thought better to

concentrate all defensive resources on New York, Charleston, and New

Orleans; to purchase such military stores as were wanted in excess

of the supply on hand; to call all the gunboats into service, and to

warn the States to be ready with their quotas of militia. “Whether a

regular army is to be raised, and to what extent, must depend on the

information so shortly expected.”

If this language had the meaning which in other times and countries

would have been taken for granted, it implied a resort to measures of

force against foreign aggressions; yet neither the President nor his

party intended the use of force, except for self-defence in case of

actual invasion. The Message was, in reality, silent in regard to peace

and war. The time had not yet come for avowing a policy; but even had

the crisis been actually at hand, Jefferson would not have assumed the

responsibility of pointing out a policy to Congress. The influence he

exerted could rarely be seen in his official and public language; it

took shape in private, in the incessant talk that went on, without

witnesses, at the White House.

More pointed than the allusion to England was the menace to

Chief-Justice Marshall. The threat against the court, which the

President made in the summer, reappeared in the Message as a distinct

invitation to Congress.

“I shall think it my duty to lay before you the proceedings and the

evidence publicly exhibited on the arraignment of the principal

offenders before the Circuit Court of Virginia. You will be enabled

to judge whether the defect was in the testimony or in the law, or in

the administration of the law; and wherever it shall be found, the

Legislature alone can apply or originate the remedy. The framers of

our Constitution certainly supposed they had guarded as well their

government against destruction by treason, as their citizens against

oppression under pretence of it; and if these ends are not attained,

it is important to inquire by what means more effectual they may be

secured.”

This strong hint was quickly followed up. Burr’s trial at Richmond had

hardly closed when the President sent this Message to Congress; and

within another month, November 23, another Message was sent, conveying

a copy of the evidence and judicial opinions given at the trial, on

which Congressional action might be taken.

So far as concerned foreign relations, no one could say with certainty

whether the Annual Message leaned toward war or toward peace; but

Gallatin’s Report, which followed November 5, could be understood only

as an argument to show that if war was to be made at all, it should be

made at once. The Treasury had a balance of seven or eight millions in

specie; the national credit was intact; taxes were not yet reduced;

the Bank was still in active existence; various incidental resources

were within reach; the first year of war would require neither increase

of debt nor of taxation, and for subsequent years loans, founded on

increased customs duties, would suffice. Calmly and easily Gallatin

yielded to the impulse of the time, and dropping the objects for

which--as he said--he had been brought into office, took up again the

heavy load of taxation and debt which his life had been devoted to

lightening. No one could have supposed, from his language in 1807, that

within only ten years he and his party had regarded debt as fatal to

freedom and virtue.

“An addition to the debt is doubtless an evil,” he informed Congress;

“but experience having now shown with what rapid progress the revenue

of the Union increases in time of peace, with what facility the debt

formerly contracted has in a few years been reduced, a hope may

confidently be entertained that all the evils of the war will be

temporary and easily repaired, and that the return of peace will,

without any effort, afford ample resources for reimbursing whatever

may have been borrowed during the war.”

If Gallatin was so willing to abandon his dogma, the Federalists might

at least be forgiven for asking why he had taken it up. For what

practical object had he left the country helpless and defenceless for

six years in order to pay off in driblets the capital of a petty debt

which, within much less than a century, could be paid in full from

the surplus of a single year? The success of his policy depended on

the correctness of Jefferson’s doctrine, that foreign nations could

be coerced by peaceable means into respect for neutral rights; but

Gallatin seemed to have already abandoned the theory of peaceable

coercion before it had been tried.

The same conflict of ideas was felt in Congress, which had nothing to

do but to wait for news from Europe that did not arrive. The month of

November was passed in purposeless debate. That the time had come when

some policy must be adopted for defending the coasts and frontiers was

conceded, but no policy could be contrived which satisfied at once

the economical and the military wants of the country. In this chaos

of opinions, Jefferson alone held fixed theories; and as usual his

opinions prevailed. He preferred gunboats to other forms of armament,

and he had his way.

The Cabinet had not adopted the gunboat policy without protest. When

in the preceding month of February the President sent to Congress

his Message recommending that two hundred gunboats should be built,

at a cost, as Gallatin thought, of a million dollars, the secretary

remonstrated. In his opinion not one third that number were needed

in peace, while in case of war any required number could be built

within thirty days. “Exclusively of the first expense of building

and the interest of the capital thus laid out, I apprehend that,

notwithstanding the care which may be taken, they will infallibly

decay in a given number of years, and will be a perpetual bill of

costs for repairs and maintenance.”[118] The President overruled these

objections, affirming that the necessary gunboats could not be built

even in six months; that after the beginning of a war they could not

be built in the seaports, “because they would be destroyed by the enemy

on the stocks;” and the first act of the enemy “would be to sweep

all our seaports of their vessels at least;” finally, the expense of

building and preserving them would be trifling.[119] Gallatin did not

persist in the argument. Jefferson was determined to have gunboats, and

gunboats were built.

The “Chesapeake” disaster riveted the gunboat policy on the

government. Nearly every one, except the Federalists, agreed in

Randolph’s unwillingness to vote money for the support of a “degraded

and disgraced navy.”[120] Robert Smith made no apparent attempt to

counteract this prejudice; he sacrificed the frigates for gunboats.

October 22, 1807, at a full Cabinet meeting, according to Jefferson’s

memoranda, the following order was taken in regard to the frigates, in

view of war with England:[121]--

“The ‘Constitution’ is to remain at Boston, having her men discharged;

the ‘Wasp’ is to come to New York; the ‘Chesapeake’ to remain at

Norfolk; and the sending the ‘United States’ frigate to New York is

reserved for further consideration, inquiring in the mean time how

early she could be ready to go. It is considered that in case of war

these frigates would serve as receptacles for enlisting seamen, to

fill the gunboats occasionally.”

A government which could imagine no other use for its frigates than as

receiving ships for gunboats in time of war naturally cared to build

none. When Congress took up the subject of naval defence, gunboats

alone were suggested by the department. November 8 Robert Smith wrote

to Dr. Mitchill, chairman of the Senate Committee on defences, a

letter asking for eight hundred and fifty thousand dollars to build

one hundred and eighty-eight more gunboats in order to raise the

whole number to two hundred and fifty-seven.[122] A bill was at once

introduced, passed the Senate without a division, and went to the

House, where the Federalists sharply assailed it. Randolph ridiculed

the idea of expelling by such means even so small a squadron as that

which at Lynnhaven Bay had all summer defied the power of the United

States. Josiah Quincy declared that except for rivers and shallow

waters these gunboats were a danger rather than a defence; and that at

all times and places they were uncomfortable, unpopular in the service,

and dangerous to handle and to fight. Imprisonment for weeks, months,

or years in a ship of the line was no small hardship, but service

in a coop not wide enough to lie straight in, with the certainty of

oversetting or running ashore or being sunk, in case of bad weather or

hostile attack, was a duty intolerable to good seamen and fatal to the

navy.

All this and much more was true. Fulton’s steamer, the “Clermont,”

with a single gun would have been more effective for harbor defence

than all the gunboats in the service, and if supplemented by Fulton’s

torpedoes would have protected New York from any line-of-battle ship;

but President Jefferson, lover of science and of paradox as he was,

suggested no such experiment. By the enormous majority of 111 to 19,

the House, December 11, passed the bill for additional gunboats. A

million dollars were voted for fortifications. In all, an appropriation

of one million eight hundred and fifty thousand dollars for defences

was the work accomplished by Congress between October 26 and December

18, 1807. In face of a probable war with England, such action was

equivalent to inaction; and in this sense the public accepted it.

While Congress wrangled about systems of defence almost equally

inefficient,--gunboats and frigates, militia and volunteers, muskets,

movable batteries, and fixed fortifications,--the country listened with

drawn breath for news from England. Time dragged on, but still the

“Revenge” did not return. About the end of November, despatches[123]

dated October 10 arrived from Monroe, announcing that Canning refused

to couple the “Chesapeake” affair with the impressment of merchant

seamen; that he was about to send a special envoy to Washington with

the exclusive object of settling the “Chesapeake” affair; that Monroe

had taken his final audience of King George, and that William Pinkney

was henceforward sole minister of the United States in London. Of the

treaty not a hope seemed to exist. Monroe’s return was ominous of

failure.

Erskine, uneasy at hearing these reports, hastened to the White

House, and without delay reported Jefferson’s conversation to his

Government:[124]--

“I found from my interview with the President that he was much

disappointed at the result of the discussions which had taken

place, and, as he expressed himself, greatly alarmed by some of the

passages in your letters that a satisfactory redress of the injuries

complained of was not likely to be afforded to the United States. He

informed me that the reasons which had induced him to instruct the

American ministers to endeavor to obtain some arrangement upon the

point of impressment of British seamen out of American ships, at the

same time that a reparation for the attack on the ‘Chesapeake’ by

his Majesty’s ship ‘Leopard’ was demanded, were that he conceived

that if a satisfactory security against the injuries arising to

the United States from such impressments could have been obtained,

a redress for the attack upon their national ship would have been

much easier settled; but that if the point of honor was to be taken

into consideration by itself, he foresaw greater difficulties in

the way of an amicable adjustment of it.... The President further

observed, however, that although he feared the separating the two

subjects would increase the difficulty of the negotiation, and that he

considered the determination of his Majesty’s government to postpone

the consideration of the point of impressment--which he said was

the most serious ground of difference--as an unfavorable symptom of

their ultimate intentions upon that subject, yet that he certainly

would not refuse upon the ground of form only that the affair of the

‘Chesapeake’ should be first concluded; but expressed a hope that the

minister who should be sent to this country to settle that subject

of complaint should also be invested by his Majesty with powers to

negotiate upon the point of impressment.”

The sanguine temperament which challenged a duel accorded ill with

the afterthought which shrank from it. Voluntarily, coolly, with

mature reflection, Jefferson had invited Canning’s blow; and when

Canning struck, Jefferson recoiled. Monroe might well claim that such

conditions as were imposed on him should never have been made, or

should never have been withdrawn; that at moments of violent irritation

no nation could afford to tease another with demands not meant to be

enforced.

To increase the President’s embarrassment, the Secretary of War

Dearborn made a natural mistake. The original instructions to

Monroe, decided in Cabinet meeting July 2,[125] did not connect the

“Chesapeake” outrage with impressments of merchant seamen. Neither

July 4 nor July 5, when full Cabinet meetings were held, did the

subject come up.[126] The final instructions, dated July 6, changed

the original demand by extending the required redress over all cases

of impressment; but meanwhile General Dearborn had left Washington for

New York, and was not told of the change.[127] So it happened that when

in October the Federalist newspapers began to attack Jefferson, on the

authority of the English press, for coupling the subject of general

impressment with the attack on the “Chesapeake,” Dearborn, who chanced

to be in Massachusetts, denied the charge; and on his authority the

Republican newspapers asserted that the alleged instructions had not

been given. This denial created no little confusion among Republicans,

who could not understand why the instructions had been changed, or on

what ground the Administration meant to defend them.

In truth, the change had been an afterthought, founded on the idea that

as abandonment of impressments was a _sine qua non_ in the commercial

negotiation, and a point on which the Government meant inflexibly

to insist, it should properly be made a _sine qua non_ in this or

any other agreement.[128] This decision had been made in July, with

knowledge that England would rather fight than yield a point so vital

to her supposed interests. In December, on hearing that Canning refused

to yield, the President told Erskine that the _sine qua non_, so

formally adopted, would be abandoned.

That conduct in appearance so vacillating should perplex Jefferson’s

friends and irritate his enemies was natural; but in reality nothing

vacillating was in the President’s mind. These negotiations were but

outpost skirmishes, and covered his steady retreat to the fortress

which he believed to be impregnable. He meant to coerce Canning, but

his method of coercion needed neither armies nor negotiators. While

telling Erskine that the _sine qua non_ should not prevent a settlement

of the “Chesapeake” affair, he set in motion the first of the series

of measures which were intended to teach England to respect American

rights.

December 14, against strong remonstrances from the merchants, the

Non-importation Act of April 18, 1806, went into effect. The exact

amount of British trade affected by that measure was not known.

All articles of leather, silk, hemp, glass, silver, paper, woollen

hosiery, ready-made clothing, millinery, malt liquors, pictures,

prints, playing-cards, and so forth, if of English manufacture, were

henceforward prohibited; and any person who had them in his possession

incurred forfeiture and fine. The measure was in its nature coercive.

The debates in Congress showed that no other object than that of

coercion was in the mind of the American government; the history of the

Republican party and the consistent language of Jefferson, Madison,

and the Virginian school proclaimed that the policy of prohibition was

their substitute for war. England was to be punished, by an annual fine

of several million dollars, for interference with American trade to

the continent of Europe.

Two days after this law went into effect Madison received from the

British government a document which threw the Non-importation Act

into the background, and made necessary some measure more energetic.

The King’s proclamation of October 17, requiring all British naval

officers to exercise the right of impressment to its full extent over

neutral merchant-vessels, was printed in the “National Intelligencer”

of December 17; and if Sir William Scott’s decision in the case of

the “Essex” required the Non-importation Act as its counterpoise, the

Impressment Proclamation could be fairly balanced only by a total

cessation of relations.

In rapid succession the ships which had sailed a month before from

Europe arrived in American harbors, after unusually quick voyages.

Monroe, in the “Augustus,” reached Norfolk December 13; the “Edward”

arrived at Boston December 12; the “Brutus” got in at New York December

14, preceded December 12 by the “Revenge.” All these ships brought news

to the same effect. Armstrong’s despatches by the “Revenge” announced

Napoleon’s enforcement of the Berlin Decree. London newspapers of

November 12 agreed in predicting some immediate and sweeping attack

by the British government upon American commerce; and from Pinkney

and Monroe came the official papers which put an end to all hope

of a commercial treaty with England. Private letters bore out the

worst public rumors. Among other persons who were best informed as

to the intentions of the British government was Senator Pickering

of Massachusetts, whose nephew Samuel Williams had been removed by

Jefferson from the London consulate, and remained in that city as an

American merchant, in connection with his brother Timothy Williams

of Boston. December 12 Timothy Williams in Boston wrote to his uncle

Senator Pickering at Washington,[129]--

“My brother writes me on the 9th of November ‘that he was informed

the Government would in a few days declare Cuba, Martinique, and

Guadeloupe in a state of blockade, and restrict still more the trade

of neutrals with the Continent.’ The British no doubt had or would

issue an Order above referred to, to counteract our friend Bonaparte’s

decree of Nov. 21, 1806. I cannot however think the intercourse with

the Continent will be entirely cut off. The influence of the West

Indian planters will procure the blockading of the enemy’s islands,

no doubt. What has not this country lost by the miserable policy of

the Administration! Your prudence will know to whom you can or cannot

communicate any of the above paragraphs.”

“With much solicitude respecting the present state of things,” Timothy

Williams concluded this letter of warning; and his anxiety was shared

by every one who read the newspapers which proclaimed the danger of

war. At Washington the alarming news arrived December 17, at the heels

of the Impressment Proclamation. The President instantly called his

Cabinet together. Under less serious circumstances in 1794, Congress

had imposed an embargo for thirty days, forbidding clearances to all

foreign-bound vessels while the question of war or peace was deciding.

By common consent an embargo was the proper measure to be taken in

the face of an expected attack on commerce. On reading the news from

France and England, every one assumed that an embargo would be imposed

until the exact nature of the French and British aggressions should

be learned; but safe precedent required that the law should restrict

its own operation within some reasonable limit of time. An embargo

for thirty or sixty days, or even for three months, might be required

before reaching some decision as to peace or war.

On a loose sheet of letter-paper, which happened to bear the address of

General Mason, the President wrote a hasty draft of an embargo message

to Congress.[130] After referring to Armstrong’s despatch announcing

the Emperor’s decision to enforce the Berlin Decree, Jefferson’s draft

noticed the threatened orders of England:--

“The British regulations had before reduced us to a direct voyage

to a single port of their enemies, and it is now believed they will

interdict all commerce whatever with them. A proclamation, too, of

that Government (not officially, indeed, communicated to us, yet so

given out to the public as to become a rule of action with them)

seems to have shut the door on all negotiation with us, except as to

the single aggression on the ‘Chesapeake.’ The sum of these mutual

enterprises on our national rights is that France and her allies,

reserving for future consideration the prohibiting our carrying

anything to the British territories, have virtually done it by

restraining our bringing a return cargo from them; and Great Britain,

after prohibiting a great proportion of our commerce with France and

her allies, is now believed to have prohibited the whole. The whole

world is thus laid under interdict by these two nations, and our

vessels, their cargoes, and crews are to be taken by the one or the

other for whatever place they may be destined out of our own limits.

If, therefore, on leaving our harbors we are certainly to lose them,

is it not better, as to vessels, cargoes, and seamen, to keep them

at home? This is submitted to the wisdom of Congress, who alone are

competent to provide a remedy.”

Unfortunately, no official document could be produced in proof of the

expected British interdict, and mere newspaper paragraphs could not

be used for the purpose. To avoid this difficulty Madison wrote, in

pencil, another draft which omitted all direct mention of the expected

British order. He proposed to send Congress the official letter in

which the Grand Judge Regnier announced that the Berlin Decree would

be enforced, and with this letter a copy of the British Impressment

Proclamation as printed in the “National Intelligencer.” On these two

documents he founded his draft of a Message:--

“The communications now made showing the great and increasing danger

with which our merchandise, our vessels, and our seamen are threatened

on the high seas and elsewhere by the belligerent Powers of Europe,

and it being of the greatest importance to keep in safety these

essential resources, I deem it my duty to recommend the subject to

the consideration of Congress, who will doubtless perceive all the

advantages which may be expected from an immediate inhibition of the

departure of our vessels from the ports of the United States.”[131]

The Cabinet, every member being present, unanimously concurred in the

recommendation to Congress;[132] but at least one member would have

preferred that the embargo should be limited in time. The Cabinet

meeting was held in the afternoon or evening of December 17, and early

the next morning Gallatin wrote to the President suggesting a slight

change in the proposed measure, and adding a serious warning which

Jefferson would have done well to regard:--

“I also think,” said Gallatin,[133] “that an embargo for a

limited time will at this moment be preferable in itself and less

objectionable in Congress. In every point of view--privations,

sufferings, revenue, effect on the enemy, politics at home, etc.--I

prefer war to a permanent embargo. Governmental prohibitions do always

more mischief than had been calculated; and it is not without much

hesitation that a statesman should hazard to regulate the concerns of

individuals, as if he could do it better than themselves. The measure

being of a doubtful policy, and hastily adopted on the first view

of our foreign intelligence, I think that we had better recommend

it with modifications, and at first for such a limited time as will

afford us all time for reconsideration, and if we think proper, for an

alteration in our course without appearing to retract. As to the hope

that it may have an effect on the negotiation with Mr. Rose, or induce

England to treat us better, I think it entirely groundless.”

To this remarkable letter the President immediately replied by

summoning the Cabinet together at ten o’clock in the morning.[134] No

record of the consultation was preserved; but when the Senate met at

noon the Message was read by the Vice-president as it had been shaped

by Madison. The suggestion of Gallatin as to a limit of time had not

been adopted.

The Senate instantly referred the Message to a committee of five, with

General Smith and J. Q. Adams at its head:--

“We immediately went into the committee-room,” recorded Senator Adams

in his Diary,[135] “and after some discussion, in which I suggested

very strong doubts as to the propriety of the measure upon the papers

sent with the President’s Message, I finally acquiesced in it as a

compliance with the special call for it in the Message. I inquired

whether there were other reasons for it besides the diplomatic papers

sent with the Message, as _they_ appeared to me utterly inadequate to

warrant such a measure. Smith, the chairman, said that the President

wanted it to aid him in the negotiation with England upon which Mr.

Rose is coming out, and that perhaps it might enable us to get rid of

the Non-importation Act. I yielded. But I believe there are yet other

reasons, which Smith did not tell. There was no other opposition in

committee.”

Senator Adams was right in believing that other reasons existed; but

although the “National Intelligencer” of the same morning had published

the warnings of British newspapers,--doubtless in order to affect the

action of Congress,--no one of the Republican senators seemed to rely

on the expected British order as the cause of the embargo. In foreign

affairs Jefferson maintained the reserve of a European monarch. He

alone knew what had been done or was doing, and on him rested the

whole responsibility of action. The deference paid by the Senate to

the Executive in matters of foreign policy seemed patriotic, but it

proved fatal to one senator at least, whose colleague had grievances

to revenge. When the committee, after a short deliberation, reported

an Embargo Bill, and some of the senators appealed for delay, Adams,

who was chafing under the delays which had already lowered the

self-respect of Government and people, broke into a strenuous appeal

for energy. “The President has recommended the measure on his high

responsibility. I would not consider, I would not deliberate; I would

act!” The words were spoken in secret session, but Senator Pickering

noted them for future use.[136] Among the antipathies and humors of

New-England politics none was more characteristic than this personal

antagonism, beginning a new conspiracy which was to shake the Union to

its foundations.

The Senate agreed with the committee that if an embargo was to be

laid it should be laid promptly; and the bill, probably drawn by

the President, passed through its three stages on the same day, by

a vote of twenty-two to six. At the second reading it was strongly

opposed by Hillhouse, Pickering, and Sumter of South Carolina; while

William H. Crawford, the new senator from Georgia, asked only time for

consideration.[137] Within four or five hours after hearing the Message

read, the Senate sent its Embargo Act to the House.

Meanwhile the House also had received the President’s Message, and

had, like the Senate, gone at once into secret session. No sooner was

the Message read than John Randolph and Jacob Crowninshield sprang

at the same moment to their feet. The Speaker recognized Randolph,

who instantly offered a Resolution, “that an embargo be laid on all

shipping, the property of citizens of the United States, now in port,

or which shall hereafter arrive.” After some time passed in discussion,

on receiving the Senate bill the House laid Randolph’s Resolution

aside, and in secret session began a long and warm debate, which

continued all day, and was not concluded on Saturday, December 19, when

the House adjourned over Sunday.

The loss of this debate was unfortunate; for no private citizen ever

knew the reasons which Congress considered sufficient to warrant a

strain of the Constitution so violent as a permanent embargo implied.

The debate was certainly dramatic: it was not only the first great

political crisis witnessed in the new scenery of the Representatives’

Chamber, but it also brought John Randolph forward in an attitude

which astonished even those who had witnessed the Virginian’s growing

eccentricity. On Friday Randolph “scrambled” with Crowninshield for

the floor, eager to force on the House a policy of embargo which he

had again and again recommended as the only proper measure of national

defence. On Saturday he rose again, but only to denounce his own

measure as one that crouched to the insolent mandates of Napoleon, and

led to immediate war with England.[138] The cry of French influence,

raised by him and by the Federalist members, began on that day, and

echoed in louder and louder tones for years.

On Monday, December 21, the debate closed, and the House consumed

the day in voting. Amendment after amendment was rejected. Most

significant of all these votes was the list of yeas and nays on the

question of limiting the embargo to the term of two months. Forty-six

members voted in the affirmative; eighty-two in the negative. The New

England and Pennsylvania Democrats obeyed the wishes of Jefferson, and

riveted a permanent embargo on the people, without public discussion of

the principle or explanation of the effect which was expected from a

measure more trying than war itself to patriotism. The bill then passed

by a vote of eighty-two to forty-four.

So small a part was played in this debate by the expected Order in

Council that members afterward disputed whether the subject was

mentioned at all. Probably the Administration preferred silence in

public, either for fear of prejudicing the expected negotiation with

Rose, or of weakening the effect of arguments which without the order

were sufficiently strong; but in private no such reticence was shown.

The British minister on Monday, before the bill had become law,

notified Canning not only that an embargo was about to be laid, but of

the cause which produced the measure:[139]--

“It has been confidentially communicated to me that an embargo on

all the shipping in the United States has been proposed in Congress,

and although it is strongly resisted, it is expected that it will

be carried, on the ground of expecting that a proclamation by his

Majesty will be issued declaring France and her dependencies in a

state of blockade. I hasten to send you this letter for fear of the

effect of an embargo.”

The person from whom Erskine received this confidential communication

was probably the Secretary of State; for two days afterward, when

the British minister wrote to say that the embargo had been laid, he

added:[140]--

“I propose to send off his Majesty’s packet-boat with this

intelligence immediately, and avail myself of this opportunity by a

private ship to inform you that the embargo is not intended, as this

Government declares, as a measure of hostility against Great Britain,

but only as a precaution against the risk of the capture of their

ships in consequence of the decree of Bonaparte of Nov. 21, 1806,

which they have just learned is to be rigorously enforced; and also

from an apprehension of a retaliatory order by Great Britain.”

Thus the embargo was imposed; and of all President Jefferson’s feats

of political management, this was probably the most dexterous. On his

mere recommendation, without warning, discussion, or publicity, and in

silence as to his true reasons and motives, he succeeded in fixing upon

the country, beyond recall, the experiment of peaceable coercion. His

triumph was almost a marvel; but no one could fail to see its risks.

A free people required to know in advance the motives which actuated

government, and the intended consequences of important laws. Large

masses of intelligent men were slow to forgive what they might call

deception. If Jefferson’s permanent embargo should fail to coerce

Europe, what would the people of America think of the process by which

it had been fastened upon them? What would be said and believed of the

President who had challenged so vast a responsibility?

FOOTNOTES:

[117] Adams’s Gallatin, p. 363.

[118] Gallatin’s Writings, i. 330.

[119] Jefferson to Gallatin, Feb. 9, 1807; Works, v. 42.

[120] Annals of Congress, 1807-1808, p. 823.

[121] Cabinet Memoranda, Oct. 22, 1807; Jefferson MSS.

[122] Robert Smith to S. L. Mitchill, Nov. 8, 1807; Annals of Congress,

1807-1808, p. 32.

[123] Monroe to Madison, Oct. 10, 1807; State Papers, iii. 191.

[124] Erskine to Canning, Dec. 2, 1807; MSS. British Archives.

[125] See p. 31.

[126] Cabinet Memoranda; Jefferson MSS.

[127] Dearborn to Jefferson, Oct. 18, 1807; Jefferson MSS.

[128] R. Smith to Jefferson, July 17, 1807; Jefferson MSS.

[129] T. Williams to T. Pickering, Dec. 12, 1807; Pickering MSS.

[130] Jefferson to Gen. J. Mason; Works, v. 217. Cf. Jefferson to

Madison, July 14, 1824; Works, vii. 373.

[131] Draft of Embargo Message, Jefferson MSS. Cf. Jefferson to

Madison, July 14, 1824; Works, vii. 373.

[132] Jefferson to John G. Jackson, Oct. 13, 1808; Jefferson MSS.

[133] Gallatin to Jefferson, Dec. 18, 1807; Gallatin’s Writings, i. 368.

[134] Jefferson to Gallatin, Dec. 18, 1807; Gallatin’s Writings, i. 369.

[135] Diary of J. Q. Adams, Dec. 18, 1807, i. 491.

[136] Pickering’s Letter to Governor Sullivan, April 22, 1808. Cf.

New-England Federalism, p. 174, n.

[137] Diary of J. Q. Adams, i. 491, 492.

[138] Adams’s Randolph, p. 227.

[139] Erskine to Canning, Dec. 21, 1807; MSS. British Archives.

[140] Erskine to Canning, Dec. 23, 1807; MSS. British Archives.

History of the United States of America, Volume 4 (of 9) · 第 7 / 20 章