CHAPTER IX.

All winter Congress waited for the result of Rose’s negotiation. The

huge majority, without leadership, split by divergent interests, a

mere mob guided from the White House, showed little energy except for

debate, and no genius except for obedience.

The first political effect of the embargo was shown in the increased

virulence of debate. The Act of December 22, passed on the spur of the

moment, was powerless to prevent evasions in the seaports, and left

untouched the trade with Canada and Florida. A supplementary Act was

necessary; but to warrant a law for stopping all commerce by sea and

land, the Government could no longer profess a temporary purpose of

protecting ships, merchandise, and seamen, but must admit the more

or less permanent nature of the embargo, and the policy of using it

as a means of peaceable coercion. The first Supplementary Act passed

Congress as early as January 8, but applied only to coasting and

fishing vessels, which were put under heavy bonds and threatened with

excessive penalties in case of entering a foreign port or trading in

foreign merchandise. Finding that this measure was not effective,

and that neither England nor France showed a sign of relaxing the

so-called system of retaliation, Government was obliged to complete

its restrictions. February 11 the House instructed its Committee

of Commerce to inquire what further legislation was necessary “to

prevent the exportation of goods, wares, and merchandise of foreign

or domestic growth or manufacture to any foreign port or place.” The

committee instantly reported a bill; and as Rose’s negotiation broke

down, February 19 the House went into committee to debate a second

supplementary Embargo Act, which was to stop by land and sea all

commerce with the world.

The next day, February 20, Barent Gardenier of New York, who surpassed

Josiah Quincy in hatred of the Administration, attacked the new bill

in a speech which showed much rough power and more temper. He said

with force that between the original embargo and this Supplementary

Act no connection existed. The one was an embargo, the other was

non-intercourse; and he charged that the original embargo was a

fraud, intended to trick the country into a permanent system of

non-intercourse:--

“The more the original measure develops itself, the more I am

satisfied that my first view of it was correct; that it was a sly,

cunning measure; that its real object was not merely to prevent our

vessels from going out, but to effect a non-intercourse. Are the

nation prepared for this? If you wish to try whether they are, tell

them at once what is your object. Tell them what you mean. Tell them

you mean to take part with the Grand Pacificator. Or else stop your

present course. Do not go on forging chains to fasten us to the car of

the Imperial Conqueror.”

Interrupted by a dozen Republican members who leaped to their feet in

anger, Gardenier for a time returned to his argument and dropped the

assertion of subservience to Napoleon:--

“I ask the intelligent and candid men of this House whether to prevent

the farmers of Vermont from selling their pigs in Canada is calculated

to increase or diminish our essential resources; whether the object

which the President professed to have in view is counteracted by a

traffic of this kind.... I could wish gentlemen would, instead of

bolting at me in the fulness of their rage, endeavor to satisfy my

poor understanding by cool reasoning that they are right; that they

would show me how this measure will prepare us for war; how the

weakening by distressing every part of the country is to increase its

strength and its vigor.”

Had Gardenier stopped there, his argument would have admitted no

answer; but he had the defect of a Federalist temper, and could not

control his tongue.

“Sir, I cannot understand it. I am astonished,--indeed I am astonished

and dismayed. I see effects, but I can trace them to no cause. Yes,

sir, I do fear that there is an unseen hand which is guiding us to the

most dreadful destinies,--unseen because it cannot endure the light.

Darkness and mystery overshadow this House and this whole nation. We

know nothing; we are permitted to know nothing; we sit here as mere

automata; we legislate without knowing--nay, sir, without wishing to

know--why or wherefore. We are told what we are to do, and the Council

of Five Hundred do it. We move, but why or wherefore no man knows. We

are put in motion, but how I for one cannot tell.”

Gardenier was believed to be the author of a letter written during the

secret session, December 19, and published in the “New York Evening

Post,” which began the cry of French influence.[159] His speech of

February 20, insulting to the House, disorderly and seditious, resting

on innuendo but carrying the weight of a positive assertion, outraged

every member of the majority. Even John Randolph had never gone so far

as to charge his opponents with being the willing and conscious tools

of a foreign despot. The House was greatly exasperated, and at the

next session, Monday, February 22, three members--Richard M. Johnson

of Kentucky, George W. Campbell of Tennessee, and John Montgomery of

Maryland--rose successively and declared that Gardenier’s expressions

were a slander, which if not supported by proof made their author an

object of contempt. Gardenier challenged Campbell, and March 2 a duel

took place at Bladensburg. Gardenier was severely wounded, but escaped

with life, while the bitterness of party feeling became more violent

than before.

Yet no member ventured fairly to avow and defend the policy of

non-intercourse as a policy of coercion. Campbell, the leader of the

majority, admitted that the embargo was intended to distress England

and France, but treated it mainly as a measure of defence. No full

and fair discussion of the subject was attempted; and the bill passed

both Houses and was approved by the President March 12, without calling

from the Government a hint in regard to the scope of its policy or

the length of time during which the system of seclusion was to last.

Even Jefferson kept silence upon what was uppermost in his mind, and

defended the embargo on every ground except that which with him, if

with no one else, was strongest. In private he said that the measure

was intended to last until the return of peace in Europe, or as long as

the orders and decrees of England and France should be maintained:--

“Till they return to some sense of moral duty we keep within

ourselves. This gives time. Time may produce peace in Europe; peace

in Europe removes all causes of difference till another European war;

and by that time our debt may be paid, our revenues clear, and our

strength increased.”[160]

With such reasoning the opponents of the embargo were far from pleased.

Nevertheless, Jefferson carried his point, and could for the moment

afford to disregard criticism. His experiment of peaceable coercion

was sure of a trial. His control over Congress seemed absolute. Only

twenty-two members voted against the Supplementary Embargo Act, and in

the Senate no opposition was recorded.

With such influence Jefferson might promise himself success in any

undertaking; and if he had at heart one object more momentous than

the embargo, it was the punishment of Chief-Justice Marshall for

his treatment of Burr. As early as Nov. 5, 1807, Senator Tiffin of

Ohio began his career in the Senate by moving, as an amendment to

the Constitution, that all judges of the United States should hold

office for a term of years, and should be removed by the President on

address by two-thirds of both Houses. Governor Tiffin’s motion was

not an isolated or personal act. The State legislatures were invoked.

Vermont adopted the amendment. The House of Delegates in Virginia,

both branches of the Pennsylvania legislature, the popular branch in

Tennessee, and various other State governments, in whole or in part,

adopted the principle and urged it upon Congress. In the House, George

W. Campbell moved a similar amendment January 30, and from time to time

other senators and members made attempts to bring the subject forward.

In the Senate, Giles aided the attack by bringing in a bill for the

punishment of treason. February 11 he spoke in support of his proposed

measure, advancing doctrines which terrified Democrats as well as

Federalists. Joseph Story was one of his audience, and wrote an account

of this alarming speech:--

“Giles exhibits in his appearance no marks of greatness; he has a dark

complexion and retreating eyes, black hair, and robust form. His dress

is remarkably plain and in the style of Virginia carelessness. Having

broken his leg a year or two since, he uses a crutch, and perhaps this

adds somewhat to the indifference or doubt with which you contemplate

him. But when he speaks, your opinion immediately changes.... I

heard him a day or two since in support of a bill to define treason,

reported by himself. Never did I hear such all-unhinging and terrible

doctrines. He laid the axe at the root of judicial power, and every

stroke might be distinctly felt. His argument was very specious and

forensic, sustained with many plausible principles and adorned with

various political axioms, designed _ad captandum_. One of its objects

was to prove the right of the Legislature to _define_ treason. My

dear friend, look at the Constitution of the United States and see

if any such construction can possibly be allowed!... He attacked

Chief-Justice Marshall with insidious warmth. Among other things he

said, “I have learned that judicial opinions on this subject are like

changeable silks, which vary their colors as they are held up in

political sunshine.””[161]

Had Giles’s proposed definition of treason become law, it would in

another half-century have had singular interest for Virginians of his

school. According to this bill any persons, without exception, “owing

allegiance to the United States of America,” who should assemble with

intent forcibly to change the government of the United States, or to

dismember them or any one of them, or to resist the general execution

of any public law, should suffer death as a traitor; and even though

not personally present at the assemblage or at the use of force, yet

should any person aid or assist in doing any of the acts proscribed,

such person should also suffer death as a traitor.[162] Fortunately

for Southern theories the bill, although it passed the Senate by means

of Southern votes, was lost in the House, where John Randolph had

introduced a bill of his own more moderate in character.[163]

Although the attack on the Supreme Court was more persistent and was

carried further than ever before, it met with passive resistance

which foreshadowed failure, and probably for this reason was allowed

to exhaust its strength in the committee-rooms of Congress. The

chief-justice escaped without a wound. Under the shadow of the embargo

he could watch in security the slow exhaustion of his antagonist.

Jefferson had lost the last chance of reforming the Supreme Court. In

another six months Congress would follow the will of some new Executive

chief; and if in the full tide of Jefferson’s power Marshall had

repeatedly thwarted or defied him with impunity, the chance was small

that another President would meet a happier fate.

The failure of his attack on the Supreme Court was not the only

evidence that Jefferson’s authority when put to the test was more

apparent than real. If in the President’s eyes Marshall deserved

punishment, another offender merited it still more. Senator Smith of

Ohio was deeply implicated in Burr’s conspiracy. The dignity of the

President and of Congress demanded inquiry, and an investigation was

made. The evidence left no reasonable doubt that Smith had been privy

to Burr’s scheme; but the motion to expel him from the Senate failed by

a vote of nineteen to ten, two thirds being required for this purpose.

In the House, John Randolph brought charges against General Wilkinson

which could neither be admitted nor met. The Administration was obliged

to cover and ignore the military scandals brought to light by Burr’s

trial.

Even in regard to more serious matters the Government could hardly feel

secure. In February, Sloan of New Jersey offered a motion that the seat

of government should be removed from Washington to Philadelphia. The

House, February 2, by a vote of sixty-eight to forty-seven, agreed to

consider the resolution, and a debate followed which proved how far

from stable the actual arrangement was supposed to be. Republicans

and Federalists alike assailed the place in which they were condemned

to live. Fifteen million dollars, it was said, had been spent upon it

with no other result than to prove that a city could never be made to

exist there. One day they were choked with dust; the next they were

wallowing in mire. The climate was one of violent changes and piercing

winds. Members sickened and died in greater numbers than ever before,

but in case of illness they could find no physician except by sending

to the navy yard some miles away. At the last session the House had

been driven from its old hall by the wind breaking its windows. The

new hall, however magnificent was unfit for its purpose; to hear was

impossible; its ventilation was so bad as to have caused the illness

of Jacob Crowninshield, one of its leading members, then lying at the

point of death. The prices of everything in Washington were excessive.

Butter was fifty cents a pound; a common turkey cost a dollar and

a half; in Philadelphia members would save one hundred and fifty

dollars a day in hack-hire alone. Even these objections were trifling

compared with the inconvenience of governing from a wilderness where

no machinery existed to make administration easy. As an example of the

absurdities of such a system, members pointed to the navy yard, only to

be reached by following the windings of the shallow Potomac, while the

Navy Department was obliged at extravagant cost to bring every article

of use from the seaboard, besides recruiting seamen at the commercial

ports for every ship fitted out at Washington.

Sloan desisted from his motion only after the House had shown itself

strongly inclined toward his opinion. On another point the divergence

of ideas became more marked, and Jefferson found himself obliged to

strain his influence.

In the Republican party any vote for a standing army had been hitherto

considered a crime. The Federalists in 1801 had left a force of five

thousand men; Jefferson reduced it to three thousand. The Republican

party believed in a militia, but neglected it. Throughout the Southern

States the militia was undisciplined and unarmed; but in Massachusetts,

as President Jefferson was beginning to notice, the Federalists took

much care of their State soldiery. The United States fort at Newport

was garrisoned only by goats, and the strategic line of Lake Champlain

and the Hudson River, which divided New England from the rest of

the Union, lay open to an enemy. In view of war with England such

negligence became wanton. Jefferson saw that an army must be raised;

but many of his truest followers held that militia alone could be

trusted, and that the risk of conquest from abroad was better than the

risk of military despotism at home.

For a people naturally brave, Americans often showed themselves

surprisingly unwilling to depend upon their own strength. To defy

danger, to rush into competition with every foreign rival, to take

risks without number, and to depend wholly on themselves were admitted

characteristics of Americans as individuals; but the same man who, when

left to his own resources, delighted in proving his skill and courage,

when brought within the shadow of government never failed to clamor

for protection. As a political body the American people shrank from

tests of its own capacity. “American systems” of politics, whether

domestic or foreign, were systems for evading competition. The American

system in which the old Republican party believed was remarkable for

avowing want of self-confidence as the foundation of domestic as well

as of foreign policy. The Republican party stood alone in refusing,

on principle, to protect national rights from foreign outrage; but it

defied imitation when the sacrifice of national rights was justified by

the argument that if American liberties were not abandoned to foreign

nations they would be destroyed by the people themselves. War, which

every other nation in history had looked upon as the first duty of

a State, was in America a subject for dread, not so much because of

possible defeat as of probable success. No truer Republican could be

found in Virginia than John W. Eppes, one of Jefferson’s sons-in-law;

and when the House debated in February a Senate bill for adding two

regiments to the regular army, Eppes declared the true Republican

doctrine:[164]--

“If we have war, this increase of the army will be useless; if peace,

I am opposed to it. I am in favor of putting arms into the hands of

our citizens and then let them defend themselves.... If we depend

on regular troops alone, the liberty of the country must finally be

destroyed by that army which is raised to defend it. Is there an

instance in which a nation has lost its liberty by its own citizens in

time of peace? It is by standing armies and very often by men raised

on an emergency and professing virtuous feelings, but who eventually

turned their arms against their country.... I never yet have voted for

a regular army or soldier in time of peace. Whenever an opportunity

has offered I have voted them down; and so help me God! I will as long

as I live.”

One week after Eppes spoke these words, President Jefferson sent to

Congress a Message asking for an immediate addition of six thousand

men to the regular army.[165] No such blow had ever been given to

the established practices of Republican administration. Ten years

before, every leader of the party had denounced the raising of twelve

regiments at a time of actual hostilities with France, although the

law limited their service to the term of the expected war. The eight

regiments demanded by Jefferson were to be raised for five years in

a time of peace. The Southern Republicans saw themselves required to

walk, publicly and avowedly, in the footsteps of their monarchical

predecessors; while John Randolph stood by and jeered at them.

The House waited until Rose had fairly sailed and the session drew near

its end, with embargo fastened upon the country, and no alternative

visible but war; then slowly and unwillingly began its recantations.

April 4 John Clopton of Virginia[166] admitted that in 1798 he had

voted against the army. His excuse for changing his vote was that in

1798 he thought there was no ground for fearing war, while in 1808 he

saw little ground for hoping peace. Yet he voted for the new regiments

only because they were so few; and even in the event of actual war “he

could scarcely imagine that he could be induced to admit the expediency

of increasing the regular forces to a number much greater than they

would be” under the present bill. Clopton was answered by Randolph,

who warmly opposed the new army for the same reasons which had led

him to oppose the old one. Randolph was followed by George M. Troup

of Georgia,--a young man not then so prominent as he was destined to

become, who declared that no one had more confidence than he felt in

militia; but “it is well known that the present defective system of

militia in our quarter of the country at least is good for nothing;”

and a small standing army was not dangerous but necessary, because it

would preserve peace by preparing for war.[167] Smilie of Pennsylvania

added another reason. He argued that John Randolph had favored raising

troops in the year 1805 to protect the Southern frontier “from Spanish

inroad and insult.” Smilie had then opposed the motion and the House

had rejected it, but to Smilie the argument that Randolph had once

favored an increase of the army, seemed decisive.

A much respected member from South Carolina--David R. Williams, one

of Randolph’s friends--then took the floor.[168] He could not bring

himself to vote for the bill, because no half-way measure would

answer. War would require not six but sixty thousand men; defensive

armies were worse than none, either in war or peace. Williams’s

argument was so evidently weak that it failed to convince even Macon,

who had voted against the twelve regiments in 1798, but meant to change

his ground and believed himself able to prove his consistency. In

contradiction to the bill itself he maintained that the new army was

not a peace establishment; that if it were so he would not vote for it.

He condemned the maxim that to preserve peace nations must be prepared

for war, and asserted that no analogy existed between 1798 and 1808,

for that in 1808 America was attacked by foreign powers, while in 1798

she attacked them.[169]

Discordant as these voices were, the debate was the next day enlivened

by a discord more entertaining. Richard Stanford of North Carolina,

one of the oldest members of the House, a close ally of Randolph,

Macon, and Williams, made a speech which troubled the whole body of

Southern Republicans.[170] Stanford voted for the twelve regiments in

1798, but like the majority of Republicans he did so in deference to

a party caucus, in order to ward off the danger of a larger force. He

said it was the only Federalist vote he ever gave, and he promised

his friends never again to be caught in the same mistake. With candor

intended to irritate, he arrayed the occasions on which his party

had refused to increase the military establishment: first, in a state

of actual hostilities in 1798; again, when Spain defied and insulted

the government in 1805; still again, on the brink of a Spanish war

during Burr’s conspiracy in 1806. He quoted Jefferson’s first Inaugural

Address, which counted among the essential principles of the government

“a well-disciplined militia, our best reliance in peace and for the

first moments of war till regulars may relieve them;” and the Annual

Message of 1806, which said, “Were armies to be raised whenever a speck

of war is visible in our horizon, we never should have been without

them; our resources would have been exhausted on dangers which have

never happened, instead of being reserved for what is really to take

place.” He quoted also pungent resolutions of 1798, speeches of Eppes

and Wilson Cary Nicholas, of Varnum and Gallatin; he showed the amount

of patronage once abolished but restored by this bill; and when at last

he sat down, the Southern members were ruffled until even Macon lost

his temper.

Soon John Randolph rose again, and if Stanford’s speech was

exasperating in its candor, Randolph’s was stinging in its

sarcasm.[171] He treated the new defensive system with ridicule.

The Navy Department, he said, had dwindled to a Gunboat Department.

Congress built gunboats to protect shipping and coasts, and built forts

to protect gunboats. The army was equally feeble; and both were at

odds with the embargo:--

“When the great American tortoise draws in his head you do not see

him trotting along; he lies motionless on the ground; it is when the

fire is put on his back that he makes the best of his way, and not

till then. The system of embargo is one system, withdrawing from every

contest, quitting the arena, flying the pit. The system of raising

troops and fleets of whatever sort is another and opposite to that

dormant state.... They are at war with each other, and cannot go on

together.”

Even if not inconsistent with the embargo, the army was still useless:--

“My worthy friend from Georgia has said that the tigress, prowling for

food for her young, may steal upon you in the night. I would as soon

attempt to fence a tiger out of my plantation with a four-railed fence

as to fence out the British navy with this force.”

Randolph ventured even to ridicule the State of Virginia which was said

to demand an army:--

“My friend and worthy colleague tells us that the State of Virginia,

so much opposed to armies, has now got to the war pitch so far as

to want one regiment for the defence of half a million of souls

and seventy thousand square miles.... Yes, sir; the legislature of

Virginia, my parent State, of whom I cannot speak with disrespect,

nor will I suffer any man worth my resentment to speak of her with

disrespect in my hearing, has been earned away by the military mania,

and they want one regiment!”

Yet Randolph approved the embargo as little as he liked the army and

navy.

“I am not one of those who approve the embargo,” he said in another

speech.[172] “It gives up to Great Britain all the seamen and all the

commerce,--their feet are not now upon your decks, for your vessels

are all riding safely moored along your slips and wharves; and this

measure absolutely gives Agriculture a blow which she cannot recover

till the embargo is removed. What has become of your fisheries? Some

gentleman has introduced a proposition for buying their fish to

relieve the fishermen. Indeed, I would much sooner assent to buying

their fish than to raising these troops, except indeed we are raising

the troops to eat the fish.”

Randolph broke into shrill laughter at his own joke, delighted with the

idea of six thousand armed men paid to eat the fish that were rotting

on the wharves at Gloucester and Marblehead.

Keenly as Randolph enjoyed the pleasure of ridiculing his colleagues

and friends, he could expect to gain no votes. George W. Campbell and

the other Administration speakers admitted that the embargo might

yield to war and that an army had become necessary. Even Eppes had the

courage to defy ridicule, and in full recollection of having vowed to

God February 17 that as long as he lived he would vote down a regular

army, he rose April 7 to support the bill for raising eight regiments:--

“I consider it as part of the system designed to meet the present

crisis in our affairs.... The period must arrive when the embargo

will be a greater evil than war. When that period shall arrive it will

be taken off.”[173]

On the same day the bill passed by a vote of ninety-five to sixteen,

and the Republican party found itself poorer by the loss of one more

traditional principle. Events were hurrying the Government toward

dangers which the party had believed to be preventable under the

system invented by Virginia and Pennsylvania. In 1804 Jefferson

wrote to Madison: “It is impossible that France and England should

combine to any purpose.”[174] The impossible had happened, and every

practice founded on the theory of mutual jealousy between European

Powers became once more a subject of dispute. On the day of Rose’s

departure Jefferson, abandoning the secrecy in which until that moment

he had wrapped his diplomacy, sent to Congress a mass of diplomatic

correspondence with England and France, running back to the year 1804.

A few days later, March 30, he sent a secret message accompanied by

documents which gave to Congress, with little exception, everything of

importance that had passed between the governments. Only one subject

was kept back:--the tenebrous negotiation for Florida remained secret.

From these documents Congress could see that the time for talking of

theories of peace and friendship or of ordinary commercial interests

had passed. Violence and rapine marked every page of the latest

correspondence. February 23 Erskine had at last notified the Government

officially of the existence and purpose of the Orders in Council. His

note repeated the words of Canning’s instructions.[175] After asserting

that America had submitted to the French Decrees, and had thereby

warranted England in forbidding if she pleased all American commerce

with France, Erskine pointed out that the Orders in Council, by not

prohibiting but limiting this commerce, gave proof of his Majesty’s

amicable disposition. The Americans might still transport French and

Spanish colonial produce to England, and re-export it to the continent

of Europe under certain regulations:--

“The object of these regulations will be the establishment of such a

protecting duty as shall prevent the enemy from obtaining the produce

of his own colonies at a cheaper rate than that of the colonies of

Great Britain. In this duty it is evident that America is no otherwise

concerned than as being to make an advance to that amount, for which

it is in her power amply to indemnify herself at the expense of the

foreign consumer.”

Further, the orders licensed the importation through England into

France of all strictly American produce, except cotton, without paying

duty in transit:--

“The reason why his Majesty could not feel himself at liberty,

consistent with what was necessary for the execution of his purpose

in any tolerable degree, to allow this relaxation to apply to cotton

is to be found in the great extent to which France has pushed the

manufacture of that article, and the consequent embarrassment upon

her trade which a heavy import upon cotton as it passes through Great

Britain to France must necessarily produce.”

Erskine’s note claimed credit for England because the orders were not

abruptly enforced, but allowed time for neutrals to understand and

conform to them. The concluding sentences were intended to soothe the

suffering merchants:--

“The right of his Majesty to resort to retaliation cannot be

questioned. The suffering occasioned to neutral parties is incidental,

and not of his Majesty’s seeking. In the exercise of this undoubted

right, his Majesty has studiously endeavored to avoid aggravating

unnecessarily the inconveniences suffered by the neutral; and I am

commanded by his Majesty especially to represent to the Government

of the United States the earnest desire of his Majesty to see the

commerce of the world restored once more to that freedom which is

necessary for its prosperity; and his readiness to abandon the system

which has been forced upon him whenever the enemy shall retract the

principles which have rendered it necessary.”

From this note--a model of smooth-spoken outrage--Congress could

understand that until the King of England should make other regulations

American commerce was to be treated as subject to the will and interest

of Great Britain. At the same moment Congress was obliged to read a

letter from Champagny to Armstrong, dated Jan. 15, 1808, in defence

of the Berlin and Milan Decrees.[176] Written in words dictated by

Napoleon, this letter asserted rude truths which irritated Americans

the more because they could not be denied:--

“The United States, more than any other Power, have to complain of

the aggressions of England. It has not been enough for her to offend

against the independence of their flag,--nay, against that of their

territory and of their inhabitants,--by attacking them even in their

ports, by forcibly carrying away their crews; her decrees of the 11th

November have made a fresh attack on their commerce and on their

navigation as they have done on those of all other Powers.

“In the situation in which England has placed the Continent,

especially since her decrees of the 11th November, his Majesty has

no doubt of a declaration of war against her by the United States.

Whatever transient sacrifices war may occasion, they will not believe

it consistent either with their interest or dignity to acknowledge the

monstrous principle and the anarchy which that government wishes to

establish on the seas. If it be useful and honorable for all nations

to cause the true maritime law of nations to be re-established, and

to avenge the insults committed by England against every flag, it is

indispensable for the United States, who from the extent of their

commerce have oftener to complain of those violations. War exists

then in fact between England and the United States; and his Majesty

considers it as declared from the day on which England published her

decrees.”

Two such letters could hardly have been written to the chief of an

independent people and submitted to a free legislature in Europe

without producing a convulsion. Patient as Congress was, the temper

excited by Champagny’s letter obliged the President, April 2,

to withdraw the injunction of secrecy after the House had twice

rejected a motion to do so without his permission; but the motive

of the Federalists in publishing Champagny’s letter was not so much

to resent it as to divert popular anger from England to France. No

outburst of national self-respect followed the appearance of the two

letters. During the next week the House debated and passed the bill

for raising the army to ten thousand men, but on all sides the friends

and opponents of the measure equally deprecated war. The report of a

special committee in the Senate, April 16, expressed on that point the

general feeling of Congress:[177]--

“With respect to a resort to war as a remedy for the evils

experienced, the committee will offer no other reflection than that

it is in itself so great an evil that the United States have wisely

considered peace and honest neutrality as the best foundation of their

general policy. It is not for the committee to say under what degree

of aggravated injuries and sufferings a departure from this policy

may become a duty, and the most pacific nation find itself compelled

to exchange for the calamities of war the greater distresses of

longer forbearance. In the present state of things the committee

cannot recommend any departure from that policy which withholds our

commercial and agricultural property from the licensed depredations

of the great maritime belligerent Powers. They hope that an adherence

to this policy will eventually secure to us the blessings of peace

without any sacrifice of our national rights; and they have no

doubt that it will be supported by all the manly virtue which the

good people of the United States have ever discovered on great and

patriotic occasions.”

The Senate passed a bill authorizing the President during the recess to

suspend the embargo in whole or in part if in his judgment the conduct

of the belligerent Powers should render suspension safe. After a hot

debate, chiefly on the constitutionality of the measure, it passed the

House, and April 22 became law. April 25 the session ended.

As the result of six months’ labor, Congress could show besides the

usual routine legislation a number of Acts which made an epoch in

the history of the Republican party. First came the Embargo, its two

Supplements, and the Act empowering the President to suspend it at

will. Next came the series of appropriation Acts which authorized

the President to spend in all four million dollars in excess of the

ordinary expenditures,--for gunboats, eight hundred and fifty thousand

dollars; for land fortifications, one million; for five new regiments

of infantry, one of riflemen, one of light artillery, and one of light

dragoons, two million dollars; and two hundred thousand dollars for

arming the militia. Such progress toward energy was more rapid than

could have been expected from a party like that which Jefferson had

educated and which he still controlled.

FOOTNOTES:

[159] Annals of Congress, 1807-1808, p. 1251, _n._

[160] Jefferson to John Taylor, Jan. 6, 1808; Works, v. 226.

[161] Story’s Life and Letters of Joseph Story, i. 158-159.

[162] Bill for the Punishment of Treason and other crimes; Annals of

Congress, 1807-1808, p. 108.

[163] Annals of Congress, 1807-1808, p. 1717.

[164] Annals of Congress, Feb. 17, 1808; Thirteenth Congress, pp. 1627,

1631.

[165] Message of Feb. 25, 1808; Annals of Congress, 1807-1808, p. 1691.

[166] Annals of Congress, 1807-1808, p. 1901.

[167] Annals of Congress, 1807-1808, p. 1916.

[168] Annals of Congress, 1807-1808, p. 1922.

[169] Annals of Congress, 1807-1808, p. 1937.

[170] Annals of Congress, 1807-1808, p. 1939.

[171] Annals of Congress, 1807-1808, p. 1959.

[172] Annals of Congress, 1807-1808, p. 2037.

[173] Annals of Congress, 1807-1808, p. 2049.

[174] Jefferson to Madison, Aug. 15, 1804; Works, iv. 557.

[175] Erskine to Madison, Feb. 23, 1808; State Papers, iii. 209.

[176] Champagny to Armstrong, Jan. 15, 1808; State Papers, iii. 248.

[177] Annals of Congress, 1807-1808, p. 364.

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