CHAPTER XVII.

Behind the scenes diplomacy was at work, actively seeking to

disentangle or to embroil the plot of the culminating drama. Erskine,

the British minister, sympathizing with his father Lord Erskine, in

good-will to America, hurried from one to another of the officials at

Washington, trying to penetrate their thoughts,--an easy task,--and

to find a bond of union between them and George Canning,--a problem

as difficult as any that ever diplomacy solved. Besides his interview

with Jefferson, he reported conversations with the Cabinet.

“I have had several interviews with Mr. Madison since the arrival

of the ‘Hope,’” he wrote November 5,[332] “and have often turned

the conversation upon the points above mentioned, which he did not

seem willing to discuss; but I could collect from what he did say

that it was his own opinion that all intercourse ought to be broken

off with the belligerents, and that some steps further--to use his

expression--ought to be taken.... I will just communicate to you the

hints which were thrown out by Mr. Smith, Secretary of the Navy, in a

conversation which I had with him,--of an unofficial kind, indeed,

but in which he expressed his sentiments unequivocally,--that in

addition to the steps alluded to by Mr. Madison, he would wish that

their ministers should be recalled from England and France, and that

preparations should be immediately made for a state of hostility.

Mr. Gallatin, the Secretary of the Treasury, would have preferred

taking a decided part against one or other of those Powers before

the embargo was first laid, but thinks that no other course can now

be adopted. The Vice-President, Mr. Clinton, was and is strongly

averse to the embargo system; and though he does not openly declare

himself, it is well known that he is entirely opposed to the present

Administration.... Indeed, in conversation with me yesterday he

inveighed with great force against the conduct of Bonaparte toward

Spain, and expressed his astonishment that any American should have

_hesitated_ to express such sentiments. He alluded to the conduct

of this Government in not only withholding any approbation of the

noble efforts of the Spaniards to resist that usurper’s tyranny over

them, but to the language held by their newspapers, and in private by

themselves, of regret at these events as being likely to conduce to

the interest and success of England. A different tone is now assumed

upon that important subject; and the President said to me a few days

ago that however he might doubt the eventual success of the Spanish

cause, the feelings of a _tiger_ could alone lead to an attempt to

subjugate them through such torrents of blood and such devastation as

must ensue if followed by success.”

Erskine’s report was nearly exact. In regard to Robert Smith, it

was confirmed by a letter written at the same moment by Smith to

the President;[333] and so far as concerned Madison, Gallatin, and

George Clinton, it was not far wrong. A month then passed while

Congress drifted toward a decision. At last, about December 1, Erskine

roused himself to an effort. Doubtless Madison and Gallatin knew his

purpose,--perhaps they inspired it; but in any case, Erskine acted

rather in their interests than in the spirit or policy of Canning.

December 3 the British minister wrote to his Government the first of a

series of despatches calculated to bring Canning to his senses.

“The Government and party in power,” said he,[334] “unequivocally

express their resolution not to remove the embargo, except by

substituting war measures against both belligerents, unless either or

both should relax their restrictions upon neutral commerce.”

To reinforce this assertion Erskine reported an interview with

Secretary Madison, who after reviewing the facts had ended by

explicitly threatening a declaration of war. He said in substance--

“That as the world must be convinced that America had in vain taken

all the means in her power to obtain from Great Britain and France a

just attention to their rights as a neutral Power by representations

and remonstrances, that she would be fully justified in having

recourse to hostilities with either belligerent, and that she

only hesitated to do so from the difficulty of contending with

both; but that she must be driven even to endeavor to maintain her

rights against the two greatest Powers in the world, unless either

of them should relax their restrictions upon neutral commerce,--in

which case the United States would side with that Power against the

other which might continue the aggression. Mr. Madison observed to

me that it must be evident that the United States would enter upon

measures of hostility with great reluctance, as he acknowledged

that they are not at all prepared for war, much less with a Power

so irresistibly strong as Great Britain; and that nothing would be

thought to be too great a sacrifice to the preservation of peace,

except their independence and their honor. He said that he did not

believe that any Americans would be found willing to submit to (what

he termed) the encroachments upon the liberty and the rights of the

United States by the belligerents; and therefore the alternatives

were, Embargo or War. He confessed that the people of this country

were beginning to think the former alternative too passive, and

would perhaps soon prefer the latter, as even less injurious to the

interests, and more congenial with the spirit, of a free people.”

In support of Madison’s views Erskine reported December 4[335] a long

conversation with Gallatin, which connected the action of Congress

with the action of diplomacy. Gallatin and Robert Smith, according to

the British minister, had not approved the embargo as a measure of

defence, “and had thought that it had been better to have resorted to

measures of a more decided nature at first; but that now they had

no other means left but to continue it for a short time longer, and

then in the event of no change taking place in the conduct of the

belligerents toward the United States, to endeavor to assert their

rights against both Powers.” Gallatin--acting as Madison’s Secretary

of State--sketched an ingenious and plausible project which Erskine

was to suggest for Canning’s use. His leading idea was simple. The

total non-intercourse with both belligerents--the measure recommended

by Campbell’s Report, and about to become law--must remove two causes

of dispute with England; for this non-intercourse superseded the

President’s “Chesapeake” proclamation and the Non-importation Act of

April, 1806, against British manufactures. Henceforward England could

not complain of American partiality to France, seeing that America

impartially prohibited every kind of intercourse with both countries.

This mode of conciliation was but a fair return for Canning’s

conciliatory prohibition of American cotton, and if carried one step

further must end on both sides in a declaration of war in order to

prove their wish for peace; but Canning could hardly object to his

own style of reasoning. After thus evading two English grievances,

Gallatin arrived at his third point,--that Congress meant to interdict

the employment of foreign seamen on American vessels, and thus put

an end to all occasion for impressment. Finally, Erskine represented

Gallatin as saying that the United States were ready to concede the

Rule of 1756, and not to claim in time of war a trade prohibited in

time of peace.

In the ease of private and friendly conversation the most cautious

of men, even more than the most reckless, stood at the mercy of

reporters. Gallatin was by temperament excessively cautious, and was

evidently on his guard in talking with Erskine; but he could not

prevent Erskine from misunderstanding his words, and still less from

misconstruing his reserve. The British minister afterward officially

explained that the Secretary of the Treasury had offered no such

concession as was implied by the Rule of 1756; he proposed only to

yield the American claim, never yet seriously pressed, to the direct

trade between the colonies of France and their mother country;[336]

but although Erskine’s mistake on this point proved troublesome, it

was not so embarrassing to Gallatin as the inference which the British

minister drew from his reserve on a point of merely personal interest.

“I have no doubt,” continued Erskine, “but these communications were

made with a sincere desire that they might produce the effect of

conciliation; because it is well known that Mr. Gallatin has long

thought that the restrictive and jealous system of non-import laws,

extra duties, and other modes of checking a free trade with Great

Britain has been erroneous and highly injurious to the interests of

America. He informed me distinctly that he had always entertained

that opinion, and that he had uniformly endeavored to persuade the

President to place the conduct of Great Britain and France in a fair

light before the public. He seemed to check himself at the moment he

was speaking upon that subject, and I could not get him to express

himself more distinctly; but I could clearly collect from his manner,

and from some slight insinuations, that he thought the President had

acted with partiality toward France; for he turned the conversation

immediately upon the character of Mr. Madison, and said that he could

not be accused of having such a bias toward France, and remarked that

Mr. Madison was known to be an admirer of the British Constitution,

to be generally well disposed toward the nation, and to be entirely

free from any enmity to its general prosperity. He appealed to me

whether I had not observed that he frequently spoke with approbation

of its institutions, its energy, and spirit, and that he was

thoroughly well versed in its history, literature, and arts. These

observations he made at that time for the purpose of contrasting

the sentiments of Mr. Madison with those of the President, as he

knew that I must have observed that Mr. Jefferson never spoke with

approbation of anything that was British, and always took up French

topics in his conversation, and always praised the people and country

of France, and never lost an opportunity of showing his dislike to

Great Britain.”

When in course of time this despatch was printed, Gallatin felt

himself obliged to make a public disavowal of Erskine’s statements.

That he had at first preferred measures more decided than the embargo

was, he said, a mistake; and the inferences drawn in regard to

President Jefferson were wholly erroneous:--

“Eight years of the most intimate intercourse, during which not

an act, nor hardly a thought, respecting the foreign relations

of America was concealed, enable me confidently to say that Mr.

Jefferson never had in that respect any other object in view but the

protection of the rights of the United States against every foreign

aggression or injury, from whatever nation it proceeded, and has in

every instance observed toward all the belligerents the most strict

justice and the most scrupulous impartiality.”[337]

This denial was hardly necessary. The despatches themselves plainly

showed that Erskine, having set his heart on effecting a treaty, used

every argument that could have weight with Englishmen, and dwelt

particularly upon the point--which he well knew to be a dogma of

British politics--that President Jefferson had French sympathies,

whereas Madison’s sympathies were English. If Erskine had been a

Tory, he would have known better than to suppose that Perceval’s

acts were in any way due to Jefferson or his prejudices; but the

British minister wished to employ all the arguments that could aid his

purpose; and to do him justice, he used without stint that argument

which his British instincts told him would be most convincing,--the

single word, War.

“I ascertained from Mr. Madison,” he wrote November 26,[338] “that

... the Report of the Committee seemed distinctly to announce that

the ULTIMATE and only effectual mode of resisting the aggressions of

the belligerents would be by a _war_.”

If Canning could be panic-struck by italics and capital letters,

Erskine meant to excite his worst alarms. Perhaps Madison was a

little the accomplice of these tactics; for at the moment when he

threatened war in language the most menacing, the future President

was trembling lest Congress should abjectly submit to British orders.

Erskine’s despatches early in December echoed the official words of

Madison, Gallatin, and Robert Smith, but gave little idea of their

difficulties. The same tactics marked his next letters. Jan. 1, 1809,

he wrote to Canning[339] that the bill which was to carry into effect

the Resolutions of Campbell’s Report had been laid before the House:--

“You will observe, sir, that the provisions of this bill are exactly

such as this Government informed me would be adopted, and which I

detailed to you in my despatches by the last month’s packet. On these

measures, and a strict enforcement of the embargo, the Government

and Congress have determined to rely for a short time, in the hope

that some events in Europe may take place to enable them to extricate

themselves from their present highly embarrassing situation. It is

now universally acknowledged that the Embargo Act must be raised by

next summer; and nearly all the members of the ruling party declare

that unless the belligerent Powers should remove their restrictions

upon neutral commerce before that time, it will be incumbent upon the

United States to adopt measures of hostility toward such of those

Powers as may continue their aggressions.”

War was the incessant burden of Erskine’s reports; and he spared no

pains to convince his Government that Madison had both the power

and the will to fight. The next House, he reported, would contain

ninety-five Republicans to forty-seven Federalists: “This great

majority (which may vary a few votes) would of course be strong

enough to carry any measures they wished; and all their declarations

and their whole conduct indicate a determination to adopt the line

of conduct which I have before pointed out.” Only three days earlier

Gallatin had privately written to Nicholson that great confusion and

perplexity reigned in Congress, that Madison was slow in taking his

ground, and that if war were not speedily determined submission would

soon ensue; but Erskine reported little of this pacific temper, while

he sent cry after cry of alarm to London. Toward the end of December

Congress took up a measure for raising fifty thousand troops. Erskine

asked the Secretary of State for what purpose so large a force was

needed; and Madison replied that the force was no greater than the

state of relations with foreign Powers required.

“He added (to my great surprise) that if the United States thought

proper, they might act as if war had been declared by any or all of

them, and at any rate by Great Britain and France. When I pressed

him for a further explanation of his meaning, he said that such had

been the conduct of both those Powers toward the United States that

they would be justified in proceeding to immediate hostilities. From

his manner as well as from his conversation, I could perceive that

he was greatly incensed; and it appeared to me that he wished that

Great Britain might take offence at the conduct of the United States

and commence hostilities upon them, so as to give this Government

a strong ground of appeal to the people of this country to support

them in a war,--unless indeed they could be extricated from their

difficulties by Great Britain giving way and withdrawing her Orders

in Council.”[340]

Following one letter by another, in these varied tones of menace,

Erskine ended by sending, Jan. 3, 1809, a Message from the

President-elect which wanted nothing except a vote of Congress to make

it a formal announcement of war:[341]--

“I have the honor to inform you that I had an interview with Mr.

Madison yesterday, in which he declared that he had no hesitation in

assuring me that in the event of the belligerent nations continuing

their restrictions upon neutral commerce, it was intended by

this Government to recommend to Congress to pass a law to allow

merchant-ships to arm, and also to issue letters of marque and

reprisal. The exact time when this course would be adopted, he said,

might depend upon circumstances such as could not precisely be

described; but he said that he was confident that if it was not taken

before the expiration of the present Congress, in March, it would be

one of the first measures of the new Congress, which will be held

early in May next.”

Erskine added that the Federalists also thought Great Britain wrong

in refusing the American offers, and that they too declared war to

be necessary if these offers should still be rejected. He wrote to

Sir James Craig to be on guard against sudden attack from the United

States. These measures taken, the British minister at Washington

waited the echo of his alarm-cries, and Madison left the matter in

his hands. No instructions were sent to Pinkney, no impulse was

given to the press; and the public obstinately refused to believe in

war. Perhaps Erskine received some assurance that no decisive step

would be taken before he should have obtained from London a reply

to his despatches of December; but whether or not he had any tacit

understanding with Madison, his ambition to reunite the two countries

and to effect the diplomatic triumph of a treaty certainly led him to

exaggerate the warlike ardor of America, and to cross by a virtuous

intrigue what he thought the ruinous career of his own Government.

On the other hand, General Turreau flattered himself that the

diplomatic triumph would fall not to Erskine, but to himself; and the

hope of war upon England almost overcame for a sanguine moment his

contempt for American character and courage. Turreau acquiesced in the

embargo, since such was the Emperor’s will,--but only as a choice of

evils; for he knew better than Napoleon how deep a wound the embargo

inflicted on Martinique and Guadeloupe. He consoled himself only by

the hope that it injured Great Britain still more. “I have always

considered,” he said,[342] “that the embargo, rigorously executed,

hurt us less than it hurt England, because our colonial interests

are of small account in the balance against the colonial interests

of the enemy.” In his eyes a declaration of war against France was

better suited than the embargo to French interests, provided it were

joined with a like declaration against England; and he prepared his

Government in advance for treating such a war as though it were an

alliance.

“I believe that France ought not to take this declaration in its

literal sense, because its apparent object would be only nominal,

and not in the intention of the legislators. I know that such is now

their disposition; and although it is conceded that the number of

Federalists will be greater in the next Congress than in this, yet

the Administration will always have a great majority in the House,

and a still greater in the Senate. I am in such close relations with

the greater number of senators as not to be deceived in regard to

their intentions. But in this case, too, it would be necessary that

France should not answer the challenge of war, and should wait until

the first hostilities had taken place between England and the United

States. Then I shall hope that the declaration against France will be

immediately withdrawn. I have reason to believe that a declaration

of war against France as well as against England will take place

only with the intention of reaching this last Power without too much

shocking public opinion, and in order to avoid the reproach of too

much partiality toward the first. Your Excellency can, from this,

form an idea of the weakness of Congress, and of the disposition of

the American people.”[343]

This despatch, written in the middle of January, completed the

diplomatic manœuvres by which Madison hoped to unite his foreign with

his domestic policy. The scheme was ingenious. Even if it should fail

to wring concessions from Canning, hostilities would result only in

a cheap warfare on the ocean, less wearisome than the embargo,--a

war which, so far as concerned the continent of Europe, would rather

benefit than injure commerce; but a policy like this, at once bold and

delicate, required the steady support of a vigorous Congress. Neither

Erskine nor Turreau told the full strength of the difficulties with

which Madison and Gallatin struggled within their own party; or that

while the new Administration was laboring to build up a new policy,

the Federalists had already laid their hands on the material that the

new policy needed for its use.

Whatever might be their differences in other respects, Jefferson,

Madison, and Gallatin agreed on one common point. They held that

until some decision should be reached in regard to peace or war, the

embargo must be maintained and enforced. Neither the dignity nor the

interests of the country permitted a sudden break with the policy

which had been steadily followed during the eight years of their

power. Abandonment of embargo without war was an act of submission to

England and France which would certainly destroy whatever national

self-respect might have survived the mortifications of the last three

years; but if the embargo was to be maintained, it must be enforced,

and without new legislation strict enforcement was impossible. This

new legislation was demanded by Gallatin, in a letter of Nov. 24,

1808, addressed to Senator Giles of the Senate committee. December

8, Giles introduced a Bill conferring on Gallatin the “arbitrary”

and “dangerous” powers he asked. The new measure answered Gallatin’s

description. Henceforward coasting-vessels were to give impossible

bonds, to the amount of six times the value of vessel and cargo,

before any cargo could even be put on board; collectors might refuse

permission to load, even when such bonds were offered, “whenever in

their opinion there is an intention to violate the embargo;” in suits

on the bond, the defence was to be denied the right to plead capture,

distress, or accident, except under conditions so stringent as to be

practically useless; no ship-owner could sell a vessel without giving

bond, to the amount of three hundred dollars for each ton, that such

ship should not contravene any of the Embargo Acts; and by Section 9,

the whole country was placed under the arbitrary will of government

officials: “The collectors of all the districts of the United States

shall ... take into their custody specie or other articles of domestic

growth, produce, or manufacture ... when in vessels, carts, wagons,

sleighs, or any other carriage, or in any manner apparently on their

way toward the territory of a foreign nation or the vicinity thereof,

or toward a place whence such articles are intended to be exported;”

and after seizure the property could be recovered by the owner only on

giving bonds for its transfer to some place “whence, in the opinion

of the collector, there shall not be any danger of such articles

being exported.” The collectors not only received authority to seize

at discretion all merchandise anywhere in, transit, but were also

declared to be not liable at law for their seizures, and were to be

supported at need by the army, navy, and militia.

In vain did Giles[344] and the other stanch followers of Jefferson

affirm that this bill contained no new principles of legislation;

that it was but an extension of ordinary customs laws; and that its

provisions were “necessary and proper” for carrying into effect the

great constitutional object,--the embargo. Giles held so many opinions

in the course of his public life that no Federalist cared to ask

what might be his momentary theory of the Constitution; but whether

as a matter of law he was right or wrong, he could hardly dispute

what Gallatin in private admitted, that the powers conferred by his

Enforcement Act were “most arbitrary,” “equally dangerous and odious.”

The Senate knew well the nature of the work required to be done, but

twenty senators voted for the passage of the bill, December 21, while

only seven voted in the negative.

In pressing this measure at a moment so critical, Gallatin may have

been bold, but was certainly not discreet. If he meant to break down

the embargo, he chose the best means; if he meant to enforce it, he

chose the worst. The Eastern congressmen made no secret that they

hoped to resist the law by force.

“This strong tone was held by many of the Eastern members in a large

company where I was present,” wrote the British minister to Canning

Jan. 1, 1809; “and the gentlemen who so expressed themselves declared

that they had no hesitation in avowing such opinions, and said that

they would maintain them in their places in Congress.”

They were as good as their word, and when the bill came before the

House arguments and threats were closely intermingled; but the

majority listened to neither, and January 5, in a night session,

forced the bill to its passage by a vote of seventy-one to thirty-two.

January 9 the Enforcement Act received the signature of President

Jefferson.

Senator Pickering, of Massachusetts, alone profited by this audacious

act of power; and his overwhelming triumph became every day more

imminent, as the conservative forces of New England arrayed themselves

under his lead. Since the departure of Rose, in March, he had basked

in the sunshine of success and flattery. Single-handed he had

driven John Quincy Adams from public life, and had won the State of

Massachusetts, for the first time, to the pure principles of the

Essex Junto. That he felt, in his austere way, the full delight of

repaying to the son the debt which for eight years he had owed to the

father was not to be doubted; but a keener pleasure came to him from

beyond the ocean. If the American of that day, and especially the New

England Federalist, conceived of any applause as deciding the success

of his career, he thought first of London and the society of England;

although the imagination could scarcely invent a means by which an

American could win the favor of a British public. This impossibility

Pickering accomplished. His name and that of John Randolph were as

familiar in London as in Philadelphia; and Rose maintained with him a

correspondence calculated to make him think his success even greater

than it was.

“In Professor Adams’s downfall, at which I cannot but be amused,”

wrote Rose from London,[345] “I see but the forerunner of

catastrophes of greater mark. This practical answer of your

common constituents to his reply to you was the best possible.

By his retreat he admits his conviction that you were the fitter

representative of the State legislature. In the conversion of

Massachusetts, I see the augury of all that is of good promise with

you. Let me thank you cordially for your answer to Governor Sullivan.

It was an unintentional kindness on his part thus to compel you to

bring to the public eye the narrative of a life so interesting, so

virtuous, and honorable. Receive the assurance of how anxiously

I hope that though gratitude is not the virtue of republics, the

remaining years of that life may receive from yours the tribute of

honor and confidence it has so many claims to. In so wishing, I wish

the prosperity of your country.”

Flattery like this was rare in Pickering’s toilsome career; and man,

almost in the full degree of his antipathy to demagogy, yearns for the

popular regard he will not seek. Pickering’s ambition to be President

was as evident to George Rose as it had been to John Adams. “Under

the simple appearance of a bald head and straight hair,” wrote the

ex-President,[346] “and under professions of profound republicanism,

he conceals an ardent ambition, envious of every superior, and

impatient of obscurity.” That Timothy Pickering could become President

over a Union which embraced Pennsylvania and Virginia was an idea so

extravagant as to be unsuited even to coarsely flavored flattery; but

that he should be the chief of a New England Confederation was not an

extravagant thought, and toward a New England Confederation events

were tending fast. The idea of combining the Eastern States against

the embargo,--which if carried out put an end to the Union under the

actual Constitution,--belonged peculiarly to Pickering; and since he

first suggested it in his famous embargo letter, it had won its way

until New England was ripe for the scheme.

One by one, the Federalist leaders gave their adhesion to the plan. Of

all these gentlemen, the most cautious--or, as his associates thought,

the most timid--was Harrison Gray Otis, President of the Massachusetts

Senate. Never in the full confidence of the Essex Junto, he was always

a favorite orator in Boston town-meeting, and a leader in Boston

society; but he followed impulses stronger than his own will, and when

he adopted an opinion his party might feel secure of popular sympathy.

Dec. 15, 1808, Otis wrote from Boston to Josiah Quincy at Washington a

letter which enrolled him under Pickering’s command.[347]

“It would be a great misfortune for us to justify the obloquy of

wishing to promote a separation of the States, and of being solitary

in that pursuit.... On the other hand, to do nothing will seem to

be a flash in the pan, and our apostate representatives will be

justified in the opinions which they have doubtless inculcated of

our want of union and of nerve. What then shall we do? In other

words, what can Connecticut do? For we can and will come up to her

tone. Is she ready to declare the embargo and its supplementary

chains unconstitutional; to propose to their State the appointment

of delegates to meet those from the other commercial States, in

convention at Hartford or elsewhere, for the purpose of providing

some mode of relief that may not be inconsistent with the Union of

these States, to which we should adhere as long as possible? Shall

New York be invited to join; and what shall be the proposed objects

of such a convention?”

In thus adopting the project of Timothy Pickering for a New England

convention, Otis was not less careful than Pickering himself to

suggest that the new Union should be consistent with the old one.

American constitutional lawyers never wholly succeeded in devising

any form of secession which might not coexist with some conceivable

form of Union, such as was recognized by the Declaration of July 4,

1776; but no form of secession ever yet devised could coexist with the

Union as it was settled by the Constitution of 1789; and the project

of a New England convention, if carried out, dissolved that Union as

effectually as though it had no other object. “No State shall, without

the consent of Congress, ... enter into an agreement or compact

with another State.”[348] Such was the emphatic interdict of the

Constitution, and its violation must either destroy the Union or give

it new shape. Doubtless the Union had existed before the Constitution,

and might survive it; but a convention of the New England States

could not exist under the Union of 1789.

Another Boston Federalist, second to none in standing, who unlike Otis

was implicitly trusted by the Essex Junto, wrote a letter to Senator

Pickering, dated five days later:--

“Our Legislature will convene on January 24,” began Christopher

Gore,[349] “and what will be proper for us to do under the

circumstances of our times is doubtful. To ascertain the most useful

course to be pursued on this occasion fills our minds with deep and

anxious solicitude.... By conversing with our friends from the other

New England States you might be able to know in what measures and to

what extent they would be willing to co-operate with Massachusetts.

The opposition, to be effectual of any change in our rulers, should

comprehend all New England. These men, I fear, are too inflated with

their own popularity to attend to any call short of this.”

The action of Massachusetts was to be concerted with Connecticut; and

the leading senator from Connecticut was Pickering’s very intimate

friend, James Hillhouse, whose amendments to the Constitution,

proposed to the Senate in an elaborate speech April 12, 1808, were

supposed by his enemies to be meant as the framework for a new

confederacy, since they were obviously inconsistent with the actual

Union. Hillhouse and Pickering stood in the most confidential

relations. From their common chamber in the “Six Buildings” they

carried on their joint campaign against the embargo;[350] and with

this advantage, Pickering in due time wrote his reply to Christopher

Gore for the guidance of the Massachusetts General Court:--

“New England must be united in whatever great measure shall be

adopted. During the approaching session of our Legislature there

may be such further advances in mischief as may distinctly point

out the course proper to be adopted. A convention of delegates

from those States, including Vermont, seems obviously proper and

necessary. Massachusetts and Connecticut can appoint their delegates

with regular authority. In the other States they must be appointed

by county conventions. A strong and solemn address, stating as

concisely as will consist with perspicuity the evil conduct of our

Administration as manifested in their measures, ought to be prepared

to be laid before our Legislature when they meet, to be sent forth by

their authority, to the people. But the fast, which I have repeatedly

heard mentioned here, I hope will be postponed till the very crisis

of our affairs, if such a crisis should be suffered to arise. To

proclaim a fast sooner would, I fear, have more the appearance of

management than of religion.”[351]

Such action was not to be easily reconciled with the spirit of the

Constitution, but Pickering attempted to show its accord; and in

doing so he completed the revolution which for eight years had been

in progress between the two political parties. He placed himself on

the precise ground taken by Jefferson in the Kentucky Resolutions of

1798:--

“Pray look into the Constitution, and particularly to the tenth

article of the Amendments. How are the powers reserved to the

States respectively, or to the people, to be maintained, but by the

respective States judging for themselves, and putting their negative

on the usurpations of the general government.”

That the States of Massachusetts and Connecticut meant to take the

first step toward a change in the Federal compact was an open secret

at Washington before the close of the year. As early as December 29

Gallatin wrote to his friend Nicholson a letter of alarm,[352] which

showed that the plan was already known by the Administration:--

“I actually want time to give you more details, but I will only

state that it is intended by the Essex Junto to prevail on the

Massachusetts legislature, who meet in two or three weeks, to call

a convention of the five New England States, to which they will try

to add New York; and that something must be done to anticipate and

defeat that nefarious plan.”

FOOTNOTES:

[332] Erskine to Canning, Nov. 5, 1808; MSS. British Archives.

[333] R. Smith to Jefferson, Nov. 1, 1808; Jefferson MSS.

[334] Erskine to Canning, Dec. 3, 1808; Cobbett’s Debates, xvii.,

Appendix cxxxiv.

[335] Erskine to Canning, Dec. 4, 1808; Cobbett’s Debates, xvii.,

Appendix cxxxvii.

[336] Erskine to Gallatin, Aug. 15, 1809; State Papers, iii. 307.

[337] Gallatin to the National Intelligencer, April 21, 1810;

Gallatin’s Writings, i. 475.

[338] Erskine to Canning, Nov. 26, 1808; MSS. British Archives.

[339] Erskine to Canning, Jan. 1, 1809 (No. 1); MSS. British Archives.

[340] Erskine to Canning, Jan. 1, 1809 (No. 2); MSS. British Archives.

[341] Erskine to Canning, Jan. 3, 1809; MSS. British Archives.

[342] Turreau to Champagny, Jan. 15, 1809; Archives des Aff. Étr. MSS.

[343] Turreau to Champagny, Jan. 15, 1809; Archives des Aff. Étr. MSS.

[344] Annals of Congress, 1808-1809, p. 259.

[345] Rose to Pickering, Aug. 4, 1808; New England Federalism, p. 372.

[346] Cunningham Letters, p. 56.

[347] H. G. Otis to Quincy, Dec. 15, 1808; Quincy’s Life of Quincy, p.

164.

[348] Constitution of the United States, Art. I. sect. 10.

[349] Gore to Pickering, Dec. 20, 1808; New England Federalism, p. 375.

[350] Pickering to Hillhouse, Dec. 16, 1814; New England Federalism,

p. 414.

[351] Pickering to C. Gore, Jan. 8, 1809; New England Federalism, p.

376.

[352] Adams’s Gallatin, p. 384.

History of the United States of America, Volume 4 (of 9) · 第 17 / 20 章