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CHAPTER XXXIII.

EMBARGO-THE ILIAD OF ALL OUR WOES.

By Jay's treaty of 1794, our difficulties with Great Britain, though not settled, were quieted for the time being; while in consequence of the same cause we were nearly involved in an open rupture with France.

The change of administration and the convention with France in 1800 restored a more friendly feeling between the two republics-and the purchase of Louisiana in 1803 was accomplished with more ease than Mr. Jefferson himself could have expected. Our commerce for the first four years of the new administration was exceedingly prosperous-and the management of our domestic affairs was conducted on strictly republican principles. Had peace continued in Europe during the remainder of his term, Mr. Jefferson's would have been a most brilliant and successful career. But after the rupture of the treaty of Amiens and the renewal of hostilities between the great belligerent powers, an unfavorable change took place in our foreign relations.

By a series of extraordinary victories, Great Britain had annihilated the combined fleets of France, Spain and Holland, and made. herself undisputed mistress of the sea. The trade between these countries and their colonies, their navies being destroyed, was now for the first time opened to foreign bottoms. The United States were the only people that could avail themselves of this advantage. Their commercial marine in consequence was greatly enlarged, and commerce itself was more than ever expanded and prosperous.

But England soon perceived that so long as this kind of traffic was permitted she would derive no advantage from her naval victories. She commenced a series of measures to put an end to it.

Bonaparte, in the mean time, having elevated himself to the imperial throne of France, had conquered nearly all Europe, driven the Russian bear back into his polar regions, and was now seriously contemplating the destruction of England as the only barrier in the way of universal conquest. But sad experience had

taught him that the only way in which he could reach that sea-girt empire was through her manufactures and commerce. His restrictive system on the continent was designed to sap and undermine these two sources of English wealth and power. In their gigantic efforts to destroy each other, these great belligerents paid no respect to neutral rights or to the laws of nations-might became right, and Robin Hood's law of the strongest was the only available rule. Whatever could affect the other injuriously was unhesitatingly adopted without regard to the effect it might have on the rights of neutral parties. They even resolved there should be no neutrals in the contest; and as the United States were the only independent power left, this warfare on their commerce was intended to force them into the controversy on the one side or the other.

The first act of hostility was commenced by Great Britain on the 16th May, 1806: the British government, by an order of the King in council, decreed that all the rivers and ports from Brest to the Elbe (being about a thousand miles of sea-coast) should be considered in a state of blockade. Where a port is actually blockaded by an adequate force, any vessel attempting to enter is liable to be captured by the besieging squadron, and to be condemned as lawful prize. But where no fleet was stationed on the prohibited coast, and the blockade merely consisted in a decree of the government, all vessels laden or sailing for the ports decreed to be in a state of siege, were liable to be captured and condemned wherever found. This was regarded as a gross violation of neutral rights; and on the 21st November, Bonaparte commenced his acts of retaliation. After charg ing England with disregarding the law of nations and the rights of neutrality, and with declaring places in a state of blockade before. which she had not a ship, he declared all the British Isles in a state of blockade, and prohibited all trade and commerce with them. He provided also in the decree (Berlin decree) for the capture and condemnation of English produce and manufactures, and prohibited all neutral ships coming direct from England or the English colonies, or having been there, from entering the ports of France.

By this decree all commerce between England and the continent and between the United States and England was intended to be cut off. Any neutral vessel (and there were none but those be

longing to citizens of the United States) sailing for England, or from an English port to the continent, was subject to capture and condemnation. The French minister, in consequence of a remonstrance on the part of the United States, gave it as his opinion, that the decree of blockade would be so qualified by the existing treaty as not to operate on American commerce. Not much respect, however, was paid to this opinion by French cruisers; and in September 1807 the decree was ordered to be fully enforced against all neutrals.

In the mean time a negotiation was going on between the commissioners of England and the United States. On the 30th of December, 1806, a treaty was signed settling amicably, if not satisfactorily, all the difficulties between the two nations. But Bonaparte's Berlin decree having come to their knowledge, the British commissioners, in a note delivered by order of the King, declared to the American commissioners, that if France should execute that decree, and the United States acquiesce in it, the British government would hold themselves discharged from the treaty and issue retaliatory orders against neutral commerce with France. Had the treaty been ratified on that condition, it would have pledged the United States to such a co-operation with Great Britain against France, as must have ended in hostilities with the one and alliance with the other. This was the object of England-but Mr. Jefferson was determined if possible to continue in his position of neutrality. The treaty was received before the adjournment of Congress, the 4th March, 1807; but he boldly suppressed it, and would not even submit it to the Senate for their consideration. He remembered too well the effect of Jay's treaty on the public mind to venture one himself. A total surrender of all her claims by Great Britain at that time would not have been acceptable, because it would have forced the United States into an alliance with England, contrary to the popular sentiment, which was decidedly in favor of the French cause. In times of peace that treaty would have been favorably received, but under existing circumstances, the President had no intention of suffering himself to be treaty-foundered as his predecessors had been. Mr. Monroe, the principal negotiator, was much offended at the rejection or rather unceremonious suppression of his treaty; he had hoped to gain much credit by this act of pacification.

In the mean time the affair of the Chesapeake took place, which

greatly inflamed the public mind. A British squadron it seems was lying near the mouth of Hampton Roads, in Lynnhaven Bay; several sailors deserted and took refuge on board the American frigate Chesapeake, then in the port of Norfolk, fitting out for sea, the sailors were demanded, but were refused to be given up on the ground that they were American citizens. As the Chesapeake, on her destined voyage, passed out of the Capes, she was followed by a British vessel detached from the squadron for that purpose; so soon as the Chesapeake got out of neutral waters into the ocean, she was fired upon, her hull and rigging were much injured and several persons were killed; she was boarded, the sailors recaptured, and some of them were put to death. This gross outrage, though unauthorized and disavowed by the government, had an unhappy effect on the public mind in the United States. A spirit of revenge seized the people; and although England sent over a special minister to settle the difficulty, a slight punctilio in the forms and etiquette of diplomacy was seized upon as a pretext to prevent any advancements or explanations on the part of the British envoy.

Such was the situation of affairs, when, on the 11th of November, 1807, before the Berlin decree had been enforced against American vessels, and while the government had reason to hope it would not be enforced, Great Britain executed her threat intimated at the signing of the treaty. By an order in council (with a preamble, charging France with a want of respect to the laws of nations and rights of neutrality), it was decreed that all the ports and places of France and her allies, or any other country at war with his majesty, and all other ports and places in Europe from which, although not at war with his majesty, the British flag is excluded, and all ports and places in the colonies belonging to his majesty's enemies, shall from henceforth be subject to the same restrictions, in point of trade and navigation, (with certain exceptions,) as if the same were actually blockaded by his majesty's naval forces, in the most strict and vigor

ous manner.

By these acts of England and France, professing to be acts of retaliation, and not at all in a spirit of hostility to the United States, the neutral commerce of America was entirely destroyed. Not a vessel could sail to Europe or to England, to the vast colonial regions of North and South America, and the East and West Indies, without

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being subject to capture and condemnation. The trade of the whole world, in fact, was interdicted, and could not be carried on without the risk of forfeiture. Both belligerents, however, had distinctly intimated that if the United States would side with them, every advantage should be given to their commerce. But this is what they did not intend to do; they did not mean to surrender all the advantages they had hitherto enjoyed from their neutral position, if it could be avoided. To side with England was war with France-with France was war with England. Mr. Jefferson was not prepared for either alternative. What was to be done? Commerce, left thus exposed, must be ground into powder between the upper and nether millstone, and be scattered as chaff before the winds of heaven. The President advised a dignified retirement from the ocean, until the storm should have passed over. For the first time since our difficulties with foreign nations, he took the responsibility of advising a definite course of action. In a secret message to Congress, about the 19th of December, 1807, he recommended that an embargo should be laid on all American vessels. In a few days a bill to that effect was passed into a law all American vessels were prohibited, under high penalties, from sailing to foreign ports, or from port to port within the United States, without license.

The measure of an embargo was at first advocated by Mr. Randolph. He introduced the resolution, in accordance with the President's message; but the bill which was finally adopted, originated in the Senate; it contained provisions that he could not approve, and he opposed it on its passage. This is given as an instance of Mr. Randolph's fickleness and want of object in his parliamentary course. The debates were conducted in secret-in fact, the bill was hurried through the forms of legislation, with scarcely any debate. We do not know, therefore, what was said on the occasion, and are left to infer the grounds of Mr. Randolph's opposition to the bill, from his general views on the subject of an embargo. He approved of such a step in the beginning, as a war measure. An embargo of sixty or ninety days, collecting and protecting all our resources, followed by a declaration of war, at the end of that period, against that one of the belligerents whose restrictive course manifested the strongest spirit of hostility, would have fulfilled Mr. Randolph's idea of such a measBut such was not the intention of the friends of the adminis

ure.

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