Sea Power in its Relations to the War of 1812. Volume 1

The Orders in Council of November 11, 1807, therefore forbade all entrance to ports of the countries which had embraced the Continental system. It was not pretended that they would be blockaded effectively. "All ports from which the British flag is excluded shall from henceforth be subject to the same restrictions, in point of trade and navigation, with the exceptions hereinafter mentioned, as if the same were actually blockaded in the most strict and rigorous manner by his Majesty's naval forces." The exception was merely that a vessel calling first at a British port would be allowed to proceed to one of those prohibited, after paying certain duties upon her cargo and obtaining a fresh clearance. This measure was instituted by the Executive, in pursuance of the custom of regulating trade with America by Orders in Council, prevalent since 1783; but it received legislative sanction by an Act of Parliament, March 28, 1808, which fixed the duties to be paid on the foreign goods thus passing through British custom-houses. Cotton, for instance, was to pay nine pence a pound, an amount intended to be prohibitory; tobacco, three halfpence. These were the two leading exports of United States domestic produce. In the United States this Act of Parliament was resented more violently, if possible, than the Order in Council itself. In the colonial period there had been less jealousy of the royal authority than of that of Parliament, and the feeling reappears in the discussion of the present measures. "This," said a Virginia senator,211 "is the Act regulating our commerce, of which I complain. An export duty, which could not be laid in Charleston because forbidden by our Constitution, is laid in London, or in British ports." It was literally, and in no metaphorical sense, the reimposition of colonial regulation, to increase the revenues of Great Britain by reconstituting her the entrepôt of commerce between America and Europe. "The Orders in Council," wrote John Quincy Adams in a public letter, "if submitted to, would have degraded us to the condition of colonists."212

This just appreciation preponderated over other feelings throughout the middle and southern states. Adams, a senator from Massachusetts, had separated himself in action and opinion from the mass of the people in New England, where, although the Orders were condemned, hatred of Napoleon and his methods overbore the sense of injury received from Great Britain. The indignation of the supporters of the Administration was intensified by the apparent purpose of the British Government to keep back information of the measure. Rose had sailed the day after its adoption, Monroe two days later, but neither brought any official intimation of its issuance, although that was announced in the papers of the day. "The Orders in Council," wrote Adams, "were not merely without official authenticity. Rumors had been for several weeks in circulation, derived from English prints and from private correspondence, that such Orders were to issue,213 and no inconsiderable pains were taken to discredit the facts. Suspicions were lulled by declarations equivalent as nearly as possible to positive denial, and these opiates were continued for weeks after the embargo was laid, until Mr. Erskine received orders to make official communication of the Orders themselves, in proper form, to our Government."214 This remissness, culpable as it certainly was in a matter of such importance, was freely attributed to the most sinister motives. "These Orders in Council were designedly concealed from Mr. Rose, although they had long been deliberated upon, and almost matured, before he left London. They were the besom which was intended to sweep, and would have swept, our commerce from the ocean. Great Britain in the most insidious manner had issued orders for the entire destruction of our commerce."215

The wrath was becoming, but in this particular the inference was exaggerated. The Orders, modelled on the general plan of blockades, provided for the warning of a vessel which had sailed before receiving notification; and not till after a first notice by a British cruiser was she liable to capture. Mention of such cases occurs in the journals of the day.216 Some captains persisted, and, if successful in reaching a port under Napoleon's control, found themselves arrested under a new Decree,—that of Milan,—for having submitted to a visit they could not resist. Such were sequestered, subject to the decision of the United States to take active measures against Great Britain. "Arrived at New York, March 23, [1808], ship 'Eliza,' Captain Skiddy, 29 days from Bordeaux. All American vessels in France which had been boarded by British cruisers were under seizure. The opinion was, they would so remain till it was known whether the United States had adjusted its difficulties with Great Britain, in which case they would be immediately condemned. A letter from the Minister of Marine was published that the Decree of Milan must be executed severely, strictly, and literally."217 Independent of a perpetual need to raise money, by methods more consonant to the Middle Ages than to the current period, Napoleon thus secured hostages for the action of the United States in its present dilemma.

The Orders in Council of November 11, having been announced in English papers of the 10th, 11th, and 12th, appeared in the Washington "National Intelligencer" of December 18.218 The general facts were therefore known to the Executive and to the Legislature; and, though not officially adduced, could not but affect consideration, when the President, on December 18, 1807, sent a message to Congress recommending "an inhibition of the departure of our vessels from the ports of the United States." With his customary exaggerated expression of attendance upon instructions from Congress, he made no further definition of wishes which were completely understood by the party leaders. "The wisdom of Congress will also see the necessity of making every preparation for whatever events may grow out of the present crisis." Accompanying the message, as documents justificatory of the action to be taken, were four official papers. One was the formal communication to the French Council of Prizes of Napoleon's decision that goods of English origin were lawful prize on board neutral vessels; the second was the British proclamation directing the impressment of British seamen found on board neutral ships. These two were made public. Secrecy was imposed concerning the others, which were a letter of September 24, from Armstrong to the French Minister of Exterior Relations, and the reply, dated October 7. In this the minister, M. Champagny, affirmed the Emperor's decision, and added a sentence which, while susceptible of double meaning, certainly covertly suggested that the United States should join in supporting the Berlin Decree. "The decree of blockade has now been issued eleven months. The principal Powers of Europe, far from protesting against its provisions, have adopted them. They have perceived that its execution must be complete to render it more effectual, and it has seemed easy to reconcile these measures with the observance of treaties, especially at a time when the infractions by England of the rights of all maritime Powers render their interests common, and tend to unite them in support of the same cause."219 This doubtless might be construed as applicable only to the European Powers; but as a foremost contention of Madison and Armstrong had been that the Berlin Decree contravened the treaty between France and the United States, the sentence lent itself readily to the interpretation, placed upon it by the Federalists, that the United States was invited to enforce in her own waters the continental system of exclusion, and so to help bring England to reason.

This the United States immediately proceeded to do. Though the motive differed somewhat, the action was precisely that suggested. On the same day that Jefferson's message was received, the Senate passed an Embargo Bill. This was sent at once to the House, returned with amendments, amendments concurred in, and bill passed and approved December 22. This rapidity of action—Sunday intervened—shows a purpose already decided in general principle; while the enactment of three supplementary measures, before the adjournment of Congress in April, indicates a precipitancy incompatible with proper weighing of details, and an avoidance of discussion, commendable only on the ground that no otherwise than by the promptest interception could American ships or merchandise be successfully jailed in port. The bill provided for the instant stoppage of all vessels in the ports of the United States, whether cleared or not cleared, if bound to any foreign port. Exception was made only in favor of foreign ships, which of course could not be held. They might depart with cargo already on board, or in ballast. Vessels cleared coastwise were to be deterred from turning foreign by bonds exacted in double the value of ship and cargo. American export and foreign navigation were thus completely stopped; and as the Non-Importation Act at last went into operation on December 14,220 there was practical exclusion of all British vessels, for none could be expected to enter a port where she could neither land her cargo nor depart.

In communicating the embargo to Pinkney, for the information of the British Government,221 Madison was careful to explain, as he had to the British minister at Washington, that it was a measure of precaution only; not to be considered as hostile in character. This was scarcely candid; coercion of Great Britain, to compel the withdrawal of her various maritime measures objectionable to the United States, was at least a silent partner in the scheme, as formulated to the consciousness of Jefferson and his followers.222 The motive transpired, as such motives necessarily do; but, even had it not, the operation of the Act, under the conditions of the European war, was so plainly partial between the two belligerents, as to amount virtually to co-operation with Napoleon by the preponderance of injury done to Great Britain. It deprived her of cotton for raw material; of tobacco, which, imported in payment for British manufactures, formed a large element in her commerce with the Continent; of wheat and flour, which to some extent contributed to the support of her people, though in a much less degree than many supposed. It closed to her the American market at the moment that Napoleon and Alexander were actively closing the European; and it shut off from the West Indies American supplies known to be of the greatest importance, and fondly, but mistakenly, believed to be indispensable.

All this was well enough, if national policy required. Great Britain then was scarcely in a position to object seriously to retaliation by a nation thinking itself injured; but to define such a measure as not hostile was an insult to her common-sense. It was certainly hostile in nature, it was believed to be hostile in motive, and it intensified feelings already none too friendly. In France, although included in the embargo, and although her action was one of the reasons alleged for its institution, Napoleon expressed approval. It was injurious to England, and added little to the pressure upon France exerted by the Orders in Council through the British control of the ocean. Senator Smith of Maryland, a large shipping merchant, bore testimony to this. "It has been truly said by an eminent merchant of Salem, that not more than one vessel in eight that sailed for Europe within a short time before the embargo reached its destination. My own experience has taught me the truth of this; and as further proof I have in my hand a list of fifteen vessels which sailed for Europe between September 1 and December 23, 1807. Three arrived; two were captured by French and Spaniards; one was seized in Hamburg; and nine carried into England. But for the embargo, ships that would have sailed would have fared as ill, or worse. Not one in twenty would have arrived." Granting the truth of this anticipation, Great Britain might have claimed that, so far as evident danger was concerned, her blockades over long coast-lines were effective.

The question speedily arose,—If the object of embargo be precaution only, to save our vessels from condemnation under the sweeping edicts of France and Great Britain, and seamen from impressment on American decks, why object to exporting native produce in foreign bottoms, and to commerce across the Canada frontier? If, by keeping our vessels at home, we are to lose the profits upon sixty million dollars' worth of colonial produce which they have heretofore been carrying, with advantage to the national revenue, why also forbid the export of the forty to fifty million dollars' worth of domestic produce which foreign ship-owners would gladly take and safely carry? for such foreigners would be chiefly British, and would sail under British convoy, subject to small proportionate risk.223 Why, also, to save seamen from impressment, deprive them of their living, and force them in search of occupation to fly our ports to British, where lower wages and more exposure to the pressgang await them? On the ground of precaution, there was no reply to these questions; unless, perhaps, that with open export of domestic produce the popular suffering would be too unequally distributed, falling almost wholly on New England shipping industries. Logically, however, if the precaution were necessary, the suffering must be accepted; its incidence was a detail only. The embargo was distinctly a hostile measure; and more and more, as people talked, in and out of Congress, was admitted to be simply an alternative for open war.

As such it failed. It entailed most of the miseries of war, without any of its compensations. It could not arouse the popular enthusiasm which elevates, nor command the popular support that strengthens. Hated and despised, it bred elusion, sneaking and demoralizing, and so debased public sentiment with reference to national objects, and individual self-sacrifice to national ends, that the conduct of the many who now evaded it was reproduced, during the War of 1812, in dealings with the enemy which even now may make an American's head hang for shame. Born of the Jeffersonian horror of war, its evil communication corrupted morals among those whose standards were conventional only; for public opinion failed to condemn breaches of embargo, and by a natural declension equally failed soon after to condemn aid to the enemy in an unpopular war. Was it wonderful that an Administration which bade the seamen and the ship-owners of the day to starve, that a foreign state might be injured, and at the same time refused to build national ships to protect them, fell into contempt? that men, so far as they might, simply refused to obey, and wholly departed from respect? "I have believed, and still do believe," wrote Mr. Adams, "that our internal resources are competent to establish and maintain a naval force, if not fully adequate to the protection and defence of our commerce, at least sufficient to induce a retreat from these hostilities, and to deter from the renewal of them by either of the harrying parties;" in short, to compel peace, the first object of military preparation. "I believed that a system to that effect might be formed, ultimately far more economical, and certainly more energetic than a three years' embargo. I did submit such a proposition to the Senate, and similar attempts had been made in the House of Representatives, but equally discountenanced."224 This was precisely the effect of Jefferson's teaching, which then dominated his party, and controlled both houses. At this critical moment he wrote, "Believing, myself, that gunboats are the only water defence which can be useful to us, and protect us from the ruinous folly of a navy, I am pleased with everything which promises to improve them."225

Not thus was a nation to be united, nor foreign governments impressed. The panacea recommended was to abandon the sea; to yield practical submission to the Orders in Council, which forbade American ships to visit the Continent, and to the Decrees of Napoleon, which forbade them entrance to any dominion of Great Britain. By a curious mental process this was actually believed to be resistance. The American nation was to take as its model the farmer who lives on his own produce, sternly independent of his neighbor; whose sons delved, and wife span, all that the family needed. This programme, half sentiment, half philosophy, and not at all practical, or practicable, was the groundwork of Jefferson's thought. To it co-operated a dislike approaching detestation for the carrying trade; the very opposite, certainly, of the other ideal. American shipping was then handling sixty million dollars' worth of foreign produce, and rolling up the wealth which for some reason follows the trader more largely than the agriculturist, who observed with ill-concealed envy. "I trust," wrote Jefferson, "that the good sense of our country will see that its greatest prosperity depends on a due balance between agriculture, manufactures, and commerce, and not on this protuberant navigation, which has kept us in hot water from the commencement of our government. This drawback system enriches a few individuals, but lessens the stock of native productions, by withdrawing all the hands [seamen] thus employed. It is essentially necessary for us to have shipping and seamen enough to carry our surplus products to market, but beyond that I do not think we are bound to give it encouragement by drawbacks or other premiums." This meant that it was unjust to the rest of the community to allow the merchant to land his cargo, and send it abroad, without paying as much duty as if actually consumed in the country. "This exuberant commerce brings us into collision with other Powers in every sea, and will force us into every war with European Powers." "It is now engaging us in war."226

Whether for merchant ships or navies the sea was odious to Jefferson's conception of things. As a convenient medium for sending to market surplus cotton and tobacco, it might be tolerated; but for that ample use of it which had made the greatness of Holland and England, he had only aversion. This prepossession characterized the whole body of men, who willingly stripped the seaman and his employers of all their living, after refusing to provide them with an armed protection to which the resources of the state were equal. Up to the outbreak of the war not a ship was added to the navy. With this feeling, Great Britain, whose very being was maritime, not unnaturally became the object of a dislike so profound as unconsciously to affect action. Napoleon decreed, and embargoed, and sequestered, with little effect upon national sentiment outside of New England. "Certainly all the difficulties and the troubles of the Government during our time proceeded from England," wrote Jefferson soon after quitting office,227 to Dearborn, his Secretary of War. "At least all others were trifling in comparison." Yet not to speak of the Berlin Decree, by which ships were captured for the mere offence of sailing for England,228 Bonaparte, by the Bayonne Decree, April 17, 1808, nearly a year before Jefferson left office, pronounced the confiscation of all American vessels entering ports under his control, on the ground that under the existing embargo they could not lawfully have left their own country; a matter which was none of his business. Within a year were condemned one hundred and thirty-four ships and cargoes, worth $10,000,000.229

That Jefferson consciously leaned to France from any regard to Napoleon is incredible; the character and procedures of the French Emperor were repugnant to his deepest convictions; but that there was a still stronger bias against the English form of government, and the pursuit of the sea for which England especially stood, is equally clear. Opposition to England was to him a kind of mission. His best wish for her had been that she might be republicanized by a successful French invasion.230 "I came into office," he wrote to a political disciple, "under circumstances calculated to generate peculiar acrimony. I found all the offices in the possession of a political sect, who wished to transform it ultimately into the shape of their darling model, the English government; and in the meantime to familiarize the public mind to the change, by administering it on English principles, and in English forms. The elective interposition of the people had blown all their designs, and they found themselves and their fortresses of power and profit put in a moment in the hand of other trustees."231

These words, written in the third of the fifteen embargo months, reveal an acrimony not wholly one-sided. It was perceived by the parties hardest hit by this essentially Jeffersonian scheme; by the people of New England and of Great Britain. In the old country it intensified bitterness. In the following summer, at a dinner given to representatives of the Spanish revolt against Napoleon, the toast to the President of the United States was received with hisses,232 "and the marks of disapprobation continued till a new subject drew off the attention of the company." The embargo was not so much a definite cause of complaint, for at worst it was merely a retaliatory measure like the Orders in Council. Enmity was recognized, alike in the council boards and in the social gatherings of the two peoples; the spirit that leads to war was aroused. Nor could this hostile demonstration proceed from sympathy with the Spanish insurgents; for, except so far as might be inferred from the previous general course of the American Administration, there was no reason to believe that they would regard unfavorably the Spanish struggle for liberty. Yet they soon did, and could not but do so.

It is a coincidence too singular to go unnoticed, that the first strong measure of the American Government against Great Britain—Embargo—was followed by Napoleon's reverses in Spain, which, by opening much of that country and of her colonies to trade, at once in large measure relieved Great Britain from the pressure of the Continental system and the embargo; while the second, the last resort of nations, War, was declared shortly before the great Russian catastrophe, which, by rapidly contracting the sphere of the Emperor's control, both widened the area of British commerce and deprived the United States of a diversion of British effort, upon which calculation had rightly been based. It was impossible for the American Government not to wish well to Napoleon, when for it so much depended upon his success; and to wish him well was of course to wish ill to his opponents, even if fighting for freedom.

Congress adjourned April 25, having completed embargo legislation, as far as could then be seen necessary. On May 2 occurred the rising in Madrid, consequent upon Napoleon's removal of the Spanish Royal Family; and on July 21 followed the surrender of Dupont's corps at Baylen. Already, on July 4, the British Government had stopped all hostilities against Spain, and withdrawn the blockade of all Spanish ports, except such as might still be in French control. On August 30, by the Convention of Cintra, Portugal was evacuated by the French, and from that time forward the Peninsula kingdoms, though scourged by war, were in alliance with Great Britain; their ports and those of their colonies open to her trade.

This of itself was a severe blow to the embargo, which for coercive success depended upon the co-operation of the Continental system. It was further thwarted and weakened by extensive popular repudiation in the United States. The political conviction of the expediency, or probable efficacy, of the measure was largely sectional; and it is no serious imputation upon the honesty of its supporters to say that they mustered most strongly where interests were least immediately affected. Tobacco and cotton suffered less in keeping than flour and salt fish; and the deterioration of these was by no means so instant as the stoppage of a ship's sailing or loading. The farmer ideal is realizable on a farm; but it was not so for the men whose sole occupation was transporting that which the agriculturist did not need to markets now closed by law. Wherever employment depended upon commerce, distress was immediate. The seamen, improvident by habit, first felt the blow. "I cannot conceive," said Representative [afterwards Justice] Story, "why gentlemen should wish to paralyze the strength of the nation by keeping back our naval force, and particularly now, when many of our native seamen (and I am sorry to say from my own knowledge I speak it) are starving in our ports."233 The Commandant of the New York Navy Yard undertook to employ, for rations only, not wages, three hundred of those adrift in the streets; the corporation of the city undertaking to pay for the food issued.234 They moved off, as they could get opportunity, towards the British Provinces; and thus many got into the British service, by enlistment or impressment. "Had your frigate arrived here instead of the Chesapeake," wrote the British Consul General at New York, as early as February 15, 1808, "I have no doubt two or three hundred able British seamen would have entered on board her for his Majesty's service; and even now, was your station removed to this city, I feel confident, provided the embargo continues, you would more than complete your complement."235 Six months later, "Is it not notorious that not a seaport in the United States can produce seamen enough to man three merchant ships?"236 In moving the estimates for one hundred and thirty thousand seamen a year later (February, 1809), the Secretary of the Admiralty observed that Parliament would learn with satisfaction that the number of seamen now serving in the navy covered, if it did not exceed, the number here voted.237 It had not been so once. Sir William Parker, an active frigate captain during ten years of this period, wrote in 1805, "I dread the discharge of our crew; for I do not think the miserable wretches with which the ships lately fitted out were manned are equal to fight their ships in the manner they are expected to do."238 The high wages, which the profits of the American merchant service enabled it to pay, outbade all competition by the British navy. "Dollars for shillings," as the expression ran. The embargo stopped all this, and equivalent conditions did not return before the war. The American Minister to France in 1811 wrote: "We complain with justice of the English practice of pressing our seamen into their service. But the fact is, and there is no harm in saying it, there are at present more American seamen who seek that service than are forced into it."239