M

ANY and urgent had been the complaints, in the maritime districts of the country, against the continuance of the embargo law; and one of the first acts of Congress, under the new president, was to repeal it; but at

the same time, to prohibit all intercourse with France and England. These two nations, in order to accomplish their ambitious views against each other, mutually resorted to unprecedented measures, wholly unauthorized by the long-established rules of civilized warfare. They assailed the rightful commerce of the United States, by public and authorized spoliations, under orders in council, proclamations of blockade, admiralty adjudications, and right of search, on the one hand; and imperial decrees, captures and conflagrations on the other; both equally rendering it, and all concerned in it, the victims of their passions, devices, usurpations, and injustice. In this course of unjustifiable outrage, the two nations had persevered since the year 1805.

The government of the United States, through the ministers at the two courts, made repeated representations of the injuries inflicted on their commerce, and the insults offered to

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66

MR. ERSKINE'S MISSION.

their officers on the ocean, and remonstrated against their conduct towards a neutral power. But their remonstrances, hitherto, had been useless. They were ineffectual in procuring any redress, even of the slightest of those numerous injuries, of which they complained.

Shortly after the election of Mr. Madison, the repeal of the embargo, and the substitution of a less obnoxious law, was thought by the British government, a fit opportunity for opening negotiations for the adjustment of existing difficulties with the United States. Accordingly, Mr. Erskine, the minister plenipotentiary from his Britannic Majesty to the United States, proposed an arrangement with the American government, on the following basis: 1st. That reparation should be made for the outrage upon the frigate Chesapeake, by the restoration of the men taken out of her, and by the British government making provision for the unfortunate sufferers, in addition to the disavowal by his Britannic Majesty, and the recall of Admiral Berkly. 2d. That the orders in council should be withdrawn, so far as respected the United States, provided the latter would repeal the prohibition of the intercourse with Great Britain. 3d. That an envoy extraordinary should be sent from Great Britain, with power to conclude a treaty on all the points of difference between the two countries. This was ratified by the President, on the 23d of April; and a proclamation was issued, declaring, that as it had been officially communicated to the American government, that the British orders in council would be repealed on the 10th of June, after that day, the trade of the United States with Great Britain, inhibited by acts of Congress, might be renewed. The gleam of prosperity, however, which this event threw over the prospects of the nation, was not destined to be of long continuance. No sooner had the intelligence of the agreement reached England, than it was disavowed by the government. Mr. Erskine was immediately recalled, on the ground that he had exceeded his instructions; and the American government was informed that the arrangement would not be ratified. The President's proclamation was revoked,

CONDUCT OF MR. JACKSON.

67 and the relation between the two countries restored to its former footing.

In October, Mr. Jackson was sent to supersede Mr. Erskine as British ambassador at Washington. He, however, soon gave offence to the government. On being called upon by the secretary of state to explain the reasons why his government had disavowed the proceedings of his predecessor, he said that Mr. Erskine had exceeded his instructions, and he even presumed to insinuate that the administration was aware that his proposition was unauthorized, and therefore, could not be obligatory on the British government. Such an allegation, imputing not only duplicity, but a departure from truth, to the officers of an independent government, could not be tolerated. The secretary of state informed him that the American government had no such knowledge; and remonstrated in forcible terms against this offensive style of communication. Jackson's answer was only a repetition of the assertion. He was told that it was highly indecorous to contradict the solemn declarations of the government. The offence being again repeated, Mr. Jackson was officially informed, that for the purpose of avoiding future insults, no further communication would be received from him.* On a representation of his conduct to the British government, he was recalled; and, after the expiration of a year and a half, Mr. Foster was appointed to succeed him.

Before the arrival of Mr. Foster in the United States, an event occurred which added another to the subjects of difference between the two countries, and threatened to postpone still further the prospect of accommodation. On the 16th of May, 1811, the United States frigate President, commanded by Commodore Rodgers, while cruising off the Capes of Virginia, discovered at noon a vessel which soon appeared to be a man-of-war. Sail was made in chase, for the purpose of discovering to what nation she belonged. At fifteen or twenty minutes after seven in the evening, the flag of the stranger was hoisted; but the darkness prevented the American officers

*Secretary of State to Mr. Jackson, Nov. 8th, 1809.

68

AFFAIR OF THE LITTLE BELT.

from distinguishing what nation it represented. Soon after eight, having arrived within a short distance of her, Commodore Rodgers hailed and inquired her name. Without returning an answer, the question was repeated by the commander of the strange vessel, from which a shot was soon fired, which struck the main-mast of the President. The fire was immediately returned by the latter, and continued for a few minutes, when, finding his antagonist to be a vessel of much inferior force, her fire being almost silenced, Commodore Rodgers directed that of the President to cease. On hailing, he discovered that the ship to which he had been opposed, was the British sloop-of-war, Little Belt, Captain Bingham, of eighteen guns. Thirty-two of her men were killed or wounded during the action, and the vessel very much disabled. On board the President there were none killed, and but one (a boy) wounded.

A court of inquiry was held by order of the President on the conduct of Commodore Rodgers, in which it was proved, beyond the shadow of a doubt, that the first gun was fired from the Little Belt.

The Emperor Napoleon had hitherto relaxed nothing of what was called his continental system. He continued to carry into rigid operation, his several decrees of Berlin, Milan, Rambouillet, and Fontainbleau; which he did not attempt to justify by any apology but the plea of the British example. He openly declared to the world, that they entered into his deliberate plans, to reduce within proper bounds the maritime supremacy usurped by Great Britain, and to wrest from her the power to tyrannize upon the ocean. In doing this, however, his decrees prejudicial to the commerce of the United States, were still continued. On the 1st of May, 1810, an act of Congress was passed, declaring that if either Great Britain or France should, before the 3d day of March, 1811, so revoke or modify her edicts, as that they should cease to violate the neutral commerce of the United States, which fact the President should declare by proclamation; and if the other nation should not, within three months thereafter, revoke its edicts

FRENCH AND BRITISH DECREES.

69

in like manner; then the non-intercourse law should, after the expiration of three months from the date of the proclamation, be revived, and have full force and effect so far as regarded the nation neglecting to revoke them; and that the restrictions imposed by that act should be discontinued, in relation to the nation so revoking or modifying her decrees.

This act having been officially communicated to the governments of Great Britain and France, the minister of the latter, by note, bearing date the 5th of August, 1810, addressed to the minister plenipotentiary of the United States at Paris, declared that the decrees of Berlin and Milan were revoked; the revocation to take effect on the first of November following; but stating, that this measure was adopted in compliance with the law of the 1st of May, 1810, to take advantage of the condition contained in it, and in full confidence that the condition would be enforced against Great Britain, if she did not revoke her orders in council, and renounce the new principles of blockade.

The President of the United States, reposing with confidence in the sincerity of this declaration, issued, on the 2d of November, 1810, his proclamation, announcing that all restrictions on the trade of the United States with France had then ceased.

Great Britain, however, persisted in the course she had so steadily pursued, declaring that the decrees of France had not been repealed, or even modified, notwithstanding the proclamation of the President to the contrary. Accordingly, on the 2d of March, 1811, Congress renewed the non-intercourse law against Great Britain, to have full force until she should revoke or modify her edicts, and the President of the United States should declare the fact by proclamation.

On the 10th of May, 1812, Mr. Barlow, the minister at Paris, obtained a decree of the French government, dated April 28th, 1811, confirming the extinction of the French decrees of Berlin and Milan, which, when presented to the British government, left them no pretence for further continuing their orders in council. The British cabinet, after