4. THE EMBARGO

a.

Encroachments upon the Neutral Rights of American
Commerce:

Resolution of United States Senate (Feb. 12, 1806). “Resolved, That the capture and condemnation, under the orders of the British Government, and adjudications of their courts of Admiralty, of American vessels and their cargoes, on the pretext of their being employed in a trade with the enemies of Great Britain, prohibited in time of peace, is an unprovoked aggression upon the property of the citizens of these United States, a violation of their neutral rights. . . 2. Resolved, That the President . . . be requested . . . to enter into such arrangements with the British Government, . . . particularly respecting the impressment of American seamen, as may obtain for themselves and their citizens, that justice to

which they are entitled." 23

President Jefferson to Congress (Oct. 27, 1807). "Circumstances, fellow citizens, which seriously threatened the peace of our country, have made it a duty to convene you at an earlier period than usual. . . . The many injuries and depredations committed on our commerce and navigation upon the high seas for years past . . are already known to you. . . On the 22nd day of June last, by a formal order from the British admiral, the frigate Chesapeake, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed, and four taken away. On this outrage no commentaries are necessary. Its character has been pronounced by the indignant voice of our citizens with an emphasis and unanimity never exceeded. I immediately . . interdicted our harbors and waters to all British armed vessels, forbad intercourse with them . . . and such preparations [were] pursued as the prospects rendered proper. An armed vessel of the United States was dispatched . . . to our ministers at London to call on that government for the satisfaction and security required by the outrage. The aggression thus begun has been continued on the part of the

23. T. H. Benton, Abridgment of Congressional Debates, III, 355.

British commanders, by remaining within our waters, in defiance of the authority of the country. . . . To former violations of maritime rights, another is now added of very extensive effect. The government of that nation [England] has issued an order interdicting all trade by neutrals between ports not in amity with them; . . . Under this new law of the ocean, our trade with the Mediterranean has been swept away and that in other seas is threatened with the same fate.” 24 Order of the King's Council of Great Britain (Nov. 11, 1807). "Whereas certain orders . . . were, sometime since, issued by the Government of France, by which the British islands were declared to be in a state of blockade.' His Majesty is therefore pleased, by and with the advice and consent of His Privy Council, to order, . . . that all the ports and places of France and her allies, or of any other country at war with his Majesty, and all other places in Europe, from which, although not at war with His Majesty, the British flag is excluded, and all ports or places in the colonies belonging to His Majesty's enemies, shall, . . . be subject to the same restrictions in point of trade and navigation, . if the same were actually blockaded by His Majesty's naval forces, in the most strict and rigorous manner; and . . all trade in articles which are the produce or manufacture of the said countries or colonies, shall be deemed . . unlawful. . . . ” 25

as

Order of Napoleon, Emperor of the French (Milan, Dec. 17, 1807). "Observing the measures adopted by the British Government, on the 11th November last, by which vessels belonging to neutral, friendly or even Powers the allies of England, are made liable, not only to be searched by English cruisers, but to be compulsorily detained in England, and to have a tax laid on them, . . we do decree as follows: Art. 1. Every ship . . . that shall have submitted to be searched by an English ship, . ., or shall have paid any tax . . . to the English government, is . . . declared to be denationalized. Art. 2. . . . [such] Ships are declared to be good and lawful prizes. Art. 3. The British islands are declared to be in a

24. Lipscomb, Writings of Jefferson, III, 444-447.

25. Gales & Seaton, Annals of Congress, 1808-09, appendix, 1698-1699.

state of blockade, both by land and sea. Every ship, . . . that sails from the ports of England, or those of the English colonies, . . . and proceeding to England, or to the English colonies, or to countries occupied by English troops, is good and lawful prize, . . . Art. 4. These measures, which are resorted to only in just retaliation of the barbarous system adopted by England, .. shall cease to have any effect with respect to all nations who shall have the firmness to compel the English Government to respect their flag." 26

President Jefferson to Congress (Nov. 8, 1808). "The suspension of our foreign commerce and the consequent

losses and sacrifices of our citizens are subjects of just concern. The situation into which we have thus been forced has impelled us to apply a portion of our industry and capital to internal manufactures and improvements. The extent is daily increasing, and little doubt remains that the establishments formed and forming will-under the auspices of cheaper materials and subsistence, the freedom of labor from taxation with us, and of protecting duties and prohibitions,-become permanent." 27

b. The Embargo and Its Effects, 1807-1811:

President Jefferson to Congress (Special Message, Dec. 18, 1807.) "The communications now made, showing the great and increasing dangers with which our vessels, our seamen, and merchandise, are threatened on the high seas and elsewhere, from the belligerent powers of Europe, and it being of great importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States." 28

Act of Congress (Dec. 21, 1807). "Be it enacted by the Senate and House of Representatives . . . That an embargo be laid on all ships and vessels in the ports and places within

26. Gales & Seaton, Annals of Congress for 1808-09, appendix, 1751-1752. 27. Lipscomb, Writings of Jefferson, III, 483.

28, Lipscomb, Writings of Jefferson, III, 455-456.

the limits . . . of the United States, cleared or not cleared, bound to any foreign port or place."

" 29

General Armstrong (Paris) to Secretary of State Madison (Aug. 30, 1808). "(Confidential). We have somewhat overrated our means of coercing the two belligerants to a course of justice. The embargo is a measure calculated, above all other, to keep us whole and keep us in peace; but, beyond this, you must not count upon it. Here it is not felt, and in England it is forgotten. I hope that, unless France shall do us justice, we will raise the embargo, and make in its stead the experiment of an armed commerce.

"30

Jefferson to Thos. Leib (June 23, 1808). "They [Radical Federalists] are endeavoring to convince England that we suffer more by the embargo than they do, and if they will but hold out awhile, we must abandon it. It is true, the time will come when we must abandon it. But if this is before the repeal of the orders in council, we must abandon it only for a state of war. The day is not distant, when that will be preferable to a longer continuance of the embargo. But we can never remove that, and let our vessels go out and be taken under these orders, without making reprisals." 31

Campbell Report on Embargo (Report of a Special Committee of the House, Nov. 22, 1808). "What course ought the United States to pursue? Your committee can perceive no other alternative but abject and degrading submission, war with both nations, or a continuance and enforcement of [the embargo]. The first can not require any discussion. . . There is no alternative but war with both parties or a comtinuance of the present system. [The Committee then reports a Resolution:] Resolved, That the United States cannot, without a sacrifice of their rights, honor, and independence, submit to the late edicts of Great Britain and France." 33

32

Representative Quincy, Federalist, Mass. (Debating the Campbell report and resolution). "This embargo must be re

29. T. H. Benton, Abridgment of Congressional Debates, III, 642. 30. Gales & Seaton, Annals of Congress for 1808-09, p. 1684.

31. Lipscomb, Writings of Jefferson, XII, 77.

32. American State Papers, Foreign Relations, III, 259.

33. T. H. Benton, Abridgment of Congressional Debates, IV, 48.

pealed. You cannot enforce it for any important period of time longer. . I mean not to intimate insurrection or open defiance although it is impossible to foresee in what acts that 'oppression' will finally terminate, which, we are told, 'makes wise men mad.' . . Thousands in New England see in the continuance of this embargo ruin to themselves and

their families." 34

Speech of Governor Trumbull (Federalist) to the Connecticut Legislature (Feb. 23, 1809). "Whenever our national legislature is led to overleap the prescribed bounds of their constitutional powers, on the State legislatures in great emergencies devolves the arduous task,-it is their right, it becomes their duty, to interpose their protecting shield between the rights and liberties of the people and the assumed power of the general government."

a.

5.

TRANSFORMATION OF THE REPUBLICAN PARTY, 1810-1812

Young Republican demand for a more National Policy: Speeches of Henry Clay of Kentucky (In Congress, 18101813).

Dec. 25, 1810.—“. . . Mr. President, I have before said on this floor, that I most sincerely desire peace and amity

with England,

But if she persists in a denial of justice

to us, or if she avails herself of the Occupation of West Florida, to commence war upon us, I trust and hope that all hearts will unite, in a bold and vigorous vindication of our rights." 36

On Bill to Raise Troops, Dec. 31, 1811.-"The difference between those who were for fifteen thousand, and those who were for twenty-five thousand men, appeared to him to resolve itself into the question, merely, of a short or protracted war; a war of vigor, or a war of languor and imbecility. . . . The object of the force, he understood distinctly to be war, and war with Great Britain."

On Increase of Navy, Jan. 22, 1812.—“It appeared to Mr.

34. Gales & Seaton, Annals of Congress for 1808-09, p. 539. 35. Henry Adams, United States, IV, 418.

36. Colton, Writings of Clay, I, 162.