The Administration of James Madison
began with what seemed like a diplomatic triumph.
Negotiations with the new British minister, Erskine,
led to a complete agreement on all the points in dispute.
Full reparation was to be made for the Chesapeake
affair. The offensive orders in council of 1807
were to be withdrawn on a fixed date. Thereupon,
with undisguised satisfaction, the President issued
a proclamation, April 21, 1809, renewing commercial
intercourse with Great Britain. General rejoicing
followed. Ships which had been tied up to wharves
for eighteen months put to sea with crowded holds.
Those Republicans who had stanchly upheld the Jeffersonian
policy of peaceable coercion boldly claimed for the
embargo the credit of having brought about this happy
consummation. Some misgivings were excited, to
be sure, by the report of a new order in council which
substituted a blockade of Holland, France, and Italy
for the order of November, 1807; yet weeks of smug
satisfaction were enjoyed by the Administration before
it was bewildered by the tidings that Canning had
recalled Erskine and repudiated all his acts.
Madison had to submit to “the mortifying necessity”
of issuing another proclamation reviving the Non-Intercourse
Act against Great Britain.
Erskine was replaced by Francis James
Jackson, a typical representative of the governing
class,-intolerant, overbearing, and contemptuous.
He had been chosen in 1807 for the brutal destruction
of the Danish fleet at Copenhagen. Pinkney described
him as “completely attached to all those British
principles and doctrines which sometimes give us trouble.”
Madison was speedily convinced that conciliation was
not the keynote of this man’s mission.
After the first exchange of notes, he took the pen
out of the hand of Robert Smith, his incompetent Secretary
of State, in order to deal more effectually with the
adversary. When Jackson intimated that Erskine
had been disavowed for disobedience to instructions
and that the Administration was somehow responsible
for this misconduct, Madison warned him sharply that
“such insinuations are inadmissible in the intercourse
of a foreign minister with a government that understands
what it owes itself”; and a few days later, after
an exhibition of domineering temper on the part of
Jackson, Madison informed him that no further communications
would be received. Months passed, however, before
Jackson was recalled; and in the mean time he made
a tour through the Eastern States where he was warmly
welcomed by the Federalists. No better evidence
was needed to convince the Administration of the unpatriotic
and pro-British attitude of Federalist New England.
The Non-Intercourse Act had brought
some measure of relief to New England shipping.
Trade with parts of the European continent could now
be carried on by those who wished to incur the hazard.
A greater volume of trade was probably carried on
illicitly with England. Amelia Island, just across
the Florida line, and Halifax, in Nova Scotia, became
intermediate ports to which American goods went for
reshipment to Europe and to which British merchandise
was shipped for distribution in the United States.
Notwithstanding these well-known evasions of the law,
Congress would probably have been content to leave
well enough alone but for the fact that the Non-Intercourse
Act would expire by limitation in the spring of 1810.
Some action was imperative. A bill was drawn by
the Administration to meet the situation and introduced
in the House by Macon; but it failed to command the
support of the party and was dropped in favor of a
second bill, commonly known as Macon’s Bill N, though he was not the author of it. This measure
eventually became law, May 1, 1810. “It
marked the last stage toward the admitted failure of
commercial restrictions as a substitute for war,”
writes Mr. Adams. By repealing the Non-Intercourse
Act it left commerce free once more to seek the markets
of the world. In case either Great Britain or
France should revoke or modify its hostile policy,
the President was authorized to revive the Non-Intercourse
Act against the delinquent nation.
After the Non-Intercourse Act of 1809,
Napoleon had begun the “sequestration”
of American vessels in European ports. Sequestration
proved to be only a euphemistic expression for confiscation.
On May 14, he issued from Rambouillet a decree which
authorized the seizure and condemnation of all American
ships in French ports. With an eye to the needs
of his war chest, the Emperor calculated that by drawing
in this net he would make a catch amounting to about
six million dollars. As a matter of fact, this
was a conservative estimate. The American consul
at Paris reported the seizure of one hundred and thirty-four
vessels between April, 1809, and April, 1810.
The actual loss to American shipowners could not have
been less than ten millions of dollars.
The news of the passage of Macon’s
bill suggested another stroke to the wily conqueror
of Europe. On August 5, he announced to the American
Minister that the decrees of Berlin and Milan were
revoked and would be inoperative after November 1,
“it being understood that in consequence of
this declaration the English are to revoke their orders
in council and renounce the new principles of blockade,”
and that the United States, conforming to its act
of May 1, 1810, would “cause their rights to
be respected by the English.”
Accepting this letter at its face
value, with a credulity which now seems incredible,
President Madison proclaimed on November 2 that France
had withdrawn its decrees, and that in consequence
commercial intercourse with Great Britain would be
suspended on and after February 2, 1811. Madison’s
haste was due to a very natural desire to coerce Great
Britain into a similar renunciation, but to his chagrin,
the British Ministry refused to accept the mere notification
of Napoleon as evidence of the repeal of the various
decrees. Even the supporters of the Administration
became uneasy as months passed without any formal
edict of revocation. Might not the courts adjudge
that the decrees had not been repealed pro forma?
The Administration was greatly perturbed in December,
too, by the news that two American vessels had been
sequestered at Bordeaux. After much hesitation,
Congress came to the support of the President and
revived the Non-Intercourse Act against Great Britain,
at the same time admitting the weakness of its position
by the additional provision that the courts should
not entertain the question whether the French decrees
were or were not revoked. On the same day, February
28, 1811, Pinkney took formal leave of the Prince
Regent under circumstances which presaged, if they
did not imply, a rupture of diplomatic relations.
Yet the British Ministry had so little comprehension
of the temper of the American people that at this very
moment Wellesley was drafting instructions for the
new Minister, Mr. Augustus John Foster, which bade
him yield not a jot or a tittle to the alleged rights
of neutrals. He was, however, to make proper reparation
for the Chesapeake affair.
In these months of struggle for the
rights of neutral commerce, the question of impressments
had been relegated to second place in the minds of
Americans. The blockade of New York by British
frigates in the spring of 1811 suddenly revived the
old controversy. For a year past an American
squadron under the command of Commodore John Rodgers
had patrolled the coast, under instructions to protect
all merchantmen from molestation by armed foreign
cruisers within the three-mile limit.
The British frigate Guerrière
had made itself particularly offensive by its search
crews and arbitrary seizures of alleged deserters.
On May 16, 1811, Commodore Rodgers’s flagship,
the frigate President carrying forty-four guns, sighted
a British sloop-of-war some fifty miles east of Cape
Henry, which he believed to be the Guerrière,
and wishing to make inquiries about a certain seaman
who was reported to have been impressed, Rodgers sailed
toward the stranger. The vessel acted in a manner
which was thought suspicious, so the President gave
chase. On coming within range about dusk, the
American frigate was fired upon, so it was alleged
in a subsequent court of inquiry. The President
then opened its batteries and in less than fifteen
minutes had overpowered the British corvette.
To his surprise and disappointment, Rodgers then learned
that his antagonist was not the Guerrière, but
the Little Belt, a vessel far inferior to his own
and carrying only twenty guns. When the new British
Minister arrived in Washington, he found the Administration
singularly indifferent to the historic Chesapeake affair.
In the opinion of the American public, the President
had avenged the Chesapeake.
While Congress was vacillating between
non-intercourse and partial non-intercourse, in the
early months of 1810, with a strong inclination toward
the path of least resistance, one voice was raised
for war. Henry Clay was then filling out an unexpired
term in the Senate upon appointment by the Governor
of Kentucky. Born in Virginia, thirty-three years
before, he had sought his fortune as a young lawyer
in the new communities beyond the Alleghanies.
Closely identified with the aggressive spirit of his
section, he voiced a growing sense of humiliation
that his country should be buffeted by every British
ministry. The people of Kentucky and Tennessee
had little patience with half measures in defense
of national rights. The petty diplomacy of closet
statesmen did not appeal to the soul of the frontiersman
who was accustomed to hew his way to his goal.
The people of this section, imperial in its dimensions,
were prepared for large tasks done in a bold way.
Their ideas of the Union transcended the policies of
Eastern statesmen, whose eyes saw no farther than
the tops of the Alleghanies and whose ears listened
all too readily to the admonitions of European chancellors.
Clay spoke heatedly of the “ignominious surrender
of our rights”-heritage of the heroes
of the Revolution. He would have Congress exhibit
the vigor of their forbears. “The conquest
of Canada is in your power,” he cried.
“I trust I shall not be deemed presumptuous
when I state that I verily believe that the militia
of Kentucky alone are competent to place Montreal
and Upper Canada at your feet.” This was
a new and unfamiliar style of oratory in the Senate
of the United States.
At this moment, however, the United
States seemed far more likely to acquire the Floridas
than Canada. In the summer of 1810, Americans
who had crossed the border and settled in and around
the district of West Feliciana rose in revolt against
the Spanish governor at Baton Rouge, and declared
West Florida a free and independent state, appealing
to the Supreme Ruler of the world for the rectitude
of their intentions. What their intentions were
appeared in a petition to the President for annexation
to the United States. This was an opportune moment
for the realization of the hopes which Madison had
cherished ever since the acquisition of Louisiana.
On October 27, 1810, he issued a proclamation, announcing
that Governor Claiborne would take possession of West
Florida to the river Perdido, in the name of the United
States.
Not satisfied with this achievement,
President Madison called attention in a secret message
to the condition of East Florida and asked Congress
for authority to take temporary possession of any part
or parts of the territory. With equal secrecy
Congress gave the desired authorization, and the President
immediately sent two commissioners with large discretionary
powers to the St. Mary’s River. In March,
1812, another “revolution” took place.
The Spanish governor of East Florida was forced to
surrender and to permit the occupation of Amelia Island
in the name of the United States. The farce was
too broad, however, even for the eager Administration.
The President was obliged to disavow the acts of his
agents. But Amelia Island was not evacuated until
May, 1813, and West Florida was never released.
After much deliberation Congress annexed part of the
region to the new State of Louisiana and joined the
rest to the Territory of Mississippi.
In the Northwest also American pioneers
were overrunning the bounds, not those fixed by international
agreement, to be sure, but those marked by Indian
treaties, which commanded even less respect. A
society which believed that the only good Indian was
a dead Indian was not likely to be over-nice in its
appraisal of his property rights. The line of
intercourse marked by the Treaty of Greenville in 1795
had receded somewhat as home-seekers had pushed their
way up the rivers from the Ohio into the Indiana Territory;
but the vast interior around the upper waters of the
Wabash River was still closed to white men. Governor
William Henry Harrison fully shared the irritation
of the settlers that Indians should monopolize the
best lands. He was therefore a willing agent
of the President when in 1804 and 1805 he took advantage
of the necessities of certain chieftains, whom he
called “the most depraved wretches on earth,”
to despoil whole tribes of their lands, under the
guise of treaties.
Among the better class of Indians
this policy aroused the bitterest resentment.
The rise of Tecumseh, son of a Shawnee warrior, and
of his brother the Prophet, dates from this time.
It was the aim of these remarkable individuals to
prevent the further alienation of Indian lands by
limiting the authority of irresponsible local chiefs
and conferring it upon a congress of warriors from
all allied tribes. During the year 1808, Tecumseh
and the Prophet laid the foundation of a confederacy
by establishing an Indian village on Tippecanoe Creek,
one hundred and fifty miles above Vincennes.
In the following year (1809), Governor
Harrison anticipated the formation of this Indian
confederation by beginning negotiations with the same
irresponsible sachems for the cession of more lands.
The treaty, which was readily concluded, carried despair
to the heart of every follower of Tecumseh, for it
conveyed to the National Government three millions
of acres of the best lands in the Indian country,
extending along both banks of the Wabash for a hundred
miles. An alliance with the British seemed to
be the only recourse of the Indians. Only a spark
was needed to start a conflagration along the whole
frontier.
Although war was believed to be imminent
by the people of Indiana, the winter and summer of
1811 passed without untoward events. Toward the
end of October, Harrison began a forward movement
into the Indian country. On the morning of November
7, his camp on the banks of the Tippecanoe was attacked.
A sharp engagement followed, in which the army narrowly
escaped disaster; but the troops rallied and finally
succeeded in routing the Indians. In the abandoned
village of the Prophet were found English arms-confirmatory
evidence, it was said, of the part which the British
in Canada had taken in the projects of Tecumseh and
the Prophet. Occurring at a moment of tension
between the United States and Great Britain, the battle
of Tippecanoe may be regarded properly as “a
premature outbreak of the great wars of 1812.”
An unforeseen consequence of this skirmish on the
frontier was the rise of a new popular hero in the
West.
Nationally minded men indulged high
hopes of the new Congress which convened at the capital
in November, 1811. The presence of some seventy
new members, many of whom belonged to a younger generation,
warranted the expectation that the Twelfth Congress
would exhibit greater vigor than its predecessor.
In organizing, the House passed over Macon, who belonged
to the old school of statesmen, and chose as Speaker
Henry Clay, who had exchanged his seat in the Senate
for this more stirring arena. Clay’s conception
of the Speakership was novel. He was determined
to be something more than a mere presiding officer.
As a leader of his party he proposed to use his powers
of office to shape legislation. His heart was
set upon an aggressive policy. War had no terrors
for him. He therefore named his committees with
the possibility of war in mind.
There were many young men who shared
Clay’s impatience with the policy of peaceable
coercion and its humiliating sequel. Grundy, of
Tennessee, had been elected because he openly favored
war. He admitted that he was “anxious not
only to add the Floridas to the south, but the Cañadas
to the north of this Empire.” John C. Calhoun,
a new member from South Carolina, openly repudiated
the restrictive system of the President as a mode
of resistance suited neither to the genius of the people
nor to the geographical character of the country.
“We have had a peace like a war,” he cried;
“in the name of Heaven let us not have the only
thing that is worse-a war like a peace!”
Clay left the chair frequently to stir the House by
his glowing eloquence. Whatever else might be
said about these young stalwarts, no one could doubt
their ardent nationalism and devotion to the Union.
Even the President was moved to allude gently in his
annual message to the duty of assuming “an attitude
demanded by the crisis and corresponding with the
national spirit and expectations.”
The response of Congress was exasperatingly
slow. It was January before a bill to increase
the standing army by twenty-five thousand men became
law. Another month passed before Congress would
agree to a bill authorizing the President to raise
a volunteer force of fifty thousand men. No arguments
would move the House to vote an appropriation of seven
and a half million dollars for a navy of twenty frigates
and twelve ships-of-the-line. Even more discouraging
was the reluctance of Congress to anticipate the financial
drain of war by levying the internal revenue taxes
which Gallatin strongly recommended, now that Congress
had suffered the charter of the National Bank to expire.
Without that important instrument of credit, he saw
no alternative but to revive the excise which was
so hateful to Republicans. In the end Congress
authorized a loan of eleven million dollars, but no
additional taxes.
[Map: Vote of House on the Declaration
of War June 4, 1812]
From the first the war party had fixed
upon Great Britain as the object of attack. In
the sober light of history, France appears to be quite
as much an enemy to American commerce. But so
long as the Administration maintained that Napoleon
had withdrawn his decrees, and that England had not,
consistency required that Great Britain should be regarded
as the greater offender. Reparation had been
made for the Chesapeake affair, to be sure, but no
guaranties had been given that the rights of neutral
vessels would be respected on the high seas. Besides,
the group of young Republicans led by Clay and Grundy
had looked forward to the conquest of Canada on the
north and of Florida on the south as the result of
war. Madison was too keen a politician not to
know that he could not afford to alienate this group
if he wished a second term in office. On April
1, he recommended an embargo for sixty days, and two
months later, on June 1, he sent his famous war message
to Congress.
In reciting the grievances of the
United States, the President thrust into the foreground
“the continued practice of violating the American
flag on the great highway of nations, and of seizing
and carrying off persons sailing under it.”
No one could deny that these were real grievances,
but they had not been pressed in recent negotiations
as a possible cause of war. A second grievance
was the blockade of American ports by British cruisers.
“They hover over and harass our entering and
departing commerce,” said the President.
“To the most insulting prétentions they
have added the most lawless proceedings in our very
harbors; and have wantonly spilt American blood within
the sanctuary of our territorial jurisdiction.”
This grievance was also real, but not of recent date.
When the President alluded to “pretended blockades”
under which “our commerce has been plundered
in every sea,” he touched upon outrages which
were still fresh in the minds of all. “Not
content with these occasional expedients for laying
waste our neutral trade,” continued the message,
“the Cabinet of Great Britain resorted, at length,
to the sweeping system of blockades, under the name
of Orders in Council.” Finally, the President
did not refrain from the plain intimation that the
Indian hostilities on the frontier were due to the
influence of British traders and British garrisons.
Three days later the House of Representatives
passed a bill declaring war by a vote of 79 to 49.
The opposition came largely from the Northeast.
The representatives from Connecticut and Rhode Island
were to a man against war, and they were supported
by Federalists from Massachusetts, New York, New Jersey,
Maryland, and Delaware. In the Senate the vote
stood 19 for war and 13 against it. “Except
Pennsylvania, the entire representation of no Northern
State declared itself for the war; except Kentucky,
every State south of the Potomac and Ohio voted for
the declaration.”
While Congress was debating the alternatives
of peace or war, the British Government took a step
which under modern conditions would have averted hostilities.
Taking advantage of a decree of Napoleon dating from
1810, which declared his edicts revoked so far as American
vessels were concerned, the Ministry announced on
June 23 that the British orders would be withdrawn.
But just five days earlier, President Madison had
proclaimed a state of war between the United States
and Great Britain.