Part 21 (1/2)

[Sidenote: Burr's Trial.]

Meanwhile steps had been taken to prevent the expected rising in Louisiana. Wilkinson was then on the extreme western frontier. He received a cipher message from Burr, and after waiting for some hours to make up his mind, concluded to betray him, sent the letters to the government, went to New Orleans, and there arrested several of Burr's adherents, by military authority. The danger to the Union had been slight, the laxity on Jefferson's part unpardonable. Having Burr in his power, he now relentlessly pursued him with a prosecution for treason. The trial was held in Richmond, Chief Justice Marshall presiding, and ended on Sept. 1, 1807. The indictment had set forth the mustering of the men at Blennerha.s.set's Island: since the only acts which could be called treasonable had occurred elsewhere, the court declared the evidence insufficient, and there was nothing for the jury to do but to bring him in not guilty. The President had shown that he could use force, if necessary; and the courts had again shown their independence of the President. Burr disappeared from public notice.

102. AGGRESSIONS ON NEUTRAL TRADE (1803-1807).

[Sidenote: American trade.]

[Sidenote: Admiralty decisions.]

The renewal of the war between England and France in May, 1803, at first was advantageous to the United States; it precipitated the cession of Louisiana and it gave new employment for American s.h.i.+pping. French West Indian products were freely imported, re-s.h.i.+pped, and exported, thus avoiding the rule of 1756 (-- 85); as a result, the customs revenue leaped in one year from fourteen to twenty millions. In 1805 these favorable conditions were reversed. In May the British admiralty courts decided that goods which had started from French colonies could be captured, even though they had been landed and re-s.h.i.+pped in the United States. Captures at once began; English frigates were stationed outside the port of New York, and vessels coming in and going out were insolently stopped and searched; impressments were revived. In 1804 thirty-nine vessels had been captured by the British; in 1805 one hundred and sixteen were taken; and probably a thousand American seamen were impressed.

[Sidenote: Continental System.]

On Oct. 21, 1805, the combined French and Spanish fleets were overwhelmed at Trafalgar. Thenceforward England had the mastery of the seas, while France remained supreme on land. Napoleon, who had in 1804 taken the t.i.tle of Emperor, was determined to destroy English trade with the Continent, and had no scruples against ruining neutrals in the attempt. He resolved upon a ”Continental System,”--to shut against the importation of English goods the ports of France and her dependencies and allies, including, as the result of recent conquests, almost the whole northern coast of the Mediterranean, and a considerable part of the coast of the German Ocean and the Baltic Sea.

[Sidenote: Orders and decrees.]

The English retaliated with an Order in Council, dated May 16, 1806, by which the whole coast from Brest to the river Elbe was declared blockaded.

There was no blockading squadron; yet American vessels were captured as they left their own ports bound for places within the specified limit.

Napoleon retorted with the Berlin Decree of Nov. 21, 1806, in which he declared the whole British Islands in a state of blockade; the trade in English merchandise was forbidden, and no vessel that had touched at a British port could enter a French port. These measures were plainly intended to cut off the commerce of neutrals; and as the European wars had now swept in almost every seafaring power, on one side or the other, the Americans were the great neutral carriers. In January, 1807, Great Britain announced that neutral vessels trading from one port under French influence to another were subject to capture, and that all French ports were blockaded. The Milan Decree of December, 1807, completed the structure of injustice by ordering the capture of all neutral vessels which had been searched by an English vessel. In 1806 the Jay Treaty expired, and the Americans lost its slight protection. The effect of this warfare of proclamations was at once seen in the great increase of captures: one hundred and ninety-four American vessels were taken by England in 1807, and a large number by the French.

103. POLICY OF NON-RESISTANCE (1805-1807).

[Sidenote: Prosperity of American trade.]

The wholesale seizure of American property was exasperating to the last degree. The disdainful impressment of American seamen, and still more the unofficial blockade of the ports, would have justified war. Yet notwithstanding the loss of American s.h.i.+pping, trade continued to prosper, and vessels engaged in foreign commerce increased; freights were so high that an annual loss by capture of ten per cent could be made up out of the profits. The New Englanders, therefore, who suffered most were not most anxious for war, nor could Jefferson bear to give up his policy of debt- reduction and of peaceful trade. Toward France, indeed, he showed remarkable tenderness, because that power controlled Spain, from which Jefferson was eagerly seeking the cession of West Florida.

[Sidenote: Gunboat system.]

Some American policy must be formulated. War seemed to Jefferson unnecessary, and he therefore attempted three other remedies, which in a measure neutralized each other. The first was to provide some kind of defence. To build new vessels seemed to him an invitation to the English navy to swoop down and destroy them. To fortify the coasts and harbors properly would cost fifty millions of dollars. He proposed, therefore, to lay up the navy and to build a fleet of gunboats, to be hauled up under sheds in time of peace, but if war came, to be manned by a naval militia and to repel the enemy. Between 1806 and 1812 one hundred and seventy-six gunboats were built. They never rendered any considerable service, and took $1,700,000 out of Gallatin's surplus.

[Sidenote: Pinkney treaty.]

The second part of Jefferson's policy was to negotiate with England for a new treaty. The conditions upon which he insisted were impossible, and Pinkney and Monroe, therefore, in December, 1806, made the best terms they could: there was no article against impressment; they surrendered the principle that free s.h.i.+ps make free goods; they practically accepted the rule of 1756. The treaty was so unacceptable that Jefferson never submitted it to the Senate; and thenceforward to the War of 1812 we had only such commercial privileges as England chose to grant.

[Sidenote: Non-importation act.]

The only remaining arrow in Jefferson's quiver was the policy of commercial restriction. On April 18, 1806, an act was Pa.s.sed by which, after November 15, the importation of manufactured goods from England and English colonies was forbidden. Even this was suspended on December 29.

[Sidenote: ”Leopard” and ”Chesapeake.”]

[Sidenote: The Americans aroused.]

The effect of these feeble efforts to secure fair treatment was seen on June 27, 1807. The only excuse for the impressment of American seamen was that sailors from the British men-of-war were apt to desert when they reached an American port, and frequently s.h.i.+pped on board American vessels. The chief reason was the severity of naval discipline and the low wages paid by the British government. The American frigate ”Chesapeake,”

about leaving Norfolk for a Mediterranean cruise, had several such deserters on board without the commander's knowledge. When outside the capes the British frigate ”Leopard” suddenly bore down on her, hailed her, and her captain announced that he was about to search the s.h.i.+p for these deserters. Commander Barron was taken by surprise; his guns were not ready for action, his crew was not yet trained. He refused to permit the search, was fired upon, and was obliged to surrender. Four men were taken off, of whom three were American citizens, and the ”Chesapeake” carried back the news of this humiliation. The spirit of the nation was aflame. Had Jefferson chosen, he might have gone to war upon this issue, and would have had the country behind him. The extreme point which he reached was a proclamation warning British armed vessels out of American waters; he preferred a milder sort of warfare.

104. THE EMBARGO (1807-1808).