commerce of America were to be materially interrupted, a reduction of her importation of European articles became indispensable. This law, after different suspensions, is not yet repealed. Of its wisdom, as a commercial measure, there may be doubts; but as an annoyance of our trade, for the purpose of enforcing a respect for theirs, we have no right to complain of it."*" "If we had treated the commerce of America with sincerity, instead of mo lesting it, as we have seen, BY A REPETITION OF THE MOST DISGRACEFUL CHICANE, that commerce would have suffered less, and our own ends would have been answered. Such an appeal to the good sense of that country, would certainly have been less likely to produce war than the sophistry with which they have been treated, and of which every man in it must detest the folly " "For so extensive an injury to a country WHOSE RIGHT OF INDEPENDENT. SOVEREIGNTY WAS VIOLATED, AND WHOSE COMMERCE WAS DESTROYED BY THIS PROCEEDING, it would have been in vain to search for authorities or precedents any where." We have seen that French consular certificates of the origin of the cargo of a vessel, by the orders in council, subjected both vessel and cargo to condemnation. On the iniquity of this feature of the orders, Mr. Baring remarks : "We in many cases require foreign articles, imported into this country, to be accompanied by certificates from our consuls abroad. Nothing can, therefore, be more frivolous than the assertion of our right to complain of the acquiescence of American merchants in the regulations of France respecting certificates of origin.". I hope the reader will attend to the consequences of this feature of the orders in council. Let it never be forgotten. It is worthy of being borne in eternal remembrance. If they had no other odious feature, this would be sufficient to disgrace them, and their authors and abettors. Suppose Mr. George Cabot, Mr. James Lloyd, jun. Timothy Pickering, Commodore Dale, or any other citizen of the United States, to send a vessel to sea, owned by himself, manned with American sailors, and loaded with American productions-bound for the solitary corner of Europe, Sweden, which was not interdicted by the orders in council-suppose her provided with a French consular certificate of the origin of the cargo and finally to close our suppositions, suppose her carried into London by a British privateer-and brought before Sir William Scott for adjudication.She would most assuredly be condemned for an INFRINGEMENT OF THE LAW OF NATIONS, in being provided with a French consular certificate!!! What an awful mockery of justice in those who prescribed-what a shameful prostration and baseness of mind in those who preached submission to-such a lawless regulation, calculated to "prey upon the unprotected property of a friendly power."|| *Baring's Enquiry, page 59. + Idem, page 63. Idem, page 64: Idem, page 66. "The comprehensive nature of the injury which America must suffer from our system, by leaving no class of its population unaffected by it, affords little hope of the interference of any for the preservation of peace. The great interest which a country still possessing the means of independence, should feel in the preservation of ours, will be lost in the more immediate and perceptible consequences of our folly and injustice."'* "The new orders were of a description to produce a revolution in the whole commerce of the world-and a total derangement of those mutual rights and relations by which civilized nations have hitherto been connected." "It must be evident from the whole tenor of our proceedings, that commercial interest has been our moving principle throughout; that every demonstration of the slightest hostility on the other side, has originated in our attempts to advance that interest in violating the rights and interests of others; and that if we are at last called upon to take up arms, it is on our part a quarrel about sugar and coffee, and not in support of national honor."‡ 66 The consequences of such a state of things must produce ruin to every class and description of persons in America; and they are so obvious, so inevitable, that one cannot avoid thinking, that they must have occurred to the framersof this new system." "To make this limitation of neutral trade a part of the law of nations, it is not sufficient that it should be asserted by one power.-It must likewise be admitted by others; which is so far from having been the case, that in all our discussions about neutral rights, we have not only never obtained from any nation a recognition of this rule, but it does not even appear to have been at any time seriously insisted upon." "What can then be the object of holding up this rule [of 1756] as the palladium of our maritime rights, or why has it lain so long dormant? Instead of America being accused of a disposition of encroachment hostile to our dignity, in refusing to admit into the law of nations, a principle which has neither been admitted by or enforced towards others, are we not rather ourselves wanting to our own dignity in proclaiming a law which we have never ventured to defend→→ in setting up a right, which, by our own treaties with foreign nations, we have ourselves encouraged them to trample on. "T "It would have been highly interesting to know how many instances [of fraudulent ownership] had been discovered; as by pointing them out to our gov ernment, redress might have been obtained by application to that of America, whose strict attention to the character of her flag has always been remarkable.*** "I must say, and I speak from considerable experience, that the character of the great body of merchants in America, little deserves the unjust insinuations in which writers on this subject have indulged."+† "During a considerable part of the last and present war, we have indeed respected the rights of those not concerned in it. But the conduct even of of France can furnish few stronger proofs of a disregard of them, and of more frivolous pretences by which they have been invaded, than may be found in our conduct in 1805, and still more in the recent measures which we have been considering." "If our commercial treaties with Portugal are to be held up, as they have been, to the admiration of statesmen, we cannot fail to admire the liberal policy of America towards the produce of our industry, when we consider the large balance which she annually pays us, and our illiberal jealousy of her intercourse with other countries, from which alone that balance can be paid."}} "If my former observations produce, as I think they must, a conviction that the trade and property so sported with, belong to an honest neutral, there can be no doubt that OUR CONDUCT TOWARDS IT DESERVES THE NAME OF THE MOST UNQUALIFIED INJUSTICE."|||| The reader who compares the style and substance of the memorials, with Mr. Baring's essay, will find that concidence, that cogency, that irresistible conviction which result from truth and honorable principles. The American merchants, eloquently and convincingly pleading for the rights of their country, and their own personal interests, unjustly assailed-speak nearly the same language, and make use of the same arguments, as Mr. Baring, when he sought to save his country from the disgrace and dishonor of employing her transcendant naval power to overwhelm and prey upon the commerce of an unoffending neutral, merely because that neutral was not in a state to defend herself. I trust that no apology can be necessary for these copious extracts on this all-important topic. The high standing and character of the writer, as I have already observed, and take the liberty to repeat, entitle his sentiments to peculiar attention. Moreover, as an English merchant, interest, were he swayed by such a consideration, would have led him to advocate the orders. But he had too high a regard for the honor of his coun try, to wish it to be sacrificed to paltry, and sordid considerations of interest. After the reader has with the deep attention the subject de◄ serves, perused the above eloquent defence of American rights -exposure of our wrongs-and appeal to the honor and justice of Great Britain, written by a high-spirited and noble-minded Englishman, let him ponder for a moment on the conduct of those Americans who have devoted their talents, their industry, and their influence to defend the outrageous proceedings of Great Britain, and to place their own country in the wrong! Whata bumiliating contrast!-Mr. Baring pleading the cause of the injured United States in London-and Mr. Pickering and hundreds of other Americans pleading in Boston, New-York; Philadelphia and elsewhere against their own country, and in defence of British inroads and British violence! The contemplation fills the mind with astonishment! Not withstanding the evidence is so fully before us, as to be irresist ible, it is difficult to believe that such an awful delusion could have ever existed, and to such an extravagant extent. I aver, as my calm and reflected opinion upon this point, that it would be difficult, perhaps impossible, to find in history any parallel case. Enlightened American merchants were so far blinded by party and faction, as to use their utmost endeav ors to prevent the government of their country from procuring redress of intolerable grievances which bore so heavily on themselves! CHAPTER XXIV. Embargo. Situation of American commerce. Factious clamor.. Embargo a wise, prudent, and necessary measure. I Now proceed to consider the subject of the embargo, which was one of the most potent instruments employed to exasperate and inflame the passions of the people of the eastern states, and which actually prepared a portion of them for open resistance to the government. The justice and propriety of every measure depend on the circumstances that accompany and induce it—the motives that lead to its adoption-and the consequences it is calculated to produce. Let us apply these tests to the embargo. The reader has had the decrees and orders in council laid before him in extenso. He has seen the exposition of the injustice of the latter by Mr. Baring. And he has had an opportunity himself of calculating the effects of both decrees and orders. From a calm consideration of these documents, and of their inevitable operation on our trade, it is perfectly obvious that had our vessels sailed in December, 1807, and January, February, March, April, and May, 1808, as freely as they had formerly done, they would have universally fallen sacrifices; those bound to France and her dependencies, to British-and those bound for the British dominions, to French cruisers. This would have produced an almost universal bankruptcy among our insurance offices and merchants. The plunder of our ships and cargoes, and the captivity of our seamen, would have augmented the resources of the belligerents, and enfeebled ourselves. The only real question was, whether our vessels should remain at our wharves, the property of our merchants, or be carried to France and England, the prey of privateers. But for the embargo, there would have been such a calamitous scene produced as has rarely occurred in any nation. We should have suffered all the worst consequences of war, without any of its compensatory advantages. Our merchants would have once more made "the welkin ring" with their complaints of injury-their eloquent appeals to the law of nations-their clamors for redress-their reproaches of the government for its supineness-and their solemn* pledges of support. We should have again had to negociate in vain for reparation. And we * I had written "hollow and deceptious." But I struck the words cut-how properly the reader will decide. I am doubtful myself of the correctness of the alteration should have been ultimately goaded into a war, after having been defeated in our endeavors to escape it, and deprived of the most efficient means for its prosecution. It has been said that the Berlin decree not having been carried into operation against American vessels; and our government not having received an authentic copy of the orders in council; therefore it was not justified in the recommendation of the embargo. And thus that degree of vigilance and care of the interests of his country and of the property of the merchants, which entitled Mr. Jefferson to a monument from the mercantile interest, has been made the ground-work of the most serious accusation! There is no measure of the general government from its first organization to the present hour, more strongly marked with wisdom, with foresight, and with attention to duty, than this recommendation. There is, nevertheless, no measure that has generated more factious or senseless clamor-more envenomed prejudice-more unblushing misrepresentation. The atrocious case of the Horizon, wbich was the first instance wherin the Berlin decree was carried into effect against American vessels, had previously occurred. Of this case Mr. Armstrong had transmitted an account in a letter dated Nov. 12, 1807, of which I have submitted a copy to the reader.*This letter and the documents accompanying it, established, beyond a possibility of doubt, the extreme danger of our commerce from French depredation, French cruisers, and French courts. Of the determination of the British government to meet the Berlin decree with measures of equal violence, undoubted information had been received by our administration in private letters, and even in the public papers. The recommendation of the embargo took place on the 18th of December, 1807: and on that day there had been published in the National Intelligencer the following paragraph from a London peper: London, November 10. "A proclamation is now, we understand, in readiness for his majesty's signature, declaring France and the whole of her vassal kingdoms in a state of siege, and prohibiting all intercourse with her or them-and all entrance of vessels into her or their harbors, EXCEPT OF SUCH AS HAVE CLEARED LAST FROM A BRITISH PORT, EITHER HOME OR FOREIGN." Thus, between the two nations, our commerce was completely cut up by the roots. The only part of Europe, except her own dominions and dependencies, with which Great Britain allowed us to trade, was Sweden. And the Milan decree, by *See page 122. |