For two months longer the British fleet as a whole remained in the bay, engaged in desultory operations, which had at least the effect of greatly increasing their local knowledge, and in so far facilitating the more serious undertakings of the next season. The Chesapeake was not so much blockaded as occupied. On June 29 Captain Cassin of the navy yard reported that six sail of the line, with four frigates, were at the mouth of the Elizabeth, and that the day before a squadron of thirteen—frigates, brigs, and schooners—had gone ten miles up the James, causing the inhabitants of Smithfield and the surroundings to fly from their homes, terrified by the transactions at Hampton. The lighter vessels continued some distance farther towards Richmond. A renewal of the attack was naturally expected; but on July 11 the fleet quitted Hampton Roads, and again ascended the Chesapeake, leaving a division of ten sail in Lynnhaven Bay, under Cape Henry. Two days later the main body entered the Potomac, in which, as has before been mentioned, was the frigate "Adams"; but she lay above the Narrows, out of reach of such efforts as Warren was willing to risk. He went as high as Blakiston Island, twenty-five to thirty miles from the river's mouth, and from there Cockburn, with a couple of frigates and two smaller vessels, tried to get beyond the Kettle Bottom Shoals, an intricate bit of navigation ten miles higher up, but still below the Narrows.[166] Two of his detachment, however, took the ground; and the enterprise of approaching Washington by this route was for that time abandoned. A year afterwards it was accomplished by Captain Gordon, of the British Navy, who carried two frigates and a division of bomb vessels as far as Alexandria.

Two United States gunboats, "The Scorpion" and "Asp", lying in Yeocomico River, a shallow tributary of the Potomac ten miles from the Chesapeake, were surprised there July 14 by the entrance of the enemy. Getting under way hastily, the "Scorpion" succeeded in reaching the main stream and retreating up it; but the "Asp", being a bad sailer, and the wind contrary, had to go back. She was pursued by boats; and although an attack by three was beaten off, she was subsequently carried when they were re-enforced to five. Her commander, Midshipman Sigourney, was killed, and of the twenty-one in her crew nine were either killed or wounded. The assailants were considerably superior in numbers, as they need to be in such undertakings. They lost eight. This was the second United States vessel thus captured in the Chesapeake this year; the revenue cutter "Surveyor" having been taken in York River, by the boats of the frigate "Narcissus", on the night of June 12. In the latter instance, the sword of the commander, who survived, was returned to him the next day by the captor, with a letter testifying "an admiration on the part of your opponents, such as I have seldom witnessed, for your gallant and desperate attempt to defend your vessel against more than double your numbers."[167] Trivial in themselves as these affairs were, it is satisfactory to notice that in both the honor of the flag was upheld with a spirit which is worth even more than victory. Sigourney had before received the commendation of Captain Morris, no mean judge of an officer's merits.

The British fleet left the Potomac July 21, and went on up the bay, spreading alarm on every side. Morris, with a body of seamen and marines, was ordered from the "Adams" to Annapolis, the capital of Maryland, on the River Severn, to command the defences. These he reported, on August 13, to be in the "miserable condition" characteristic of all the national preparations to meet hostilities. With a view to entering, the enemy was sounding the bar, an operation which frequently must be carried on beyond protection by ships' guns; "but we have no floating force to molest them." The bulk of the fleet was above the Severn, as were both admirals, and Morris found their movements "contradictory, as usual."[168] As many as twenty sail had at one time been visible from the state-house dome in the city. On August 8, fifteen, three of which were seventy-fours, were counted from North Point, at the mouth of the Patapsco, on which Baltimore lies. Kent Island, on the eastern shore of the bay abreast Annapolis, was taken possession of, and occupied for some days. At the same period attacks were reported in other quarters on that side of the Chesapeake, as elsewhere in the extensive basin penetrated by its tributaries. The prosecution of these various enterprises was attended with the usual amount of scuffling encounter, which associates itself naturally with coastwise warfare of a guerilla character. The fortune of war inclined now to one side, now to the other, in the particular cases; but in the general there could be no doubt as to which party was getting the worst, undergoing besides almost all the suffering and quite all the harassment. This is the necessary penalty of the defensive, when inadequate.

Throughout most of this summer of conflict there went on, singularly enough, a certain amount of trade by licensed vessels, neutral and American, which passed down Chesapeake Bay and went to sea. Doubtless the aggregate amount of traffic thus maintained was inconsiderable, as compared with normal conditions, but its allowance by either party to the war is noticeable,—by the British, because of the blockade declared by them; by the Americans, because of the evident inexpediency of permitting to depart vessels having full knowledge of conditions, and almost certain to be boarded by the enemy. Sailing from blockaded ports is of course promoted in most instances by the nation blockaded, for it is in support of trade; and with the sea close at hand, although there is risk, there is also chance of safe passage through a belt of danger, relatively narrow and entered at will. The case is quite different where a hazardous navigation of sixty to a hundred miles, increasing in intricacy at its further end, and lined throughout with enemy's cruisers, interposes before the sea is reached. The difficulty here is demonstrated by the fact that the "Adams," a ship by no means large or exceptionally fettered by navigational difficulties, under a young captain burning to exercise his first command in war, waited four months, even after the bulk of the enemy's fleet had gone, before she was able to get through; and finally did so only under such conditions of weather as caused her to miss her way and strike bottom.

The motive of the British for collusion is clear. The Chesapeake was the heart of the wheat and flour production of the United States, and while some provision had been made for meeting the wants of the West Indies, and of the armies in Canada and Spain, by refraining from commercial blockade of Boston and other eastern ports, these necessary food supplies reached those places only after an expensive transport which materially increased their price; the more as they were carried by land to the point of exportation, it not suiting the British policy to connive at coasting trade even for that purpose. A neutral or licensed vessel, sailing from the Chesapeake with flour for a port friendly to the United States, could be seized under cover of the commercial blockade, which she was violating, sent to Halifax, and condemned for her technical offence. The cargo then was available for transport whither required, the whole transaction being covered by a veil of legality; but it is plain that the risks to a merchant, in attempting bonâ fide to run a blockade like that of Chesapeake Bay, exceeded too far any probable gain to have been undertaken without some assurance of compensation, which did not appear on the surface.

Taken in connection with intelligence obtained by this means, the British motive is apparent; but why did the United States administration tolerate procedures which betrayed its counsels, and directly helped to sustain the enemy's war? Something perhaps is due to executive weakness in a government constituted by popular vote; more, probably, at least during the period when immediate military danger did not threaten, to a wish to frustrate the particular advantage reaped by New England, through its exemption from the restrictions of the commercial blockade. When breadstuffs were pouring out of the country through the coast-line of a section which gloried in its opposition to the war,[169] and lost no opportunity to renew the declaration of its disapproval and its criticism of the Government, it was at least natural, perhaps even expedient, to wink at proceedings which transferred elsewhere some of the profits, and did not materially increase the advantage of the enemy. But circumstances became very different when a fleet appeared in the bay, the numbers and action of which showed a determination to carry hostile operations wherever conditions permitted. Then, betrayal of such conditions by passing vessels became an unbearable evil; and at the same time the Administration had forced upon its attention the unpleasant but notorious fact that, by the active complicity of many of its own citizens, not only the flour trade continued, but the wants of the blockading squadrons along the coast were being supplied. Neutrals, real or pretended, and coasting vessels, assuming a lawful destination, took on board cattle, fresh vegetables, and other stores acceptable to ships confined to salt provisions, and either went direct to enemy's ports or were captured by collusion. News was received of contracts made by the British admiral at Bermuda for fresh beef to be supplied from American ports, by American dealers, in American vessels; while Halifax teemed with similar transactions, without serious attempt at concealment.

Such aid and comfort to an enemy is by no means unexampled in the history of war, particularly where one of the belligerents is shrewdly commercial; but it is scarcely too much to say that it attained unusual proportions at this time in the United States, and was countenanced by a public opinion which was more than tolerant, particularly in New England, where the attitude of the majority towards the Government approached hostility. As a manifestation of contemporary national character, of unwillingness to subordinate personal gain to public welfare, to loyalty to country, it was pitiable and shameful, particularly as it affected large communities; but its instructive significance at this time is the evidence it gives that forty years of confederation, nearly twenty-five being of the closer union under the present Constitution, had not yet welded the people into a whole, or created a consciousness truly national. The capacity for patriotism was there, and readiness to suffer for patriotic cause had been demonstrated by the War of Independence; but the mass of Americans had not yet risen sufficiently above local traditions and interests to discern clearly the noble ideal of national unity, and vagueness of apprehension resulted inevitably in lukewarmness of sentiment. This condition goes far to palliate actions which it cannot excuse; the reproach of helping the enemies of one's country is somewhat less when the nation itself has scarcely emerged to recognition, as it afterwards did under the inspiring watchword, "The Union."

The necessity to control these conditions of clandestine intercourse found official expression in a message of the President to Congress, July 20, 1813,[170] recommending "an immediate and effectual prohibition of all exports" for a limited time; subject to removal by executive order, in case the commercial blockade were raised. A summary of the conditions above related was given, as a cause for action. The President's further comment revealed the continuity of thought and policy which dictated his recommendation, and connected the proposed measure with the old series of commercial restrictions, associated with his occupancy of the State Department under Jefferson's administration. "The system of the enemy, combining with the blockade of our ports special licenses to neutral vessels, and insidious discrimination between different ports of the United States, if not counteracted, will have the effect of diminishing very materially the pressure of the war on the enemy, and encourage perseverance in it, and at the same time will leave the general commerce of the United States under all the pressure the enemy can impose, thus subjecting the whole to British regulation, in subserviency to British monopoly."

The House passed a bill meeting the President's suggestions, but it was rejected by the Senate on July 28. The Executive then fell back on its own war powers; and on July 29 the Secretary of the Navy, by direction of the President, issued a general order to all naval officers in command, calling attention to "the palpable and criminal intercourse held with the enemy's forces blockading and invading the waters of the United States." "This intercourse," he explicitly added, "is not only carried on by foreigners, under the specious garb of friendly flags, who convey provisions, water, and succors of all kinds (ostensibly destined for friendly ports, in the face, too, of a declared and rigorous blockade),[171] direct to the fleets and stations of the enemy, with constant intelligence of our naval and military force and preparation, ... but the same traffic, intercourse, and intelligence is carried on with great subtlety and treachery by profligate citizens, who, in vessels ostensibly navigating our own waters, from port to port [coasters], find means to convey succors or intelligence to the enemy, and elude the penalty of law."[172] Officers were therefore instructed to arrest all vessels, the movements or situation of which indicated an intention to effect any of the purposes indicated.

A similar order was issued, August 5, by the War Department to army officers.[173] In accordance with his instructions, Captain Morris of the "Adams," on July 29 or 30, stopped the ship "Monsoon," from Alexandria. Her agent wrote a correspondent in Boston that, when the bill failed in the Senate, he had had no doubt of her being allowed to proceed, "but the Secretary and Mr. Madison have made a sort of embargo, or directed the stoppage of vessels."[174] He added that another brig was lying in the river ready loaded, but held by the same order. Morris's indorsement on the ship's papers shows the barefacedness of the transaction. "Whereas the within-mentioned ship 'Monsoon' is laden with flour, and must pass within the control of the enemy's squadron now within, and blockading Chesapeake Bay, if she be allowed to proceed on her intended voyage, and as the enemy might derive from her such intelligence and succor as would be serviceable to themselves and injurious to the United States, I forbid her proceeding while the enemy shall be so disposed as to prevent a reasonable possibility of her getting to sea without falling into their possession."[175] At this writing the British had left the Potomac itself, and the most of them were above. A week later, at Charleston, a ship called the "Caroline" was visited by a United States naval officer, and found with a license from Cockburn to carry a cargo, free from molestation by British cruisers.[176] "With flour at Lisbon $13 per barrel, no sale, and at Halifax $20, in demand," queries a Baltimore paper of the day, "where would all the vessels that would in a few days have been off from Alexandria have gone, if the 'Monsoon' had not been stopped? They would have been captured and sent to Halifax."[177]