Thomas Jefferson, the Apostle of Americanism

by Gilbert Chinard

This might be thought a visionary scheme and merely a flight of imagination, if Jefferson had not expressed the same idea in identical terms in a conversation with the French minister concerning the treaty negotiated in London by Monroe and Pinkney: "Perhaps we shall obtain the right to extend our maritime jurisdiction, and to carry it as far as the effect of the Gulph Stream makes itself felt,—which would be very advantageous both to belligerents and neutrals."[464]

These being Jefferson's views, it would have taken a far more successful negotiator than Monroe to make the British Government accept them. The treaty finally signed by the American envoys on December 1, 1806, was far from satisfactory. As a matter of fact, the American envoys had been caught between the hammer and the anvil. To the Fox blockade of April, 1806, Napoleon had answered by the Berlin Decree at the end of November, placing the British islands in a state of blockade, declaring all merchandise coming from England subject to confiscation and refusing admission into any French port to any vessel coming either from England or her colonies. Forbidden by England to trade with France, by France to trade with England, the neutrals were placed in a sorry plight. Yet not only did Monroe in his treaty recognize the right of visit and of impressing British seamen found on board American vessels, but he gave up the American claims to indemnity for outrages committed on American commerce in 1805, and accepted the most humiliating conditions concerning American trade with the French and Spanish colonies. Finally, before Monroe could obtain the signature of the British negotiators, he had to agree to an additional article by which he promised not to recognize the decree of Berlin. In less than three weeks Jefferson received Napoleon's decree, the text of the Pinkney-Monroe treaty, and the news of Lord Howick's retaliatory order requesting that no goods should be carried to France unless they first touched at an English port and paid a certain duty.

In spite of the pressing request of the Senate, Jefferson refused to communicate the text of the treaty. The explanation publicly given by the President was that Monroe had concluded the treaty before receiving information as to the points to be insisted upon, and that a new effort would be made to obtain the modification of some particularly objectionable features. "This is the statement we have given out," he wrote to Monroe, "and nothing more of the treaty has ever been made known. But depend on it, my dear Sir, that it will be considered as a hard treaty when it is known." If it appeared to Monroe that no amendment was to be hoped for, he was authorized to come home, leaving behind him Pinkney, who by procrastination would let it die and thus would give America more time "the most precious of all things to us."[465]

New instructions were sent accordingly to the American envoys at the end of May, but the problem of the relations with England became suddenly more acute during Aaron Burr's trial.

On June 22, the Chesapeake of the American navy, bound for the Mediterranean, was hauled up in view of Cape Henry by the Leopard of the British squadron, and summons were sent to Commodore Barron to deliver some British deserters he was supposed to have on board. Upon Barron's refusal, the Leopard opened fire and for fifteen minutes sent broadsides into the American ship, so unprepared and unready that only one shot could be fired in answer. The American flag was hauled down, British officers boarded the ship and took four deserters; after which Captain Humphreys of the Leopard declared to Barron that he could proceed on his way. The Chesapeake limped back into port, and on the twenty-fifth, Jefferson called back to Washington Dearborn and Gallatin to consider the emergency in a meeting of the Cabinet.

What his indignation over the outrage may have been is a matter of surmise. He did not express it either privately or publicly. To Governor William H. Cabell, who had sent him a special message and report, he answered diplomatically that, after consulting the Cabinet he would determine "the course which exigency and our constitutional powers call for.—Whether the outrage is a proper cause of war, belonging exclusively to Congress, it is our duty not to commit them by doing anything which would have to be retracted." But it is certain that, even at that time, he was not ready to recommend any radical step, for he added:

This will leave Congress free to decide whether war is the most efficacious mode of redress in our case, or whether, having taught so many other useful lessons to Europe, we may not add that of showing them that there are peaceable means of repressing injustice by making it the interest of the aggressor to do what is just and abstain from future wrong.[466]

It was scarcely necessary to call the Cabinet together; three days before the special meeting the President had already decided on a policy of forbearance and watchful waiting. The proclamation which was issued was moderate in tone, but Jefferson expressed more clearly in a letter to the Vice President, George Clinton, the reasons for his moderation.

The usage of nations requires that we shall give the offender an opportunity of making reparation and avoiding war. That we would give time to our merchants to get in their property and vessels and our seamen now afloat; That the power of declaring war being with the Legislature, the executive could do nothing necessarily committing them to decide for war in preference of non-intercourse, which will be preferred by a great many.[467]

In order to make even more certain that no precipitate step would be taken, it was decided to issue, on August 24, a proclamation calling Congress together, but not until the fourth Monday in October. It was the manifest hope of the President that by that date some satisfaction would be obtained from England with regard to the most flagrant violations of the "droit des gens", and that extreme measures could be avoided.