At the same moment, in January and February, 1804, Pickering and Griswold were plotting their New England confederacy. Merry was taken by them into the secret, and gave them aid. The Senate, February 9, voted to strike out the fifth article of Rufus King’s boundary convention, and to approve the other articles, which provided for fixing the disputed boundary-line of Maine, New Hampshire, and Vermont. Merry wrote to his Government that the object of cancelling the fifth article was to deprive Great Britain of her treaty-right to navigate the Mississippi:[286]—
“It is hardly necessary for me to point out to your Lordship that the other articles of the convention are of great importance to the Eastern States of America, which are much interested in the immediate settlement of the eastern boundary. I am led to believe from the language of some of the members of this State [Massachusetts] that their anxiety on this head is so great that the rejection of those articles by his Majesty would, as having been occasioned by the exclusion on the part of this government of the fifth article, prove to be a great exciting cause to them to go forward rapidly in the steps which they have already commenced toward a separation from the Southern part of the Union. The members of the Senate have availed themselves of the opportunity of their being collected here to hold private meetings on this subject, and I learn from them that their plans and calculations respecting the event have been long seriously resolved. They think that whenever it shall take place it will happen suddenly, yet with quietness and the universal concurrence of the people. Although it does not appear to be their opinion that any external secret agency would accelerate the moment, they naturally look forward to Great Britain for support and assistance whenever the occasion shall arrive.”
As the summer of 1804 came on, Merry’s despatches grew more sombre. He reported that at Norfolk twelve British ships were detained at one time in consequence of the desertion of their seamen, several of whom had entered the United States service on the frigates which were under orders for Tripoli. Six British seamen having deserted at Charleston and re-enlisted in the same way, Merry remonstrated. He was told that the seamen, having voluntarily enlisted in the United States service, could not be restored, because the British government never restored American seamen who had voluntarily enlisted. Merry could only reply that the British government did not knowingly enlist deserters. On the other hand, Madison remonstrated in “high language,” “accompanied even with some degree of menace,” against the conduct of Captain Bradley of the frigate “Cambrian,” one of the British squadron cruising off Sandy Hook, for taking a British seaman out of a British vessel within American jurisdiction. Merry added that in contrast to this strictness toward England the authorities had allowed the officers of the French frigate “La Poursuivante,” at Baltimore, to send armed parties on shore at night for the purpose of seizing French seamen, one of whom they had actually taken by force from a Spanish vessel lying at the wharf.
“From this government having brought into such serious discussion objects which would certainly have passed unnoticed had they occurred in relation to the King’s enemies, his Majesty’s ministers may be led to suspect that such a resolution has been dictated by some hostile design,” wrote Merry, with increasing solemnity; “but it is proper for me to observe that ... I cannot persuade myself that they will dare to provoke hostilities with his Majesty, at least before Mr. Jefferson’s re-election to the Presidency shall have taken place.”[287]
Merry made a representation to Madison on impressments; but his arguments did not satisfy the secretary. “This specimen of Merry shows him to be a mere diplomatic pettifogger,” wrote Madison privately to the President.[288]
Merry’s temper was in this stage of ever-increasing irritability, when an event occurred which gave him, as it seemed, a chance to gratify his resentments. After the adjournment of Congress in March the British minister heard nothing from Pickering and Griswold. Early in June he wrote home that the democrats were carrying all the elections:[289]—
“In addition to this triumph of the reigning party, there have lately appeared in the prints of this country, which are generally made the instruments of the measures of all parties, publications of the discovery that has been made of secret meetings held at this place by some of the Federal members during the last sitting of Congress for the purpose of consulting upon the important point of the separation of the Eastern from the Southern States, which publications seem to have imposed a complete silence upon the Federal adherents.”
A few weeks afterward, July 11, occurred the duel between Burr and Hamilton. Merry had no relations with Hamilton, and felt no peculiar interest in his fate; but he had become intimate with Burr at Washington, and watched his career with the curiosity which was the natural result of their common hatred of Jefferson. July 21 Burr fled from New York, and a few days afterward reached Philadelphia, where Merry was passing the summer. While there, Burr sent one of his friends—an Englishman named Williamson—to the British minister with a startling message, which Merry immediately transmitted to his Government:[290]—
“I have just received an offer from Mr. Burr, the actual Vice-President of the United States (which situation he is about to resign), to lend his assistance to his Majesty’s government in any manner in which they may think fit to employ him, particularly in endeavoring to effect a separation of the western part of the United States from that which lies between the Atlantic and the mountains, in its whole extent. His proposition on this and other subjects will be fully detailed to your Lordship by Colonel Williamson, who has been the bearer of them to me, and who will embark for England in a few days. It is therefore only necessary for me to add that if after what is generally known of the profligacy of Mr. Burr’s character, his Majesty’s minister should think proper to listen to his offer, his present situation in this country, where he is now cast off as much by the democratic as by the Federal party, and where he still preserves connections with some people of influence, added to his great ambition and spirit of revenge against the present Administration, may possibly induce him to exert the talents and activity which he possesses with fidelity to his employers.”
Meanwhile a change of ministry occurred in England. Pitt returned to power, representing a state of feeling toward America very different from that which prevailed under the mild rule of Addington. Subordinates were quick to feel such changes in the temper of their superiors. Every British officer knew that henceforth he had behind him an energetic government, which required vigorous action in maintaining what it claimed as British rights. Merry felt the new impulse like the rest; but Pitt’s return acted most seriously on the naval service. After the renewal of the war in May, 1803, a small British squadron cruised off Sandy Hook, keeping a sharp look-out for French frigates in New York Harbor, and searching every merchant-vessel for enemy’s property. During the summer of 1804 this annoyance became steadily greater, until the port of New York was almost blockaded, and every vessel that sailed out or in was liable not only to be stopped and searched, but to lose some part of its crew by impressment. The British ministry did indeed instantly recall Captain Bradley of the “Cambrian” for violating American jurisdiction, and gave strict orders for the lenient exercise of belligerent rights; but all the more it showed the intention of insisting upon the submission of America to such rules as England should prescribe. The President, already in trouble with Spain, began to feel the double peril; but Congress pressed him forward, and even while busy with the trial of Judge Chase it found time for two measures which greatly disturbed the British envoy.