“I entertain no doubt that Jefferson stands pledged to Bonaparte to maintain the embargo until a non-intercourse or war shall succeed; and he dreads the explosion justly to be apprehended by him from the disappointment and passion of Bonaparte, should the embargo be removed without a substitute as well or better comporting with his views. Upon this aspect of things it behooves our State legislature to advance with a firm step in defence of the rights of our citizens and of the Constitution. The palatines tremble at their posts. The least relaxation or wavering in the councils of New England would give them fresh courage, and hazard the most disastrous consequences.”
Another observer wrote comments, serious in a different sense. Erskine watched with extreme interest every detail of this complicated struggle, and reported to Canning both facts and speculations which could not fail to affect the British government. Aware that Canning had won a brilliant success, Erskine labored to profit by his triumph, and to turn it in the interests of peace. A vast majority of Americans, he said,[374] wanted only some plausible excuse to justify them in resenting Napoleon’s conduct; but “they naturally wish to be saved the complete humiliation of being obliged avowedly to recant all their violent declarations of their determination never to submit to the Orders in Council of Great Britain.” He speculated “how far it might be possible still further to bend the spirit of that part of the people of the United States until they should be forced to single out France to be resisted as the original aggressors while his Majesty’s Orders in Council continued to be enforced.” After the repeal of the embargo and the refusal to make war, but one remnant of American protest against British aggressions remained. The Republican caucus, February 7, decided in favor of returning to Jefferson’s pacific non-intercourse,—the system which had been, by common consent, thrown aside as insufficient even before the embargo. February 10 Erskine gave an account of the new measure, and of its probable effect on American politics:—
“It is true that a non-intercourse law may be considered by the Eastern States very objectionable; but as it would be rather a nominal prohibition than a rigorous enforcement, a resistance to it would be less likely to be made, and of less importance if it should take place. The ultimate consequences of such differences and jealousies arising between the Southern and Eastern States would inevitably tend to a dissolution of the Union, which has been for some time talked of, and has of late, as I have heard, been seriously contemplated by many of the leading people in the Eastern division.”
The Non-intercourse Bill, which Erskine described February 10 as likely to be no more than a nominal prohibition of commerce, was reported February 11 to the House from the Committee of Foreign Relations The bill excluded all public and private vessels of France and England from American waters; forbade under severe penalties the importation of British or French goods; repealed the embargo laws, “except so far as they relate to Great Britain or France or their colonies or dependencies, or places in the actual possession of either;” and gave the President authority to reopen by proclamation the trade with France or England in case either of these countries should cease to violate neutral rights. That the proposed non-intercourse was in truth submission to the Orders in Council, no one denied.
“I conceive that great advantages may be reaped from it by England,” wrote Erskine,[375] “as she has the command of the seas, and can procure through neutrals any of the produce of this country, besides the immense quantity which will be brought direct to Great Britain under various pretences; whereas France will obtain but little, at a great expense and risk.”
Such a non-intercourse merely sanctioned smuggling, and was intended for no other purpose. Gallatin in his disgust flung open the doors to illicit commerce. When Erskine went to him to ask what was meant by “France, England, and their dependencies,” Gallatin replied that only places in actual possession of England and France were intended; that it was impossible to say what nations had decrees in force infringing neutral rights, but that even Holland would be considered an independent country.[376]
“The intention of this indefinite description,” continued Erskine, “is undoubtedly to leave open as many places for their commerce as they can, consistently with keeping up an appearance of resistance to the belligerent restrictions; but it is thoroughly understood that the whole measure is a mere subterfuge to extricate themselves from the embarrassments of the embargo system, and is never intended to be enforced.”
When this bill came before the House, another long debate arose. Hardly a trace of national pride remained. No one approved the bill, but no one struggled longer against submission. Josiah Quincy and many of the Federalists held that the surrender was not yet complete enough, and that total submission to Great Britain must precede the return of Massachusetts to harmony with the Union, or to a share in measures of government. His words were worth noting:—
“He wished peace if possible; if war, union in that war. For this reason he wished a negotiation to be opened, unshackled with those impediments to it which now existed. As long as they remained, the people in the portion of country whence he came would not deem an unsuccessful attempt at negotiation to be cause for war. If they were removed, and an earnest attempt at negotiation was made, unimpeded with these restrictions, and should not meet with success, they would join heartily in a war.”
Doubtless Quincy believed the truth of what he said; but as though to prove him mistaken in claiming even the modest amount of patriotism which he asserted for his party, Barent Gardenier immediately followed with a declaration that Great Britain was wholly in the right, and that America should not only submit to the Orders in Council, but should take pride in submission:—