The loss of this debate was unfortunate; for no private citizen ever knew the reasons which Congress considered sufficient to warrant a strain of the Constitution so violent as a permanent embargo implied. The debate was certainly dramatic: it was not only the first great political crisis witnessed in the new scenery of the Representatives’ Chamber, but it also brought John Randolph forward in an attitude which astonished even those who had witnessed the Virginian’s growing eccentricity. On Friday Randolph “scrambled” with Crowninshield for the floor, eager to force on the House a policy of embargo which he had again and again recommended as the only proper measure of national defence. On Saturday he rose again, but only to denounce his own measure as one that crouched to the insolent mandates of Napoleon, and led to immediate war with England.[138] The cry of French influence, raised by him and by the Federalist members, began on that day, and echoed in louder and louder tones for years.

On Monday, December 21, the debate closed, and the House consumed the day in voting. Amendment after amendment was rejected. Most significant of all these votes was the list of yeas and nays on the question of limiting the embargo to the term of two months. Forty-six members voted in the affirmative; eighty-two in the negative. The New England and Pennsylvania Democrats obeyed the wishes of Jefferson, and riveted a permanent embargo on the people, without public discussion of the principle or explanation of the effect which was expected from a measure more trying than war itself to patriotism. The bill then passed by a vote of eighty-two to forty-four.

So small a part was played in this debate by the expected Order in Council that members afterward disputed whether the subject was mentioned at all. Probably the Administration preferred silence in public, either for fear of prejudicing the expected negotiation with Rose, or of weakening the effect of arguments which without the order were sufficiently strong; but in private no such reticence was shown. The British minister on Monday, before the bill had become law, notified Canning not only that an embargo was about to be laid, but of the cause which produced the measure:[139]

“It has been confidentially communicated to me that an embargo on all the shipping in the United States has been proposed in Congress, and although it is strongly resisted, it is expected that it will be carried, on the ground of expecting that a proclamation by his Majesty will be issued declaring France and her dependencies in a state of blockade. I hasten to send you this letter for fear of the effect of an embargo.”

The person from whom Erskine received this confidential communication was probably the Secretary of State; for two days afterward, when the British minister wrote to say that the embargo had been laid, he added:[140]

“I propose to send off his Majesty’s packet-boat with this intelligence immediately, and avail myself of this opportunity by a private ship to inform you that the embargo is not intended, as this Government declares, as a measure of hostility against Great Britain, but only as a precaution against the risk of the capture of their ships in consequence of the decree of Bonaparte of Nov. 21, 1806, which they have just learned is to be rigorously enforced; and also from an apprehension of a retaliatory order by Great Britain.”

Thus the embargo was imposed; and of all President Jefferson’s feats of political management, this was probably the most dexterous. On his mere recommendation, without warning, discussion, or publicity, and in silence as to his true reasons and motives, he succeeded in fixing upon the country, beyond recall, the experiment of peaceable coercion. His triumph was almost a marvel; but no one could fail to see its risks. A free people required to know in advance the motives which actuated government, and the intended consequences of important laws. Large masses of intelligent men were slow to forgive what they might call deception. If Jefferson’s permanent embargo should fail to coerce Europe, what would the people of America think of the process by which it had been fastened upon them? What would be said and believed of the President who had challenged so vast a responsibility?

FOOTNOTES:

[117] Adams’s Gallatin, p. 363.

[118] Gallatin’s Writings, i. 330.