(2) Canning further required that the United States should formally renounce the pretension to a colonial trade in war which was not permitted in time of peace. To this condition, which Erskine seems to have stated as applying only to the direct carrying-trade to Europe, Robert Smith replied that it could not be recognized except in a formal treaty; but that it was practically unimportant, because this commerce, as well as every other with France or her dependencies, was prohibited by Act of Congress. Erskine accepted this reasoning, and left the abstract right untouched.
(3) Canning lastly demanded that the United States should recognize the right of Great Britain to capture such American vessels as should be found attempting to trade with any of the Powers acting under the French Decrees. To this suggestion Secretary Smith replied that the President could not so far degrade the national authority as to authorize Great Britain to execute American laws; but that the point seemed to him immaterial, since no citizen could present to the United States government a claim founded on a violation of its own laws. Erskine once more acquiesced, although the trade with Holland was not a violation of law, and would probably give rise to the very claims which Canning meant to preclude.
Having thus disposed of the three conditions which were to be distinctly and officially recognized, Erskine exchanged notes with Robert Smith, bearing date April 18 and 19, 1809, chiefly admirable for their brevity, since they touched no principle. In his note of April 18, Erskine said that the favorable change produced by anticipation of the Non-intercourse Act had encouraged his Government to send out a new envoy with full powers; and that meanwhile his Majesty would recall his Orders in Council if the President would issue a Proclamation renewing intercourse with Great Britain. Secretary Smith replied on the same day that the President would not fail in doing so. April 19, Erskine in a few lines announced himself “authorized to declare that his Majesty’s Orders in Council of January and November, 1807, will have been withdrawn as respects the United States on the 10th of June next.” Secretary Smith answered that the President would immediately issue his Proclamation. Two days afterward the four notes and the Proclamation itself were published in the “National Intelligencer.”
The United States heard with delight that friendship with England had been restored. Amid an outburst of joy commerce resumed its old paths, and without waiting for June 10 hurried ships and merchandise to British ports. No complaints were heard; not a voice was raised about impressments; no regret was expressed that war with France must follow reconciliation with England; no one found fault with Madison for following in 1809 the policy which had raised almost a resolution against President Washington only fourteen years before. Yet Madison strained the law, besides showing headlong haste, in acting upon Erskine’s promises without waiting for their ratification, and without even asking to see the British negotiator’s special powers or instructions. The haste was no accident or oversight. When Turreau remonstrated with Gallatin against such precipitate conduct contrary to diplomatic usage, Gallatin answered,—
“The offers could not be refused.”
“But you have only promises,” urged Turreau; “and already twelve hundred vessels, twelve thousand sailors, and two hundred million [francs] of property have left your ports. May not the English take all this to serve as a guarantee for other conditions which their interest might care to impose?”
“We would like it!” replied the Secretary of the Treasury. “Perhaps our people may need such a lesson to cure them of British influence and the mania of British commerce.”[62]
Impatient at the conduct of Congress and the people, Madison was glad to create a new situation, and preferred even hostilities to the Orders in Council. Erskine’s conduct was unusual, yet Great Britain had shown no such regard for Madison’s feelings that Madison should hesitate before the eccentricities of British diplomacy. Perplexed to account for Canning’s sudden change, the President and his friends quieted their uneasiness by attributing their triumph to their own statesmanship. The Republican newspapers, the “National Intelligencer” at their head, announced that England had been conquered by the embargo, and taunted not only the Federalists but also the Northern Republicans with the triumph. While nothing could be more positive than the language thus encouraged by the Government, the error was partly redeemed by the tenderness with which it was used to soothe the wounded feelings of Jefferson.
“The bright day of judgment and retribution has at length arrived,” said the “National Intelligencer” of April 26, “when a virtuous nation will not withhold the tribute of its warmest thanks from an Administration whose sole ambition has ever been to advance the happiness of its constituents, even at the sacrifice of its present popularity. Thanks to the sage who now so gloriously reposes in the shades of Monticello, and to those who shared his confidence!... It may be boldly alleged that the revocation of the British Orders is attributable to the embargo.”
President Madison wrote to Jefferson somewhat more cautiously:[63] “The British Cabinet must have changed its course under a full conviction that an adjustment with this country had become essential.” Accepting quietly a turn of fortune that would have bewildered the most astute diplomatist, Madison made ready to meet the special session of Congress.