“Those who thought they had injured were disposed to destroy, and were sufficiently skilful and formidable to effect their object.” Mr. Gallatin’s life for the next four years was little more than a commentary on this paragraph. There has, perhaps, never in our history been a personal contest more determined, more ferocious, more mischievous than this between Mr. Gallatin, with the Executive behind him, and the knot of his enemies who controlled the Senate; it is not too much to say that to this struggle, complicating itself with the rising spirit of young nationality, we owe the war of 1812, and some of the most imminent perils the nation ever incurred. It was not unlike the great contest of ten years before between John Adams and a similar group of Senators; it went through a similar phase, and in each case the result was dependent on the question of war or peace. There are few more interesting contrasts of character in our history than that between the New England President, with his intense personality and his overpowering bursts of passion, confronting his enemies with a will that could not control or even mask its features, and “the Genevan,” as the Aurora called him, calm, reticent, wary, never vehement, full of resource, ignoring enmity, hating strife. Perhaps a combination of two such characters, if they could have been made to work in harmony, might have proved too much even for the Senate; and, if so, a problem in American history might have been solved, for, as it was, the Senate succeeded in overthrowing both.
As Mr. Gallatin had predicted, the mission of Mr. Jackson proved to be merely one more insult, and our government very soon put an end to its relations with him and sent him away; but, in doing so, Mr. Madison expressly declared the undiminished desire of the United States to establish friendly relations with Great Britain, so that the only effect of this episode was to procure one year more of delay; precisely the object which Mr. Canning had in view. As the country now stood, Mr. Canning’s policy had been completely successful; he had taken away the neutral commerce of the United States, and the United States had submitted to his will; he had taken away her seamen, and she forced her seamen to go. Just at this moment Mr. Canning himself was thrown out of office; his dictatorial temper met more resistance from his colleagues than from America, and he found himself a private man, with a duel on his hands, at the instant when his administration of foreign affairs was most triumphant. His successor was the Marquess Wellesley, whose reputation for courtesy and liberality was high, and therefore inspired the United States with a hope of justice, for even Mr. Madison, as his letters show, could never quite persuade himself that the British government meant what its acts proclaimed.
The dismissal of Mr. Jackson immediately preceded the meeting of Congress; the interval was hardly sufficient to supply time for elaborating a new policy. The President’s message, sent in on the 29th November, 1809, was very non-committal on the subject of further legislation, and only expressed two opinions as to its character; he was confident that it would be worthy of the nation, and that it would be stamped with unanimity. What ground Mr. Madison had for this confidence, nowhere appears; and if he was honest in expressing this as an opinion rather than as a hope, he was very little aware of the condition of Congress; even Mr. Jefferson never was more mistaken.
As usual, the task of creating and carrying through Congress the Executive policy fell upon Mr. Gallatin, and as usual, bowing to the necessities of the situation, he set himself to invent some scheme that would have a chance of uniting a majority in its support and of giving government solid ground to stand upon. The task was more than difficult, it was impossible. Since the war-policy broke down and the embargo was abandoned, no solid ground was left; Mr. Gallatin, however, had this riddle to solve, and his solution was not wanting in ingenuity.
His report, sent in on December 8, 1809, for the first time announced a deficit. “The expenses of government, exclusively of the payments on account of the principal of the debt, have exceeded the actual receipts into the Treasury by a sum of near $1,300,000.” This was a part of the price of the embargo. For the next year authority for a loan of $4,000,000 would be required in case the military and naval expenditure were as large as in 1809; if Congress should resolve on a permanent increase in the military and naval establishments, additional duties would be requisite; if not, a continuation of the Mediterranean Fund would be sufficient.
But the essence of the report lay in its last paragraph. “Whatever may be the decision of Congress in other respects, there is a subject which seems to require immediate attention. The provisions adopted for the purpose of carrying into effect the non-intercourse with England and France, particularly as modified by the act of last session, under an expectation that the orders of council of Great Britain had been revoked, are inefficient and altogether inapplicable to existing circumstances. It will be sufficient to observe that exportation by land is not forbidden, and that no bonds being required from vessels ostensibly employed in the coasting-trade, nor any authority vested by law which will justify detention, those vessels daily sail for British ports without any other remedy but the precarious mode of instituting prosecutions against the apparent owners. It is unnecessary and it would be painful to dwell on all the effects of those violations of the laws. But without any allusion to the efficiency or political object of any system, and merely with a view to its execution, it is incumbent to state that from the experience of the last two years a perfect conviction arises that either the system of restriction, partially abandoned, must be reinstated in all its parts and with all the provisions necessary for its strict and complete execution, or that all the restrictions, so far at least as they affect the commerce and navigation of the citizens of the United States, ought to be removed.”
1810.
This report, as already said, was sent to Congress on the 8th December, 1809. On the 19th December, Mr. Macon, from the Committee on Foreign Relations, reported a bill which was understood to come from the Treasury Department, and which explained the somewhat obscure suggestion in the last lines of the report. This bill, commonly known as Macon’s bill, No. 1, contained twelve sections. The 1st and 2d excluded English and French ships of war from our harbors; the 3d excluded English and French merchant vessels from our harbors; the 4th restricted all importations of English and French goods to vessels owned wholly by United States citizens; the 5th, 6th, 7th, and 8th restricted these importations to such as came directly from England and France; the 9th authorized the President to remove these restrictions whenever either England or France should remove theirs; the 11th repealed the old non-intercourse, and the 12th limited the duration of the act to the 4th March, 1810.
The bill was in short a Navigation Act of the most severe kind, and met the orders in council and the French edicts on their own ground. The Federalists at once pointed out that the measure was a violent one; that it would be immediately met by Great Britain with retaliatory measures, and that the result must amount to a new embargo or to war. To this the supporters of the bill replied that government contemplated such retaliation; that it was intended to throw the burden upon England and compel her to carry it; that Congress had tried an embargo, the principle of which was non-exportation; that it had tried non-intercourse, the principle of which was non-importation; and now, since both these had failed, it must try a navigation law that could only be countervailed by restrictive measures to be carried out by England herself.
The fact soon appeared that this bill was a very difficult one for its opponents to deal with; it did in fact strike out the only policy, short of war, which was likely to bring England to terms, and which, according to Mr. Huskisson’s assertion some years later,[99] she has always found herself powerless to meet. The opponents of the bill at once showed their embarrassment in a manner which is always proof of weakness; they adopted in the same breath two contradictory arguments; the bill was too strong, and it was too weak. For the Federalists it was too strong; they wished frankly to take sides with England. For Duane and Leib it was too weak, a mean submission, a futile and disgraceful measure; not that they wished war, for they did not as yet venture to take that ground; not that they suggested any practical measure that would stand a moment’s criticism; but that they were decidedly opposed to this special plan. So far as war was concerned, the President was still in advance of Congress, for not only was Macon’s bill a stronger measure than the majority relished, but the President was calling upon Congress to fill up the army and the navy, and Mr. Gallatin was steadily pressing for war taxes.