But in judging of it we must remember that treaty stipulations in continental diplomacy, like flags of truce in Mexico, depend almost entirely on circumstances whether they are regarded or not, and hence the circumstances are more important than written stipulation. European treaties, like European diplomacy, have in the past, served only to illustrate the duplicity and faithlessness of monarchs. The question is, how events in their progress have settled the difficulties, as fate settles them, and not as commissioners.
Now it was evident, both to the English and American commissioners, that articles on neutral rights and the impressment of seamen, were useless. Our navy and privateers had disposed of those questions, for ever. Our broadsides furnished better guaranties than strips of parchment, adorned with impressions of regal seals.
It was the fact that those two great causes of hostility, violation of neutral rights and impressment of seamen, were practically and permanently disposed of, which reconciled the nation to their omission in the treaty. Our people pay no attention to forms, only so far as they sanction their just claims. In this view, the acquiescence in the treaty, instead of exhibiting humility and fear on our part, indicate quite the reverse. Nothing can be more erroneous than to suppose that because those rights, for the protection of which we had gone to war, were not mentioned in the treaty, we therefore had concluded to waive them. On the contrary, we consented to leave them unnoticed, because we knew we had obtained them forever. No one in England or the United States doubted that these were definitely settled, and those who sneeringly ask "what we gained by the war?" make the letter equivalent to the spirit, a form more important than a fact. The simple truth is, we got what we fought for, and it exhibits a narrow spirit to say, that because it was not engrossed on parchment it amounted virtually to nothing.
CHAPTER XII.
Cruise of the Constitution — Action with the Cyane and Levant — Chased by a British fleet — England's views of neutral rights and the law of nations — Her honor and integrity at a discount — Singular escape of the Constitution — Recapture of the Levant under the guns of a neutral port — Lampoons on the English squadron for its contemptible conduct — Decatur — Capture of the President — The Hornet captures the Penguin — Chased by a ship of the line — Narrow escape — Cruise of the Peacock — Review of the American Navy — Its future destiny.
Naval warfare did not cease with the peace, for it was a long time before all our cruisers received notice of it.
The old Constitution, when Bainbridge gave up the command of her in 1813, was put on the stocks to undergo repairs, and did not get to sea again till 1814, when, under the command of Captain Stewart, she cruised southward, without meeting any vessel of her own size. 1814. She took the Nector, a war schooner of fourteen guns, and a few merchantmen, and returned to Boston. On the 17th of December she again put to sea, and cruised off the coast of Portugal.
Feb. 20, 1815.
Not meeting with the enemy, Captain Stewart, on the 20th of February, 1815, stood off south-west towards Madeira, and in the afternoon made two strange sail. He immediately started in pursuit of the nearest, hoping to overtake her before she could join her consort. The moment, however, the stranger discovered the Constitution, he stood away under every stitch of canvass he could spread. The Constitution also "set studding sails alow and aloft," and under a perfect cloud of canvass, bowled along at a tremendous rate. At length the main royal mast of the latter gave way in the strain, which gave the stranger so much the advantage that he effected a junction with his consort. The two then hailed each other, "came by the wind, hauled up their courses," and cleared for action. They were the Cyane, carrying thirty-four guns, and the Levant, twenty-one—the crew of the former numbering one hundred and eighty men, the latter one hundred and fifty-six.