as between an upper and a nether millstone. If American ships ventured to trade with England, they were held subject to capture by the French; should they trade with the French, they were liable to capture by the English. Onehalf of the mercantile ports of the world were closed by England, the other half by France. And, furthermore, America could not even carry on trade between ports on her own coast without running the risk of being waylaid by some British cruiser insisting on the right of search and impressment.

334. The Affair of the Chesapeake and Leopard-June 22, 1807.-As a consequence of this state of affairs an event occurred in 1807 which aroused Americans in all parts of the country. The British frigate Leopard fired into the American frigate Chesapeake off the coast of Virginia, causing the latter to strike her colors. Four sailors, three of them American citizens, were seized. The Americans were thrown into prison, and the fourth man was tried by court martial and promptly hanged from the yard-arm of a British man-of-war. Hereupon the president promptly ordered all British war vessels out of American ports, called a special session of congress to consider the state of public affairs, and dispatched a vessel to England to demand reparation.

335. Jefferson's Policy of Nonresistance. To meet these outrages committed against American commerce by England, three ways suggested themselves to Jefferson-war, diplomacy, or retaliatory legislation.

War was dismissed as impossible, the United States not being prepared for such an event. Indeed, Jefferson, as a man of peace, was at all times opposed to war, and in pursuance of this policy had discouraged the building of a navy. At the very beginning of the Napoleonic wars, congress, at Jefferson's suggestion, had authorized the building of a large number of small gunboats, mounted with one or two guns each, and intended for coast defence only. In case of emergency, these were to be manned by volunteer crews selected from the militia. When not in use, they were to

be hauled up under sheds, like a farmer's implements during the winter season. This gunboat flotilla became the laughing stock of both Europe and America.

Hoping to settle the matter by diplomacy, Jefferson dispatched James Monroe and William Pinckney to England to arbitrate the difficulties. They negotiated a treaty, but this, when submitted to Jefferson, was so unsatisfactory that he rejected it-refusing even to submit it to the senate.

The only course now left was to resort to retaliatory legislation. Accordingly, a Nonimportation Act, an Embargo Act, and later, a Nonintercourse Act, were passed by congress.

336. Nonimportation Act Goes into Effect-Dec. 14, 1807.-Congress, prior to the Chesapeake affair, had passed a Nonimportation Act (April 18, 1806) prohibiting the importation of all English goods which came into competition with American manufactures. This act, however, was to go into effect at the discretion of the president. After the Chesapeake affair he purposely delayed action on the matter until he could hear England's reply to his demand for reparation. That reply being evasive, he ordered that the Nonimportation Act become opérative December 14, 1807.

337. The Embargo Act-Dec. 22, 1807.-A few days after the Nonimportation Act had gone into effect, congress, on Jefferson's advice, passed an Embargo Act, prohibiting American vessels leaving America for any foreign port. The act was unpopular, and was evaded by American seamen. It failed to bring either England or France to terms, and did great injury both to the shipping interests and the export trade of the country-while it almost ruined the farming class. Manufactures alone reaped a benefit from this unwise legislation.

338. Nonintercourse Act-1809.-Just before the close of Jefferson's administration both the Embargo and Nonimportation Acts were repealed (February 28, 1809) and replaced by a Nonintercourse Act (March 1, 1809) which forbade British and French vessels to enter the ports of the United

States, suspended all trade with those countries, and prohibited the importation of any of their products or manufac

tures.

Jefferson's whole policy had been to avert war, and to bring England and France to terms by restricting their commerce. But the experiment had failed-neither country had been brought to terms, and war was still threatening when he retired from office March 4, 1809.

339. Presidential Election of 1808.-Meanwhile the presidential election had taken place, resulting in the choice of James Madison of Virginia for president, and George Clinton of New York for vice-president. Out of the one hundred seventy-six electoral votes, the Democratic-Republicans received one hundred twenty-two, and the Federalists but forty-four. Charles C. Pinckney of South Carolina and Rufus King of New York were the candidates of the Federalist party.

In the contest, the Democratic-Republicans adhered to the principles of Jefferson, approved the purchase of Louisiana, and professed belief in the wisdom of Jefferson's Embargo Act. The Federalists railed at the purchase of Louisiana, and condemned Jefferson's Embargo Act as not included in the powers of congress to regulate commerce.

MADISON'S ADMINISTRATION

DEMOCRATIC-REPUBLICAN: 1809-1817

340. James Madison, fourth president of the United States, graduated from Princeton College at the age of twenty-one. He became an active member of the Continental Congress during the closing days of the Revolution. Recognizing the weakness of the government under the Articles of Confederation, he put forth every effort to have the Articles amended. In the Constitutional Convention he was one of the most conspicuous members. The perfecting of the constitution was due more to the skill of Madison than that of any other man. Being a Virginian, it was largely

through his influence with the southern delegates that the three great compromises were brought about; and it was also due to his influence that Virginia ratified the constitution. The services rendered by Madison in connection with the making and the ratification of the constitution won for him the appellation "The Father of the Constitution."

After the formation of the Democratic-Republican party he immediately took a place beside Jefferson as one of its prominent leaders. He was the author of the Virginia resolutions in 1798. He served several terms in the national congress, and for eight years was Jefferson's secretary of state.

Always opposed to war, he yielded to the declaration of war in 1812, only under the threat that his party would defeat his reëlection if he opposed it. Historians have held that his management of that war was feeble, due to the fact that his abilities were unsuited to the management of vigorous military campaigns.

As a man, he was modest at all times; quiet, and reserved in his manner; and noted for his refinement, his learning, and his courteous treatment of friend and foe. He served two terms as president, being reëlected in 1804, with Elbridge Gerry as vice-president. Madison was born in Virginia in 1751, and died at Montpelier, that state, in 1836.

341. Effect of the Repeal of the Embargo.-The repeal of the Embargo Act came at a time when Napoleon had lost Spain as an ally,—an event which threw the ports of Spain and Portugal open to American commerce. Using these ports as intermediary stations, American seamen were thereby enabled to carry on trade with both England and France. And then, too, France and England also permitted (under special license) direct trade with America in some articles.

Under these favorable conditions American commerce revived, and American seamen were once more engaged in carrying nearly the whole of the commerce of Europe.

342. Madison's Negotiations.-The Nonintercourse Act, however, remained, and Madison at once sought to use it as a means of securing a repeal of the British Orders in Council and Napoleon's Decrees.

He accordingly negotiated with the British envoy at Washington a treaty withdrawing the Orders in Council. As soon as the treaty was signed, Madison issued a proclamation suspending the British clause of the Nonintercourse Act. This sent all the merchant ships then shut up in America flying to foreign ports. But Madison had been too hastywhen the treaty reached England it was rejected by the British government. The envoy had exceeded his instructions, and Madison was now forced to issue a proclamation renewing the act. An attempt to negotiate with France met with little better success, though the attitude of France was more conciliatory than that of England. In this, however, Napoleon was playing a desperate game of war politics in which he planned both to despoil American commerce and to provoke the United States and England to war.

343. The Macon Bill-May 1, 1810.-Thus all retaliatory legislation had failed. Congress, now tired of resistance, passed the Macon Bill Number Two, which in effect repealed the Nonintercourse Act. The bill, however, contained the foolish proviso that the president could declare the act in force against either England or France, should the commercial Orders or Decrees of either nation be continued in force while those of the other were repealed.

344. Napoleon's Double Dealing.-This proviso in the Macon Bill led to new complications. It practically said that if England repealed her Orders in Council and France kept her Berlin and Milan Decrees in force, then the United States would become the friend of England and the enemy of France. On the other hand, should France repeal her Decrees while England left the Orders standing, the situation would be reversed.

Napoleon, quick to see his opportunity, sent a letter to the