2576. EMBARGO, Proclamation suspending.—
I never doubted the chicanery of
the Anglomen on whatever measures you should
take in consequence of the disavowal of Erskine;
yet I am satisfied that both the proclamations
have been sound. The first has been
sanctioned by universal approbation; and although
it was not literally the case foreseen by
the Legislature, yet it was a proper extension
of their provision to a case similar, though not
the same. It proved to the whole world our
desire of accommodation, and must have satisfied
every candid federalist on that head. It
was not only proper on the well-grounded confidence
that the arrangement would be honestly
executed, but ought to have taken place even
had the perfidy of England been foreseen.
Their dirty gain is richly remunerated to us by
our placing them so shamefully in the wrong,
and by the union it must produce among ourselves.
The last proclamation admits of quibbles,
of which advantage will doubtless be endeavored
to be taken, by those for whom gain is
their God, and their country nothing. But it is
soundly defensible. The British minister assured
us, that the orders of council would be
revoked before the 10th of June. The Executive,
trusting in that assurance, declared by
proclamation that the revocation was to take
place, and on that event the law was to be suspended.
But the event did not take place, and
the consequence, of course, could not follow.
This view is derived from the former non-intercourse
law only, having never read the latter
one. I had doubted whether Congress must not
be called; but that arose from another doubt,
whether their second law had not changed the
ground, so as to require their agency to give
operation to the law.—
To President Madison. Washington ed. v, 463.
(M.
Aug. 1809)
