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The British blockading division was under the command of Captain John Hayes, of the razee⁴⁶³ "Majestic," and consisted, besides that ship, of the forty-gun 24-pounder frigate "Endymion," and the thirty-eight-gun 18-pounder frigates "Pomone" and "Tenedos"; the latter of which had joined on the 13th. The vessels were driven off shore by the violence of the gale; but Hayes, reasoning as a seaman, anticipated both Decatur's sailing that night and his probable course. After clearing the bar, the "President" steered nearly due east, along the south shore of Long Island, for fifty miles, when she headed off, southeast by east, for the open sea. At 5 A.M. three of the British squadron were seen ahead on the new course; the fourth, the "Tenedos," being then out of sight to the southward, either detached for a wider sweep of watchfulness, or separated by the gale.

The "President," on seeing the enemy, hauled up again along shore, and a stern chase began, which lasted till near nightfall of the 15th; the "Endymion" leading the British squadron. The "Tenedos" being sighted soon after daybreak, Hayes detached the "Pomone" to ascertain what ship it was; a step which for the time threw the "Pomone," as well as the "Tenedos," out of the running. At 5 P.M. the "Endymion" had got well within point-blank shot of the "President." It must be appreciated that, with the whole hostile squadron at her heels, the American frigate could not delay, or turn her side with its battery towards an assailant behind; for to do so enabled the others to gain on her. On the other hand, the pursuer could so deflect—yaw—at frequent intervals, and having the greater speed could continually recover the ground thus lost. This was what Captain Hope of the "Endymion" did, with sound judgment. He took a position on the off-shore quarter of the "President," where neither her broadside nor stern guns could bear upon him, so long as she held her course. Thence, yawing continually, the "Endymion" poured in her successive broadsides, practically unopposed, mistress of the situation.

Decatur endured this for a time; but it was the military merit of his antagonist's conduct that it must eventually force him to turn aside, and so convert the stern chase of the British squadron to the more hopeful attempt to cut him off on a new course. After half an hour the "President's" helm was put to port, and the ship headed abruptly south, threatening to cross the "Endymion's" bow, and rake. The British frigate had to follow this movement of her opponent, and the two ran off on parallel lines, exchanging broadsides. The object of Decatur was to dismantle this enemy, strip him of his motive power, and so increase his own chance of escape. In this he was successful. After two hours and a half, between 8 and 8.30 P.M., the "Endymion's" sails were stripped from the yards. She dropped astern, and the "President" again steered east, bringing the other enemy's ships once more in her wake,—a stern chase.

At 11 P.M. the "Pomone" and "Tenedos" overtook her. These were of the class of the "Guerrière," "Macedonian," and "Shannon," very much lighter, singly, than the "President," which had a heavier battery than the "Constitution." Had the American ship retained her normal speed, she probably would have escaped; but the "Pomone," the first to arrive, outsailed her without using studdingsails, which the "President" was still able to carry alow and aloft, despite her engagement with the "Endymion." This fresh British ship luffed to port, and fired her starboard broadside. The "President" imitated the manœuvre, heading up to north; but she did not fire. At this point the historian is met by a direct contradiction of evidence. Decatur says that the "Pomone" was now on the port bow, within musket-shot,⁴⁶⁴ the "Tenedos" five hundred yards astern, "taking up a raking position on our quarter, and the rest (with the exception of the 'Endymion') within gunshot."⁴⁶⁵ These statements are confirmed by the sworn testimony before the American Court of Inquiry. The log of the "Pomone," published with intention, reads that the "Tenedos" was not more than three miles off,—a distance to which no gun on shipboard of that day could carry,—and the "Endymion" and "Majestic" so far away that they did not come on the scene until 12.45 and 3 A.M., respectively, of the 16th. The "Pomone" fired a second broadside, and hauling still further to port was about to discharge a third, from a raking position ahead, when the "President" struck. She had not fired a gun at either the "Pomone" or the "Tenedos." The log of the "Pomone" is clear on this point, and Decatur's elaborate report makes no mention of having done so. The witnesses before the Court of Inquiry are equally silent.

Between the "Endymion" and the "President," in point of battery, the proportion of force was as four to three, in favor of the American ship. Against that must fairly be weighed the power of the "Endymion" to maintain for half an hour a quartering and raking position, owing to the necessity to escape laid on the "President." A quantitative estimate of this advantage would be largely guess; but it may safely be said that the disproportion of killed and wounded⁴⁶⁶ can probably be laid to this, coupled with the very proper endeavor of Decatur to throw off his immediate enemy by aiming at her spars. After two and a half hours' fighting, the sails of the "Endymion" were "stripped from the yards," Captain Hayes reported; while the "President," by the "Pomone's" log, "continued to stand east under a press of sail," all studdingsails set, from lower to royal. This result accounts for where the "President's" shot went, and under the circumstances should have gone, and for why the "Endymion" lost fewer men; and it was not the sole reason for the last. There is, in the writer's judgment, no ground whatever for the assumption that the "Endymion" did, or singly would, have beaten the "President." The disparity of material force was counterbalanced by the circumstance that the "President" had the other vessels to take into account. From the legal point of view ships merely in sight contribute, and are therefore entitled to prize money. In the present instance they necessarily affected the manœuvring and gunnery of the "President."

There is a good deal of human nature, and some food for quiet entertainment, in the British accounts. There were several to share, and apparently the glory was not quite enough to go round. With Admiral Hotham, not present in the action, but in immediate command of the station during Cochrane's absence at New Orleans and Cockburn's in Georgia, it was "the force which I had collected off the bar of New York." Captain Hayes had much to say on his calculations of the enemy's movements: "What is a little singular, at the very instant of arriving at the point of the supposed track of the enemy, Sandy Hook west-northwest fifteen leagues, we were made happy by the sight of a ship and a brig, not more than two miles on the weather bow." The published report of Captain Hope, of the "Endymion," is simple and modest; but some of his followers apparently would have all the glory. The "Endymion" had done the whole business. This drew forth the publication of the "Pomone's" log, concerning which the Naval Chronicle remarks, "It appears that some differences have taken place between the British frigates engaged, as to the honor of having captured the 'President.'"⁴⁶⁷

Had Decatur appreciated at the moment that his speedy surrender to the "Pomone" would be attributed to the subjection to which the "Endymion" was supposed to have reduced his ship, he very probably would have made a second fight of it. But he was convinced that ultimate escape was impossible. "Two fresh," though much weaker, ships of the enemy at hand, his own having fought for two hours and a half; "about one fifth of my crew killed and wounded, my ship crippled, and a more than fourfold force opposed to me, without a chance of escape left, I deemed it my duty to surrender." Physical and mental fatigue, the moral discomfiture of a hopeless situation, are all fairly to be taken into account; nor should resistance be protracted where it means merely loss of life. Yet it may be questioned whether the moral tone of a military service, which is its breath of life, does not suffer when the attempt is made to invest with a halo of extraordinary heroism such a resistance as Decatur made, by his own showing. Unless the "President" was really thrashed out by the "Endymion," which was the British assertion,⁴⁶⁸ she might have put one of his Majesty's thirty-eight-gun frigates, the "Pomone," out of commission for a long time; and that, in addition to the "Endymion,"—the two fastest British vessels,—would have been no light matter in the then state of the New York blockade. If the finding of the American Court of Inquiry,⁴⁶⁹ that "the 'Endymion' was conquered, while the 'President' in the contest with her had sustained but little injury," be admitted, there seems no reply to the comment that the "President" surrendered within musket-shot of a thirty-eight-gun frigate which with three or four broadsides she should have nearly annihilated. She was out to destroy commerce and enemy's cruisers, and she struck before her powers in that respect—by the Court's finding—were exhausted. Escape was impossible; one object of her cruise—the enemy's commerce—had become impracticable; was it justifiable to neglect the last opportunity for the other? Decatur's personal gallantry is beyond question; but, if the defence of the "President" is to be considered "glorious," and "heroic," it is difficult to know what term can be applied to that of the "Essex." War is violence, wounds, and death. Needless bloodshed is to be avoided; but even more, at the present day, is to be deprecated the view that the objects of a war are to be sacrificed to the preservation of life.

After a long detention, through the closeness of the Boston blockade, the "Constitution," still commanded by Captain Charles Stewart, effected her escape to sea towards the end of December. On February 20, 1815, two hundred miles east-northeast from Madeira, she fell in with two British ships of war, the "Cyane," and the "Levant," then on their way from Gibraltar to the Azores, and thence to the American coast. The "Cyane," a frigate-built ship, carried a battery of carronades: thirty 32-pounders, two 18-pounders. She had also two long 9-pounders; making a total of thirty-four guns, throwing a broadside weight of five hundred and seven pounds.⁴⁷⁰ The "Levant" was a sloop of war, of the American "Hornet" class, carrying eighteen 32-pounder carronades and two long 9-pounders; giving two hundred and ninety-seven as her broadside weight. Between the two they therefore threw eight hundred and four pounds of metal. The "Constitution's" broadside was seven hundred and four pounds; but of this three hundred and eighty-four were in long 24-pounders. Supposing both parties willing to fight under such circumstances, the game would be all in the "Constitution's" hands. Her problem rather was so to conduct the contest that neither enemy should escape. Captain Stewart, in reporting his success, dwelt upon the advantages derived by the enemy "from a divided and more active force, as also their superiority in the weight and numbers of guns." One cannot but feel the utmost diffidence in differing from a seaman of the time, and one so skilful as Stewart; but the advantage of a divided force is as difficult to see as the superiority in battery power.

Though consorts, the enemy when first seen were separated by a distance of ten miles; and were sighted successively between 1 and 2 P.M. The wind was easterly and light. The "Constitution" was unable to prevent their junction, which was effected at 5.45. They then formed in line on the starboard tack, the "Levant" leading; with an interval between them of three hundred feet. At six the "Constitution" drew up on the weather side of the "Cyane," and five minutes later the action began at a distance of three hundred yards. After a quarter of an hour, noting the enemy's fire to slacken, Stewart stopped his own, to allow the smoke to lift. When he could see, he found the "Constitution" abreast the "Levant," with the "Cyane" astern, luffing up for his port quarter. He gave his port broadside to the "Levant," then braced aback his after-sails, and so went astern towards the "Cyane," bringing her abeam under cover of the renewed cannonade. At 6.35—about ten minutes later—the enemy's fire again weakened, and the "Levant" was seen to be bearing up before the wind. Stewart made sail ahead, raked her twice from astern with the port guns, and then saw the "Cyane" also wearing. The "Constitution" immediately wore short round, and caught this opponent before she had completed her manœuvre, so that she raked her also from astern with the starboard battery. The "Cyane" then came to the wind on the port tack, and fired that broadside, to which the "Constitution," having reloaded after raking, was about to reply, when, at 6.50 this enemy struck, and fired a lee gun,—the signal of submission. A prize crew, with a party of marines to guard prisoners, was hastily thrown on board, and at eight the "Constitution" made sail again after the "Levant." At 8.30 this plucky little ship was met returning to the conflict. At 8.50 the two passed on opposite tacks, and exchanged broadsides, after which the "Constitution" kept away under the enemy's stern and raked again. The "Levant" could now run with a clear conscience. Whatever argument can be based on the united batteries of the two British ships, and the advantage of divided force, eighteen 32-pounder carronades were no match for the "Constitution." The "Levant" took to her heels, but at 10 P.M. was overtaken and surrendered.⁴⁷¹

The losses as reported by Stewart were: "Constitution," killed three; wounded twelve; "Cyane," killed twelve; wounded twenty-six; "Levant," killed twenty-three; wounded sixteen. Captain Stewart's management of his vessel was strikingly clever and prompt. The advantages which he attributed to the enemy, an aggregate of guns, slightly superior in total weight, divided between two smaller ships, the author has never been able to recognize.⁴⁷²

The sloops of war "Hornet," Commander James Biddle, and "Peacock," Commander Lewis Warrington, and the brig "Tom Bowline," which were waiting their opportunity in the lower bay of New York when the "President" sailed, got to sea five days after her, January 20. When two days out, the "Hornet" separated in chase. The vessels had a rendezvous at the lonely island of Tristan d'Acunha, in the South Atlantic, some fifteen hundred miles west of the Cape of Good Hope. The "Hornet" arrived first, and was about to anchor, at 10.30 in the morning of March 23, when a sail was seen to the southeast, steering west. As it soon passed behind the island, the "Hornet" made sail to the westward, and the two shortly came within sight. The stranger was the British sloop of war "Penguin," Captain Dickinson. By the report of Captain Biddle, based on examination after the action, she carried sixteen 32-pounder carronades, two long 12-pounders in broadside, and one long twelve on a pivot, fighting either side. The "Hornet" had eighteen 32-pounder carronades, and two long twelves.

The wind being south-southwest, the "Penguin" was to windward, and bore up to close. At 1.40 P.M., being nearly within musket-shot, she hauled to the wind on the starboard tack, a movement which the "Hornet" at once imitated, and the battle began; the "Hornet" to leeward, the two running on parallel courses,—an artillery duel. The "Penguin" drew gradually nearer, and at 1.55 put her helm hard up, to run her antagonist on board. The American crew were called to repel boarders, and so were on hand when the enemy's bowsprit came in between the main and mizzen rigging; but, while ready to resist an attempt to board, the course of the action had so satisfied Biddle of the superiority of his ship's gunnery that he would not throw his men away in a hand-to-hand contest upon the enemy's decks. The small arms men and marines, however, distributed along the "Hornet's" side kept up a lively musketry fire, which the British endured at great disadvantage, crowded upon the narrow front presented by a ship's forecastle. The "Penguin" finally wrenched clear with the loss of her foremast and bowsprit, and in this crippled state surrendered immediately. From the first gun to hauling down the flag was twenty-two minutes. The British ship had lost fourteen killed and twenty-eight wounded, her captain being among the slain. The "Hornet" had one killed and ten wounded. The comparative efficiency of the two vessels is best indicated by the fact that the "Hornet" had not a single cannon-ball in her hull, nor any serious injury even to her lower masts; yet that her rigging and sails were very much cut proves that her opponent's guns were active. By the ready skill of the seamen of that day she was completely ready for any service forty-eight hours later. The "Penguin" was scuttled.

The action between the "Hornet" and "Penguin" was the last naval combat of the War of 1812. The day after it, March 24, the "Peacock" and "Tom Bowline" arrived, in time to see the "Penguin" before her captor sunk her. The brig "Macedonian," which had sailed in company with the "President," but escaped her fate, also came to Tristan d'Acunha, which would seem to have been intended as a fresh starting point for some enterprise in common.

CHAPTER XVIII
THE PEACE NEGOTIATIONS

The Government of the United States had been honestly loath to declare war in 1812, and had signalized its reluctance by immediate advances looking to a restoration of peace. These were made through Jonathan Russell, the chargé d'affaires in London when hostilities began. To use the expression of Monroe, then Secretary of State, "At the moment of the declaration of war, the President, regretting the necessity which produced it, looked to its termination, and provided for it."⁴⁷³ The two concessions required as indispensable, in the overture thus referred to, dated June 26, 1812, were the revocation of the Orders in Council, and the abandonment of the practice of impressing from American merchant ships. Should these preliminary conditions be obtained, Russell was authorized to stipulate an armistice, during which the two countries should enter upon negotiations, to be conducted either at Washington or in London, for the settlement of all points of difference.

Russell made this communication to Castlereagh August 24, 1812. Before this date Admiral Warren had sailed from England for the American command, carrying with him the propositions of the British Government for a suspension of hostilities, consequent upon the repeal of the Orders in Council.⁴⁷⁴ In view of Warren's mission, and of the fact that Russell had no powers to negotiate, but merely to conclude an arrangement upon terms which he could not alter, and which his Government had laid down in ignorance of the revocation of the Orders, Castlereagh declined to discuss with him the American requirements. "I cannot, however," he wrote, "refrain on one single point from expressing my surprise, namely, that as a condition preliminary even to a suspension of hostilities, the Government of the United States should have thought fit to demand that the British Government should desist from its ancient and accustomed practice of impressing British seamen from the merchant ships of a foreign state, simply on the assurance that a law shall hereafter be passed to prohibit the employment of British seamen in the public or commercial service of that state."⁴⁷⁵ "The Government could not consent to suspend the exercise of a right upon which the naval strength of the empire mainly depends," until fully convinced that the object would be assured by other means. To a subsequent modification of the American propositions, in form, though not in tenor, the British minister replied in the same spirit, throwing the weight of his objections upon the question of impressment, which indeed remained alone of the two causes of rupture.⁴⁷⁶

Commendable as was its desire for peace, the American Government had made the mistake of being unwilling to insure it by due and timely preparation for war. In these advances, therefore, its adversary naturally saw not magnanimity, but apprehension. Russell, in reporting his final interview, wrote, "Lord Castlereagh once observed somewhat loftily, that if the American Government was so anxious to get rid of the war,⁴⁷⁷ it would have an opportunity of doing so on learning the revocation of the Orders in Council." The American representative rejoined with proper spirit; but the remark betrayed the impression produced by this speedy offer, joined to the notorious military unreadiness of the United States. Such things do not make for peace. The British ministry, like a large part of the American people, saw in the declaration of war a mere variation upon the intermittent policy of commercial restrictions of the past five years; an attempt to frighten by bluster. In such spirit Monroe, in this very letter of June 26 to Russell, had dwelt upon the many advantages to be derived from peace with the United States; adding, "not to mention the injuries which cannot fail to result from a prosecution of the war." In transcribing his instructions, Russell discreetly omitted the latter phrase; but the omission, like the words themselves, betrays consciousness that the Administration was faithful to the tradition of its party, dealing in threats rather than in deeds. Through great part of the final negotiations the impression thus made remained with the British ministers.

On September 20, 1812, the Chancellor of the Russian Empire requested a visit from the American minister resident at St. Petersburg, Mr. John Quincy Adams. In the consequent interview, the next evening, the Chancellor said that the Czar, having recently made peace and re-established commercial intercourse with Great Britain, was much concerned that war should have arisen almost immediately between her and the United States. Hostilities between the two nations, which together nearly monopolized the carrying trade of the world, would prevent the economical benefits to Russia expected from the recent change in her political relations. The question was then asked, whether a proffer of Russian mediation would be regarded favorably by the United States. Adams had not yet received official intelligence even of the declaration of war, and was without information as to the views of his Government on the point suggested; but he expressed certainty that such an advance would be cordially met, and he could foresee no obstacle to its entertainment. The proposal was accordingly made to the President, through the customary channels, and on March 11, 1813, was formally accepted by him. James A. Bayard and Albert Gallatin were nominated commissioners, conjointly with Mr. Adams, to act for the United States in forming a treaty of peace under the mediation of the Czar. They sailed soon afterwards.

The American acceptance reached St. Petersburg about June 15; but on that day Adams was informed by the Chancellor that his despatches from London signified the rejection of the Russian proposition by the British Government, on the ground that the differences with the United States involved principles of the internal government of Great Britain, which could not be submitted to the discussion of any mediation.⁴⁷⁸ As the Russian Court was then in campaign, at the headquarters of the allied armies, in the tremendous operations of the summer of 1813 against Napoleon, much delay necessarily ensued. On September 1, however, the British ambassador, who was accompanying the Court in the field, presented a formal letter reaffirming the unwillingness of his Government to treat under mediation, but offering through the Czar, whose mediatorial advance was so far recognized, to nominate plenipotentiaries to meet those of the United States in direct consultation. In the backward and forward going of despatches in that preoccupied and unsettled moment, it was not till near November 1 that the British Foreign Office heard from the ambassador that the American commissioners were willing so to treat, and desirous to keep their business separate from that of the continent of Europe; but that their powers were limited to action through the mediation of Russia. Castlereagh then, on November 4, addressed a note to the United States Government, offering a direct negotiation. This was accepted formally, January 5, 1814;⁴⁷⁹ and Henry Clay with Jonathan Russell were added to the commission already constituted, raising the number of members to five. The representatives of Great Britain were three: Admiral Lord Gambier, Henry Goulburn, and William Adams. Ghent was fixed upon for the place of meeting.

The instructions issued to the American commissioners were voluminous. They contained not only the requirements of the Government, but arguments from every point of view, and alternatives of several descriptions, to meet anticipated objections. Such elaboration was perhaps necessary when negotiation was to take place so remote from communication with home. On one point, however, as originally issued in contemplation of Russian mediation, demand was peremptory. Impressment must cease, by stipulation. "If this encroachment of Great Britain is not provided against, the United States have appealed to arms in vain." At that moment, April 15, 1813,⁴⁸⁰ the flush of expectation was still strong. "Should improper impressions have been taken of the probable consequences of the war, you will have ample means to remove them. It is certain that from its prosecution Great Britain can promise to herself no advantage, while she exposes herself to great expenses and to the danger of still greater losses." Nine months later, looking to direct negotiation, the same confident tone is maintained. "On impressment, the sentiments of the President have undergone no change. This degrading practice must cease.... No concession is contemplated on any point in controversy;"⁴⁸¹ and three weeks afterwards, February 14, 1814, "Should peace be made in Europe, it is presumed that the British Government would have less objection to forbear impressment for a specified term, than it would have should the war continue. In concluding a peace, even in case of a previous general peace in Europe, it is important to obtain such a stipulation."⁴⁸² On June 27, the note was lowered. "If found indispensably necessary to terminate the war, you may omit any stipulation on the subject of impressment." This was in pursuance of the Cabinet determination of June 27, already quoted.⁴⁸³ It abandoned the only ground for war that had existed since August, 1812, when the Orders in Council were known to have been repealed. The commissioners were indeed to do their best to obtain from the British Government the demanded concessions, not in the matter of impressment only, but on the whole subject of irregular blockades, which underlay the Orders in Council, as well as on other maritime questions in dispute; but in pressing such demands they were under orders to fall back before resistance. From the opening of the colloquy they were on the defensive.

Quite different was the position assumed at first by the British Government and people. The events of the critical year 1813, both in Europe and America, had changed the entire outlook. Alexander Baring, whose general attitude towards the United States was friendly, wrote to Gallatin, October 12, 1813, "We wish for peace, but the pressure of the war upon our commerce and manufactures is over. They have ample relief in other quarters; indeed, the dependence of the two countries on each other was overrated." He was positive that there would be no concession on impressment. Again, on December 14, "The pressure of the war is diminished. Commerce is now abundantly prosperous."⁴⁸⁴ Gallatin himself had occasion to spend some time in London during the succeeding spring,—1814. Quotation from his observations has been made already.⁴⁸⁵ In a letter of April 21,—after Napoleon's abdication,—"The prosecution of war with the United States would afford a convenient pretext for preserving a more considerable standing force."⁴⁸⁶ This would be a useful element in the troublesome diplomacy to be foreseen, in settling the disturbed affairs of Europe; and the Government stood in need of reasons for maintaining the pressure of taxation, which was already eliciting, and later in the year still more elicited, symptoms of great discontent and dangerous Parliamentary opposition. Yet in its conduct towards America the Cabinet had the people behind it. Two months later, Gallatin wrote to the Secretary of State, "You may rest assured of the general hostile spirit of this nation, and of its wish to inflict serious injury on the United States; that no assistance can be expected from Europe; and that no better terms will be obtained than the status ante bellum."⁴⁸⁷

At the time of this writing, June 13, the British Foreign Secretary, Lord Castlereagh, returned from Paris, where he had been spending the two months succeeding the first abdication of Napoleon. During this period formal peace with France had been established, and the Bourbons reseated on her throne. His instructions to the British commissioners at Ghent, issued July 28, were framed on lines which showed consciousness of mastery.⁴⁸⁸ The question of abandoning the practice of impressment would not be so much as entertained. The Rule of 1756 should "rest on its own clear and well established authority."⁴⁸⁹ The commissioners were not even to discuss it. Equally decisive was the position taken with regard to questions of irregular blockades, and of compensation for seizures under the Orders in Council. When these were presented by the American commissioners, the first was waived aside, as one on which there was no difference of abstract principle; while as to the second, "you cannot be too peremptory in discouraging, at the outset, the smallest expectation of any restitution of captures made under the Orders in Council."⁴⁹⁰