The Chesapeake Affair and the Embargo

The terrible and long-continued conflict in Europe between England and her allies on the one hand and Napoleon on the other could not fail to be felt in America, and as the combat grew more desperate and the powers of the combatants more strained, measures were taken whose effects were severely felt by all the civilized world. The demand for men made England eager to gain sailors and soldiers from any source and in any manner, and the principle of impressment was extended from British soil to the merchant-ships of the United States. Many American citizens were thus impressed, under the claim that they were British subjects. Long persistence in this course made the captains of British war-vessels so over-bold and insolent that they finally enforced their "right of search" upon an American frigate. The story of this outrageous proceeding, and of the subsequent measures adopted in America to punish England and France for their tyranny towards commerce, is well told in Schouler's "History of the United States," from which we select the following description.

A CANNON-SHOT from a British man-of-war parted the flimsy veil of diplomatic assurances that a right of search could be considerately practised, and made a breach that was never repaired. The insolence of British naval commanders on the American coast had certainly suffered little constraint under recent orders from home. In the course of the spring a British sloop-of-war, one of the vessels which had been inhibited by the President's proclamation at the time of the Leander outrage, entered Charleston harbor to procure water, and defied the local authorities when ordered to depart.

That affront to the United States was trivial in comparison with one that presently followed. Three seamen, having deserted from the Melampus, one of the British squadron whose rendezvous was just within the capes of Virginia, enlisted on board the United States frigate Chesapeake, then fitting out at the Washington navy-yard for the Mediterranean. Their surrender was requested by Minister Erskine, but our administration declined, on ample grounds, to comply. We have seen that our government was now offering to forbid the employment of deserters, on reciprocal terms, and as an inducement to some relaxation of impressment on England's part. Without a treaty, as was the case here, no obligation rested upon the United States to surrender deserters from the British navy at all; the more so that, unlike desertions from merchantmen, which are mere breaches of private contract, desertion from a ship of war must have subjected the culprit to the punishment of a court-martial. Inquiries showed, moreover, that all these men were colored, and Americans by birth, two of whom had been pressed into the British service from an American vessel in the Bay of Biscay. To this government the mutual extradition was of very little consequence; and yet, so far from countenancing British desertions, our executive had forbidden the enlistment of persons in the navy known to be British subjects, a prohibition which did not here apply.

Official correspondence closed, but the British captains appear to have stimulated Admiral Berkeley, who commanded, to issue from Halifax an extraordinary order, enabling them to take the law into their own hands. Sailing from Washington in June, and reporting at Norfolk to Commodore Barron for duty, the Chesapeake dropped down to Hampton Roads, and on the morning of the 22d [June, 1807] set sail, having the three colored sailors on board. From the British squadron, the Leopard, a two-decker, mounting about fifty guns, stood out to sea at the same time, preceding the Chesapeake, but keeping her in sight.

The British officers had muttered threats, though giving no clear notice of their intention. Barron, less suspicious than he should have been, proceeded on his course. The Chesapeake mounted only thirty-eight guns, some of which had just been put on board. His crew was not yet drilled to the use of ordnance, his deck was littered, and the vessel was altogether unfit for immediate action. At three o'clock in the afternoon the Leopard bore down and hailed her; and while the Chesapeake lay to, a boat from Captain Humphreys of the Leopard brought his demand for the three alleged deserters from the Melampus. The British lieutenant, who stepped on board, produced likewise, in token of Humphreys's authority, a copy of what purported to be a circular from the admiral at Halifax. That circular, dated June 1, which was now produced for the first time, recited, in an exaggerated strain, that British subjects and deserters had enlisted on board the Chesapeake, and ordered all captains of his command, who should fall in with that frigate at sea, to show these instructions and proceed to search for such deserters, - the pretence being added that the search of a national vessel was according to civilized usage, which permitted the Chesapeake also to make a corresponding search in return.

Commodore Barron, though taken by surprise, made a suitable reply, denying knowledge of any such deserters, and claiming that the crew of a United States war-vessel could only be mustered by their own officers. But in his excitement he seemed to forget the sure consequence of such a response, and made his preparations for action quite tardily. The Leopard's ports were triced up when she appeared in sight, and while the lieutenant waited half an hour for his reply, the vessel had worked into an advantageous position.