tale of intrigue and misadventure. Not merely the fate of the accused man, but the personalities involved, gave a spectacular character to the legal proceedings at Richmond. Arrayed as counsel on the side of Burr were three notable attorneys from Virginia, and Luther Martin of Maryland. The foreman of the grand jury was John Randolph. The chief witness for the prosecution was General Wilkinson. The presiding judge was Chief Justice John Marshall, within whose circuit Blennerhassett's Island lay. And behind the prosecution, straining every nerve to secure the conviction of the conspirators, was President Thomas Jefferson.

From first to last the Chief Justice made the task of the prosecution exceedingly difficult by a rigorous definition of treason. Treason involved an overt act, he insisted; the actual levying of war by an assembling of armed men. To convict of treason, the testimony of two witnesses was required by the Constitution. Now, Burr was hundreds of miles away from Blennerhassett's Island when the alleged overt act of treason was committed. The court would not admit any testimony relative to the conduct and declarations of Burr elsewhere and subsequent to the transactions on Blennerhassett's Island. Such testimony was in its nature merely corroborative, the Chief Justice ruled, and inadequate to prove the overt act in itself, and therefore irrelevant until the overt act was proved by the testimony of two witnesses. On September 1, the prosecution abandoned the case, and the jury returned a verdict of not guilty. The Government now sought to secure the conviction of

Burr on the charge of misdemeanor; but less than a week was needed to reveal the weakness of the testimony put forward by the prosecution. On September 15, Burr was again acquitted.

BIBLIOGRAPHICAL NOTE

The New England conspiracy, the Yazoo controversy, and the intrigues of Burr, are admirably recounted by Henry Adams. His account may be corrected at various points, however, by consulting W. F. McCaleb, The Aaron Burr Conspiracy (1903). A brief account of the intrigues and plots of this time may be found in Channing, The Jeffersonian System, 1801–1811 (1906). The intrigues of the Federalists in New England have been described recently with new information by S. E. Morison, Life and Letters of Harrison Gray Otis (2 vols., 1913). Other biographies of importance are H. C. Lodge, Life and Letters of George Cabot (1877); James Parton, Life and Times of Aaron Burr (1858); J. S. Bassett, Life of Andrew Jackson (2 vols., 1911). The trial of Burr is described in popular fashion by F. T. Hill, Decisive Battles of the Law (1907). The origin and subsequent history of the Yazoo affair may be traced in C. H. Haskins, "The Yazoo Land Companies" (in the American Historical Association Papers, 1891).

CHAPTER X

PEACEABLE COERCION

THE SO-called Peace of Amiens in 1802 proved to be only an interlude in the wars of France with Europe. Within two years hostilities were renewed which closed only with the battle of Waterloo. In the course of this prolonged conflict Napoleon won and lost for France the ascendency in central and western Europe, but Great Britain remained throughout mistress of the seas. The commerce of France and of Holland and Spain, which had become virtually her dependencies, was almost driven from the seas. For their foodstuffs and colonial supplies, more than ever in demand as war devastated the fields of Europe, these nations had to look to vessels flying neutral flags. The export trade of the United States, which had fallen from $94,000,000 in the year 1801 to $55,800,000 in 1803, rapidly recovered until in 1805 it passed the high-water mark of the earlier year. More than half of this trade was in products of the tropics, for while the direct trade between the West India colonies and Europe was forbidden by the so-called "Rule of 1756," American shippers carried on a lucrative traffic which was virtually direct. Products brought from the West Indies to American ports were promptly reshipped as part of American stock to European ports; and the British courts had held that this importation had broken the

voyage. When once import duties had been paid in an American port, the courts refused to inquire what thereafter became of the cargo and whether in fact rebates were given on exportation.

In midsummer of 1805 occurred a reversal of British policy. In the case of the Essex, which had made the voyage from Charleston to London with colonial produce from Martinique, a British admiralty court ruled for the first time that the payment of import duties was not sufficient proof of bona fide importation, because of the practice in the United States of repaying duties on exportation. Other seizures followed that of the Essex, to the consternation of American shippers. Insurance rates on cargoes were doubled and doubled again within a year. Early in 1806, Monroe, then Minister to England, wrote in protest to the British Ministry that "about one hundred and twenty vessels had been seized, several condemned, all taken from their course, detained, and otherwise subjected to heavy losses and damages." But Monroe could not obtain any concession of principle or promise of indemnity.

The policy which the Secretary of State was known to favor was that of coercing England through restrictions upon trade. The implications of this policy were suggested by his often-quoted remark touching upon the dependence of British manufacturers : "There are three hundred thousand souls who live by our custom: let them be driven to poverty and despair, and what will be the consequences?" He iost no opportunity to urge upon his party associates the need of passing retaliatory legislation against

Great Britain. It was well known, of course, that the President would support any fair application of his theory of peaceable coercion.

At first there was a general disposition to try the effect of an embargo; but more prudent counsels prevailed when the news of Trafalgar reached America. Congress finally adopted, in April, 1806, a nonimportation bill, which was to become effective eight months later. There was some point to Randolph's criticism when he declared it to be "a milk-andwater Bill. A dose of chicken broth to be taken nine months hence"; for the act prohibited only the importation of such English goods as could be manufactured in the United States or procured elsewhere. Such a measure was not likely to make the manufacturers of England quail. In the mean time, the Administration was to accomplish what it might by direct negotiation with the British Ministry, using this Nicholson Act as a covert threat. Much against his will, Jefferson had to nominate another envoy to act with Monroe. His choice fell upon William Pinkney, of Maryland. The friends of Madison were not unwilling to humiliate Monroe, whose presidential aspirations might interfere with Madison's succession, for Jefferson had let it be known as early as the summer of 1805 that he did not seek a reëlection.

A few days after Congress adjourned occurred the Leander episode. This frigate was one of several British war vessels whose presence in American waters was a constant menace to merchantmen and an insult to the National Government. From time to time they appeared off Sandy Hook, lying in wait