Essential Facts
Background
- Britain and France were at war with each other during the Napoleonic Wars.
- They were using blockades and trade embargoes to disrupt each other’s trade with foreign nations, such as the United States.
- Britain used Orders in Council, while Napoleon Bonaparte, the Emperor of France, used the Continental System.
- The U.S. responded to European restrictions with legislation that was intended to protect its shipping rights as a neutral nation.
Key Moments
- May 16, 1806 — Orders in Council established the “Fox Blockade” on ports between the Elbe River and Brest, restricting access for American ships.
- November 21, 1806 — Napoleon issued the Berlin Decree, establishing the Continental System.
- January 7, 1807 — Orders in Council prohibited American ships from trading between French-controlled ports on the Continent.
- June 22, 1807 — The Cheseapeake-Leopard Affair occurred. The Royal Navy attacked an American warship and seized sailors.
- November 11, 1807 — Orders in Council required American ships carrying British goods to stop in British ports to pay duties and acquire a license before sailing to French-controlled ports on the Continent.
- December 17, 1807 — Napoleon expanded the Continental System with the Milan Decree.
- December 22, 1807 — The U.S. passed the Embargo Act of 1807, banning trade with foreign nations.
- March 7, 1809 — The U.S. replaced the Embargo Act with the Non-Intercourse Act of 1809. It reopened international trade with all nations but Britain and France.
- April 26, 1809 — Orders in Council opened trade with Spain and Portugal but prohibited trade in areas under French control.
- May 1, 1810 — The U.S. enacted Macon’s Bill No. 2, restoring trade with Britain and France.
- May 1, 1811 — The USS President attacked the HMS Little Belt near the Virginia Capes.
- September 6, 1811 — Orders in Council blocked American merchants from selling salt fish in the West Indies.
- June 18, 1812 — The U.S. declared war on Britain.
- June 23, 1812 — Orders in Council were revoked.
- July 12, 1812 — American forces invaded Canada, starting the War of 1812.
Significance
The maritime disputes between the United States, Britain, and France are important to American History because they were the primary causes of the War of 1812, along with British support for Native American Indians in the Old Northwest.
Maritime Disputes and the War of 1812 — Overview and History
By the early 19th Century, Britain possessed the most powerful naval force in the world. Known as the Royal Navy, Britain used it to control shipping within its Empire and secure trade routes against attack from enemy ships, including pirates and Privateers. However, Britain also used its Navy to force other nations to adhere to shipping restrictions, especially during wartime. Other nations, unable to defend their merchant ships against harassment from the British, were often forced to comply.
Enforcement of the Navigation Acts
The Navigation Acts were British laws that controlled shipping and trade within the British Empire. They played an important role in shaping trade in Colonial America and establishing British economic dominance. Britain used the Royal Navy to enforce the provisions of the Navigation Acts but often relaxed enforcement when it was involved in wars with European nations (see Salutary Neglect).
The Rule of 1756 and Neutral Shipping
During the last French and Indian War (1754–1783), Britain implemented the Rule of 1756, which was intended to restrict trade between France and neutral nations. Neutral nations were those not allied with Britain’s enemies. Essentially, the Rule gave the British Royal Navy the authority to seize ships from neutral nations that were trading with France — and there was little other nations could do to stop it from happening.
Impact of the American Revolution
In 1778, the United States formed an alliance with France and signed two treaties. The Treaty of Amity and Commerce established a trade relationship between the two nations, while the Treaty of Alliance created a military relationship. France provided the U.S. with military support during the American Revolutionary War, which helped force the British to surrender at the Siege of Yorktown.
United States Constitution
On March 4, 1789, the United States transitioned from its first government, the Articles of Confederation, to the federal system under the Constitution. Despite improvements over the Articles, the new system was fragile, and the nation’s first Chief Executive, President George Washington, was determined to maintain it.
The French Revolution
Meanwhile, the success of the American Revolution and the establishment of the independent United States inspired people in France to revolt against the monarchy. The French Revolution erupted with the Storming of the Bastille on July 14, 1789.
French Revolutionary Wars
European monarchies’ concerns increased as the French Revolution continued and became more radical and violent. Many believed the Revolution would eventually spread beyond France and disrupt their hold on power, similar to religious movements during the Protestant Reformation.
In August 1791, Austria and Prussia issued the Declaration of Pillnitz, calling on European powers to unite against France. Soon after, the pro-war Girondin Faction gained power in Paris, and France declared war on Austria on April 20, 1792, starting the French Revolutionary Wars.
While France engaged Austria and Prussia in the War of the First Coalition, internal turmoil continued. On January 21, 1793, France executed King Louis XVI. European leaders were shocked and outraged. Britain responded by declaring war on France in February 1793.
French Revolutionary Wars (1792–1802) — The French Revolutionary Wars were a series of conflicts that spread France’s revolutionary ideals across Europe. They ultimately led to French territorial expansion, the rise of Napoleon, and the eventual end of the French Revolution. These wars affected the United States and contributed to the French Neutrality Crisis and the outbreak of the Quasi-War.
War of the First Coalition (1792–1797) — The first major conflict in the French Revolutionary Wars, in which several European monarchies formed a coalition to contain the spread of Revolutionary France and restore the French Monarchy. The coalition included Austria, Prussia, Great Britain, Spain, and several smaller states. The war started after France declared war on Austria. Hostilities quickly expanded across Europe. The war ended with the Treaty of Campo Formio (1797). in which Austria ceded territories to France, which gained control of territory in Italy and the Rhineland.
Emergence of American Political Parties
As the number of nations fighting with France expanded, the likelihood of it asking the United States for military support increased. However, there was a growing division in the U.S. over which nation it should support — France or Britain.
The Federalists supported a strong economic relationship with Britain, while the Democratic-Republicans favored France. The Democratic-Republicans wanted to show support for the French Revolutionaries, who were trying to spread Revolutionary Ideas in Europe.
The French Neutrality Crisis
The French government appealed to the United States for support and sent Edmond Charles Genêt to America to negotiate. This created a crisis for President Washington, who felt the United States was not strong enough to involve itself in the war. Washington issued a Proclamation of Neutrality on April 22, 1793. The U.S. argued the 1778 treaties had been made with the King of France, who was no longer in power. French leaders were outraged by the Proclamation and argued the U.S. was violating the treaties.
Jay’s Treaty
President Washington sent Chief Justice John Jay to England to resolve America’s issues with Britain. Jay successfully negotiated a treaty that was agreed to on November 19, 1794. Jay secured some concessions from the British, and Britain ensured the U.S. remained neutral in its war with France. Both nations granted each other “most favored nation” trading status. Again, France was outraged at this agreement, which pushed the U.S. closer to Britain.
The Jay Treaty also reduced British harassment of American merchant ships per the Rule of 1756.
The XYZ Affair and the Quasi-War
France responded to American neutrality by seizing American ships on the high seas. In 1797, President John Adams tried to negotiate with France, but French authorities demanded the U.S. pay a bribe. This incident, known as the XYZ Affair, largely turned the American public against France. It triggered the Quasi-War (1798–1800), an undeclared conflict where the U.S. Navy engaged in battles with the French Navy.
Napoleon Rises to Power in France
Meanwhile, the French Revolutionary Wars continued, and Napoleon Bonaparte led a coup that took control of the French government on November 9, 1799. Although the Quasi-War continued, Napoleon sought to restore peace — and trade — with the United States.
The Polly Decision
On April 29, 1800, a British court ruled that American merchant ships could use “Broken Voyages” to avoid seizure by the British Royal Navy. Broken Voyages were a loophole in the Rule of 1756 that allowed ships from neutral nations to enter the ports of nations at war with Britain.
Broken Voyages and Continuous Voyages — Broken Voyages were trips made by merchant ships that loaded goods in a neutral port (in America) before sailing to a port in a nation at war with Britain, such as France or Spain. This allowed goods to be shipped from Spanish Colonies in North America to Spain and bypassed the Rule of 1756. Under the rule, neutral ships making a Continuous Voyage from an enemy port (in New Spain) to an enemy nation (Spain) could be seized by British authorities. However, many American merchants stopped unloading their cargo in the neutral ports before sailing to their final destination. Eventually, British officials decided to put a stop to this because they considered a journey that did not unload cargo to be a Continuous Voyage. Ships were required to show documentation that proved they had followed the proper process for shipping goods.
The Convention of 1800
The Convention of 1800 between the U.S. and France ended the Quasi-War and restored trade between the two nations. The Treaty of Mortefontaine took effect on December 21, 1801. By restoring diplomatic and economic relations with France, the U.S. was in a position to buy the Louisiana Territory in 1803.
The Treaty of Amiens and the Napoleonic Wars
In 1801, Austria ended its involvement in the War of the Second Coalition (1798–1802) by signing the Treaty of Lunéville with France. Britain continued fighting, defeating Napoleon’s army at the Battle of Alexandria (March 21, 1801) and capturing the city six months later. Britain and France agreed to the Treaty of Amiens on March 25, 1802, ending the French Revolutionary Wars.
The treaty temporarily ended hostilities, and Britain recognized the French Republic as a nation. By this time, France had established Republican governments in the Netherlands, Northern Italy, and Switzerland. Eventually, French control of these areas was enough for Britain to resume hostilities. Britain declared war on France on May 18, 1803, starting the Napoleonic Wars.
War of the Second Coalition (1798–1802) — The second major attempt by European monarchies to defeat Revolutionary France and stop its territorial expansion under Napoleon Bonaparte. The coalition included Britain, Austria, Russia, the Ottoman Empire, Portugal, and several smaller states. Hostilities started with Napoleon’s Egypt Campaign. The war concluded with the Treaty of Lunéville in 1801 and the Treaty of Amiens in 1802. These treaties resulted in territorial concessions by Austria and formally ended hostilities between Britain and France, though the peace was temporary.
The Essex Decision
The U.S. remained neutral and continued trading with both nations. However, the situation started to change in May 1805 when British courts issued the Essex Decision. The ruling essentially restored enforcement of the Rule of 1756 against American merchant ships and required them to provide paperwork that proved they were operating in compliance with the Rule’s provisions. Afterward, the British Royal Navy increased seizures of American ships, angering U.S. officials.
Battle of Trafalgar
The Napoleonic Wars continued, and as France consolidated power in Western Europe, Napoleon considered invading Britain. The wars changed course when the Battle of Trafalgar was fought on October 21, 1805. In this battle, a combined fleet of French and Spanish warships was defeated by a powerful British fleet led by Admiral Horatio Nelson. The defeat ended Napoleon’s plans to invade Britain and significantly weakened the French Navy.
- The Battle of Trafalgar was one of the most significant battles of the Napoleonic Wars (1803–1815) and the War of the Third Coalition (1805–1806).
War of the Third Coalition (1805–1806) — Britain, Austria, Russia, Sweden, and Naples joined forces to counter Napoleon’s expansion across Europe. The war concluded with the Treaty of Pressburg (1805), which increased French territory and French dominance over much of Central Europe. This dominance allowed Napoleon to implement the Continental System.
The Trade War Between France and Britain
After the Battle of Trafalgar, the Napoleonic Wars were at a stalemate in Europe. While France dominated the Continent, Britain controlled the seas. The two nations turned to economic warfare.
- Britain issued Orders in Council authorizing its ships to block merchant ships from neutral nations from accessing French ports on the Continent.
- Napoleon responded with the Continental System, which blocked merchant ships that traded with Britain from accessing French ports on the Continent.
These restrictions affected American trade with both nations. The United States responded with its own economic sanctions, which did more harm to the U.S. economy and contributed to the tensions that caused the War of 1812.
Non-Importation Act of 1806
On April 18, 1806, the United States responded to the Essex Decision with the Non-Importation Act of 1806, which was intended to limit the importation of British goods. However, the Non-Importation Act proved largely ineffective and highlighted U.S. weakness on the world stage.
Napoleon’s Plan to Disrupt British Trade
Meanwhile, with most of the European coast under French control, Napoleon looked to disrupt Britain’s economy by blocking its ships from accessing French-controlled ports in Europe.
Napoleon believed Britain was a “nation of shopkeepers” that could not survive without trade with nations on the Continent. Britain was a leader in the Industrial Revolution but needed to trade its finished products for raw materials and grain. He wanted to create economic chaos in Britain, which he hoped would lead to an uprising against the government.
Napoleon took the first step by closing the northern coast of Germany, which was a neutral area, and British ships were prohibited from accessing ports in the region.
The Fox Blockade
On May 16, 1806, Britain responded by issuing an Order in Council that established the “Fox Blockade.” Named after British official Charles James Fox, it blocked European ports from the Elbe River, at present-day Hamburg, Germany, to Brest, on the northwest corner of France.
- It prevented neutral ships from trading with any French ports within the blockade area.
- Neutral ships were allowed to sail to ports in neutral nations within the blockade area.
French Victory Over Prussia
On October 14, 1806, French forces defeated Prussia in the Battle of Jena–Auerstedt, during the War of the Fourth Coalition. This allowed France to expand eastward to the borders of Russia, which continued to resist France.
War of the Fourth Coalition (1806–1807) — Napoleon’s French Empire fought against a coalition consisting of Prussia, Russia, Saxony, Sweden, and Great Britain. The cause of the war was Napoleon’s reorganization of the German states into the Confederation of the Rhine, which threatened Prussia. The war concluded with the Treaty of Tilsit in July 1807, and Napoleon retained control over Central and Eastern Europe.
Napoleon Establishes the Continental System with the Berlin Decree
Napoleon used the expanded territory to his advantage. He responded to the Fox Blockade by issuing the Berlin Decree on November 21, 1806, which established what is known as the “Continental System.” It declared a blockade of the British Isles despite the weakness of the French Navy.
- The Decree declared the British blockade of the European coast to be illegal.
- It prohibited all trade with Britain and ordered the confiscation of British goods.
- It blocked access to French-controlled ports on the Continent to any ships sailing from a British-controlled port.
- It authorized French ships to seize any ships sailing from a British-controlled port.
American merchant ships were affected by the Berlin Decree, but the French Navy’s weakness allowed ships to continue sailing to French ports. Because the French Navy was unable to enforce the blockade effectively, it is known as a “Paper Blockade.”
Paper Blockade — A “Paper Blockade” was a naval blockade that was difficult to enforce. The Berlin Decree was a Paper Blockade because the French Navy was not strong enough to enforce it. French warships were usually incapable of bypassing British warships and seizing merchant ships from neutral nations. The Berlin Decree was primarily enforced on land after ships arrived in French ports.
Jefferson Rejects the Monroe-Pinkney Treaty
By December 1806, the Jay Treaty had expired. American commissioners James Monroe and William Pinkney agreed to the Monroe-Pinkney Treaty on December 31 with the British, which was intended to reestablish trade between the United States and Britain.
- Britain eased its stance on the Essex Decision and enforcement of the Rule of 1756.
- It allowed American merchants to carry goods to and from enemy colonies in the West Indies to unblockaded ports in Europe, provided they were Broken Voyages and all duties were paid.
However, the treaty failed to address two important American grievances:
- Impressment of American sailors.
- Compensation for trade losses incurred by Americans because of the Essex Decision.
The British approved the treaty, but President Thomas Jefferson rejected it by refusing to send it to Congress.
Orders in Council of January 1807
On January 7, 1807, Britain responded with new Orders in Council. This Order in Council was passed by a government controlled by the Whig Party, which had given some support to the Patriot Cause during the American Revolutionary War.
- Neutral ships were prohibited from trading between French-controlled ports.
- If ships in the Royal Navy saw a ship sailing directly to a French-controlled port, they were authorized to seize them, along with their cargo.
American trade was restricted but not completely stopped.
The Chesapeake-Leopard Affair
The Chesapeake-Leopard Affair worsened diplomatic relations between the United States and Britain.
- French warships sought refuge in Chesapeake Bay.
- British ships followed them and remained off the coast, waiting for them to return to the open sea.
- While the British ships held their positions, some of the crewmen deserted, and some of those joined the crews of American ships, including the Chesapeake.
- British officials complained to the U.S. about the deserters, but no action was taken to return them to the Royal Navy.
On the morning of June 22, 1807, the Chesapeake set sail from Hampton Roads for the Mediterranean under the command of Commodore James Barron.
- The HMS Leopard came alongside the Chesapeake and hailed it. Captain Salusbury Humphreys said he had a dispatch for Barron.
- The dispatch was Humphreys’ orders from Vice Admiral George C. Berkeley to conduct a search for British deserters.
- Barron refused to allow Humphreys to conduct a search, arguing he had no deserters on board and that the Leopard had no authority to search the Chesapeake.
After roughly 40 minutes of negotiations, Humphreys ordered the Leopard to open fire on the Chesapeake, which was unprepared for an attack.
- The Chesapeake was able to return one shot before Barron surrendered.
- Three Americans were killed, and 18 others, including Barron, were wounded.
- Barron surrendered the Chesapeake as a prize of war, but Humphreys refused.
- Instead, Humphreys inspected the crew, seized four men identified as British deserters, and sailed away.
U.S. officials were outraged by the incident, and some called for war. President Thomas Jefferson responded by ordering all British ships to leave American waters.
- The British admitted Humphreys had made a mistake.
- Two of the four men taken from the Chesapeake were returned.
- The U.S. Navy ordered a halt to the recruitment of foreigners.
This was the most significant naval conflict between the two nations between the American Revolutionary War and the War of 1812.
Orders in Council of November 1807
The Tory Party — the opposition to the Whig Party — believed the earlier Orders in Council were too weak and sought to strengthen them after gaining control of the government. On November 11, 1807, the Tories issued new Orders in Council, further restricting neutral trade with French ports in Europe.
- Neutral ships carrying British goods were required to stop in British ports before sailing to French ports on the continent.
- Upon arrival in British ports, neutral ships were required to pay duties and acquire a license, which validated their compliance.
The new regulations limited U.S. trade with European ports but did not eliminate it.
The Milan Decree Expands the Continental System
Napoleon responded to the Orders in Council with the Milan Decree on December 17, 1807, which expanded the Continental System, although it was another Paper Blockade.
- The Decree authorized French ships and Privateers to seize neutral ships that complied with British shipping regulations.
- The French started seizing ships that stopped at British ports or were searched by British ships.
This affected American ships that complied with British guidelines.
American Economic Sanctions
The Orders in Council and Continental System left the United States with limited options for maintaining trade with Britain and Europe. President Thomas Jefferson sought to protect America’s neutral rights through economic sanctions.
- The U.S. enacted the Non-Importation Act (1806), Embargo of 1807, Non-Intercourse Act (1809), and Macon’s Bill No. 2 (1810).
- The sanctions had little impact on Britain or France but did harm the American economy.
It is estimated that between 1807 and 1812, as many as 900 American ships were seized by Britain and France. However, the British practice of impressing American sailors increased tensions with the U.S. and contributed to the call for war with Britain.
Embargo Act of 1807
The United States Congress passed the Embargo Act on December 22, 1807. This act prohibited nearly all American exports to foreign countries.
- It banned exports via land and sea, so it affected trade with Canada.
- It did allow trade along the coast, but only the merchant paid a bond.
The Embargo Act was met with outrage in New England, where it had a negative impact. New England merchants responded by increasing smuggling activities and illegal trade with Canadian merchants. It also forced British industrialists to look at nations besides the U.S. for cotton and other raw materials.
- President Jefferson hoped to pressure Britain and France into recognizing America’s maritime rights as a neutral nation.
- The Embargo Act hurt the U.S. economy and resulted in a significant decline in imports and exports.
- The Embargo Act was repealed in 1809 and replaced by the Non-Intercourse Act of 1809.
The Bayonne Decree
In March 1808, Napoleon sent troops into the Iberian Peninsula to expand the Continental System. He responded to the Embargo of 1807 by issuing the Bayonne Decree on April 17, 1808.
- It ordered the seizure of all American ships in European ports.
- Napoleon claimed these ships were in violation of the Embargo Act of 1807.
- This led to the confiscation of over $10 million worth of American ships and goods.
Impact of the Continental System on Britain
- The Continental System did not destroy the British economy but did disrupt it.
- British exports decreased, and grain imports were reduced.
- Some factories laid off workers due to a lack of raw materials.
- While there were riots over food shortages, they fell short of the popular uprising Napoleon hoped for.
Non-Intercourse Act of 1809
By early 1809, it was clear that the Embargo Act had failed, and it was repealed. On March 7, 1809, the United States passed the Non-Intercourse Act.
- It reopened trade with all nations except Britain and France.
- It allowed the U.S. to seize French or British ships entering American ports.
The Erskine Agreement Fails
The Erskine Agreement was made between David Erskine, the British Minister to the United States, and Secretary of State Robert Smith to end the trade war between the two nations.
- The Agreement was made on April 19, 1809.
- The Orders in Council were dropped, and full trade with the U.S. was restored.
- The U.S. agreed to refrain from trade with France.
- The Royal Navy was allowed to inspect U.S. ships for French products.
President James Madison rejected the last provision. Erskine submitted the Agreement to his superiors, but it was rejected, and he was recalled to England.
British Orders in Council of April 1809
On April 26, 1809, Britain adjusted the Orders in Council to open trade with Spain and Portugal, which had broken out from under France’s control. However, neutral trade was still prohibited in areas that remained under French control.
The Rambouillet Decree
Napoleon adjusted the Continental System on March 23, 1810, by announcing the Rambouillet Decree.
- It authorized the seizure of all American ships entering French ports subject to confiscation.
- The decree was retroactive to May 20, 1809, to align with the Non-Intercourse Act.
- Napoleon argued that since American ships were banned from trading with France, any ship claiming to be American must be involved in smuggling.
Macon’s Bill No. 2
The United States repealed the Non-Intercourse Act and enacted Macon’s Bill No. 2 on May 1, 1810.
- It reopened trade with both Britain and France.
- It announced the U.S. would trade exclusively with the nation that stopped interfering with American trade.
- It banned British or French warships from American waters.
President James Madison was given the authority to suspend trade with either Britain or France if the other revoked its trade restrictions. The options were:
- If Britain dropped the Orders in Council, the U.S. would resume trade with Britain and enforce non-importation against France.
- If France dropped the Decrees, the U.S. would resume trade with France and enforce non-importation against Britain.
By July, there was talk the U.S. would declare war on France because of the Rambouillet Decree.
Cadore Letter
On August 5, 1810, Napoleon had Jean-Baptiste Nompère de Champagny, Duc de Cadore, send an unofficial letter to John Armstrong Jr., the American Minister to France. In the letter, Napoleon indicated he would restore trade if Britain dropped the Orders in Council or if the United States enacted a complete trade embargo with Britain.
Known as the “Cadore Letter,” it suggested France would restore its trade with the U.S. if it enacted a complete trade embargo with Britain.
President Madison responded to the Cadore Letter on November 2, 1810. He announced that France was ending the Decrees, and Britain had three months to drop the Orders in Council. If it did not, the U.S. would reopen trade with France and reinstate the trade embargo against Britain.
However, Madison did this without proof that Napoleon had stopped enforcing restrictions on American ships. However, Napoleon did not drop the Decrees, and France continued to harass U.S. ships.
The same day Madison made the announcement, France sold some of the American ships it had seized.
The Trianon Decree Adds Tariffs to the Continental System
On August 5, 1810, Napoleon added tariffs to the Continental System with the Trianon Decree. It placed tariffs on various products, including cotton, sugar, coffee, and spices. The tariff on raw cotton from the United States increased from 60 Francs to 800 Francs.
The Fontainebleau Decree
The last major piece of the Continental System was implemented on October 18, 1810. Known as the Fontainebleau Decree, it introduced penalties for smuggling.
- The worst offenders faced up to ten years of imprisonment.
- Branding was also a punishment for the most serious offenders.
The U.S. Resumes the Trade Embargo Against Britain
The British were outraged over President Madison’s reaction to the Cadore Letter and his threat to resume the trade embargo. They refused to drop the Orders in Council. However, the United States followed through with the embargo, and trade with Britain stopped on March 2, 1811, when the Non-Intercourse Act of 1809 was resumed.
The St. Cloud Decree Relaxes the Continental System
On April 28, 1811, Napoleon publicly eased the Continental System by issuing the St. Cloud Decree. This decree allowed British and American ships to buy licenses from the French government. Licensed ships were then allowed to access ports in southwest France and portions of Spain.
- Napoleon used the licenses to raise money to fund the ongoing French war effort.
- At first, the licenses were sold secretly, and the St. Cloud Decree publicly announced their availability.
Napoleon was criticized for the licensing system, which had been secretly in operation since April 1811 and seemed to undermine the purpose of the Continental System.
Impact of the Continental System
The Continental System created issues for Britain and America but failed to create the social and political revolt Napoleon hoped for. Ultimately, it affected France and its Empire by:
- Depriving the French middle class of British products.
- Increased the price of products through inflation.
- Creating resentment and increasing nationalism among the European nations conquered by France.
The Little Belt Affair
On May 1, 1811, the HMS Guerriere stopped the USS Spitfire off Sandy Hook, New Jersey, and impressed some of the American sailors.
Secretary of the Navy Paul Hamilton sent two ships, the President and the Argus, to patrol the coast between New York and the Carolinas in search of the Guerriere.
The President, under the command of Commodore John Rodgers, was sailing up the coast toward New York on May 16 when it spotted the HMS Little Belt off the coast of the Virginia Capes.
- Rodgers believed it was the Guerriere and pursued the British ship.
- The Captain of the Little Belt, Arthur Bingham, signaled the President, asking for identification, and received none.
- However, he noticed a blue pennant designating it was a U.S. ship.
- The Little Belt continued sailing south, and the President followed, even though Rodgers realized by this time it was not the Guerriere.
The pursuit continued. Both ships signaled each other for identification, and neither answered. Captain Bingham tried to maneuver the Little Belt so the President could not fire on it.
- A shot was fired by one of the ships, and then both ships opened fire.
- The exchange of fire lasted for about 15 minutes.
- The British guns ceased firing.
- Commodore Rodgers asked if Captain Bingham had struck his colors and surrendered the ship. Bingham said he had not.
- The President withdrew.
- While the Americans suffered one injury, the British had nine killed and 23 wounded.
The battle increased tensions between the U.S. and Britain, and both sides accused the other of firing the first shot. Rodgers insisted the British fired first but was criticized for attacking a smaller ship.
British Orders in Council of September 1811
Britain responded to the American trade embargo with new Orders in Council on September 6, 1811.
- American merchants were blocked from selling salt fish to the West Indies.
- High taxes were placed on all goods shipped from the West Indies to the United States.
Embargo Act of 1812
On April 4, 1812, the United States issued a 90-day ban on all foreign trade by American shippers, a precursor to the Declaration of War.
Britain Reconsiders the Orders in Council
By this time, Britain was considering repealing the Orders in Council due to pressure from British merchants and manufacturers who wanted trade restored with the United States. The British government officially removed trade restrictions on June 23, 1812.
The United States Declares War on Britain
President Madison, unaware of the repeal of the trade restrictions, asked Congress for a Declaration of War, which was granted on June 18, 1812.
Enemy Trade Act and the War of 1812 Begins
On July 6, 1812, Congress passed the Enemy Trade Act, restricting the trade of war materials with Britain and its colonies in North America.
- British ships sailing under neutral flags could not trade in the United States.
- American ships could not accept licenses to trade in British ports.
The law was widely ignored by American merchants, many of whom were involved in License Trade with British ports.
The War of 1812 started when American forces invaded Canada on July 12, 1812.
License Trade
Despite the war, Britain granted American ships licenses so they would not be seized by British warships or Privateers. Because of this, American goods were shipped to Canada, Portugal, and Spain. However, some goods were used for the British war effort.
- To end the License Trade, President Madison asked Congress to place an embargo on all shipping in the summer of 1813. Congress refused.
- On July 29, 1813, Secretary of the Navy William Jones ordered all his commanders to seize American vessels that appeared to be involved in License Trade.
- An act making License Trade illegal was passed on August 2, 1813, but ships were still allowed to sail.
Embargo Act of 1813
Congress approved a new Embargo Act on December 17, 1813. It was intended to prevent American ships from engaging in License Trade with Britain and its allies and to prohibit American ships from participating in all foreign trade. It was repealed on April 14, 1814.
The Hartford Convention
The leaders of the Federalist Party, who had opposed the war, met in Hartford, Connecticut, starting on December 15, 1814. The Hartford Convention suggested a series of amendments to the Constitution.
Treaty of Ghent and Battle of New Orleans
U.S. and British negotiators agreed to the Treaty of Ghent on December 24, 1814. However, the U.S. government continued to pursue economic sanctions against Britain.
At the same time, hostilities continued in America, and U.S. and British forces prepared for the Battle of New Orleans (January 8, 1815). American forces, led by General Andrew Jackson, won the battle.
Jackson’s victory ushered in the “Era of Good Feelings,” a period of excitement and nationalism in America. The Federalist plan to amend the Constitution cast the party in a poor light and led to their demise.
Non-Intercourse Act of 1815
Congress, unaware that the Treaty of Ghent had been agreed to, passed the Non-Intercourse Act of 1815 on February 4, 1815.
The War of 1812 Ends
The Treaty of Ghent was ratified by the U.S. Senate on February 16, 1815, and announced on February 18.
AP US History Alignment
The maritime causes of the War of 1812 are part of the following units, topics, and chapters in the AP US History curriculum:
Unit 4: 1800–1848
- Topic 4.4 — America on the World Stage
American Pageant Notes
- Chapter 11 — Triumphs and Travails of the Jeffersonian Republic (1800–1812)
- Chapter 12 — The Second War for Independence and the Upsurge of Nationalism (1812–1824)
