About State of the Union History

1813 James Madison - Embargo Act of 1813



In 1807, Thomas Jefferson signed the Embargo act of 1807 making all exports from the United States illegal in an attempt to force Britain and France to respect American neutrality during the Napoleonic Wars.   Two years later, in 1809 just before Jefferson left office, Congress replaced the Embargo Act with the Non-Intercourse act of 1809 lifting all embargoes on American shipping except those bound for British or French ports.   Then,  Madison and Congress in 1810 tried to induce Great Britain and France into revoking their trade restriction edicts by offering to repeal the non-intercourse act with either of the countries in response.  The bill known as Macon's Bill Number 2 failed, and the trade restrictions stayed in place.  Well, it almost succeeded.  Great Britain had promised to repeal her Orders in Council, but the news was reached too late.  President James Madison and Congress had already declared war.

With the onset of war, existing embargoes expired and Congress issued a new Embargo act in 1813.  On December 17, 1813 President James Madison signed the Embargo Act of 1813 into law.   This added four new restrictions to the existing embargoes.
  1. All American ships and good were prohibited from leaving port.
  2. All commodities customarily produced in the British Empire were banned.
  3. All foreign ships trading in American ports were not allowed to trade unless 75% of the crew were citizens of the ship's flag.
  4. No Ransoming of ships was allowed.
After the bill was signed, Madison knew there were some defects in it.   The bill had no provisions to allow for trading with enemies of the British, taking away any leverage Madison may have of cooperating with the French who were also still at war with Great Britain.   So in his annual address to Congress that year, Madison requested that Congress to give the President Executive authority to allow exceptions to the embargo for countries that are currently at war with Great Britain.  Her are his exact words:
"To give to our vessels of war, public and private, the requisite advantage in their cruises, it is of much importance that they should have, both for themselves and their prizes, the use of the ports and markets of friendly powers. With this view, I recommend to Congress the expediency of such legal provisions as may supply the defects or remove the doubts of the Executive authority, to allow to the cruisers of other powers at war with enemies of the United States such use of the American ports as may correspond with the privileges allowed by such powers to American cruisers."
But, as fate would have it, the door to cooperation with the enemies of Great Britain at sea was closing.   In April 1814, Napoleon was defeated and Great Britain had gained supreme power on the high seas. The trade wars on the high seas was ending.   And, in that same month of April 1814, the Embargo Act of 1813 was repealed.

http://www.presidency.ucsb.edu/ws/index.php?pid=29455
http://ebusinessinusa.com/2462-embargo-acts.html
https://www.loc.gov/law/help/statutes-at-large/13th-congress/c13.pdf
https://upload.wikimedia.org/wikipedia/commons/e/e5/NewOrleans1841AcrossRiver.jpg

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