. 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 lost 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
non-importation 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-and-water 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 Min