ed impossible to recede, or to
acknowledge a mistake, the pinch of which was nevertheless felt.
Writing to Russell, whose service in Paris, from October, 1810, to
October, 1811, and transfer thence to London, made him unusually
familiar, on both sides of the Channel, with the controversy over
Champagny's letter of August 5, 1810, Madison speaks "of the delicacy
of our situation, having in view, on the one hand, the importance of
obtaining from the French Government confirmation of the repeal of the
Decrees, and on the other that of not weakening the ground on which
the British repeal was urged."[360] That is, it would be awkward to
have the British ministry find out that we were pressing France for a
confirmation of that very revocation which we were confidently
asserting to them to be indisputable, and to require in good faith the
withdrawal of their Orders. Respecting action taken under the
so-called repeal, Russell had written on March 15, 1811, over three
months after it was said to take effect, "By forbearing to condemn, or
to acquit, distinctly and loyally, [the vessels seized since November
1], this Government encourages us to persevere in our non-importation
against England, and England to persist in her orders against us. This
state of things appears calculated to produce mutual complaint and
irritation, and cannot probably be long continued without leading to a
more serious contest, ... which is perhaps an essential object of this
country's policy."[361] July 15, he expressed regret to the Duke of
Bassano, the French Minister of Foreign Affairs, that the proceedings
concerning captured American vessels "had been so partial, and
confined to cases which from their peculiar circumstances proved
nothing conclusively in relation to the revocation of the French
Edicts."[362]

Russell might have found some light as to the causes of these delays,
could he have seen a note addressed by the Emperor to the
Administration of Commerce, April 29. In this, renewing the reasoning
of the Bayonne Decree, he argued that every American vessel which
touched at an English port was liable to confiscation in the United
States; consequently, could be seized by an American cruiser on the
open sea; therefore, was equally open to seizure there by a French
cruiser--the demand advanced by Canning[363] which gave such just
offence; and if by a French cruiser at sea, likewise in a French port
by the French Government. She was in fact no lon