l commerce in every part of the
continent, will not be admitted by Great Britain; nor can we ever deem
the repeal of the French Decrees to be effectual, until neutral
commerce shall be restored to the conditions in which it stood,
previously to the commencement of the French system of commercial
warfare, as promulgated in the Decrees."

Foster's mission was to urge these arguments, and to induce the repeal
of the Non-Intercourse law against Great Britain, as partial between
the two belligerents; who, if offenders against accepted law, were in
that offenders equally. The United States was urged not thus to join
Napoleon's league against Great Britain, from which indeed, if so
supported, the direst distress must arise. It is needless to pursue
the correspondence which ensued with Monroe, now Secretary of State.
By Madison's proclamation, and the passage of the Non-Intercourse Act
of March 2, 1811, the American Government was irretrievably committed
to the contention that France had so revoked her Decrees as to
constitute an obligation upon Great Britain and upon the United
States. To admit mistake, even to one's self, in so important a step,
probably passes diplomatic candor, and especially after the blunder in
Erskine's case. Yet, even admitting the adequacy of Champagny's
letter, the Decrees were not revoked; seizures were still made under
them. In November, 1811, Monroe had to write to Barlow, now American
minister to France, "It is not sufficient that it should appear that
the French Decrees are repealed, in the _final decision_ of a cause
brought _before a French tribunal_. An active prohibitory policy
should be adopted _to prevent seizures_ on the principle."[347] This
was in the midst of his correspondence with Foster. The two disputants
threshed over and over again the particulars of the controversy, but
nothing new was adduced by either.[348] Conditions were hopeless, and
war assured, even when Foster arrived in Washington, in June, 1811.

One thing, however, was finally settled. In behalf of his Government,
in reparation for the "Chesapeake" affair, Foster repeated the
previous disavowal of Berkeley's action, and his consequent recall;
and offered to restore to the ship herself the survivors of the men
taken from her. Pecuniary provision for those who had suffered in the
action, or for their families, was also tendered. The propositions
were accepted, while denying the adequacy of Berkeley's removal from
one c