Thomas Jefferson started his "Eighth Annual Message to Congress" on November 8, 1808 with, "It would have been a source, fellow citizens, of much gratification, if our last communications from Europe had enabled me to inform you that the belligerent nations, whose disregard of neutral rights has been so destructive to our commerce, had become awakened to the duty and true policy of revoking their unrighteous edicts." ("Thomas Jefferson : Eighth").
Jefferson continued by welcoming an alternative to the Embargo Act, saying, "Under a continuance of the belligerent measures which, in defiance of laws which consecrate the rights of neutrals, overspread the ocean with danger, it will rest with the wisdom of Congress to decide on the course best adapted to such a state of things; and bringing with them, as they do, from every part of the Union, the sentiments of our constituents, my confidence is strengthened, that in forming this decision they will, with an unerring regard to the essential rights and interests of the nation, weigh and compare the painful alternatives out of which a choice is to be made. Nor should I do justice to the virtues which on other occasions have marked the character of our fellow citizens, if I did not cherish an equal confidence that the alternative chosen, whatever it may be, will be maintained with all the fortitude and patriotism which the crisis ought to inspire." ("Thomas Jefferson : Eighth").
The "Non-Intercourse Act" of 1809 was that alternative. Now, instead of "an embargo be, and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place," (MacDonald, William. No. 27) only "the entrance of the harbors and waters of the United States and of the territories thereof, be, and the same is hereby interdicted to all public ships and vessels belonging to Great Britain or France [emphasis added]." (MacDonald, No. 27).
A few days later, Madison summed up America's view in his "First Inaugural Address": "This unexceptionable course could not avail against the injustice and violence of the belligerent powers. In their rage against each other, or impelled by more direct motives, principles of retaliation have been introduced equally contrary to universal reason and acknowledged law. How long their arbitrary edicts will be continued in spite of the demonstrations that not even a pretext for them has been given by the United States, and of the fair and liberal attempt to induce a revocation of them, can not be anticipated." ("First").
Then on March 23rd, Napoleon responded with the "Rambouillet Decree", saying:
"1st. That, dating from the 20th of May following, the vessels under the French flag which shall arrive in the United States shall be seized and confiscated, as well as their cargoes;
2d. That, after the same date no merchandise and productions coming from the soil or manufactures of France or of its colonies can be imported into the said United States, from any port or foreign place whatsoever, under penalty of seizure, confiscation and fine of three times the value of the merchandise;
3d. That American vessels cannot repair to any port of France, its colonies or dependencies;" ("Documents").
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