Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

I am aware, sir, that with respect to impressment from our merchant vessels, abuses have happened, that although the right of taking American citizens is not claimed, the British commanders have not been scrupulous whether they took British subjects or American citizens. Sir, these abuses I never can, and I never will justify. I am satisfied, however, that they have been exaggerated.

But, sir, let me ask, if we have not really intended to protect foreign seamen under our flag, if we have not been guilty of gross negligence, to say the least of it, towards our native seamen? whether, by our laws, and the practice under them, we have afforded them all that protection and security to which they are entitled?

In 1796, Congress passed an act for the relief and protection of American seamen. By this act, the collectors of the several ports were directed, on application, to enter the names of seamen, being citizens of the United States, to grant them certificates, in a form given in the act. In this certificate, the collector is to describe the person of the applicant: also, to declare that, on proof produced to him agreeable to the act, the seaman is a citizen of the United States of America.

It is not a little singular that, although the proof of citizenship to be produced to the collector must be agreeable to the directions of the act, the act itself nowhere directs what that proof must be. Every collector, therefore, has, under this act, used his own discretion, or has pursued such directions as he may have received from the Government as to the kind of proof. What, sir, has been the practice under this law? Have those certificates, or protections, as they are commonly called, been confined to bona fide American citizens? No, sir; we cannot, we ought not, to shut our eyes against facts too notorious to be concealed or denied. Under this act, made expressly for the protection of American seamen, every foreign seaman, almost, at the moment of setting his feet on our shores, has obtained a certificate from some collector, that he is a citizen of the United States; and, with this certificate in his pocket, although perhaps a deserter from his own Government, he enters a public or private vessel, as an American seaman. The mode of obtaining proof of citizenship is well understood. Among other modes, some of which are too disgraceful to be mentioned in this place, those foreign seamen will go before a magistrate, and, although hardly able to speak the English language intelligibly, will swear, for each other, that they were born within the United States, and are American citizens. On such proof, a proof of this sort, the collector issues his certificate.

It will be recollected, sir, that this subject was brought before this House during the last session, in a case from Philadelphia, when a certificate of this kind was obtained by the most flagrant and avowed act of perjury on the part of a foreigner who had just arrived in this country. It was found, on inquiry, that there was no law, either of Pennsylvania or of the United States, to punish the man for this act of false swearing. Not only have these protections been thus obtained by fraud and perjury, but they have also, long since, been an object of barter; they have been bought and sold, and transferred from one to another, not only in this country, but in foreign countries.

To show the extent of this traffic in seamen's protections, permit me to state some facts, of which I have no doubt, knowing the source from whence I have derived them. An American captain having a ship in Bristol, in England, without a crew, he applied to a man who kept a boarding-house for sailors, to procure a crew of American sailors in port; he showed him a great number of American protections, which he agreed to sell him for two guineas each, and with the aid of these to procure him a crew. By high wages, and by suiting these protections to the description of British sailors, he procured this captain his ship's crew; not only so, but when the ship was about to sail, and it was doubtful whether those who had engaged for the voyage would actually go on board, this man actually procured some of a press gang to take them as American sailors, who had deserted from their ships, and put them on board. When we ourselves place no confidence in these certificates, when we know that they are thus obtained by fraud and perjury, can we expect that foreign nations will give credit to them? Instead of being a shield and protection to the real American sailor, they have become a dangerous weapon of offence.

If, sir, it is not for the permanent interest of the United States to employ so many transient foreign seamen, we ought long since, not only to have refused these false protections, but to have passed laws for the encouragement of our native seamen, similar to those which have been adopted in commercial countries, and are commonly called navigation acts. This would, in some measure, have relieved us from the evils which we now experience, in consequence of the employment of so many foreign seamen.

Tuesday, January 5

Additional Military Force

The House resumed the order of the day on the bill for raising an additional military force of 20,000 men for one year, the question being on the passage of the bill to a third reading.

Mr. Boyd. – Mr. Speaker: It is with great diffidence that I address the Chair. When the bill now before the House was under discussion on Saturday last; that is, the then proposed amendment to insert eighteen months, instead of one year, I was offering my reasons why I thought that that amendment ought to prevail; when, unfortunately for me, I was considered as taking too great a latitude, and prevented from connecting my remarks. As there is little difference, in point of principle, as the bill then was and now is, I embrace this opportunity to make up that deficiency, and will now take care to stick as close as possible to the text.

Sir, I am opposed to passing the bill to a third reading, because I believe it to be altogether inadequate to the purpose intended to be accomplished by it. Sir, when I last addressed the Chair, I then took a retrospective view of our past expectations, plans, and propositions, from which we expected to derive great advantages. Such were the expectations of that time, that I did not accord with them. Those expectations have not been realized; but, instead thereof, we have met with disappointments and misfortunes. I thought that viewing the errors of the past was the most certain way to avoid the future; and I am not at this time sensible of that being erroneous.

Mr. Speaker, I am an old man, and not in the habit of public speaking; and if I have not the faculty of composing my arguments in so connected a form as a lawyer's special pleadings, I hope the House will excuse me, and grant me their indulgence to do it in such form as my capacity will admit of.

[The Speaker observed that it was unpleasant to the Chair that the gentleman should indulge in such remarks; he had certainly no wish not to give full latitude to debate. Mr. B. said he stood corrected, and was allowed to proceed.]

Then, Mr. Speaker, I object, because, in my opinion, it is not calculated to produce the desired effect, or that which is intended by it: that is, to raise a force competent to the conquest of the Canadas in the given time. I will ask how many regiments you have in your present establishment? Say thirty-five, and you add twenty, making together fifty-five: what use is there in multiplying regiments without men? The Chairman did state that from prudential motives, he had thought it inexpedient to give the number now actually in service, or enlisted by the present establishment. Sir, it is not my wish to go into a strict inquiry; the regard I have for the honor of my country forbids me; but I will suppose seventeen thousand, and, I believe, that is large; then there is left officers for eighteen thousand men. Are these not sufficient for the recruiting service? to engage every man who is willing to serve his country? to place a recruiting officer in almost every town and village in the United States? They are; and, therefore, you ought not to create an unnecessary addition. If the present establishment is not full, what is the reason? Either that the pay and bounty are not sufficient inducements, or there is a dislike to the service; your creating more regiments will not remove that difficulty. I am against the bill, because the term of service is too short to answer any valuable purpose. Suppose them intended to operate as a force against Canada. Let us see how that will answer the purpose: You send out your warrants to commence the enlistment of the proposed troops at this time; how long a time, is it contemplated, will be necessary for their enlistment? My opinion is, that you will not have them half full in four months; it is then time to take the field, and they are then raw troops. The honorable Chairman (Mr. D. R. Williams) states to you the number of troops necessary for defensive operations, according to his calculation, to be ten thousand; deducting that number from the present establishment, supposing it to be full. It is not for me to say how far the present establishment is short of the whole number, or will be at that time; but we know that it is far short; we do not know that it can be filled, and if it cannot, then those calculations are fictitious. He also states to you that the regular force in the Canadas is not to be estimated at less than twelve thousand, and three thousand in Halifax, besides their militia. According to this, and my views, you cannot enter Canada the next campaign with man for man; and surely that is not sufficient for conquest in an enemy's country. But I will suppose that you conquer a part of the country; that part must be garrisoned if you will keep it. In a year from the time of enlistment their term expires, and what becomes of your conquest, without force to keep it, supposing it to be made? Say that the officers will be called into service in four months, and there is some of the men enlisted six or eight months hence; the officers must serve until the expiration of the term of the last man engaged, or a derangement must take place – always a disagreeable occurrence in an army.

Sir, if you have not numbers sufficient to bear down all opposition, invade it not: act on the defensive until you have engaged your men, and for a term of time sufficient to answer your purpose; then may you count upon success and honor. I do not say that I believe land conquests will produce an acknowledgment of our rights on the ocean. I believe it will not; but unless you act with great regularity, system, and economy, you cannot avoid it; you must meet with nothing but disappointments and disgrace.

Mr. Law said as he was originally opposed to the war, and the preparatory steps which led to it, he could not admit the principle, that because war was declared he was bound to acquiesce, and lend his aid to promote every plan for prosecuting the war which might be proposed, however wild and extravagant the same might appear. He said he felt it a duty, and he claimed it as a right, (although he was not ambitious very often to exercise the right,) to offer objections to any measures which might be introduced, if he supposed they were not calculated to produce the effect intended, although he might not be in favor of the object itself; or if he believed the measure proposed would be productive of real evil. Now, sir, on this important occasion it would be wise for a moment to look back, and if we can bear the pain of retrospection, consider what this nation once was, what it might be, and what it in fact is. Time was, and that within the recollection of us all, when industry, commerce, prosperity, and peace, gladdened the hearts of this once happy people, and the use of arms was known only as a pacific pastime. The nation, like some individuals, could not bear the intoxicating influence of prosperity. It might have preserved its enviable condition, but it labored and groaned under the weight of national blessings; it submitted to regard the sinister views and malign influence of foreign powers; it listened – fatally listened – to a serpent more fell than the serpent of old. And now how sad is the reverse, let a dejected and impoverished nation answer; in the past, we see departed comforts; before us, we behold ruin and distress. The unhappy crisis to which we have arrived has been progressive. Had the transition been sudden, the nation would have been driven to desperation. We have been often admonished by those who foresaw the present evils; and had we been wise, might have avoided the calamities in which the country is now involved, and from which there is at present no prospect of speedy relief.

Sir, we will no longer dwell on times past; we will now briefly notice the causes which were alleged in the manifestoes which immediately preceded the declaration of war, and what was said to be the object, and attempt to show that the bill now under consideration is unnecessary for the attainment of the original object; that it will be injurious to the militia, and may endanger the liberties of the country.

As to the causes of the war, without admitting or denying their justice on national principles to justify the act at the time it was declared, he might say that some of the pretended causes have never been seriously relied on by our own Government. The principal one has been wholly removed; and but one of the ingenious catalogue now remains, and that might easily be adjusted to the mutual satisfaction of both nations. And, sir, it ought not to be forgotten, that the act declaring war was carried with great labor and much reluctance; and such was the majority in each branch of Congress that it might well have justified a doubt as to the expediency when it did pass. Besides, a large proportion of the United States were then, and even since have been opposed to the act. And this opposition was not confined to those who have been slanderously reported to be in the interest of Great Britain. The disgust and abhorrence was felt by some of the best patriots and purest bosoms in the country. Experience has also proved that the public sentiment was against the war; witness the feeble ranks of your volunteers, the slow and reluctant march of the militia, and the tardy progress in the recruiting service. Sir, the disgrace and disasters which have hitherto attended the army, have resulted more from a want of confidence in the justice and propriety of the war, than from the lack of talents in those who have conducted the battles, incompetent as they have been represented to command. A nation like this cannot be driven to war. They must feel the justice and necessity of it, and the justice must be so strong as to pierce every heart. This would be felt in a necessary and defensive war; then, indeed, the nation would smite with one arm. Before such a people, roused in such a cause, the veteran legions of Napoleon would be compelled to bite the dust. Such, alas! is not our case. We have a war, without the spirit or unanimity which springs from these causes, and without the pecuniary means of supporting it. Such a war must be disastrous! On what, sir, is the honor of this nation now suspended? On the Navy! that little navy which was despised, neglected, and forgotten, until it fought itself into notice, and rescued the sinking honor of the country.

What, sir, was the avowed object of this war? It has ever been said that conquest, with a view of extending our territory, and enlarging our dominion, was not the wish of this Government. The idea of this Republic following the footsteps of foreign ambitious nations, was so repugnant to the genius of the American people, and the constitution under which we live, that few, if any, of the warmest advocates of the war dare avow it.

The pretence was to take, or rather to receive Canada; for it was vainly supposed the inhabitants of that province would readily join our standard, on the first invitation. But we must go through the form of conquest to protect them from the charge of treason to their own Government. We were to hold Canada until peace should return, and then it was to be delivered up in exchange for maritime rights. And this it was supposed would be a powerful weapon in our hands in the negotiation. With this view the bills augmenting the Army, raising the volunteers, and transferring the militia, passed. By the present bill, and the project connected with it, the original plan is abandoned with the volunteers and militia, and we are now presented with a compound system of conquest, extermination, and defence. It would seem with the force of fifty-five thousand regular troops, we are to conquer all the residue of North America; exterminate every tawny infidel this side of the Isthmus of Darien, and defend a seacoast many hundred miles in extent from the incursions of the enemy! This is truly a gigantic project. He said he could not give it his aid; and he thought some honorable gentlemen who voted for the war would, when they reflected on the magnitude of the scheme now presented, seize this occasion to retire, unwilling to entail on themselves and posterity the expense and ruin which would flow from the project, if carried into execution.

Mr. Quincy. – Mr. Speaker, I fear that the state of my health may prevent my doing justice to my sentiments concerning this bill. I will, however, make the attempt though I should fail in it.

The bill proposes that 20,000 men should be added to the existing Military Establishment. This, at present, consists of 35,000 men. So that the effect of this bill is to place, at the disposal of the Executive, an army of 55,000. It is not pretended that this addition is wanted either for defence or for the relief of the Indian frontier. On the contrary, it is expressly acknowledged that the present establishment is sufficient for both of those objects. But the purpose for which these 20,000 men are demanded is, the invasion of Canada. This is unequivocally avowed by the chairman of the Committee of Military Affairs, (Mr. D. R. Williams,) the organ, as is admitted, of the will and the wishes of the American Cabinet.

The bill, therefore, brings, necessarily, into deliberation, the conquest of Canada, either as an object, in itself desirable, or consequentially advantageous, by its effect, in producing an early and honorable peace.29

Before I enter upon the discussion of those topics, which naturally arise from this state of the subject, I will ask your indulgence, for one moment, while I make a few remarks upon this intention of the American Cabinet thus unequivocally avowed. I am induced to this from the knowledge, which I have, that this design is not deemed to be serious by some men of both political parties; as well within this House as out of it. I know that some of the friends of the present Administration do consider the proposition as a mere feint, made for the purpose of putting a good face upon things, and of strengthening the hope of a successful negotiation, by exciting the apprehensions of the British Cabinet for the fate of their colonies. I know, also, that some of those who are opposed in political sentiment to the men who are now at the head of affairs, laugh at these schemes of invasion; and deem them hardly worth controversy, on account of their opinion of the imbecility of the American Cabinet, and the embarrassment of its resources.

I am anxious that no doubt should exist upon this subject either in the House or in the nation. Whosoever considers the object of this bill to be any other than that which has been avowed, is mistaken. Whosoever believes this bill to be a means of peace, or any thing else than an instrument of vigorous and long-protracted war, is grievously deceived. And whoever acts under such mistake, or such deception, will have to lament one of the grossest, and perhaps one of the most critical errors of his political life. I warn, therefore, my political opponents; those honest men, of whom I know there are some, who, paying only a general attention to the course of public affairs, submit the guidance of their opinions to the men who stand at the helm, not to vote for this bill under any belief that its object is to aid negotiation for peace. Let such gentlemen recur to their past experience on similar occasions. They will find that it has been always the case, whenever any obnoxious measure is about to be passed, that its passage is assisted by the aid of some such collateral suggestions. No sooner do the Cabinet perceive that any potion, which they intend to administer, is loathed by a considerable part of the majority, and that their apprehensions are alive lest it should have a scouring effect upon their popularity, than certain under-operators are set to work, whose business it is to amuse the minds, and beguile the attention of the patients while the dose is swallowing. The language always is: "Trust the Cabinet doctors. The medicine will not operate as you imagine, but quite another way." After this manner the fears of the men are allayed, and the purposes of the Administration are attained under suggestions very different from the true motives. Thus, the embargo, which has since been unequivocally acknowledged to have been intended to coerce Great Britain, was adopted, as the Executive asserted, "to save our essential resources." So, also, when the present war was declared against Great Britain, members of the House were known to state that they voted for it under the suggestion that it would not be a war of ten days: that it was known that Mr. Foster had instructions to make definitive arrangements, in his pocket; and that the United States had only to advance to the point of war, and the whole business would be settled. And now an army, which, in point of numbers, Cromwell might envy, greater than that with which Cæsar passed the Rubicon, is to be helped through a reluctant Congress, under the suggestion of its being only a parade force, to make negotiation successful; that it is the incipient state of a project for a grand pacification!

I warn also my political friends. These gentlemen are apt to place great reliance on their own intelligence and sagacity. Some of these will tell you that the invasion of Canada is impossible. They ask where are the men – where is the money to be obtained? And they talk very wisely concerning common sense and common prudence, and will show, with much learning, how this attempt is an offence against both the one and the other. But, sir, it has been my lot to be an observer of the character and conduct of the men now in power for these eight years past. And I state, without hesitation, that no scheme ever was, or ever will be, rejected by them, merely on account of its running counter to the ordinary dictates of common sense and common prudence. On the contrary, on that very account, I believe it more likely to be both suggested and adopted by them. And, what may appear a paradox, for that very reason, the chance is rather increased that it will be successful.

I could illustrate this position twenty ways. I shall content myself with remarking only upon two instances, and those recent; the present war, and the late invasion of Canada. When war against Great Britain was proposed at the last session, there were thousands in these United States, and I confess to you I was myself among the number, who believed not one word of the matter. I put my trust in the old fashioned notions of common sense, and common prudence. That a people, which had been more than twenty years at peace, should enter upon hostilities against a people which had been twenty years at war; that a nation, whose army and navy were little more than nominal, should engage in a war with a nation possessing one of the best appointed armies and the most powerful marine on the globe; that a country, to which neutrality had been a perpetual harvest, should throw that great blessing away for a controversy in which nothing was to be gained, and every thing valuable put in jeopardy; from these, and innumerable like considerations, the idea seemed so absurd that I never once entertained it as possible. And now, after war has been declared, the whole affair seems so extraordinary and so utterly irreconcilable to any previous suggestions of wisdom and duty, that I know not what to make of it or how to believe it. Even at this moment my mind is very much in the state of certain Pennsylvania Germans, of whom I have heard it asserted that they are taught to believe, by their political leaders, and do at this moment consider the allegation, that war is at present existing between the United States and Great Britain, to be a "federal falsehood."