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

Thus, sir, believing the French decrees to be repealed, we departed from our neutral stand by enforcing the non-intercourse law against Great Britain. We have in vain waited for such evidence of their repeal as would have induced Great Britain to rescind her Orders in Council – the great cause of the war. Their revocation depended upon the repeal of the French decrees; and had they been revoked, there would have been no war between the United States and Great Britain. The decree, declaring the edicts of France to be revoked, is at length issued, when the Emperor knows it is too late to prevent the war. The decree is communicated to the English Government, the Orders in Council are revoked on the ground of the repeal of the French decrees, but the United States have declared war. How, sir, can I make this matter plainer? Our whole course against Great Britain has proceeded from the belief of the repeal of the Berlin and Milan decrees; but that evidence of their repeal, which would have stopped our course, by means of which the Orders in Council would have been revoked, and the war would have been avoided, is withheld till the Emperor knows that war is inevitable. Thus, sir, have we been duped, deceived, and inveigled.

I repeat it, sir, had we, on the 17th June, understood our foreign relations as we now understand them, we should not have declared war. And would it not have been just and magnanimous in this Government, when all doubt was removed on the subject of the French decrees, to have acknowledged its error? Did not the honor, the character, the independence of the country require of us to go back to our original neutral ground? I rose principally for the purpose of presenting this view of the arts and deceit of the French Emperor to the committee. I regret that I have not done it more fully and clearly; and I hope that some gentleman more competent to a proper examination of the subject will yet take it up before we get through this discussion.

Mr. Tallmadge said he felt a peculiar embarrassment in rising to offer to the consideration of the committee some of his own reflections on the important subject now under debate, from a twofold consideration. In the first place, the magnitude of the question might claim the aid of more exalted talents than he pretended to possess, and, therefore, to do it justice, he feared, would not be in his power. For, said Mr. T., in the extensive range of debate which has been permitted by the Chair, the whole field of our foreign relations has been open to examination, and the policy of our own Government in relation to Great Britain has been deemed fairly within the range of discussion.

In the second place, the gentlemen who had preceded have occupied the ground so ably, and discussed the subject so extensively, that it was somewhat difficult to present arguments entirely novel to arrest the attention of the committee. Having a belief, however, that there were some important considerations, in relation to the bill now under debate, which had not yet been brought into view, he begged the attention of the committee while he endeavored to lay before them the views which he had taken of the subject, and which constrained him most decidedly to oppose the passage of the bill.

Before I enter upon the merits of the subject, said Mr. T., I take occasion to express my hearty assent to declarations made by honorable gentlemen that this is no time to indulge the bickerings of party; and that it is greatly to be desired that all distinctions of this sort were entirely laid aside and forgotten. Sir, I should consider it the most auspicious event of my life if I could see every gentleman on this floor determined to take and maintain the true old American ground occupied by the patriots of '76. Although it may be painful to the feelings of an honorable mind to be assailed with odious appellations, and charged with duplicity and falsehood, yet the mind which has virtue for its basis, a conscious integrity for its support, and firmness sufficient to enable the man to do his duty, may hope to pass unhurt by such malicious darts.

Standing, as I do, in the highly-responsible situation of one of the legislators of this extensive country, I hope to have stability and integrity sufficient to enable me to discharge my duty to my constituents. If, after having passed through the Revolutionary war, and having never changed my political creed to the present day, an odious epithet could induce me to alter my course, I should be unworthy the confidence of my country. But whence, Mr. Chairman, proceeds this system of slander and abuse? From the foul presses of our country. To whom are some of the fairest characters which have ever adorned this or any other country indebted for the odious epithets of monarchists, foreign agents, tories, and the like? To your imported patriots, who, weary of the dull pursuits of industry on their native soil, or escaping from the justice of the laws of their own country, have fled to this happy land to instruct its inhabitants in the true principles of liberty and equality.

To this set of newly-fledged politicians, and men of a similar stamp, is this once happy country indebted for one-half the miseries and much of the disgrace which it suffers.

I have been led into this digression in consequence of remarks which have fallen from the other side of the House, but will now return to my subject.

A gentleman from New York, (Mr. Stow,) who addressed you early in this debate, told us that he reprobated the war, and had no confidence in the Administration to conduct it to a successful issue, but should vote for the bill to enable them to carry it on. This is strange political logic to my understanding. While I subscribe fully to his premises, the reasonings of my mind bring me to a very different result. Because I deprecate this war as pregnant with great evils, if not ruin to my country, I will, therefore, take all constitutional measures to bring it to a speedy and honorable close; and because I have no confidence in the Executive department of our Government, nor in the subordinate agents who have been appointed to vote for this bill, which, if adopted, will enlist still greater evils on this devoted country.

In presenting the subject to this honorable committee, in its most appropriate form, it may be proper to examine into the prominent causes of our dispute, which has terminated in open war with Great Britain. These I take to be three, viz:

1. The Orders in Council.

2. Impressment of our seamen.

3. The attack upon the Chesapeake.

That we may narrow the point in controversy as much as possible, I remark that ample and satisfactory atonement having been made for the violation of our rights by the attack on the Chesapeake, one cause of disquietude and a prominent one too, has been finally removed. It has indeed been frequently remarked on this floor, that the satisfaction offered for the unauthorized attack on the frigate Chesapeake was long delayed, and very reluctantly offered. However painful it may be to censure the conduct of our own Government, yet a sense of justice obliges me to say, that to every overture made by Great Britain to accommodate this unpleasant affair, our Administration attached some exceptionable condition which closed the door to an amicable adjustment. The committee cannot have forgotten the early disavowal of this wanton aggression on the honor of our flag by the British Government, and the tender of satisfaction which was made, but failed because our Minister was instructed to couple with this complaint the subject of impressment; nor can they have forgotten how indignant the Ministry and nation were when the President assumed the right of judging what would best comport with the honor of their King. Few, I believe, who read the offensive remark, expect a different result from that which ensued. And while I am upon this subject I take occasion to remark, that in all our attempts to negotiate with the British Government there seems to have been some untoward circumstance, some unfortunate condition, either accidentally or intentionally, attached to the question at issue, which has defeated the negotiation.

It would be within the scope of my present plan to take a particular review of the British Orders in Council, as well as the subject of impressments. But inasmuch as the documents relating to these two subjects have been laid on every gentleman's table; and more especially when I reflect that both topics have been very ably discussed by some gentlemen who have preceded me, and especially by the gentleman who has just sat down, (Mr. Bleecker,) I shall content myself with taking but a brief review of these prominent, and I may add, the only remaining causes for the present war. As to the Orders in Council, it ought not to be forgotten, that during several lengthy discussions to obtain their repeal, as well by our Ministers in London, as at this place, they have been considered as the prominent point in dispute. So, again, as to the origin of our restrictive system; it cannot be forgotten that the friends and abettors of those measures uniformly professed that they were adopted as retaliatory for the Orders in Council. From the first partial non-importation act, which passed on the eighteenth of April, 1806, down to the law of the second of March, 1811, the object has been, on the very face of the law, to procure a repeal of the Orders in Council, and of the Berlin and Milan decrees. If any doubt should remain on the mind of any member of this committee as to this fact, I beg him to turn his eye to the restrictive code, and I presume he will find the evidence to be abundant and complete. In this system of anti-commercial regulations, I find the origin and progress of our present political calamities. And here, Mr. Chairman, I shall readily admit, that we had grievances and complaints, great and heavy, against both of the belligerents; nor have I the least inclination to palliate or excuse them. My object is to show, what I have uniformly expressed on this floor, that our system of non-importation, non-intercourse, and embargo, have been directed against the Orders in Council, as to Great Britain, and nothing else; and finally, have brought this country into a ruinous war. Is there a man within these walls, who does not now believe (as was fully predicted when the law passed) that the conditions held out to the two great belligerents, to induce them to repeal their obnoxious edicts, violating the neutral commerce of the United States, placed the execution of our law in the hands of a foreign Government? Is there a man of ordinary capacity in the United States, having the means of information, who now believes that the Berlin and Milan decrees were repealed on the 1st of November, 1810, according to the proclamation of the President of the United States, solemnly announcing that fact; and that they thenceforward ceased to violate our neutral commerce? Does not candor constrain all to confess that, long after the pretended repeal of the aforesaid decrees, our commerce was harassed in every sea where French cruisers could reach it? Need I point you to the piratical seizures and burning of American property in the Baltic, the Mediterranean and the Atlantic seas, by the privateers and fleets of the French Empire; subsequent to this pretended repeal, and sanctioned expressly by its authority? If all other evidence should be deemed insufficient, I inquire whether the French Emperor himself has not sufficiently humbled this country (if indeed our cup of humiliation had not been full before) by his own formal antedated repeal of his Berlin and Milan decrees, long subsequent to the time imposed on the President by the Duke of Cadore?

It cannot have escaped the attention of the committee, or of the nation, that Napoleon's decree, respecting the Berlin and Milan decrees, bears date the 28th of April, 1811, and is explicitly bottomed on the law of Congress passed March 2, 1811; the sole object of which law was to confirm the proclamation of the President which had then been issued more than four months, and the legality of which had become very questionable. This decree may be found among the documents accompanying the President's Message of November 4th, 1812, and on the forty-sixth page of those printed papers.

If further evidence should be needed to prove the abominable fraud of this transaction, it may be found in the correspondence of our Minister at Paris, in the summer of 1811, wherein he remarks, that he had repeatedly demanded evidence of the repeal of the Berlin and Milan decrees, but none could be obtained. And yet, forsooth, we are now furnished with a decree dated in April preceding, but not issued until we are so entangled in French toils, that war with Great Britain was inevitable. If this fact alone had been understood, I put it to the candor of this honorable committee to say, whether they would have consented to the declaration of war against Great Britain at the time and for the reasons which were given? I say, without fear of contradiction, that they would not. If my premises are true, and the inference undisputed, since the Government has been grossly deceived and drawn into this war, for reasons and causes which did not then exist, most assuredly it becomes our duty as well as interest to relieve the country from its pressure as soon as possible.

In addition to all this, it is a singular fact in the history and progress of this war, that in five days after its declaration, (viz. on the 23d of June, 1812,) and as soon as the aforesaid decree of the French Emperor was made known to the British Ministry by Mr. Russell, an Order in Council was issued, repealing the former obnoxious orders, which had been ostensively the most prominent cause of the war; and yet the President has never issued his proclamation announcing that fact, as by the terms of the law of March 2d, 1811, he was expressly bound to do. On this failure of the President to do what the law enjoined on him to perform, as well as having issued his proclamation of November, 1810, without possessing the facts required by the law to support him, I make no comment. The account is still unsettled between him and this injured country.

The Orders in Council having thus been revoked, the continuance of the war seems to rest upon the impressment of our seamen alone. Give me leave then to inquire into the grounds of this practice, as claimed by Great Britain. Is it not bottomed on the ancient doctrine of perpetual allegiance – or in other words, that the native-born subject can never so expatriate, as that the mother country may not claim his service in time of war? Is this a novel doctrine, either as to time, or the nation who now attempts to enforce it? I venture to say that Great Britain has practised upon this principle ever since she has been a nation; and it is farther manifest that France, and all the maritime powers of Europe, have maintained the same doctrine. Nay, sir, we maintain the same doctrine in our own country; in proof of which, witness the President's proclamation at the commencement of this war; and notice also the recent case of Clark the spy, who was condemned to suffer death by a court martial, and was pardoned by the President on the ground of his owing allegiance to the United States, although residing in an enemy's territory, and having been naturalized or sworn allegiance to the King of Great Britain. Hence it would seem, that the principle set up was not novel nor singular. But what is the principle in contest between the two Governments? Great Britain claims the right to visit neutral merchant ships on the high seas; and if she finds any of her natural born subjects, to take them into her service. The Government of the United States denies to her this right, and asserts, that a foreigner naturalized in this country, is absolved from all allegiance to the parent State. The practice of Great Britain under her principle, has undoubtedly subjected some of our native citizens to capture and involuntary service, from causes which I need not here repeat. In all such cases, I take it to be admitted on all hands, that she sets up no claim, and therefore every abuse of this sort is capable of remedy. But on this head I have no hesitation in expressing my unqualified belief, founded on documents which have been laid on our tables, that the list of such impressed seamen is greatly exaggerated. Out of the number six thousand two hundred and fifty-seven of American citizens said to have been impressed, and forming a standing head piece to the list of our grievances, I very much question if five hundred native Americans can be found among them all. The documents lately furnished by the Secretary of State, if carefully examined, will serve very much to substantiate this fact. Many names are there returned who have only forwarded their claims to our Consul at London, and who, very probably, never set foot on American ground. Others again are continued on the list who have been discharged years ago, and others who have voluntarily engaged in her service.

The question then at issue, I take to be this – Shall the war with Great Britain be continued to oblige her to relinquish the practice of taking from our merchantmen her native British sailors? If we could obtain the principle by continuing the war, I think it can be demonstrated, that it would be injurious to the American seamen to have it so established, inasmuch as it would, by increasing the number of our seamen, necessarily diminish their wages. But, circumstanced as Great Britain is, contending for her existence against the most formidable power on earth, and resting her last hopes upon her navy, I presume she will never relinquish the principle.

The inquiry has been made, with some solicitude, what will you do with naturalized foreigners? I answer, treat them hospitably, and extend the arm of protection and all the blessings of government to them while they continue within your territorial jurisdiction; but if they leave your territory, and choose to go upon the great highway of nations, the risk and the choice are their own, as will be the peril. Put the case fairly to the yeomanry of our country, and let them understand the subject, that this war is to be carried on for the purpose of protecting foreigners while sailing on the high seas, and I very much incline to the opinion, that they would, dismiss the authors of this war from further service, or oblige them soon to bring it to a close. Sir, I will not consent to waste one drop of pure American blood, nor to expend a single dollar, to protect, on the high seas, all the vagabonds of Europe. Valuable as may have been the acquisition in obtaining many great and good men as emigrants from Europe, still I must maintain the opinion, that all the blessings of liberty and domestic government, which are secured to them in common with our native citizens, ought to be an ample compensation. I know it is no easy matter to draw the precise line where protection shall cease; but in a question of such moment as peace or war, the prosperity and happiness, perhaps the misery and ruin of our country, I cannot hesitate as to the course proper to be pursued.

With respect to protections, they have become so much a matter of bargain and sale, that having been counterfeited and sold in almost every port in Great Britain, as well as in America, they have long since ceased to answer any valuable purpose. It has been a fact long since well established, that a foreigner, who could scarcely speak our language, could procure a protection in Great Britain purporting to be evidence of his American citizenship. This then may account for the light and contemptuous treatment given to this species of evidence by the officers of the British navy.

Friday, January 8

Mounted Rangers

Mr. Jennings said that it must be recollected by the House, that the act which was passed at the last session of Congress, for the raising certain companies of rangers for the protection of the frontiers, had expired. Those rangers were raised under the apprehension of attacks from the savages; and these apprehensions have unfortunately been realized far beyond the general anticipation. When those companies were raised, Mr. Speaker, we expected long since to have taken possession of the British Province of Upper Canada, thereby to have intercepted the connection and communication between the British and the northwestern Indians. It will therefore readily be perceived, that in consequence of our disappointed expectations in that quarter, the northwestern frontier will be more exposed to the savage knife and tomahawk, at the opening of the approaching spring, than they have been heretofore. This description of force, if again organized, and stationed at suitable points without the frontier settlements, will render it more efficient, and in a better situation to range the woods and prevent the unapprised attack of the savage upon the helpless women and children. If we had to expect invasion from a civilized foe, our situation would not excite so much terror, but the savage character draws no distinction between the helpless infant and the prisoner of war. Under such circumstances, no calculation of expenditure ought to have any weight against a measure calculated to afford a necessary and proper protection to such an important and extensive frontier of the United States. The secrecy and facility with which the savages can assail that frontier, renders it improper that we should depend entirely for protection upon the volunteers and militia of an adjoining State. They carry with them their prejudices, and too often forget the sacred rights of private property. This fact has unfortunately been verified by a petition which I presented yesterday from the territory which I represent. But I cannot believe that such is the character of the citizens of Kentucky, although I do believe that the cause of that plundering, so far as it did take place in the western part of the territory of Indiana, by a portion of the Kentucky volunteers, may be found in the unhallowed exertions of local political purposes, to impress on the minds of at least some of those volunteers, that they were to defend British agents, British partisans, and persons having connection with the savages.

I shall now (said Mr. J.) present to the House the following resolutions which I have prepared, as well for the purpose of offering a bounty in lands to those who would volunteer their services as rangers for the protection of the northwestern frontier, as for the purpose of inquiring into the expediency of paying the militia and volunteers who have already rendered important services in shielding the helpless from savage cruelty: —

"Resolved, That the Committee on Military Affairs be, and they are hereby, directed to inquire into the expediency of authorizing the President of the United States to raise at least twelve companies of rangers, by the acceptance of volunteers or enlistment for one year, to be mounted or otherwise, as the service may require.

"Resolved, That the said committee inquire into the expediency of allowing a bounty in land to those who shall tender their services as rangers, and be accepted by the President of the United States.

"Resolved, That the said committee inquire likewise into the expediency of making provision for compensating the militia or volunteers, who may have been called out, or whose services may have been accepted by the Executives of either of the territories of the United States."

The resolutions were ordered to lie on the table.

Additional Military Force

The House again resolved itself into a Committee of the Whole, on the bill from the Senate authorizing the raising of twenty thousand men, for one year, if in the opinion of the President of the United States the public service shall require it.

Mr. Wheaton said: Mr. Speaker, every intelligent man, whose age has given him an opportunity of combining experience with observation, must know that there are times when, on certain questions relating to the great interests of the nation, the sober remonstrances of truth and reason are of little or no avail against the misguided impetuosity of public prejudice. To such a crisis, if we have not already arrived, it is greatly to be feared that we are fast approaching. To float along the current of popular opinion requires very little exertion; but the man that is placed in a situation where the public safety demands that he should stem the torrent and buffet the storm, cannot but reflect, with peculiar sensibility, on the very unequal task he has to perform. The bill, now under consideration, has opened a field of discussion on the general policy of the war, in which its advocates and opponents seem to have given full range to their imaginations; and the arguments, on both sides, have apparently been attended with various success. There can, however, be little doubt on which side the victory will finally be declared. It is well known that the majority are determined, and the bill will pass. I had therefore resolved to take no part in the dispute, but to content myself with giving a simple vote. But, reflecting that I am called upon to act on a subject by me deemed important, not only for myself, but for the good of the people whom I have the honor to represent, who will be equally interested in the result, I have felt myself impelled, both by duty and inclination, to state some of the reasons on which that vote will be grounded.