SENATE. Hostilities with Great Britain. JUNE, 1812. mighty resentment against Britain? He believed, as he hoped, that there was no honorable gentleman on the floor who would not live long enough to have a complete surfeit of the war, though it should be postponed for a few months. require no defence, and shall we declare war in order to defend ourselves? But what blow are you prepared to strike? Were you able in the Summer to recruit your Army of twenty-five thousand men, could it be employed in any service in the course of this year? A soldier is not made in a day. The authority of a foreign officer, now in this country, of the highest military reputation, he had heard frequently cited, that it required at least fourteen months to form a soldier of a recruit. This remark applied to France, where the officers have generally received a mili-will be defended by the elements. Postpone the tary education, and where there are so many models to imitate, and so many instructors to teach. But here the officer is to form as well as the soldier. The officer has to learn his lesson first, before he can prescribe the task of the soldier. You may possibly have a herd of men, but you can have no army to lead into service this season; and if this herd be led against disciplined troops, you can expect nothing but defeat and disgrace. But you have not got, nor can you get, the men during the present year. These are not the days of Cadmus. It will require great patience and industry, and a considerable length of time, to collect twenty-five thousand men. Have you the least prospect, if you declare war, of attacking Canada this season? It is impossible that you can do it with effect. You will be sufficiently occupied in defending your frontiers against the savages. He said he was greatly influenced in his motion for postponing, by the combined considerations of the present defenceless condition of the country, and the protection which Providence had given us against a maritime Power in the winter season. During the winter months you war till November, and we shall not have to dread an enemy on our coast till April. In the mean time, go on with your recruiting, fill up, discipline, and train an army. Take the stations, if you please, which will enable you to open an early campaign. Your trade will all have time to return before hostilities commence, and having all your ships and seamen at home, you may be prepared to put forth all your strength upon the ocean on the opening of the ensuing Spring. Shall we, by an untimely precipitancy, yielding to a fretful impatience of delay, throw our wealth into the hands of the enemy, and feed that very rapacity which it is our object to subdue or to punish? cult consideration than the nature of the proposed measure. Without inquiring whether war was the right course for the nation to take under existing circumstances, he did most confidently assert that this was not the time when war ought to be commenced. We can lose nothing by delay; much will be certainly saved; and at a moment pregnant with great events, it was most evidently our true policy to temporize. You give up no right, yield no pretension, and profit by every day in rendering the condition of the country more secure, and its It is not on land then that you expect immedi- attitude more formidable. The just appreciation ately to assail your enemy. Is it on the ocean of time is among the highest points of political that the impression is to be made? You have sagacity. To know what step the times will twenty vessels of war-Britain upwards of a thou-warrant, and to take the step at the proper time, sand. What will avail the activity or gallantry is generally a matter of more important and diffiof your officers and seamen against such disparity of force? Your little Navy must fall immediately, or be driven from the ocean. Some gentlemen indulge great expectations from privateers; but has Great Britain any unarmed or unprotected trade, which they can attack? Privateers have no other object than plunder and booty. They avoid armed vessels-and, defended as is the British commerce in every part of the world by her great naval force, it is little to be expected that privateering will be attended with much success or encouragement. But while we are searching for the means of annoying the commerce of Britain, does it become us to overlook at this moment the condition of our own? A valuable part of the trade from beyond the Cape of Good Hope has not yet arrived. Of the numberless vessels which sailed upon the eve of the embargo, few have returned. Your merchant vessels are without convoy and utterly defenceless. Your condition therefore, is, that with more commerce exposed, your adversary will possess greater means of annoyance, and the consequence must be, that we shall lose infinitely more than we can expect to gain. Mr. B. said it belonged to the motion he had submitted to bring under review the alleged causes of war, and to inquire into the probability of our attaining the objects for which we were to embark in the war. If we are to come out of the war, as we enter into it, after having wasted the blood and treasure of the nation, and loaded the country with debt and taxes, it would certainly be more rational to submit at once to the wrongs we endure. If we expect to extort any conces sion from Britain, we must be prepared for a long, obstinate, and bloody conflict. Britain at this moment does not court the quarrel. She has reduced the catalogue of our complaints; and though not disposed to surrender her pretensions, she has evidently made advances towards conciliation. The recent Orders in Council were desired to be so considered, and she has removed a great source of umbrage in withdrawUnder such circumstances, what should hurrying her armed ships from our coasts. She had us into the war? Are gentlemen afraid if they wait till November the world will not last long enough to afford them time to gratify in war their offered satisfaction for the affair of the Chesapeake, which our Government had acceptedwhich must therefore be taken to be honorable 293 JUNE, 1812. Hostilities with Great Britain. and sufficient, and the offence which had been given completely expiated. We are no longer at variance in relation to the colonial trade. France no longer has colonies, and we have no occasion to contend at present for any empty rights which could be exercised if yielded. 294 SENATE. considered the Berlin and Milan decrees used as a mere pretext. Those decrees were vain and empty denunciations in relation to England. The plain design of the French Government was to deprive France of the benefits of external commerce, unless the profits of it were divided with herself. This was fully proved by the license The question, therefore, as to the right of a trade. Britain carries on the very trade she deneutral to be the carrier of the produce of the col-nies to neutrals, and having engrossed the whole ony of a belligerent, having been reduced by the course of the war to a mere question of theory, it no longer entered into the disputes of the two Governments. The question as to the impressment of our seamen did not present insuperable difficulties. Britain never contended for a right, to impress American seamen. The right she claims is to take her own subjects found in our merchant service. She exercises the right in relation to her own private vessels. This right she never will, nor can give up. If our merchant flag were a secure protection to British seamen who sailed under it, the British navy must be unmanned by desertion; while our merchants can, and do pay a dollar for every shilling a sailor can earn in the naval service of his country. Can it be expected that a nation which depends for its existence upon its naval strength would yield a principle threatening the destruction of its maritime power? No war of any duration, or however disastrous, will ever extort this concession-she may as well fall with arms in her hands, as to seal quietly the bond of her ruin. to herself, she excludes neutrals from a participation. No man was more disposed than himself to reprobate the wrong and injustice of the British Government upon this subject. They resort to the French decrees to justify themselves, and though he considered them as no justification, yet our Government in their conduct had admitted that the decrees placed us upon the same footing as to France, as the orders did as to England, and required equal measures to both nations. Our Government has been pleased to say what he did not think, at this time, any man in the nation, believed besides themselves. They have been pleased to say the decrees are repealed. This is a fact, and asserted without any proof. The decrees could only be repealed by the same power and in the same manner in which they were enacted. They proceeded from the sovereign power of France, and became the law of the Empire. The same power, in the solemn form of a law, could alone revoke them. We possess the decrees in all the forms of law, but have we ever seen, has the Government any reason to believe, that any decree in the form of a law has been passed to repeal them? The promise of a Sovereign to repeal a law does not annul it, nor would a reference of his Minister to its being repealed have that effect. Every Sovereign Power prescribes to itself a form in which its sovereign will shall be known, when it is to constitute a law of the land. He did not know that our Government had ever required the unqualified abandonment of the right to impress. Our complaints were chiefly of the abuses committed in the exercise of the right. It was a practice frequently attended with violence, insult, and gross injustice. Americans were often, from design or mistake, seized as British The decrees teach us what this form is in subjects, and we have abundant evidence of the fact, that many of our native seamen have been France, and we have no ground to believe that the decrees are repealed, till we see an act of the forced into British service. He had always understood, however, that such acts were not justi-Sovereign in the same form in which they are fied by the British Government. The Govern- found. Such is the course among ourselves. A ment have never claimed the right of holding an law is repealed by a law passed in the same form. American seamen against his will. The preten- It is the practice of every nation in Europe, and sions of the two Governments upon this subject, of every civilized nation on the earth. But even admitted of adjustment. The chief embarrass- the promise to repeal was only conditional, and it ment rose from the difficulty of distinguishing the has never been announced to us that the Emperor sailors of the two countries. But he had no doubt considered the condition complied with on our part, that this, and all other difficulties on the subject, by prohibiting the importation of British produce might be vanquished without having recourse to and manufactures. In fact, daily accounts are received of seizures made on the principles of those decrees; and to affirm that the decrees are repealed, was only to add perfidy to the atrocity of the conduct of the French, who do not hesitate to plunder, burn, and destroy our property on the high seas, even after abandoning the pretence with which at first they were respectful enough to attempt to cover their violence. war. The dispute as to paper blockades was, for the present, merged in the Orders in Council. Those orders were now to be considered as comprehending the whole cause of war. This subject deserves to be viewed in every light. The Orders in Council were not at this time, in truth, supported upon their original ground. Nothing could be more evident than the policy The ex-Minister, Mr. Canning, had publicly of the French Emperor, nor anything more morand candidly confessed the fact. They weretifying than the success which has attended his adopted as measures of retaliation, though they juggling. He has contrived to satisfy our Govnever deserved that character. He has always ernment that he has repealed his decrees, while to the eyes of the rest of the world they appear to be in force. By these means he has opened our ports to the public and private ships of France, and shut them against those of Great Britain. He denies the evidence of the repeal of his decrees, which he well knows, if furnished to us, would immediately remove the Orders in Council, and facilitate the settlement of our differences with England. Britain has declared that the moment evidence is produced of the repeal of the decrees, the Orders in Council shall ipso facto be annulled. The Emperor, instead of furnishing this evidence, is giving daily proofs, to our sorrow and loss, that the decrees are in force and opera-1 tion. JUNE, 1812. without gaining the paltry trade with France. The laws of war will operate still more extensively than the Orders in Council; and though no doubt we shall gratify the Emperor of France, we shall enjoy little commerce with his dominions. As it regards, therefore, our interest, it is found in protracting the present state of affairs. The question on postponement was determined in the negative-yeas 11, nays 21, as follows: YEAS-Messrs. Bayard, German, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, and Reed. NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Gregg, Howell, Leib, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington. On motion, by Mr. BAYARD, to postpone the further consideration of the bill to the third day of July nex, it was determined in the negativeyeas 9, nays 23, as follows: YEAS-Messrs. Bayard, Dana, German, Gilman, Goodrich, Horsey, Hunter, Lambert, and Lloyd. NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Pope, Reed, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington. On motion, by Mr. BAYARD, to postpone the further consideration of the bill to Monday next, it was determined in the negative-yeas 15, nays 17, as follows: YEAS-Messrs. Bayard, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Reed, and Smith of Maryland. NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Pope, Robinson, Smith of New York, Tait, Taylor, Varnum, and Worthington. termined in the affirmative-yeas 18, nays 14, as On motion, that the Senate adjourn, it was defollows: I am among the last men in the Senate, said Mr. B., who would justify or defend the Orders in Council. They violate the plainest rights of the nation. The ground of retaliation was never more than a pretext, and their plain object is to deprive France of neutral trade. It never was contended, nor does Britain now contend that she would be justified by the laws or usages of nations, to interdict our commerce with her enemy. She covers her injustice with the cloak of retaliation, and insists that she has a right to retort upon her enemy the evils of his own policy. This is a doctrine to which I am not disposed to agree. It is destruction to neutrals-makes them the prey of the belligerents. It is a doctrine which we must resist, but the time and manner of resistance ought to be determined by a view only to our own interests. Because we are injured, we certainly are not bound to make war before it is for our own benefit. There is one effect of this war which gentlemen ought to take into view, and which, to him, was a source of grief and humiliation. In making war upon England we bring the force of the nation in aid of France. We are about to assist a Government from whom we have suffered for years past the most humiliating insults and the most atrocious wrongs. We are about to make a common cause with a man who hates us for our language and despises us for our Government, and who would to-morrow, if he had the means, without seeking a pretence, add us to the list of his conquered provinces. This connexion should not be hastily formed. To other nations it has been the forerunner of their subjugation and ruin. Let us take time to consider the consequences of a step upon which the destiny of the nation depends. We may profit by delay, but can gain nothing by precipipitancy. The war will not hastily remove the Orders in Council. It is the principles of the The third reading of the bill from the House orders, rather than their effect, of which we com- of Representatives, entitled "An act declaring plain. The trade to France, which they inter-war between Great Britain and her dependencies, dict, is of little consequence to the country. Its and the United States and their Territories," annual amount is less than three millions of was resumed. dollars, and you find it onerated with duties so excessive, and restricted to such articles of exchange, that, even if enjoyed in safety, it would be productive of little profit to individuals or to the nation. If, however, you declare war at this time, you lose the trade to Great Britain and her, dependencies, equal to thirty-five millions a year, YEAS-Messrs. Bayard, Condit, Dana, German, Giles, Lambert, Leib, Lloyd, Pope, Reed, Smith of Maryland, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, and Smith of New York. NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Robinson, Tait, Taylor, Turner, Varnum, and Worthington. So the Senate adjourned to 11 o'clock to-mor row. WEDNESDAY, June 17. Whereupon, the following motion was submitted by Mr. GILES: Resolved, That the bill, entitled "An act declaring war between Great Britain and her dependencies, and the United States and their Territories," be recommitted to the committee to whom was committed the Message of the President of the United States of the first JUNE, 1812. Hostilities with Great Britain. instant, with instructions to modify and amend the nation. - And, further, to instruct the commanders of all ships of war belonging to the United States, to recapture any vessel of the United States navigating the ocean conformably to the laws of nations, which may have been previously captured by any French armed vessel; and also to capture any such French armed capturing vessel, and, in like manner, to bring in the same for adju dication and condemnation. And to authorize the President of the United States to cause letters of marque and general reprisal upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof; and also upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of France, or to the subjects thereof. And, on the question to agree to this motion, it was determined in the negative-yeas 14, nays 18, as follows: SENATE. and the dependencies thereof, and the United States of America and their Territories." On motion by Mr. ANDERSON, a committee was appointed, to consist of two members, to carry the said bill to the House of Representatives, and ask their concurrence in the amendments; and Messrs. ANDERSON and VARNUM were appointed the committee. THURSDAY, June 18. A message from the House of Representatives, by Messrs. MACON and FINDLEY, two of their members-Mr. MACON, chairman: Mr. President: The House of Representatives concur in the amendments of the Senate to the bill, entitled "An act declaring war between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their Territories." Mr. VARNUM, from the committee, reported that they had examined and found duly enrolled the bill last mentioned. A message from the House of Representatives, by Messrs. CRAWFORD and TURNER, the committee on the part of the House of Representatives for enrolled bills-Mr. CRAWFORD, chairman : Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, we are directed to bring it to the Senate for the signature of their President. The PRESIDENT signed the enrolled bill last YEAS-Messrs. Bayard, Dana, German, Giles, Gil-reported to have been examined, and it was deman, Goodrich, Gregg, Horsey, Hunter, Lambert,livered to the committee, to be laid before the President of the United States. Lloyd, Pope, Reed, and Worthington. NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Howell, Leib, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, and Var num. On motion, by Mr. HORSEY, that the Senate adjourn, it was determined in the negative yeas 14, nays 18, as follows: Mr. VARNUM reported, from the committee, that they, this day, laid before the President of the United States the enrolled bill last mentioned, and that the President of the United States informed the committee that he had, this day, approved and signed the same. On motion, by Mr. VARNUM, › Resolved, That the injunction of secrecy, in YEAS-Messrs. Bayard, Dana, German, Giles, Gil-relation to the confidential Message of the Presiman, Goodrich, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, and Smith of Maryland. NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington. On the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 19, nays 13, as follows: dent of the United States of the first instant, and also in relation to the private and confidential proceedings of the Senate since that date, be removed. [End of the confidential proceedings.] FRIDAY, June 19. The Senate resumed, as in Committee of the YEAS-Messrs. Anderson, Bibb, Brent, Campbell of Whole, the consideration of the bill, entitled "An Tennessee, Condit, Crawford, Cutts, Franklin, Gail-act authorizing the discharge of William Peck lard, Giles, Gregg, Leib, Robinson, Smith of Mary- from his imprisonment;" and, no amendment havland, Smith of New York, Tait, Taylor, Turner, and ing been proposed, the bill was ordered to a third Varnum. reading. NAYS Messrs. Bayard, Dana, German, Gilman, Goodrich, Horsey, Howell, Hunter, Lambert, Lloyd, Reed, and Worthington. So it was resolved that the bill do pass with amendments. On motion, the title was amended, to read as follows: An act declaring war between the United Kingdom of Great Britain and Ireland The bill, entitled "An act authorizing the issuing of Treasury notes," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. CAMPBELL of Tennessee, BAYARD, and SMITH of Maryland, were appointed the committee. Mr. BAYARD, from the committee to whom was referred the bill supplementary to an act, entitled "An act to authorize a detachment from the militia of the United States," reported it with an amendment. Mr. ANDERSON, from the committee to whom was referred the bill, entitled "An act supplementary to An act authorizing the President of the United States to raise certain companies of rangers for the protection of the frontier of the United States," reported it amended. . The amendments to the bill. entitled "An act to amend the laws within the District of Columbia, having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed, with amendments. The amendments to the bill, entitled "An act conferring certain powers on the Levy Court for the county of Washington, in the District of Columbia," having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed with amendments. On motion, by Mr. SMITH, of Maryland, Resolved, That the President of the United States be requested to lay before the Senate such information as he may possess respecting the hostile or friendly movements and intentions of the Indians towards the United States, subsequent to the battle of Tippecanoe. The bill for the relief of James Wilkinson, was resumed, as in Committee of the Whole; and Mr. VARNUM was requested to take the Chair; and, after debate, the Senate adjourned. SATURDAY, June 20. On motion by Mr. GREGG, the committee to whom was referred the petition of John Clark, was discharged from the further consideration thereof. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act supplementary to An act authorizing the President of the United States to raise certain companies of rangers for the protection of the frontier of the United States," together with the amendments reported thereto by the select com mittee; and, after debate, it was agreed that the further consideration thereof be postponed to Monday next. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act supplementary to the act, entitled An act to authorize a detachment from the militia of the United States," passed April 10, 1812, together with the amendments reported thereto by the select committee; and, after debate, on motion, by Mr. TAYLOR, that the further consideration thereof be postponed to the first Monday in October next, it was determined in the negative-yeas 10, nays 19, as follows: YEAS-Messrs. Anderson, Bayard, Bibb, Crawford, Horsey, Howell, Hunter, Smith of New York, Taylor, and Turner. JUNE, 1812 And having agreed to the reported amendment with amendments, the President reported the bill to the House accordingly. And, on the question, Shall this bill be read the third time as amended? it was determined io the affirmative. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act concerning invalid pensioners;" in which bill they request the concurrence of the Senate. The bill last brought up for concurrence was read, and passed to the second reading. The bill, entitled, "An act authorizing the discharge of William Peck from his imprisonment,” was read a third time, and passed. On motion, by Mr. GREGG, the committee to whom was referred, on the 6th of December last, the memorial of the President and Managers of the Union Canal Company of Pennsylvania; also, on the 24th, the memorial of Gouverneur Morris and others, were discharged. MONDAY, June 22. Mr. BRADLEY presented five memorials of the citizens of Vermont, deprecating a war with England, and praying the removal of the commercial restrictive system; and the memorials were read. hundred citizens of Cumberland county, in the Mr. GREGG presented fourteen memorials of six State of Pennsylvania, to the same purpose. Mr. LAMBERT presented the petition of a large number of citizens of the State of New Jersey, to the same purpose; which was read. The bill supplementary to the act, entitled "An act to authorize a detachment from the militia of the United States," passed April 10, 1812, having been reported by the committee correctly engrossed, was read a third time, and passed. Mr. LEIB submitted the following motion: "That a committee be appointed, to join a committee of the House of Representatives, if the House should think proper to appoint a committee, to examine and report what business is necessary to be done during the present session; at what time the two Houses ought to adjourn; and to what time Congress should stand adjourned." And the motion was read. The bill, entitled "An act concerning invalid pensioners," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. ANDERSON, Bradley, and FRANKLIN, were appointed the committee. Mr. GREGG, from the committee to whom was referred the bill, entitled "An act confirming grants to lands in the Mississippi Territory, derived from the British Government of West Florida, not subsequently regranted by the Government of Spain or the United States," reported it without amendment. Mr. WORTHINGTON, from the managers at the NAYS-Messrs. Bradley, Condit, Cutts, Dana, Frank-conference on the bill, entitled "An act to ascerlin, Gaillard, German, Gilman, Goodrich, Gregg, Lambert, Leib, Lloyd, Pope, Reed, Smith of Maryland, Tait, Varnum, and Worthington. tain and establish the western boundary of the tract reserved for satisfying the military bounties allowed to the officers and soldiers of the Virginia |