Glass. Book JLu>7 I 3^ : 13=5" / / AN EXPOSITION TilK CAUSES AND CHARACTER OF THE LATE WAR. ■ £ Attributed lo the pen of Mr. Secretary Dallas] WWW ft HATEVER may be the termination of the negotiations at^ftent, the despatches of the American commissioners, which have been com- municated by the President of the United States to the Congress-, during the present session, will distinctly unfold, to the attentive 1 and impartial of all nations, the objects and dispositions of the parties to the present war. The United States, relieved by the general pacification of the treaty of Paris, from (he danger of actual sufferance, under the evils which had compelled them to resort to arms, have avowed their readiness to resume the relations of p^ace and amity with Great Britain, upon the simple and single condition of preserving their territory and their sovereignty, entire and unimpaired. Their desire '.fp°ace, indeed, "upon terras of reciproc- ity, consistent with the rights of all parlies, as sovereign and independent nations,"* has not, at any time, been influenced by the provocations of an unprecedented course, of hostilities ; by the incitements of a successful campaign ; or by the agitations which have seemed again to threaten the tranquillity of Europe. But the British government, after inviting "a discussion with the gov- ernment of America, for the conciliatory adjustment of the differences sub- sisting between the two states, with an earnest desire on their part (as it was alledged) to bring them to a favorable issue, upon principles of a per- fect reciprocity, not inconsistent with the established maxims of public law, and with the maritime rights of the British empire ;"f and after ''expressly disclaiming any intention to acquire an increase of territory ,"| have per- emptorily demanded, as the price of peace, concessions calculated merely for their own aggrandizement, and for the humiliation of their adversary. At one time, they proposed as their sine qua won, a stipulation that the Indians inhabiting the country of the United States, within the limits established by the treaty of 17S3, should be included as the allies of Great Britain [a party to that treaty] in the projected pacification ; and that definite boundaries should be settled for the Indian territory, upon a basis, which would have operated to surrender, to a number of Indians, not, probably, exeedinga few thousands, the rights of sovereignty as well as of soil, over nearly one third of the territorial dominions of the United States, inhabited by more than one hundred thousand of their citizens. § And more recently, (withdrawing, in eftect, that proposition) they have * See Mr. Monroe's letter to Lord Castlcreagh, dated January, 1814 •j- See Lord Castlereagh's letter to Mr Monroe, dated the 4tli"of November, 1813. 4 See t!ie American despatch, dated the 12th of August, 1814. § ^ee the American despatches, dated Hie 16th and 10th of Angus', 1814; the note oft] British commissioners, dated the 19th of August, 1814 ; the note ot'the American commissioners, dated the 21st of August. i8l4 ; the note of the Hritisli commissioners, dated the 4th of Se itecaber, 1814 ; the note of the American commissioners, ot the 9th of September, 1814 ; the note of the British commissioners, dated the !9th of Septem- ber, 8 ' 4 ; tli" note of the American commissioners, dated the *26th of Septet- *r, 1 8 • 4 ; the note ol the British coimnissionefa^kted the 8th oi' October, 1S1 I; and the uoU of lite American commissionei 6, of !hs 1MI' f >(.!< 1> r, t8i*. llfat^iated * • 2 offered to trout on the liasis of the uti possidetis; when by the operations 1 oflhe war, they had obtained the military possession of an important parti of the siat.' of Massachusetts, whieh, it was knowu, couhl never be the Bubjeet ofaeession, consistently with the honor and faith of the American, government. 11 Thus it is obvious, that Great Britain, neither regarding "the principles of a perfect reciprocity," nor the rule of her owu practice and professions, lias indulged pretentions which could only lie heard in or- der to be rejected. The alternative, either vindictively to protract the war. or honorably to end it, has been fairly given to her option ; but she wants the magnanimity to decide, while her apprehensions are awakened] for the result of the eongress at Vienna, and her hopes are flattered, by the schemes of conquests in America. Tmkhf. are periods in the transactions of every country, as well as in the life of every individual, when self-examination becomes a duty of the highest moral obligation : when the government of a free people, driven from the path of peace, and baffled in every effort to regain it, may resort for consolation, to the conscious rectitude of its measures ; and, when an appeal to mankind, founded upon truth and justice, cannot fail to engage those sympathies, by which even nations are led to participate in the fame and fortunes of each other. The United States, under these impressions, are neither insensible to the advantages, nor to the duties of their pecu- liar situation. They have but recently, as it were, established their in- dependence ; and the volume of their national history lies open, at a "lance, to every eye. The policy of their government, therefore, what- ever it has been, in their foreign, as well as in their domestic relations, it is impossible to conceal ; and it must be difficult to mistake. If the assertion, that it has been a policy to preserve peace and amity with all the nations of the world he doubted, the proofs are at hand. If the assertion that it has been a policy to maintain the rights of the United States, but at the same time, to respect the rights of every other nation, be doubted, the proofs will be exhibited. If the assertion, that it has been a policy to act impartially towards the belligerent powers of Europe, he doubted, the proofs will be found on record, even in the archives of England and of France. And if, in line, the assertion, that it has been a policy, by all honorable means, to cultivate with Great Britain, those senjiments of mutual good will, which naturally belong to nations, con- nected by the ties of a common ancestry, an identity of language, and a similarity of manners, be doubted, the proofs will be found in that patient forbearance, under the pressure of accumulating wrongs, which marks I he period of almost thirty years, that elapsed between the peace of 178S and the rupture of 1S12. The United States had just recovered, under the auspices of their pres- ent constitution, from the debility which their revolutionary struggle had produced, when t he convulsive movements of France excited throughout the civilized world the mingled sensations of hope and fear: of admira- tion and alarm. The interest which those movements would, in them- drives, have excited, was incalculably increased, however, as soon as (ireal Britain became a party to the first memorable coalil ion against France, and assumed the character of a belligerent power; for, it was obvious, that the distance of the scene would no longer exempt the United States from the influence and the evils of the European conflict. On the one hand, their government was connected with France, by treaties of al- liance and commerce: and the services which that nation had rendered to the cause of American independence, had made such impressions upon the public mind, as no virtuous statesman could rigidly condemn, and the Sl4 ; aud •f 3 -most rigorous statesman would havesought in vain to efface. On the oth- er hand, Greal Britain, leaving the treaty of 1783 unexecuted, forcibly retained the American posts upon the northern frontier; and slighting everv overture to place the diplomatic and commercial relations of the ■two countries, upon a fair and friendly foundation,* seemed to contem- plate the success of the American revolution, in a spirit of uuextinguisha- ble animosity. Her voice had, indeed, been heard From Quebec and Mon- treal, instigating the savages to war'.f Her invisible arm was felt in the defeat of Gen. Harmar,^ and Gen. St. Clair,§ and even the victory of Gen. Wayne,|| was achieved in the presence of a fort which she had erected, far within the territorial boundaries of the United States, to stim- ulate and countenance the barbarities of the Indian warrior.*} Yet, the American government, neither yielding to popular feeling, mor acting upon the impulse of national resentment, hastened to adopt the policy of a strict and steady neutrality; and solemnly announced that policy to the citizens at home, and to the nations abroad, by the procla- mation of the 22d of April, 1793. Whatever may have been the trials of its pride, and of its fortitude ; whatever may have been the imputations upon its fidelity and its honor, it will be demonstrated in the sequel, that the American government, throughout the European contest, and amidst all the changes of the objects, and the parties, that have been involved in that contest, has inflexibly adhered to the principles which were thus, authoritatively, established, to regulate the conduct of the United States. It was reasonable to expect that a proclamation of neutrality, issued under the circumstances which have been described, would command the -confidence and respect of Great Britain, however offensive it might prove to France, as contravening, essentially, the exposition which she was anx- ious to bestow upon the treaties of commerce and alliance. Rut experience has shown, that the confidence and respect of G. Britain are not to be ac- quired by such acts of impartiality and independence. Under every admin- istration of the American government, the experiment has been made, and the experiment has been equally unsuccessful : for it was not more effectu- ally ascertained in 1812, than at antecedent periods, that an exemption from the maritime usurpation and the commercial monopoly of G. Britain, could only be obtained upon the condition of becoming an associate in her enmi- ties' and her wars. While the proclamation of neutrality was still in the view of the British minister, an order of June 8, 1793, issued from the cabi- net, by virtue of which " all vessels loaded wholly, or in part, with corn, flour, or meal, bound to any port in France, or any port occupied by the armies of France," were required to be carried, forcibly, into England; and the cargoes were either to be sold there, or security was to be given, that they should only be sold in the ports of a country, in amity with his Britannic Majesty.** The moral character of an avowed design to inflict famine upon the whole of the French people, was, at that time, properly estimated throughout the civilized world ; and so glaring an infraction of neutral rights, as the British order was calculated to produce, did not es- cape the severities of diplomatic animadversion and remonstrance. But this aggression was soon followed by another of a more hostile cast. In the war of 1756, Great Britain had endeavored to establish the rule, that neutral nations were not entitled to enjoy the benefits of a trade with the * See Mr. Adams' correspondence. {■ See the speeches of Lord Dorchester. * On the waters of the Miami of the lake, on the 21st of October, 1790. § At Fort Recovery, on the 4th of November, 1791. II On the Miami of the lakes, in August, 1794. «I See the correspondence between Mr Randolph, the American secretary ot state, and Mr. Hammond, the British plenipotentiary, dated Mpy and June, 1794. "* See the order in council of the 8th of June, 1793, and the remonstrance of the American government. \ t'(t!onies of a belligerent power. Prom which, in Ihe season of peace, lliey were excluded by the parent state. The rule stands without positive sun- port from any general authority <>n public l;\w. If it be true, thai some treaties contain stipulations, by which Ihe parlies expressly exclude each ot ber from ihe commerce or tin ir respective colonies : and if be true, that the ordinances of a particular state, often provide for ihe exclusive en- juyment of its colonial commerce; still Great Britain cannot be author- ized to dcihice the rule of th ■ v ar of 1756, by implication, from such trea- ties and sucli ordinances, while it is not true, that the rule forms a part. of the law of nations; nor that it has been adopted bj any other govern- ment : nor that even Great Britain herself has uniformly practised upon the rule : since its appli -ation Mas unknown from the war of 1750, until the French war <»!' 1792, iai inning the entire period of the American Mar. Let it up, argumentative!}', allowed, however, thai Great Britain possess- ed the right, as well a* the power, to revive and enforce the rule; yet, the lime and the manner of exercising the power, would afford ample cause for reproach. The citizens of the United States had openly en- gaged in an extensive trade with the French islands in the West-Indies, ignorant of the alledged existence of the rule of the war of 1756, or un- apprised of any intention to call it into action, when the order of the 6th of November, 1793, was silently circulated among the British cruisers, consigning to legal adjudication, w all vessels loaden with goods, the pro- duce of any colony of France, or carrying provisions or supplies, for the use of any such colony."'* A great portion of the commerce of the United Slates Mas thns annihilated at a blow; the amicable dispositions of the government were again disregarded and contemned; the sensibility of the nation was excited to a high degree of resentment by the apparent trea- chery of the British order : and a recourse to reprisals, or to war, for in- demnity and redress, seemed to be unavoidable. But the love of justice h; d established the law of neutrality ; and the love of peace taught a lesson of forbearance. The American government, therefore, rising superior to the provocations and tlie passions of the day, instituted a spe- cial mission, t» represent at the court of London, the injuries and indig- nities which it had suffered : "to vindicate its rights with firmness, ami to cultivate peace with sincerity."! The immediate-result of tins mis- sion, w;:^ a ti ealy of amity, commerce, and navigation between the United States and Great Britain, which whs signed by the negoeiators on the 19th ol .November, i794, and, finally ratified. Mill: the consent of the Senate, in the year t' 95 : But both the mission and its result, serve, also, to dis- play the independence and the impartiality of the American government, in asserting its rights and performing its duties equally unawed and un- biassed i>\ the instruments ol belligerent power or persuasion. On the foundation of this treaty the United States, in a pure spirit of good \iiiL and confidence, raised' the hope and the expectation, that the marl me usurpations of Great Britain wonld cease to annoy them ; that all doubtful claims of jurisdiction would be suspended : and that even the exercise of an incontestible right would.be so modified to as to present neither insult, por outrage, nor inconvenience, to their flag, or to their com- merce. Bui the hnpeand Ihe expectation of the United States have been fat all} disappointed. Some relaxation in Ihe vigor, without any altera- tion in the principle, of Ihe order in council of the 6th of November, 1798, M;| * introdi I by the subseqm nl orders of the Sth of January, i79-t, and the 20th of Jam i he ratification of tho treaty of 4794, " Ml1 ' the •' rded by 'he treaty of Amiens, in 1802, thecom- ni ' , '' '" Led Kates continued to be the prey of British cruisers and privateers, und ; the adjudicating patronage of the British tribunals. s "' '■ ''■ ' ■ ■ 6ili of Nov rober, 1793. -• ib tin Rcnnti of the 1 6ih of April, 1794, nominating M?. •ay ;i S < p\i j cxtm< idinnrj tu !. 6 Another grievance, however, assumed at this epoch, a farm and magni- tude, which cast a shade over tiie social happiness, as well as the politi- cal independence of the nation. The merchant vessels of the United States were arrested on the high sens, while in the prosecution of dis- tant voyages : considerable numbers of their crews were impressed into the naval service of Great Britain ; llie commercial adventures of the owners were often, consequently, defeated : and the loss of property, the embarassments of trade and navigation, and the scene of domestic afflic- tion became intolerable. This grievance (which constitutes an import nut surviving cause of the American declaration of war) was early, and lias heeti incessently, urged upon the attention of the British government. Even in the year 1792, they were told of "the irritation that it had ex- cited ; and of the difficulty of avoiding to make immediate reprisals on their seamen in the United* States."* „ They were told "that so many in- stances of the kind had happened, that it was quite necessary that they should explain themselves on the subject, and be led to disavow and pun- ish such violence, which had never been experienced from any other na- tion."! And they were told "of the inconvenience of such couduct, and of the impossibility of letting it go nn, so that the British, ministry should he made sensible of the necessity of punishing the past, and preventing the future."| But after the treaty of amity, commerce and navigation, had been ratified, the nature and extent of the grievance became stili more manifest ; and it was clearly and firmly presented to the view of the British government, as leading unavoidably to discord and war between the two nations. They were told, "that unless they would come to some accommodation which might ensure the American seamen against this oppression, measures would be taken to cause the inconvenience lo be equally felt on both sides. "§ They were told, "that the impressment of American citizens, to serve on board of British armed vessels, was not only an injury to the unfortunate individuals, but it naturally excited cer- tain emotions in the breasts of the nation to whom they belonged, and of the just and humane of every country : and that an expectation was indulged that orders would be given, that the Americans so circumstanced should be immediately liberated, and that the British officers should in future abstain from similar violences. "|] They were told, "that the subject was of much greater importance than had been supposed: and that instead of a few, and those in many instances equivocal cases, t lie American min- ister at the court of London had, in nine months [part of the years 1796 and 17 1 J7] made applications for the discharge of two hundred and seven- ty-one seamen, who had in most cases, exhibited such evidence, as to satisfy him that they were real Americans, forced into the British service, and persevering generally, in refusing pay and bounty. ''If They were told, "that if the British government had any regard to the rights of the United States, any respect for the nation, and placed any value on their friend- ship, it would faciliate the means of relieving their oppressed citizens."** They were told that "the British naval officers often impressed Swedes, Danes, and other foreigners, from the vessels of the United States ; that they might with as much reason, rob American vessels of the property or * See the letter of Mr. Jefferson, secretary of stale, to Mr. Pinckney, minister at London, riaterl 11th of June, 1792. ■j" See the letter of Mr. J efterson, secretary of state, to Mr. Pinckney, minister at London, dated the J 2th of October, 1792. i See the letter from the sume to the same, d: ted the Glh of Ts'ov. 1792. § See the letter from Mr. 1 inckney, minister at London, to the secretary of state, da- ted 13th March, 1793. Ji See the note of Mr. Jay, envoy extraordinary, to lord Grenville, dated the 30th July. 1794. *[ See the letter of Mr. King, minister a* London, to the secretary of state, dated the 13th ; namely; " that it did not sufficiently provide against the impressment of American seamen ;"|| and " that it is better to have no article, and to meet the consequences, than not to enu- merate merchant vessels on the high seas, among the things not to be forcibly entered in search of deserters. "if But the British claim, expand- * Sec llie letter from tlie same to Hie same, dated the 26th of October. 1796. j ^<-<- tlie letter from Mr Marshal, bi oretary of state [now obief justice of the United lo Mi- King, mi ister at London, dated the 20th September, 1800. -.. particularly, Mr. King's propositions to iord GrenviHe, and lord Hawkesbnry, ol thelSlli nl \|»-.i. tror, thcl5tbof March, 1799, the 25th of Feb 1801, and July 1 S 1 :>. § Sec Vi. Listou's note to Mr Pickering, the secretary of state, dated the 4th of Fel y, I ■ I Srr [he opinion of Mr. Pickering, secretary of s'ate, enclosing a plan of a treaty, rtiited the 3d ol Ma) 1 80t), and the opinion of Mr. Wolcott, secretary of the treasury, dated the 1 kth of Ipril, 1800 * See the opinion ol Mr. Stoddert, secretary of the navy dated the 23d of April, and flic opinion of Mr. Lee, attorney general, dated the2Gth of February, and tin SOihof \\ i-il, 1800, sng with singular elasticity, was soon found to include a right to enter American vessels on the high seas, in order to st --arch for, and seize all British seamen ; it next embraced the case of every British subject : and finally, in its practical enforcement, it has been extended to every mariner, who could not prove upon the spot, that he was a citizen of the United ►States. "While ^he nature of the British claim was thus ambiguous and fluctu- ating, the principle to which it was referred, for justification and support, appeared to be, at once, arbitrary and illusory. It was not recorded in any positive code of the law of nations ; il was not displayed in the ele- mentary works of the civilian ; nor had it ever been exemplified in the maritime usages of any other country, in any other age. In truth, it was the offspring of the municipal law of Great Britain alone ; equally operative in a time of peace, and in a time of war ; and under all circum- stances, inflicting a coersive jurisdiction, upon the commerce and naviga- tion of the world. For the legitimate rights of the belligerent powers, the United States had felt and evinced a sincere and open respect. Although they had market! a diversity of doctrine among the most celebrated jurists, upon many of the litigated points of the law of war: although they had formerly espoused, with the example of the most powerful government of Europe, the prin- ciples of the armed neutrality, which were established in the year 1780, Upon the basis of the memorable declaration of the empress of all the Russias; and although the principles of that declaration have been in- corporated into all their public treaties, except in the instance of the trea- ty of 1~94< : yet, the United States, still faithful to the pacific and impar- tial policy which they professed, did not hesitate, even at the commence- ment of the French revolutionary war, to accept and allow the exposition of the law of nations as it was then maintained by Great Britain ; and. consequently, to admit, upon a much contested point, that the property of her enemy, in their vessels, might be lawfully captured as prize of war.* It was, also, freely admitted, that a belligerent power had a right, with proper cautions, to enter and search American vessels, for the goods of an enemy, and for articles contraband of war ; that, if upon a search such goods or articles were found, or if, in the course of the search, persons in the military service of the enemy were discovered, a belligerent had a right of transhipment and removal ; that a belligerent had a right, in doubtful cases, to carry American vessels to a convenient station, for further examination ; and that a belligerent had a right to exclude Ameri- can vessels from ports and places, under the blockade of an adequate nuval force. These rights the law of nations might reasonably, be deem- ed to sanction ; nor has a fair exercise of the powers necessary for the enjoyment of these rights, been, at any time, controverted, or opposed, by the American government. But, it must he again remarked, that the claim of Great Britain was not to be satisfied by the most ample and explicit recognition of t lie law of war, for the law of war treats only of the relations of a belligerent to his enemy, while the claim of Great Britain embraced, also, the relations between a sovereign and his subjects. It was said, that every British subject was bound by a tie of allesiance to his sovereign, which no lapse of time, no change of place, no exigency of life, could possibly weaken, or dissolve. It was said, that the British sovereign was entitled at oil peri- ods, and on all occasions, to the services of his subjects. And it was said, that the British vessels of war on the high seas, might lawfully and forci- bly entei the merchant vessels of every other nation (for the theory of these pretensions is not limited to the case of the United States, although Seethe orrespond. nee o' the year 1792, between Mr Jefferson, secretary of state, and the ministers of Great Britain and France. See also Mr J ffcrson'a letter to the American minister at Paris, of the same year, requesting the recall of Mr. Genet. 3 that case has been, almost exclusively, affected by their practical opera- tion) for the purpose of discovering and impressing British subjects.* The United States presume not to discuss the forms, or the principles, of the governments established in other countries. Enjoying the right and the blessing of self government, they leave, implicitly, to every foreign nation, the choice of its social and political institutions. But, whatever may be the form, or the principle, of government, it is an universal axiom of public law, among sovereign and independent states, that every nation is bound so to use and enjoy its own rights, as not to injure, or destroy, the rights of any other nation. Say then, that the tie of allegiance cannot be severed, or relaxed, as respects the .sovereign and the subject ; and say, that the sovereign is, at all times, entitled to the services of the subject: still, there is nothing gained in support of the British claim, unless it can, also, be said, that the British sovereign has a right to seek and seize his subject, while actually within the dominion, or under the special protec- tion, of another sovereign state. Fins will not, surely, be denominated a process of the law of nations, for the purpose of enforcing the rights of war ; and if it shall be tolerated as a process of the municipal law of Great Britain, for tiie purpose of en- torcing the riqht of the sovereign to the service of his subjects, there is no principle of discrimination, which can prevent its being employed in peace, or in war. with all the attendant abuses of force and fraud, to justify the seizure of British subjects for crimes, or for debts; and the seizure of British property, for any cause that shall be arbitrarily assigned. The introduction of these degrading novelties, into the m art ime code of nations, it has been the arduous task of the American government, in the onset, to oppose ; and it rests with all other governments to decide, how far their honor and their interests must be eventually implicated, by a tacit acqui- escence, in the successive usurpations of the British flag If the right claimed by Great Britain be, indeed, common to all governments, the ocean will exhibit, in addition to its many other perils, a scene of ever- lasting sti ife and contention : but w hat other government has ever claimed or exercised the right ? If the ri^ht shall be exclusively established as a trophy of the naval superiority of Great Britain, the ocean, which has been sometimes emphatically denominated, "the highway of nations/' will be identified, in occupancy and use, with the dominions of the Brit- ish crown; and every other nation must enjoy the liberty of passage, upon the payment of a tribute or the indulgence of a license: but what nation is prepared for this sacrifice of its honor and its interests ? And if. after all, the right be now asserted (as experience too plainly indicates) for the purpose of imposing upon the United States, to accommodate the British maritime policy, a new and odious limitation of the sovereignty and inde- pendence, which were acquired by the glorious revolution of (775, it is not for the American government to calculate the duration of a war, that shall be waged, in resistance of the active attempts of Great Britain, to accomplish her project : for, where is the American citizen who would tolerate a day's suhin ission to the vassalage of such a condition ? lit i the American government has seen, with some surpri^j, the gloss, which the Prince Regent of Great Britain, in his declaration of the toth of January 1813, has condescended to bestow upon the British claim of a ri^ht to impress men, on board of the merchant vessels of other nations; and tin- retort, which he has ventured to make upon the conduct of the United Slates, relative to the controverted doctrines of expatriation. Tiie American lm\i •!•;• -at. like every other civilized government, avows the principle am! indulges Jie practice of naturalizing foreigners. In Great Britain, and throughout the continent of Europe, the laws and regulations upon the subject, are not materially dissimilar, when compared with the * S(.c tliu Ui itijli declaration of the lOlh of January, 1813. laws and regulations of the United States. The effect, however, of such naturalization, upon the connexion, which previously subsisted between the naturalized person, and the government of the country of his birth, has been differently considered, at different times, and in different places. Still, there are many respects, in which a diversity of opinion does not exist, and cannot arise, it is agreed, on all hands, than an act of natur- alization is not a violation of the law of nations ; and that, in particular it is not in itself au offence agajnst the government, whose subjeel is nat- uralized. It is agreed, that an act of naturalization creates between the parties the reciprocal obligations of allegiance and protection. It is agreed, that while a naturalized citizen continues within the territory and jurisdiction of his adoptive government, he cannot be pursued, or seized, or restrained, by his former sovereign. It is agreed, that a naturalized citizen, whatever may be thought of the claims of the sovereign of his native country, cannot lawfully he withdrawn from the obligations of his contract of naturalization, by the force or the seduction of a third power. And it is agreed, that no sovereign can lawfully interfere, to take from the service, or the employment of another sovereign, persons who are not the subjects of either of the sovereigns engaged in the transaction. Beyond the principles of these accorded propositions, what have the United States done to justify the imputation of '"harboring British seamen, and of exer- cizing an assumed right, to transfer the allegiance of British subjects ?'** The United States have, indeed, insisted upon the right of navigating the ocean in peace and safety, protecting all that is covered by their flag, as on a place of equal and common jurisdiction to all nations; save where the law of war interposes the exceptions of visitation, search and capture : but, in doing this, they have done no wrong. The United States, in per- fect consistency, it is believed, with the practice of all belligerent nations, not even excepting Great Britain herself, have, indeed, announced a de- termination, since the declaration of hostilities, to afford protection, as well to the naturalized, as to the native citizen, who, giving the strongest proofs of fidelity, should be taken in arms by the enemy ; and the British cabinet well know that this determination could have no influence upon those councils of their sovereign, which preceded and produced the war. It was not, then, to "harbor British seamen,"' nor to "transfer the alle- giance of British subjects;" nor to "cancel the jurisdiction of their legit- imate sovereign;" nor to vindicate "the pretension that acts of naturali- zation, and certificates of citizenship, were as valid out of their own territory as within it ;"f that the United States have asserted the honor and the privilege of their flag, by the force of reason and of arms. But it was to resist a systematic scheme of maritime aggrandizement, which prescribing to every other nation the limits of a territorial boundary, claimed for Great Britain the exclusive dominion of the seas; and which, spurning the settled principles of the law of war, condemned the ships and mariners of the United States, to suffer, upon the high seas, and virtually within the jurisdiction of their flag, the most rigorous dispensations of the British municipal code, inflicted by the coarse and licentious hand of a British press-gang. / Thb injustice of the British claim and the cruelty of the British prac- tice, have tested, for a series of years, the pride and the patience of the American government ; but, still, every experiment was anxiously made, to avoid the last resort of nations. The claim of Great Britain, in its theory, was limited to the right of seeking and impressing its own subjects, on board of the merchant vessels of the United States, although in fatal experience, it has been extended (as already appears) to the seizure of the subjects of every other power, sailing under a voluntary contract with * See the British declaration of the 10th January, 1813. t See these passages in the British declaration of the lQth of January, 1813. 2 iO the \merican merchants to the seizure of < lie naturalized citizens of tlw* ! oil ''I States, sailing, also, under voluntary Contracts, which every for- eign r. independent of any set of naturalization, is al liberty to form in every country : and even to the seizure of the native citizens of the Unit- ed Statesi Bailing on board the ships of their own nation, in the prosecu- tion of a lawful commerce. The excuse for what has been unfeelingly termed, ''partial mistakes, and occasional abuse,''* when the right of impressment was practised towards vessels of the United States, is, in the words of the Prince Regent's declaration, "a similarity of language and manners;" but, was it not known, when this excuse was* offered to the world, that the Russian, the Swede, the Dane, and the German : that the Frenchman, the Spaniard, and the Portuguese; nay, that the African and the Asiatic ; between whom and the people of Great Britain there exists no similarity of language, manners or complexion; had been, equally with the American citizen and the British subject, the victims of the impress tyranny rf If, however, the excuse he sincere, if the real objeet of the impressment be merely to secure to Great Britain, t lie naval sen ices of her own subjects, and not to man her fleets, in every practica- ble mode of enlistment, by right, or by wrong; and if a just and generous government, professing mutual friendship and respect, may be presumed t seamen belonging to the other party.** And. conclusively, it hay been offered and declared by law, that "after the termination of the present war, it should not be lawful to employ on board of any of the public or private vessels of the- United States, any persons except citizens of ths United States : and that no foreigner should be admitted to become a citi- zen hereafter, who had not for the continued term of five years, resided * See the British declaration ofilie 10th of January, 1813. ibe letter of Mr Pickering, secretary of state, to Mr. Kins;, minister at London. of the 26th of Oct iber, 1796; and the letter of Mr. Marshall, secretary of state, to Mr. King, of the 20th September, 1800 the let i T nt Mr .leffcr son, Secret" ry of State, to Mr Pinckney, minister at London, dated the llthofJtme, 1792, and the letter of Mr Pickering, Secretary of state to Mr. King, minister al London, tinted the 8ih of June, 17 f j6. See i te %.oi ol Congress, passed the 'ZHiU of May. 17<»6 ■ the letter of Mr. Pickering, Secretary of State to Mr. King, minister at Lon- don, dated the Hth of June, 1796 1 See Ibi project oi a treaty on the Bubject, between Mr Pickering, secretary of state? !r. Listen, the British minister at Philadelphia, in the year 1SOO. ' •■• tin letter ol Mr. King, minister at L mdon, to the secretary of state, dated the > . ol March, 1799 ' " >a rlie letter of Mr. King, to the teeretaty of state, dated in July, 1803. 11 within the United States, without being, at any time, during the five years, nut of the territory of the United States."* It is manifest then, that such provision might he made by law; and that such provision has ween repeatedly and urgently proposed ; as would, in all future times, exclude from the maritime service of the United States both in public and in private vessels, every person who could possibly be claimed by Ureal Britain, as a native subject, whether he had, or had not been naturalized in America. f Enforced by the same sanctions ami se- curities, which are employed to enforce the penal code of Great Britain, as well as the penal code of the United States, the provision \»onld aftord the strongest evidence, that no British subject could he found in service on board of an American vessel ; and, consequently, whatever might he the British ri^ht of impressment, in the abstract, there would remain no justifiable motive, there could hardly be invented a plausible pretext, to exercise it, at the expense of the American right of lawful commerce. If, too, as it has sometimes been insinuated, there would, nevertheless, be room for frauds and evasions, it is Sufficient to observe, that the Ameri- can government would always be ready to hwir. and to redress, every just complaint: or, if redress were sought and refused, (a preliminary course^ that ought never to have been omitted, but which Great Britain has never 1 pursued.) it would still be in the power of the British government to resort to its own force, by acts equivalent to war, for the reparation of its wrongs. But Great Britain has, unhappily, perce ; ved in the acceptance of the overtures of the American government, consequences injurious to her maritime policy; and, therefore, withholds it, at the expense of her justice. She perceives, perhaps, a loss of the American nursery for her seamen, while she is at peace ; a loss of the service of American crews, while she is at war ; and a loss of many of those opportunities, which have enabled her to enrich her navy, by the spoils of the American com- merce, without exposing her own commerce to the risk of retaliation or reprisals. Thus, were the United States, in a season of reputed pease, involved in the evils of a state of war ; and thus was the American flag annoyed by a nation still professing to cherish the sentiments of mutual friendship and respect, which had been recently vouched, by the faith of a solemn treaty. But (he American government even yet abstained from vindicat- ing its rights, and from avenging its wrongs, by an appeal to arms. It. was not an insensibility to those wrongs ; nor a dread of British power; nor a subserviency to British interests, that prevailed, at that period, in the councils of the United States ; but, under all trials, the American government abstained from the appeal to arms then as it has, repeatedly since done, in its -oollisions with France, as well as with Great Britain, from the purest love of peace, while peace could be rendered compatible with the honor and independence of the nation. During the period, which has hitherto been more particularly contem- plated (from the declaration of hostilities between Great Britain and France in the year 1792, until the short-lived pacification. ot the treaty of Amiens in 1802) there were not wanting occasions, to test the consistency and the impartiality of the American government, by a comparison of its conduct towards Great Britain, with its conduct towards other nations. The manifestations of the extreme jealousy of the French government, and of the intemperate zeal of its ministers near the United States, were co-eval with the proclamation of neutrality ; but after the ratification of the treaty of London, the scene of violence, spoliation, and coutumely, * See the /Vet of Congress, passed on the 3<1 of March, 1813. f See the letter of instructions from Mr Monroe, secretary of state, to the plenipoten- tiaries for treating of peace with Great Britain, under the mediation of the emperov- Alexander, dated the 15th of April, 1813. 18 opened by Fiance, nj)f»n the United Slates, became such, as to adir.it, perhaps, of no parallel, except in the cotemporaneons scenes which were exhibited bj the injustice of her great competitor. The American gov* erum ■ eases, on the same pacitie policy; in the same sjHiii . ) iati< ne and forbearance ; but with the same determination, also lej sndence of the nation. When, therefore, even eoncili itor; 1 mm baa failed, and when two successive missions of peace hud been item i usly repulsed, tne American government, in the year i?ii . annulled its treaties with France, and waged a maritime v ir a inst that nation, for the defence of its citizens, and of its com- merce, passing on the hi ;li seas, '">ut as soon as the hope was conceived, ot'a satisfactory change in the dispositions of the French government, the American government i astened t.i send another mission 10 France; and a convention, signed in the year 1800, terminated the subsisting differences between the tw a countries. Nob were the United States able, during the same period, to avoid a collision with the government of Spain, upon many important and crit- ical questions of boundary and commerce; of Indian warfare, and mari- time spoliation. Preserving, however, their system of moderation, in the assertion of their rights, a course of amicable discussion and explanation produced mutual satisfaction; and a treaty of friendship, limits and nav- igation, was formed in the year 1795, by which the citizens of the United States acquired a lii^ht, for the space of three years, to deposite their men'. at. discs and effects in the port of New Orleans; with a promise, either thai the enjoyment of that right should be indefinitely coutinued, or ;!ior pari of the banks of the Mississippi should be assigned for an equivalent establishment* But, when, in the year 1802, the port of New Orleans was abruptly closed against the citizens of the United States, without an assignment of any other equivalent [dace of deposite, the har- mony of the two countries was again most seriously endangered ; until the Spanish government, yielding to the remonstrances of the United States, disavowed the act of the intendant of New Orleans, and ordered the right of deposite io be reinstated, on the terms of the treaty of 1795. '. he effects produce,!, even by a temporary suspension of the right of deposite at New Orleans,' upon the interests and feelings of the nation, natttrall] suggested to the American government, the expediency of guard- ing against their recurrence, by the acquisition of a permanent property in the province of Louisiana. The minister of the United States at Madrid, »a*, accordingly instructed to apply to the government of Spain upon the subject; and. on the 4th of May, 1803, he received an answer, stating, that "by the retrocession made to France of Lonsisiana, that power regained the province, with the limits it had, saving the rights ac- quired by other powers; and that the United States could address them- selves to the French government, to negotiate the acquisition of territo- ries, which might suit 1 !»••• r interest."* But before this reference, official information of the same fuel had been received by Mr. Pinkney from the court of Spain, in the month of March preceding, and the American government, having instituted a special mission to negociate the purchase of Louisiana from France, or from Spain, whichever should he its sove- reign, the purchase was, accordingly, accomplished, for a valuable con- sideration, filial was punctually paid) by the treaty concluded at Paris, on the 80th of April. 1808. The American government has not seen, without some sensibility, that a transaction, accompanied by such circumstances of genera! publicity, and of scrupulous good faith, has been denounced by the Prince Regent, from Don Pedro Ovallos, the minister of Spain, to Mr. C. finkney, lerof the United States, dated the 4th of Muy, 1803, from whioh the passage literally translated, id ill his declaration of the loth of January, lb 13, ns a proof of the "nngen- erous conduct*' of the United States towards Spain.* in amplification of the royal charge, the British negotiators at Client, have presumed to impute ''the acquisition of Louisiana, by the United States, to a spirit of aggrandizement, not necessary to their ow n security j" and to maintain '•that the purchase was made against the known conditions, on which it had been ceded by Spain to France ;"t that "in the lace of the protestation of the minister of his catholic majesty at Washington, the President of the United States ratified the treaty of purchase ;"{ and that "there was good reason to believe, that many circumstances attending the transaction were industriously concealed. "§ The American government cannot con- descend to retort aspersions so unjust, in language so opprobrious; and peremptorily rejects the pretension of Great Britain, to interfere in the business of the United States and Spain : but it owes, nevertheless, to the claims of truth, a distinct statement of the facts which have been thus misrepresented, When the special mission was appointed to negotiate the purchase of Louisiana from France, in the manner already mentioned, the American minister, at London, was instructed to explain the objeet of the mission ; and having made the explanation, he was assured by the British government, "that the communication was received in good part; no doubt was suggested of the right of the United States to pursue, separ- ately and alone, the objects they aimed at; but the British government appeared to be satisfied with the President's views, on this important subject.'! As soon, too, as the treaty of purchase was concluded, before hostilities were again actually commenced between Great Britain and France, and previously, indeed, to the departure of the French ambassa- dor from London, the American minister openly notified to the British government, that a treaty bad been signed, "by which the complete sove- reignty of the town and territory of New Orleans, as well as of ail Louis- iana, as the same was heretofore possessed by Spain, had been actpiired by the United States of America ; and that in drawing up tiie treaty, care had been taken so to frame the same, as not to infringe any right of Great Britain, in the navigation of the river Mississippi."^ In the answer of the British government, it was explicitly declared by lord Hawkesbury, "that he had received his majesty's commands to express tiie pleasure with which his majesty had received the intelligence ; and to add, that his majesty regarded the care, which had been taken so to frame the treaty as not to infringe any right of Great Britain in the navigation of the Missis- sippi, as the most satisfactory evidence of a disposition on the part of the government of the United States, correspondent with that which his maj- esty entertained, to promote and improve that harmony, which so happily subsisted between the two countries, and which was so conducive to their mutual benefit."** The world will judge, whether, under such circum- stances, the British government had any cause, on its own account, to arraign the conduct of the United States, in making the purchase of Lou- isiana ; and, certainly, no greater cause w ill be found for the arraignment on account of Spain. The Spanish government was apprised of the in- tention of the United States to negotiate for the purchase of that province : its ambassador witnessed the progress of the negociation at Paris: and the conclusion of the treaty, on the 30th of April. 1803, was promptly known and understood at Madrid. Yet, the Spanish government inter- * See the Prince Regent's declaration of the 10th of January, 1813. •J" See the note of the British commissioners, dated the 4th rinrr regent's declaration of tl>e 10th of January, 1813. Seu the notes ei the British eomisission.er.Sj dated 19th September, Htii Oeiober, 181 V. IP signed to occupy the Florida)!, (aojtl she has, indeed, at-liially occupied Pensacola, for hostile purposes,) the American government, without de- parting from its respect for the rights of .Spain, and even consulting I lie honor of that state, unequal, as she Uien uas, to the task of suppressing the intrusive establishment, was impelled by the paramount principle of self-preservation, to rescue its own rights from the impending, danger. Hence, the United States in the year 1810, proceeding, step by step ac- cording to the growing exigencies of the time, took possession of the country, in which the standard of independence had been displayed, ex- cepting such places as were held by a .Spanish force, hi the year 1811, they authorized their president, by law, provisionally t of November, 1806. |- S,c Mr Cunning's teller to the American envoys, dated 27th October, 180Z Sic ilio same letter. 19 adopting such measures, as might seem necessary, for counteracting the designs of the enemy."* The reservation of power, to invalidate a solemn treaty at the pleas- ure of one of the parties, and the menace of inflicting punishment upon the United States, for the offences of another nation, pioved, in the event, a prelude to the scenes of violence, which (ireat Britain was then about to display, and which it would have been improper for the Ameri- can negotiators to anticipate. For, if a commentary were wanting to explain the real design of such conduct, it would be found in the fact, that within eight days from the date of the treaty, and before it was possible for the British government to have known the effect of the Berlin decree on the American government; nay, even before the American government had itself heard of that deree. the destruction of American commerce was commenced by the order in council of the 7th of January, i807, which announced, wk that no vessel should be permitted to trade from one port to another, both which ports should belong to, or to be in possession of France, or her allies : or should be so far under their control, as that British vessels might not trade freely thereat.!" During the whole period of tiiis negociation, which did not finally close, Mntil the British government declared, in the month of October, 1S07, that negociation was no longer admissible, the course pursued by the British squadron, stationed more immediately on the American coast, was, in the extreme, vexatious, predatory and hostile. The territorial juris- diction of the United States, extending, upon the principles of the law of nations, at least a league over the adjacent ocean, was totally disre- garded and contemned. Vessels employed in the coasting trade, or in the business of the pilot and the fisherman, were objects of incessant violence ; their petty cargoes were plundered; and some of their scanty erews were often, either impressed, or wounded, or killed, by the force of British frigates. British ships of war hovered, in warlike display, upon the coast; blockaded the ports of the U. States, so that no vessel could enter, or depart, in safety ; ' penetrated the bays and rivers, and even anchored in the harbors, of the United States, to exercise a jurisdiction of impressment; threatened the towns and villages with conflagra- tion, and wantonly discharged musketry, as well as cannon, upon the inhabitants of an open and unprotected country. The neutrality of the American territory was violated on every occasion ; and, at last, the American government was doomed to suffer the greatest indignity, which could be offered to a sovereign and independent nation, in the ever memorable attack of a British fifty gun ship, under the countenance of the British squadron, anchored within the waters of the United States, upon the frigate Chesapeake, peaceably prosecuting a distant voyage. The British government affected, from time to time, to disapprove and eondemn these outrages ; but the officers who perpetrated them, were generally applauded ; if tried, they were acquitted ; if removed from the American station, it was only to be promoted in another station ; and if atonement were offered, as in the flagrant instance of the frigate Ches- apeake, the atonement was so ungracious in the manner and so tardy in the result, as to betray the want of that conciliatory spirit, which ought io have characterized it.| Bur the American government, soothing the exasperated spirit of the * See the note of the British commissioners, dated the 31st of December, 1806. See, also, the answer o' Messrs. Monroe and Pinkney, to that note. f See he order in council of J nuary 7, 1807. i See the evi lence of these facts reported to congr.ss in November, 1806_ See the documents respecting captain Love, of the Driver ; and captain Whitby, of the u"ander. . See, *!so, the correspondence respecting the frigate Chesapeake, with Mr. Can- ning, at London ; with Mr. Rose, at Washington ; and with Mr. Erskine, at Washington. SO people, by a proclamation, which interdicted the entrance of all British armed vessels, into the harbors and waters of the United stales,* neither commenced hostilities against Great Britain; nor sought a defensive al- liance with Prance : nor relaxed in its linn, but conciliatory, efforts, to enforce the claims of justice, upon the honor of both nations. The rival ambit on ot Great Britain and France, now, however, ap- proached the consummation) which, involving the destruction of all neu- tral rights, upon an avowed principle of action, could not fail to render an actual state of war, comparatively, more sate, and more prosperous, than the imaginary state of peace, to which neutrals were reduced. The just and impartial conduct of a neutral nation, ceased to he its shield, and its safeguard, when the conduct of the belligerent powers, toward each other, became the only criterion of the law of war. The wrong com- nfltted by one of the belligerent powers, was thus made the signal, for the perpetration of a greater wrong by the oilier: and if the Ameri- can government complained to both powers, their answer, although it never denied the causes of complaint, invariably retorted an idle and offensive inquiry, into the priority of their respective aggres- sions ; or each demanded a course of resistance, against its antagonist, which was calculated to prostrate the American right of self-govern- ment, and to coerce the United States, against their interest and their policy, into becoming an associate in the war. But the American gov- ernment never did. and never can, admit, that a belligerent power, "in tak- ing steps to restrain the violence of its enemy, and to retort upon them the evils of their own injustice,"! is entitled to disturb, and to destroy, the rights of a neutral power, as recognized and established, by the law of na- tions. It was impossible, indeed, that the real features of the miscalled retaliatory system, should be long masked from the world ; when Great Britain, even in her acts of professed retaliation, declared, that France was unable to execute the hostile denunciations of her decrees i\ and when Great Britain herself unblushingly, entered into the same com- merce with her enemy (through (he medium of forgeries, perjuries, and licences) from which she had interdicted unoffending neutrals. The pride of naval superiority ; and the cravings of commercial monopoly ; gave, after all, the impulse and direction to the councils of the British cabin ' : while the vast, although visionary, project? of France, furnish- ed oeea«ions and pretexts, for accomplishing the onjeefs of those councils. The British minister, resident at Washington, in the year 1804, hav- ing distinctly recognize^, in the name of his sovereign, the legitimate principles of blockade, the American government received, with some surprise and solicitude, the successive notificati'nw, of the 9th of August, 180*, the 8th of April, t80f>, and. more particularly, of the Kith of May, ISOfi, announcing, by the last notification, "n irlnckade of the coast, riv- ers, and ports, from the river Elbe to the port of Brest, both inclusive."^ In none of the notified instances of blockade, w ere the principles, that had been rf>co;;ni7.ed in 1804, adopted and pursued : and it will he recol- lected by all Europe, that neither at the fine of the notification of the IBth of "May, isor. : nor at the time of excepting the Elite and Ems, from the operation of that notification :i| nor at any time during the con- tinuance „f the French war. was there an adequate naval force, actually applied by Great Britain, for the purpose of maintaining a blockade, from the river Elbe, to the port of Brest. It was. then, in the language of the day ''a mere paper blockade ;" a manifest infraction of the law of * See the proclamation of the '2d of .Inly, 1R07. t See the enter* in council of the 7th of January, 1807. S i- Che order* in council of the 7th ol' January, iK07. § See lord Harnwhy's note to Mr Monroe, dated the 'Hi. of August, 1R04 ; and Vfr. J n\\ nntrs t« Mr Monroe, dated respectively the 8th of \pril and thr Ifith of May, 1806. II See lord tiowick'a QOte lu Mr. Monroe, dated the 25ih September, ICO*. SI nations ; anil an act of peculiar injustice to (lie United States, as the only neutral power, against which it could practically operate. i>ut whatever may have been the sense oi' the American government on the occasion ; and whatever might be the dispositon, to avoid making this the ground of an open rupture with Great Britain, the case assumed a character of the highest interest, when, independent of its own injuri- ous consequences, Fiance, in the Berlin decree of the 21 st of Novem- ber, 1806. recited, as a chief cause for placing the British islands in a state of blockade, "that Great Britain declares blockaded, places before which she has not a single vessel of war ; and even places, which her united forces would be incapable of blockading ; such as entire coasts, and a whole empire : an unequalled abuse of the right of blockade, that had no other object, than to interrupt the communications of different nations : and to extend the commerce and industry of England, upon the ruin of those nations.'* The American government aims not, and never has aimed, at the justification, either of Great Britain, or of France, in their career of crimination and recrimination : but it is of some impor- tance to observe, that if the blockade of May, 1806, was an unlawful blockade, and if the right of retaliation arose with the first unlawful attack, made by a belligerent power, upon neutral rights, Great Britain has yet to answer to mankind, according to the rule of her own acknowl- edgement, for all the calamities of the retaliatory warfare. France, whether right, or wrong, made the British system of blockade, the foun- dation of the Berlin decree ; and France had an equal right with G. Brit- ain, to demand from the United States, an opposition to every encroach- ment upon the privileges of the neutral character. It is enough, how- ever, on the present occasion, for the American government, to observe, that it possessed no power to prevent the framing of the Berlin decree, and to disclaim any approbation of its principles, or acquiescence in its operations : for, it neither belonged to Great Britain, nor to France, to prescribe to the American government, the time, or the mode, or the de- gree, of resistance, to the indignities, and the outrages, with which each of those nations, in its turn, assailed the United States. But it has been shown, that after the British government possessed a knowledge of the existence of the Berlin decree, it authorized the conclu- sion of the treaty with the United States, which was signed, at London, on the 31st of December, 1806, reserving to itself a power of annulling the treaty, if France did not revoke, or if the United States, as a neutral power, did not resist, the obnoxious measure. It has. also, been shown, that before Great Britain could possibly ascertain the determination of the United States, in relation to the Berlin decree, the Orders in Council of the 7th of January, 1807, were issued, professing to be a retaliation against France, "at a time when the fleets of France and her allies were them- selves confined within their own ports, by the superior valor and discipline- of the British navy,"f but operating, in fact, against the United States, as a neutral power, to prohibit their trade "from one port to another, both which ports should belong to. or he in the poesession of. France oi her allies, or should be so far under their control, as that British vessels might not trade freely thereat.'*! I; remains, however, to be stated, (ba- it was not until the 13th of March, 1807, that the British minister, then residing at Washington, communicated to the American government, in the name of his sovereign, the Orders in Council of January, 1807, with an intimation, that stronger measures would be pursued, unless the United States should resist the operations of the Berlin decree { At the moment the British government was reminded, "that within the period of those * Seethe Rerlin decree of the 21st of November, 1806. f See the Order in Council of the 7th of January, 1807. t See Sir. Erskine'3 letter to the secretary of state, dated the 12th of March, 1807. great events, which continued to agitate Europe, instances had occurred* in which the commerce of neutral nations, more especially of the United States, had experienced the severest distresses from its own orders and measures, manifestly unauthorized by the law of nations: assurances were given, "that no culpable acquiesence on the part of the United States would render them accessary to the proceedings of one belligerent nation, through their rights of neutrality, against the commerce of its adversary :* ? and the right of Great Britain to issue such orders, unless as orders of blockade, to be enforced according to the law of nations, was utterly deni- ed.* Tins candid and explicit avowal of the sentiments of the American government, upon an occasion, so novel and important in the history of nations, did not. however, make its just impression upon the British cab- iuet: for, without assigning any neyi provocation on t lie part of France, and complaining, merely, that neutral powers had not been induced to interpose, with effect, to obtain a revocation of the Berlin decree, (which, however. Great Britain herself had affirmed to be a decree nominal and inoperative.) the orders in council ol the llth of November, 1807. were issued, declaring, "that all the ports and places of France and her allies, or of any other country at war with his majesty, and all other ports or places in Europe, from which although not al war with his majesty, the British flag was excita!cd, and all ports or places in the colonies belonging to his majesty's enemies, should, from thenceforth, he subject to the same restrictions, in point of trade and navigation, as if the same were actually blockaded by his majesty's naval forces, in the most strict and rigorous manner :" that "all trade in articles which were the produce or manufac- ture of the said countries or colonies, should be deemed and considered to he unlawful :" but that neutral vessels should still be permitted to trade with France from certain free ports, or through ports and places of the British dominions.! To accept the lawful enjoyment of a right, as the grant of a superior ; to prosecute a lawful commerce, under the forms of •favor and indulgence; and to pay a tribute to Great Britain, for the privileges of a lawful transit oti the ocean; were concessions, which G. Britain was disposed, insidiously, to exact, by an appeal to the cupidity of individuals, but which the United States could never yield, consistently with the independence and the sovereignty of the nation. The orders in council were, therefore, altered, in this respect, at a subsequent period \\ but the general interdict of neutral commerce, applying more especially to American commerce, was obstinately maintained, against all the force of reason, of remonstrance, and of protestation, employed by the Ameri- can government, when the subject was presented to its consideration, by the British minister residing at Washington. The fact assumed as ihe ? oasis of the orders in council, was unequivocally disowned: and it was demonstrated, that so far from its being true, "that the United States iiad acquiesced in an illegal operation of the Berlin decree, it was not jven true, that at the date of the British orders of the llth of November, '1807, a single application of that decree to the commerce of the United States, on the high seas, could have been known to (he British govern- ment ;" while the British government had been officially informed by the American minister at London, "that explanations uncontradicted by any overt act, had been given to the American minister at Paris, which justi- fied a reliance, (hat the French decrwe would not be put in force against the United States.' 1 The British orders of the llth of November, 1807, were quickly fol- • Sec the •eeretary ol state'* letter to Mr F.rskine, dated the 90th of March, 1S07. \ Bee i!m order* in council of the Ittli of Soremher, H07. | Sec Mr Manning's letter to Mr Pinknev, 23d r elimary, 18'»8. § S-l- Mr Rrskine'fl letter I i the Moretari of si ite dated the J-21 of Feb. 1808 ; a>-.r. he answer of the secretary of stale, dated the -' 5 h of March, 1S08. 33 Ibwed by the French decree of Milan, dated the lTth of December, I307 r "which was said to be resorted to, only ill just retaliation of the barbar- ous system adopted by England," and in which the denationalizing ten- dency of the orders, is made the foundation of a declaration in the decree, "that every ship, to whatever nation it might belong, that should have submitted to be searched by an English ship, or to a voyage to England, or should have paid any tux whatsoever to the English government, wan thereby, and for thai alone, declared to be denationalized, to have for- feited the protection of its sovereign, and to have become English prop- erty, subject to capture, as good and Lawful prize : that the British islands were placed in a state of blockade, both by sea aud land ; and every ship, of whatever nation, or whatever the nature of its cargo might be, that sails from (he ports of England, or those of the English colonies, and of the countries occupied by English troops, and proceeding to England, or to the English colonies, ur to countries occupied by English troops, should be good aud lawful prize; but that the provisions of the decree should be abrogated and null, in fact, as soon as the English should abide again by the principles of the law of nations, which are, also, the principles of jus- tice and honor.*** in opposition, however, to the Milan decree, as well as to the Berlin decree, the American government strenuously and un- ceasingly employed every instrument, except the instruments of vtar. It acted precisely towards France, as it acted towards Great Britain, on similar occasions ; but France remained, for a time, as insensible to the claims of justice and honor, as Great Britain ; each imitating the other, in extravagance of pretension, and in obstinacy of purpose. When the American government received intelligence, that the orders of the t lth of November, 1*807, had. been, under the consideration of the British cabinet, and yvere actually prepared for promulgation, it was an- ticipated, that France, in a zealous prosecution of the retaliatory yvar- fare, would soon produce an act of, at least, equal injustice and hostility. The crisis existed, therefore, at which the United States were compelled to decide, either to withdraw their seafaring citizens, and their commer- cial wealth, from the ocean, or to leave the interests of the mariner and the merchant exposed to certain destruction ; or to engage in open and active war. for tiie protection and defence of those interests. The prin- ciples and the habits of the American government, were still disposed to* neutrality and peace. In weighing the nature and the amount of the ag- gressions, which had been perpetrated, or which were threatened, if there yvere any preponderance to determine the balance, against one of the belligerent powers, rather than the other, as the object of a declaration of war ; it was against Great Britain, at least, upon the vital interest of impressment, and the obvious superiority of her naval means of annoy- ance. The French decrees yvere, indeed, as obnoxious in their formation. and design as the British orders; but the government of France claimed and exercised no right of impressment ; and the maritime spoliations of France, were, comparatively retricted, not only by her own weakness on the ocean, but by the constant and pervading vigilance of the fleets of lur enemy. The difficulty of selection ; the indiscretion of encountering, at once, both of* the offending powers ; and, above all. the hope of an early return of justice, under the dispensations of the ancient public law, pre- vailed in the councils of the American government; and it was resolved to attempt the preservation of its neutrality and its peace ; of its-citizens, and its resources; by a voluntary suspension of the commerce and navi- gation of the United States. It is true, that for the minor outrages com- mitted, under (he pretext of the rule of war of t756, the citizens of every denomination had demanded from their government, in the year 1805, protection and redress ; it is true, that for the unparallcd enormities of lh* * Seo the Mitan «'t "i congress puased the 22d ot April, 1808 t s.-c the Bel of congress, passed the first dai of March, 1809. $ Sr<- lie 1 1 ili taction of il>e !:i* war, having announced the practice of impressment, as a principal cause, peace could only be the result of an express abandonment of the practice; of a suspension of tin* practice, for the purposes of negotiation ; or of a cessa- tion of actual sufferance, in consequence of a pacification in Europe, which would deprive Great Britain of every motive tor continuing the practice. Hence, when early intimations were given, from Halifax, and from Canada, of a dispostion, on the part of the local authorities, to enter into an armistice, the power of those authorities was so doubtful, the objects of the armistice were so limited, and the immediate advantages of the measure, were so entirely on the side of the enemy, that the American government oould not, consistently with its duty, embrace the proposi- tions.* But some hope of an amicable adjustment was inspired, when a communication was received from admiral Warren, in September, 1812, stating that he was commanded by his government, to propose, on the one hand, "that the government of the United States should, instantly recall their letters of marque and reprisal against British ships, together, with all orders and instructions for any acts of hostility whatever against the territories of his majesty, or the persons or property of his subjects ;" and to promise, on the other hand, if the American government acquiesced in the proceeding proposition, that instructions should be issued to the Brit- ish squadrons, to discontinue hostilities against the United States and their citizens. This overture, however, was subject to a further qualifi- cation, "that should the American government accede to the proposal for terminating hostilities, the British admiral was authorized to arrange with the American government, as to the revocation of the laws, which interdict the commerce and ships of war of Great Britain from the har- bors and waters of the United States ; but that in default of such revoca- tion within the reasonable period to be agreed upon, the orders in council would be revived."! The American government, at once, expressed a disposition to embrace the general proposition for a cessation of hostilities. with a view to negotiation ; declared that no peace could be durable, un- less the essential object of impressment was adjusted ; and offered, as a basis of the adjustment, to prohibit the employment of British subjects in the naval or commercial service of the United States : but adhering to its determination of obtaining a relief from actual sufferance, the suspension of the practice of impressment pending the proposed armistice, was deem- ed a necessary consequence ; for "it could not be presumed, while the parties were "engaged in a negotiation to adjust amicably this important difference, that the United States would admit the right, or acquiesce in the practice, of the opposite party; or that Great Britain would be un- willing to restrain her cruisers from a practice, which would have the. strongest effect to defeat the negotiation."]: So just, so reasonable, so indispensable, a preliminary, without which the citizens of the United States, navigating the high seas, would not be placed, by the armistice, on an equal footing with the subjects of Great Britain, admiral Warren was not authorized to accept ; and the effort at an amicable adjustment, through that channel, was necessarily abortive. But long before the overture of the British admiral was made, (a few days, indeed, after the declaration of war,) the reluctance with which • See the letters from the department of state to Mr. Russel, dated 9th and 10th of August, 1812, and Mr. Graham's memorandum of a conversation with Mr. Baker, the British secretary of legation, enclosed in the last letter. See, also, Mr. Monroe's letter to Mr. Russell, dated the 21st of August, 1812. t See the letter of admiral Warren, to the secretary of state, dated at Habtax, the 20th of Sept. 1812. . , , ,_,, , ot „ 4 See the letter of Mr. Monroe, to admiral Warren, dated the 27th of October, 181* 3& i he United States had resorted to arms, was manifested by the steps takeu to arrest the progress of hostilities, and to hasten a restoration of peace. On the 26th of June, 1812, the American cnarge d'affaires, at London, was instructed to make the proposal of an armistice to the British gov- ernment, which might lead to an adjustment of all differences, on the single condition, in tiie event of the orders in council being repealed, that instructions should be issued, suspending the practice of impressment dar- ing the armistice. This proposal was soon followed by another, admit- ting, instead of positive instructions, an informal understanding between the two governments on the subject .* But both of these proposals were unhappily rejected. f And when a third, which seemed to leave no plea for hesitation, as it required no other preliminary, than that the American minister, at London, should liud in the British government, a sincere dis- position to accommodate the difference, relative to impressment, on fair conditions, was evaded, it was obvious, that neither a desire of peace, nor a spirit of conciliation, influenced the councils of Great Britain. Under these circumstances, the American government had no choice, but to invigorate the war; and yet it has never lost sight of the object of all just wars, a just peace. The Emperor of Russia having offered his mediation, to accomplish that object, it was instantly and cordially ac- cepted, by the American government ;\ but it was peremptorily rejected by the British government. The Emperor, in his benevolence, repeated his invitation : the British government again rejected it. At last, how- ever, Great Britain, sensible of the reproach, to which such conduct would expose her throughout Europe, offered to the American government a direct negotiation for peace, and the offer was promptly embraced; with perfect confidence, that the British government would be equally prompt, in giving effect to its own proposal. But such was not the design, or the course, of that government. The American envoys were immediately appointed, and arrived at Gottenburgh, the destined scene of negotiation, on the ttth of April, 181*, as soon as the season admitted. The British government, though regularly informed, that no time would be lost on the part of the United States, suspended the appointment of its envoys, until the actual arrival of the American envoys should be formally communi- cated. This pretension, however novel and inauspicious, was not per- mitt'd to obstruct the path to peace. The British government next pro- posed to transfer the negotiation from Gottenburgh to Ghent. This change also, notwithstanding the necessary delay, was allowed. The American envoys, arriving at Ghent on the 24th of Junt*, remained in a mortifying state of suspense and expectation, for the arrival of the British envoys, until the fith of August. And from the period of opening the negotiations, to the date of the last despatch of the 3tst of October, it has been seen, that the whole of the diplomatic skill of (he British government, has con- sisted in consuming time, without approaching any conclusion. The pacification of Paris, had. suddenly and unexpectedly, placed at the dis- posal of the British government, a great naval and military force ; the pride and passions of (he nation were artfully excited against (he United States: and a war of desperate and barbarous character was planned, at the very moment that the American government, finding its maritime citizens relieved, by (he course of events, from actual sufferance, under the practice of impressment, had authorized its envoys to wave those stipulations upon the subject, which might, otherwise, have been indispen- sable psecautions. • S.cthc totters from the secretary of state, to Mr. Uussell, dated the '26th of June, and 27th of July, 1812 f See the correspondence between Mr. Uussell, and lord Castlereap;!), dated August and September, 1812; and Mr. Russell's letters to the secretary of sU e, dated Septem- ».er, 1812 ( bec the correspondence between Mr. Monroe and Mr. Dasohkoff, in March, 1813 33 Hitherto the American government has shown the justice of its cause ; its respect for the rights of other nations, and its inherent love of peace. But the scenes of the war. will, also, exhibit a striking contrast, between the conduct of the United Slates, and the conduct of Great Britain. The same insidious policy, which taught the Prince Regent to describe the American government as the aggressor in the war, has induced the Brit- ish government (clouding the daylight truth of the transaction) to call the atrocities of the British fleets and armies, a retaliation upon the ex- ample of the American troops in Canada. The United Slates tender a solemn appeal to the civilized world, against the fabrication of such a charge; and they vouch, in support of their appeal, the known morals, habits, and pursuits of their people ; the character of their civil and political institutions; and the whole career of their navy and their army, as humane, as it is brave. Upon what pretext did the British admiral, on the 18th of August, 1814, announce his determination, "to destroy and lay waste such towns and districts, upon the coast, as might he found assailable ?"* It was the pretext of a request from the governor general of the Canadas, for aid to carry into effect measures of retaliation ; w hile, in fact, the barbarous nature of the war, had been deliberately settled and prescribed by the British cabinet. What could have been the foundation of such a request ? The outrages, and the irregularties, which too often occur during a state of national hostilities, in violation of the laws oi civilized warfare, are always to be lamented, disavowed, and repaired, by a just and honorable government ; but if disavowal be made, and if reparation be ottered, there is no foundation for retaliatory violence. "Whatever unauthorized irregularity may have been committed by any of the troops of the United States, the American government has been ready, upon principles of sacred and eternal obligation, to disavow, and, as far as it might be practicable, to repair.'?! In every known instance (and they are few) the offenders have been subjected to the regular inves- tigation of a military tribunal ; and an officer, commanding a party oi stragglers, who were guilty of unworthy excesses, was immediately dis- missed, without the form of a trial, for not preventing those excesses. The destruction of the village of Newark, adjacent to Fort George, on the 10th of December, 1S13, was long subsequent to the pillage and con- flagration committed on the shores of the Chesapeake, throughout the summer of the same year; and might fairly have been alleged as a re- taliation for those outrages; but, in fact, it was justified by the American compiander, who ordered it, on the ground, that it became necessary to the military operations at that place ;+ while the American government, as soon as it heard of the act, on the 6th of January, 181*, instructed the general commanding the northern army, "to disavow the conduct of the officer who committed it; and to transmit to governor Prevost, a copy ci the order, uuder color of which that officer had acted."§ This disavowal was accordingly communicated; and on the 10th of February, 1814, gov- ernor Prevost answered, "that it had been with great satisfaction he had received the assurance, that the perpetration of the burning of the town of Newark, was both unauthorized by the American government, and abhorent to every American feeling; that if any outrages had ensued the wanton aud unjustifiable destruction of Newark, passing the bounds ol just retaliation, they were to be attributed to the influeucc of irritated passions, on the part of the unfortunate sufferers by that event, which, ra • See admiral Cochrane's letter to Mr. Monroe, dated the lSih of August, 181.4; and Mr. Monroe's answer of the Cth Sept 1814. . t See the letter from the secretary at war to brigadier general M'Lure, dated tlie 4th of October, 1813. - $ Gen. M'Lure's letters to the secretary at war, dated Dec. 10 and 13, 1813. § See the letter from the secretary at war, to Mnj. Gen. Wilkinson, rtatqd the 26lh of January, 1S14. 5 34 a state of active warfare, it has not been possible altogether to restrain ; and that it was as little congenial to the disposition of his majesty's gov- ernment, as it was to that of the government of the United States, delib- erately to adopt any plan of policy, which had for its object the devasta- tion of private property.' 1 * But the disavowal of the American govern- ment was not the only expiation of the offence committed by its officer : for the British government assumed the province of redress in the indul- geuco of its own vengeance. A few days after the burning of Newark, the British and Indian troops crossed the Niagara, fortius purpose; they surprised and seized Fort Niagara, and put its garrison to the sword ; they burnt the villages of Lewistown, Manchester, Tuscarora, Buffalo, and" Black Rock; slaughtering and abusing the unarmed inhabitants; until, in short, they had laid waste the whole of the Niagara frontier, levelling every house and every hut, and dispersing, beyond the means of shelter, in the extremity of the winter, the mule and the female, the old and the young. Sir George Prevost himself appears to have been sated with the ruin, and the havoc, which had been thus inflicted. In his pro- clamation of the 12th of January, 181*, he emphatically declared, that for the burning of Newark, ''the opportunity of punishment had occurred, and a full measure of retaliation had taken place ; ' and "that it was not his intention to pursue further a system of warfare, so revolting to his own feelings, and so little congenial to the British character, unless the future measures of the enemy should compel him again to resort to it."f Nay, with his answer to the American general, already mentioned, he transmitted "a copy of that proclamation, as expressive of the determin- ation, as to his future line of conduct ;" and added, "that he was happy to learn, that there was no probability, that any measures on the part of the American government would oblige him to depart from it."} Where, then, shall we search for the foundation of the call upon the British ad- miral, to aid the governor of Canada in measures of retaliation ? Great Britain forgot the principle of retaliation, when her orders in council were issued against the unoffending neutral, in resentment of outrages committed by her enemy; and surely, she had again forgotten the same principle, when she threatened an unceasing violation of the laws of civilized warfare, in retaliation for injuries, which never existed, or which the American government had explicitly disavowed, or which had been already avenged by her own arms, in a manner and a degree, cruel and unparalleled. The American government, after all, has not hesitated to declare, that "for the reparation of injuries, of whatever nature they may he, not sanctioned by the law of nations, which the military or naval force of either power might have committed against the other, it would always be ready to enter into reciprocal arrangements ; presuming that the British government would neither expect, nor propose, any which were not recip- rocal. ''§ It is now, however, proper to examine the character of the warfare, which Great Britain has waged against the United States. In Europe, it has already been marked, with astonishment and indignation, as a war- fare of the tomahawk, the scalping knife, and the torch; as a warfare^ incompatible with the usages of civilized nations ; as a warfare, that, disclaiming all moral influence, inflicts an outrage upon social order, and gives a shock to the very elements of humanity. All belligerent nations can form alliances with the savage, the African, and the bloodhound : • See the letter of" Major General Wilkinson, to Sir George Prevost, dated the 28tk i>t January, 1814, and the answer of Sir George Prevost, dated the 10th of February, 1814. | Sec Sir George Picvost's proclamation, dated at Qu bee, the 12th of Jannary, 1814. * Sec the letter of sir George Prevost to general Wilkinson, dated the 10th of Feb- ruary, 1811; and the Br tish general orders, of the 22d of February, 1814. $ Sec Mjk Monroe's Utter to admiral Cochrane, (luted the 6t!± of Sent, 1864.- 35 S)Ut what civilized nation lias selected these auxiliaries, in its hostilities?, It does not require the fleets and armies of Great Britain, to lay waste an open country; to burn unfortified towns, or unprotected villages; nor to plunder the merchant, the farmer, and the planter, of his stores: these exploits may easily he achieved by a single cruiser, or a petty privateer; but when have such exploits been performed on the coasts of the continent of Europe, or of the British islands, by the naval and military force of any belligerent power ; or when have they been tolerated by any honora* hie government, as the predatory enterprise of armed individuals ? Nor, is the destruction of the public edifices, which adorn the metropolis of a country, and serve to commemorate the taste and science of the age, beyond the sphere of action of the vilest incendiary, as well as of the most tri- umphant conqueror. It cannot be forgotton, indeed, that in the course of ten years past, the capitals of the principal powers of Europe have been conquered, and occupied alternately, by the victorious armies of each other;* and yet, there has heen no instance of a conflagration of the pal- aces, the temples, or the halls of justice. No : snch examples have pro- ceeded from Great Britain alone : a nation so elevated in its pride ; so awful in its power; and so alfected in its tenderness, for the liberties of mankind ! The charge is severe ; but let the facts be adduced. 1. Great Britain has violated the principles of social law, by insidious attempts, to excite the citizens of the United States into acts of contumacy, treason, and revolt, against their government. For instance ; No sooner had the American government, imposed the restrictive sys- tem upon its citizens, to escape from the rage and depredation of the belligerent powers, than the British government, then professing amity towards the United States, issued an order, which was, in effect, an in- vitation to the American citizens to break the laws of their country, Mnder a public promise of British protection and patronage, "to all ves- sels, which should engage in an illicit trade, without bearing the custom- ary ship's documents and papers."t Again : During a period of peace, between the United States and Great Britain, in the year 1809, the governor general of the Canadas employed an agent (who had previously been engaged, in a similar ser- vice, with the knowledge and approbation of the British cabinet) "on a secret and confidential mission,'' into the United States, declaring, "that there was no doubt, that his able execution of such a mission, would give him a claim, not only on the governor general, but on his majesty's min- isters." The object of the mission, was to ascertain, whether there ex- isted a disposition in any portion of the citizens, "to bring about a separ- ation of the eastern states from the general union ; and how far, in such an event, they would look up to England for assistance, or be disposed to enter into a connexion with her." The agent was instructed "to insinu- ate, that if any of the citizens should wish to enter into a communication with the British government, through the governor general, he was au- thorized to receive such communication; and that he would safely trans- mit it to the governor general. "$ He was accredited by a formal instru- ment, under the seal and signature of the governor general, to be produced "if he saw good ground for expecting, that the doing so might lead to a more confidential communication, than he could, otherwise, look for;" and he was furnished with a cipher, "for carrying on the secret corres- pondence^ The virtue and patriotism of the citizens of the United States, were superior to the arts and corruption, employed in this secret * See Mr Monroe's letter to admiral Cochrane, dated the €th of September, 1814. ■f See the instructions to the commanders of British ships of war and privateers, dated the 11th of April, 1808. + See the letter from Mr. Ryland, the secretary of the governor general, to Mr. Hen- ry, dated the 2Sth of January, 1809. § See the letter of air James Craig) to Mr. Henry, dated February 6, 1809. 36 and confidential mission, it' it ever was disclosed to any of them; and t lie mission itself terminated, as soon as the arrangement with Mr. Ers- kine was announced.* But, in the act of recalling the secret emissary, he was informed, "that (he whole of his letters were transcribing to be sent home, where they could not fail of doing him great credit, and it was hoped they might eventually contribute to his permanent advantage. "f To endeavor to realize that hope, the emissary proceeded to London j.all the circumstances of his mission were made known to the British minis- ter; his services were approved and acknowledged : and he was sent to Canada, for a reward ; with a recommendatory letter from lord Liverpool to sir George Prevost. "stating his lordship's opinion of the ability and judgment which Mr. Henry had manifested on the occasions mentioned in his memorial, (his secret and confidential missions,) and of the benefit the public service might derive from his active employment, in any pub- lic situation, in which sir George Prevost might think proper to place him. ? '| The world will judge upon these facts, and the rejection of a parliamentary cull, for the production of the papers relating to them, what credit is due to the prince regent's assertion, "that Mr. Henry's mission was undertaken, without the autbority or even knowledge of his majesty's government." The first mission was certainly known to the British government, at the time it occurred; for, the secretary of the governor general expressly states, "that the information and political observations, heretofore received from Mr. Henry, were transmitted by his excellency to the secretary of state, who had expressed his particlar approbation of them ;"§ the second mission was approved when it was known : and it remains for the British government to explain, upon any established principles of morality and justice, the essential difference between ordering the offensive acts to be done; and reaping the fruit of those acts, without either expressly, or tacitly, condemning them. Again : These hostile attempts upon the peace and union of the United States, preceding the declaration of war, have been followed by similar machinations, subsequent to that event. The governor general of the Canadas has endeavored, occasionally, in his proclamations and general orders, to dissuade the militia of the United States, from the performance of the duty, which they owed to their injured country; and the efforts, at Quebec and Halifax, to kindle the the flame of civil war, have been as in- cessant, as they have been insidious and abortive. Nay, the governor of the island of Barbodoes, totally forgetful of the boasted article of the Brit- :-b magna charta, in favor of foreign merchants, found within the British dominions, upon the breaking out of hostilities, resolved that every Amer- ican merchant, within his jurisdiction at the declaration of war, should, at once be treated as a prisoner of war; because every citizen of the United .States was enrolled in the inilita; because the militia of the United States were required to serve their country beyond the limits of the state, to which they particularly belonged ; and because the militia of "all the states, which had acceded lo this measure, were, in the view of sir George Beck with, acting as a French conscription.**! Again : Nor was this course of conduct confined to the colonial au- thorities. On the 2fith of October, 1842, the British government issued an order in council, authorizing the governors of the British West India islands to grant licenses to American vessels, for the importation and ex- portation of certain articles, enumerated iu the order; but in the instruct* • See the letter of sir James Craig to Mr. Henry, dated Feb. 6, 1809, and Mr. Ry land's • . IlC' r "i Janaai v, i B09, | See Mr. Ry land's letter, dated tbe 96th of June, 1809. * Se<- the litter from lord Liverpool to sir Georjre 1'revost, dated the lGth of Septem- ber, 1 81 1 . § See Mr. Ryland' U iter of the 36th of January, 1809. i; Bee the remarkable t,ute paper, issugd by goveroor Ueckvitb. at Eaibadoes, on the 13th of November 181'.?. 37 ions, which accompanied the order, it was expressly provided, that "whatever importations where proposed to he made, from the United States of America, should he by licenses, confined to the ports in the east- ern states exclusively! unless there was reason to suppose, that tin- ob- ject of the order would not be fulfilled, if licenses were not granted, lor importations from the other ports in the United States."* The president ef the United States has not hesitated to place before the nation, with expressions of a just indignation, "the policy ot Crcat Britain thus proclaimed to the world ; introducing into her modes oi war- fare, a system equally distinguished by the deformity of its features, and the depravity of its character ; and having for its object, to dissolve the ties oi allegiance, and the sentiments of loyalty, in the adversary nation ; and to seduce and separate its component parts, the one from the other.'-f 2. Great Britain has violated the laws of humanity and honor, by seeking alliances, in the prosecution of the war, with savages, pirates, and slaves. The British agency, in exciting the Indians, at all times, to commit hostilities upon the frontier of the United States, is too notorious, to admit of a direct and general denial. It has sometimes, however, been said, that such conduct was unauthorized by the British government ; and the prince regent, seizing the single instance, of an intimation, alleged to be given, on the part of sir James Craig, the governor of the Canadas, that an attack was meditated by the Indians, has affirmed, that "the charge of exciting the Indians to offensive measures against the United States, was void of foundation; that, before the war began, a policy the most opposite had been uniformly pursued ; and that proof of this was tendered hy Mr. Foster to the American government.'"'! But is it not known in Europe, as well as in America, that the British Northwest Company maintain a constaut intercourse, of trade, and council, with the Indians; that their interests are often in direct collisiou with the interests of the inhabitants of the United States, and that by means of the inimical dis- positions, and the active agencies, of the company (seen, understood, and tacitly sanctioned by the local authorities of Canada) all the evils of an Indian war may be shed upon the United States, without the authority of a formal order, emanating immediately from the British government ? Hence, the American government, in answer to the evasive protestations of the British minister, residing at Washington, frankly communicated the evidence of British agency, which had been received, at different periods, since the year 1807 ; and observed, "that whatever may have been the disposition of the British government, the conduct of its subor- dinate agents had tended to excite the hostility of the Indian tribes towards the United States ; and that in estimating the comparative evi- dence on the subject, it was impossible not to recollect the communication lately made, respecting the conduct of sir James Craig, in another im- portant transaction (the employment of Mr. Henry, as an accredited ag;ent, to alienate and detach the citizens of a particular section of the union, from their government) which, it appeared, was approved by lord Liverpool. "§ The proof, however, that the British agents and military officers, were guilty of the charge, thus exhibited, become conclusive, when, sub- * See the proclamation of the governor of Bermuda, dated the I4lh of January 1 S14 ; and the •instructions from the British secretary for foreign affairs, dated November 9, 1812. f See the message from the President to congress, dated the 24th of February, 18: f>. i See the prince regent's declaration of the 10th ot January, 1813. See, also, Mr. Foster's letters to Mr. Monroe, dated the '28th of December, 1811, and the 7th and 8th of June, 1S12; and Mr. Monroe's answer, da'ed the Dili of Jann.irv, 1812, and the 10th of June, 1812; and the documents, which accompanied the corres- pondence. § See Mr. Monroe's letter to Mr. Foster, dated the 10th of June, 1 S12. ss sequent to the communication, which was made to the British minister, the defeat ami flight of general Proctor's army, on the of plueen in the possession of the American commander, the corres- pondence and papers <> the British officers. Selected from the documents which were obtained upon that occasion, the contents of a few letters will serve to characterize the whole of the mass. In these letters, writ- ten by Mr. M'Kee, the British agent, to colonel England, the commander of the British troops, superscribed, "en his majesty's service," and dated during the months of July aud August, 1794, the period of Gen. Wayne's successful expedition against the Indians, it appears, that the scalps tak- en by the Indians were sent to the British establishment at the rapids of the Miami ;* that the hostile operations of the Indians were concerted with the British agents and officers;! that when certain tribes of Indians "having completed the belts they carried with scalps and prisoners, aud being without provisions, resolved on going home, it was lamented, that his majesty's posts would derive no security, from the late great influx of Indians into that part of the country, should they persist in their resolu- tion of returning so soon ;| that "the British agents were immediately to hold a council at the Glaze, in order to try if they could prevail on the Lake Indians to remain ; hut that without provisions and ammunition being sent to that place, it was conceived to be extremely difficult to keep them together ;"§ and that "colonel England was making great exertions to supply the Indians with provisions. "|| But the language of the correspondence becomes, at length, so plain and direct, that it seems impossible to avoid the conclusion of a governmental agency, on the part of Great Britain, in advising, aiding, and conducting, the Indian war, while she professed friendship and peace towards the United States. "Scouts are sent, (says Mr. M Kee, to colonel England,) to view the sit- uation of the American army ; and we now muster one thousand Indians. All the Lake Indians, from Sugaua downwards, should not lose one mo- ment in joining their brethren, as every accession of strength, is an addi- tion to their spirits. "% And again : "1 have been employed several days in endeavoring to fix the Indians, who have been driven from their vil- lages and corutields, between the fort and the bay. Swan creek is gen- erally agreed upon, and will be a very convenient place for the delivery of provisions, &c."** Whether, under the various proofs of the British agency, in exciting Indian hostilities against the United States, in a time of peace, presented in the course of the present narrative, the Prince Be- gent's declaration, that, "before the war began, a policy the most opposite had been uniformly pursued," by the British government,!! is to be ascribed to a want of information, or a want of candor, the Amerieau government is not disposed, more particularly, to investigate. But, independent of these causes of just complaint, arising in a time of peace, it will be found, that when the war was declared, the alliance of the British government with the Indians, was avowed, upon princi- ples, the most novel, producing consequences the most dreadful. The savages were brought into the war, upon the ordinary footing of allies, without regard to the inhuman character of their warfare ; which neither spares age, nor sex : aud which is more desperate towards the captive, at. the stake, than even towards the combatant, in the field. It seemed to be a stipulation of the compact between the allies, that the British might imitate but should not control, the ferocity of the savages. While the * See the letter from Mr. M'Kec to colonel England, dated the '2(1 of July, 1794. ! See the letter from the same to the same, dated the 5 lb. of July, 1794. i See the lame letter. § See the same letter. (| See the wne letter. If Sec the lettur from the same to the same, doted the ISth of August, 1794. •* See the letter IVom the mini to the Mine, dated the 30th of August, 17a*. ft Slc the prince regent's declaration of the llHh oj January, 1813. 39 British troops beheld, without compunction, the tomahawk and the scalp- ing knife, brandished against prisoners, old men and children, and even against pregnant women, and while they exiillingly, accept the bloody scalps of the slaughtered Americans ;* the Indian exploits in battle, are recounted and applauded by the British general orders. Rank and sta- tion are assigned to tliern, in the military movements of the British army ; and the unhallowed league was ratified, with appropriate emblems, by intertwining an American scalp, with the decorations of the mace, which the commander of the northern army of the United States found in the legislative chamber of York, the capital of Upper Canada. In the single scene, that succeeded the battle of Frenchtown, near the river Raisin, where the American troops were defeated by the allies, un- der the command of general Proctor, there will be found concentrated, up- on indisputable proof, an illustration of the horrors of the warfare, which Great Britain has pursued, and still pursues, in co-opera! i >:\ with the savages of the south, as well as with the savages of the north. The American army capitulated, on 22d of January, 1S13 ; yet, after the faith of the British commander had been pledged, in the terms of the capitula- tion ; and while the British officers and soldiers, silently and exuliingly, contemplated the scene, some of the American prisoners of war were tomahawked, some were shot, and some were burnt. Many of the unarm- ed inhabitants of the Michigan territory were massacred : their property was plundered, and their horses were destroyed. t The dead bodies of the mangled Americans, were exposed, unburied, to he devoured by dogs and swine ; "because as the British otHcers declared, the Indians would not permit the interment jf and some of the Americans, who survived the oarnage, had been extricated from danger only by being purchased at a price, as a part of the booty belonging to the Indians. But, to complete this dreadful view of human depravity, and human wretchedness, it is only necessary to add, that an American physician, who was despatched with a flag of truce, to ascertain the situation of his wounded brethren, and two persons, his companions, were intercepted by the Indians, in their humane mission ; the privilege of the flag was disregarded by the British officers ; the physician, after being wounded, and one of his companions, were made prisoners ; and the third person of the party was killed. § But the savage, who had never known the restraints of civilized life, and the pirate, who had broken the bonds of society, were alike the ob- i"ects of British conciliation and alliance, for the purposes of an unparal- eled warfare. A horde of pirates and outlaws had formed a confederacy and established on the island of Barrataria, near the mouth of the river Mississippi. Will Europe believe, that the commander of the British forces, addressed the leader of the confederacy, from the neutral territory of Pensacola, "calling upon him, with his brave followers, to enter into the service of Great Britain, in which he should have the rank of cap- tain ; promising that lands should be given to them all, in proportion to their respective ranks, on a peace taking place ; assuring them, that their property should be guaranteed, and their persons protected ; and asking, in return, that they would cease all hostilities against Spain, or the allies of Great Britain, and place their ships and vessels, under the British * See the letter from the American gpneral Harrison, to the British general Proctor. See a 'e^ter from the British major Muir, Indian agent, to colonel Proctor, dated the 26th September, 1 812, and a letter from colonel St George to colonel Proctor, dated the £8lh of October, 1812, found among coionel Proctor's papers. f See the report of the committee of the house of representatives, on the 51st of July, ?812 ; and the repositions and documents accompanying it. i See the official report of Mr. Baker, the agent for the prisoners, to brigadier gen- eral Winchester, dated the 26th of February, 1813. § In addition to this description of savage warfare, under British auspices, see thft fikfs aontaioed in the ewrcspoiulense between general Hsri-ison, and general DruromoixV 40 commanding officer on the station, until the commander in chiefs pleas- ure should be known, with a guarantee of their fair value at all events ?"* There wanted only to exempilify the debasement of smcIi an act, the oc- currence, I hat the pirate should spurn the proffered alliance; and, accor- dingly, Lafitle's answer was indignantly given, by a delivery of the let- ter, containing the British proposition, to the American governor of Louisiana. Thbre were other sources, however, of support, which Great Britain was prompted by her vengeance to employ, in opposition to the plainest dictates of her own colonial policy. The events which have extirpated, or dispersed, the white population of St. Domingo, are in the recollection of all men. Although British humanity mi^ht not shrink, from the in- fliction of similar calamities upon the southern states of America, the danger of that course, either as an incitement to a revolt, of the slaves in the British islands, or as a cause for retaliation, on the part of the United States, ought to have admonished her against its adoption. Yet, in a for- mal proclamation, issued by the commander in chief of his Britannic maj- esty's squadrons, upon the American station, the slaves of the American planters were invited to join the British standard, in a covert phraseology, that afforded but a slight veil, for the real design. Thus, Ad. Cochrane, reciting, "that it had been represented to him, that many persons now resident in the United States, had expressed a desire to withdraw there- from, with a view of entering into his majesty's service, or of being re- ceived as free settlers into some of his majesty's colonies," proclaimed, that "all those who might be disposed to emigrate from the United States, would, with their families, be received on board of his majesty's ships or vessels of war, or at the military posts that might be established upon, or near, the coast of the United States, when they would have their choiee of either entering into his majesty's sea or land forces, or of being sent as free settlers to the British possessions in North America, or the West Indies, where they would meet with all due encouragement."! But even the negroes seem, in contempt, or disgust, to have resisted the solicitation ; no rebellion, or massacre, ensued ; and the allegation, often repeated, that in relation to those who were seduced, or forced, from the service of their masters, instances have occurred of some being afterwards transport- ed to the British West India islands, and there sold into slavery, for the benefit of the captors, remains without contradiction. So complicated an act of injustice would demand the reprobation of mankind. And let the British government, which professes a just abhorrence of the African slave trade; which endeavors to impose, in that respect, restraints upon the domestie policy of France, Spain, and Portugal ; answer, if it can, the solemn charge, against their faith, and their humanity. 3. Great Britain has violated the laws of civilized warfare, by plundering private properly ; By outraging female honor; by burning un- protected cities, towns, villages, and houses ; and by laying waste whole districts of an unresisting country. The menace and the practice of the British naval and military force, '•to destroy and lay waste such towns and districts upon the American coast, as might he found assailable," have been excused upon the pretext of retaliation, for the wanton destruction committed by the American ar- my in Upper Canada ;"f hut the fallacy of the pretext has already beeu exposed. It will be recollected, however, that (he act of burning Newark was instantaneously disavowed by the American government : that it oc- curred in Deeember, is 13 ; and that Sir George Prevost himself ackuowl- • Sec the letter addressed by Edward Nichols, lieutenant-colonel commanding his Britannic majesty's forces in the Florida*, 10 Monsieur Lafitte, or the commandant at Barrataria, dated the 31«l fit' Augoat, 1814. f Sne admiral Qoehrane'a proclamation, dated at Rermada, the 2d of April, 1814. ; bee admiral Coeuraoe's letter to Mr. Monroe, dated August 18, 1814. 41 edged, on the 10th of February, 1814* that the measure of retaliation, far all the previously imputed misconduct of the American troops, was then full and complete.* Between the month of February. 1814<, when that acknowledgement was made, and the month of August, tsit, when the British admiral's denunciation was issued, what are the outrages upon the part of the Amerioan troops in Canada, to justify a call for retalia- tion ? No: it was the system, not the incident, of the war; and intelli- gence of the system bad been received at Washington, from the American agents in Europe, with reference to the operations of admiral Warren, upmi the shores of the Chesapeake, long before admiral Cochrane had succeeded to the command of the British fleet, on the American station. As an appropriate introduction to the kind of war, which G. Britain intended to wage against the inhabitants of the United States, transaction* occurred in England, under the avowed direction of the government itself, that could not fail to wound the moral sense of every candid and generous spectator. All the officers and mariners of the American merchant ships, who, having lost their vessels in other places, had gone to England on the way to America; or who had been employed in British merchant ships, but were desirous of returning home ; or who had been detained, in consequence of the condemnation of their vessels under the British orders in council ; or who had arrived in England, through any of the other casualties of the seafaring life ; were condemned to be treated as prisoners of war; nay, some of them were actually impressed, while soliciting their passports ; although not one of their number had been, in any way, engaged in hostilities against Great Britain ; and although the American government had afforded every facility to the departure of the same class, as well as of every other class, of British subjects, from the United States, for a reasonable period, after the declaration of vvar.f But this act of injustice, for which even the pretext of retaliation has not been advanced, was accompanied by another of still greater cruelty and oppression. The American seamen, who had been enlisted, or impressed, into the naval service of Great Britain, were long retained, and many of them are yet retained, on board of British ships of war, where they are compelled to combat against their country and their friends ; and even when the Brit- ish government tardily and reluctantly recognized the citizenship of im- pressed Americans, to a number exceeding one thousand at a single naval station, and dismissed them from its service on the water; it was only to immure them as prisoners of war on the shore. These unfortunate per- sons, who had passed into the power of the British government, by a vio- lation of their own rights and inclinations, as well as of.the rights of (heir country, and who could only be regarded as the spoils of unlawful vio- lence, were, nevertheless, treated as the fruits of lawful war. Such was the indemnification, which Great Britain offered for the wrongs, that she had inflicted; aud such the reward, which she bestowed, for services that she had received.! Nor has the spirit of British warfare been confined to violations of the usages of civilized nations, in relation to the United States. The system of blockade, by orders in council, has been revived; and the American coast, from Maine to Louisiana, has been declared, by 1 he proclamation of a British admiral, to be in a state of blockade, which every dav's observation proves to be, practically, ineffectual, and which, indeed, the whole of the British navy would be unable to enforce and maintain. § Neither the orders in council, acknowledged to be generally * S e sir George Prevost's letter to Gen. Wilkinson, dated 10th Feb. ISt 4. f See Mr. Beasley's correspondence with the British government, in Oct. Nov. nml Dec 1812. See, also, the act of congress, passed the 6th July, 1812. $ ^ee the letter from Mr. Beasley, to Mr, M'Leay. dited the 13th of March, 18(5. _ § Seethe sucoessi e blockades announced by the British government, and the succ«?- sive naval commanders on the Am^ricaa station, » l " - ' '' ' 42 uulawful, and declared to be merely retaliatory upon France ; nor tii? Berlin and Milan decrees, which placed the British islands in a state of blockade, without the force of a single squadron to maintain it; were, in principle, more injurious to the rights of neutral commerce, than the ex- isting blockade of the United States. The revival, therefore, of the system, without the retaliatory pretext, must dcnnmsl rate to the world, a determination, on the part of Great Britain, to acquire a commercial monopoly, by every demonstration of her naval power. The trade of the United States with Russia, and with other northern powers, by whose governments no edicts, violating neutral rights, had been issued, was cut off by the operation of the British orders in council of the year 1807, as effectually as their trade with France and her allies, although the retali- atory principle was totally inapplicable to the case. And the blockade of the year 1814, is an attempt to destroy the trade of those nations, and indeed, of all the other nations of Europe, with the United States ; while Great Britain, herself, with the same policy and ardor, that marked her illicit trade with France, when France was her enemy, encourages a clan- destine traffic between her subjects and the American citizens, wherever her possessions come in contact with the territory of the United States. But approaching nearer to 1he scenes of plunder and violence, of cru- elty and conflagration, which the British warfare exhibits on the eoast of the United States, it must he again asked, what acts of the American government, of its ships of war, or of its armies, had occurred, or were even alleged, as a pretext, for the pepetration of this series of outrages ? It will not be asserted, that they were sanctioned by the usages of modern war; because, the sense of all Europe would revolt at the assertion. It will not be said, that they were the unauthorized excesses of the British troops; because scarcely an act of plunder and violence, of cruelty and conflagration, has been committed, except in the immediate presence, under the positive orders, and with the personal agency, of British officers. It must not be again insinuated, that they were provoked by the American example; because it has been demonstrated, that all such insinuations are without color, and without proof. And, after all, the dreadful and dis- graceful progress of the British arms, will be traced, as the effect of thai animosity, arising out of recollections connected with the American revo- lution, which has already been noticed ; or, as the effect of that jealousy, which the commercial enterprise, and native resources, of the United States, are calculated to excite, in the councils of a nation aiming at universal dominion upon the ocean. In the month of April, 1813, the inhabitants of Poplar Island, in the hay of Chesapeake, were pillaged ; and the cattle and other live stock of the farmers, beyond what the enemy could remove, were wantonly killed.* In the same month of April, the wharf, the stores, and the fishery, at Frenchtown Landing, were destroyed, and the private stores, and store- houses, in the village of Frenchtown, were burnt. f In the same month of April, the enemy landed repeatedly on Sharp's Island, and made a general sweep of the stock, affecting, however, to pay for a part of it.$ On the 3d of May, 1S13, the town of Havre de Grace was pillaged and burnt, by a force under the command of admiral Coekburn. The British •fficers, being admonished, "that with civilized nations at war, private property had always been respected.*' hastily replied, "that as the Americans wanted war, they should now feel its effects : and that the town should be laid in ashes." They broke the windows of the church; they purloined the houses of the furniture ; they stripped women and children of their clothes; and when an unfortunate female complained, that she • See the deposition of William Sears. J See the deposition* of Frisi.y Anderson ami Cordelia Penniugton. f See Jacol* Uibkou'i) Ueijoaitiua, «ou!d not leave her house with her little children, she was unfeelingly told, "that her house should be burnt with herself and her children in it."* On the 6th of May, 1813, Frederickstown and Georgetown, situated on Sassafras river, in the state of Marylaud, were pillaged and burnt, and the adjacent country was laid uaste, by a force under the command of admiral Cocfcburn ; and the officers were the most active on the occasion.! On the 22d of June, 1813, the British forces made an attack upon Crancy Island, with a view to obtain possession of Norfolk, which the commanding officers had promised, in case of suceess, to give up to the plunder of the troops.| The British were repulsed; but enraged by de- feat and disappointment, their course was directed to Hampton, which they entered on the of June. The scene, that ensued, exceeds ail power of description ; and a detail of facts would be offensive to the feel- ings of decorum, as well as of humanity. A defenceless and unresisting town was given up to indiscriminate pillage; though civilized war toler- ates this only, as to fortified places carried by assault, and after summons*. Individuals, male and female, were stripped naked ; a sick man was stab- b%d twice in the hospital; another sick man was shot in his bed, and in the arms of his wife, who was also wounded, long after the retreat of the American troops; and females, the married and the single, suffered the extremity of personal abuse from the troops of the enemy, and from the infatuated negroes, at their instigation. "§ The fact^ that these atrocities were committed, the commander of the British fleet, admiral Warren, and the commander of the British troops, sir Sidney Beckwith, admitted, without hesitation ;|| but they resorted, as on other occasions, to the un- worthy and unavailing pretext of a justifiable retaliation. It was said, hy the British general, "that the excesses at Hampton, were occasioned by an occurrence, at the recent attempt upon Craney Island, when the British troops in a barge, sunk by the American guns, clung to the wreck of the boat ; but several Americans waded off from the island, fired upon, and shot these men." The truth of the assertion was denied ; the act, if it had been perpetrated by the American troops, was promptly disavowed by their commander ; and a board of officers appointed 1o investigate the facts, after stating the evidence, reported "an unbiassed opinion, that the charge against the American troops was unsupported ; and that the char- acter of the American soldiery for humanity and magnanimity, had not been committed, but on the contrary confirmed.^ The result of this enquiry w as communicated to the British general ; reparation was demanded ; but it was soon perceived, that whatever might personally be the liberal dispositions of that officer, no adequate reparation could be made, as the conduct of his troops was directed and sanctioned by his government.** * See the deposition of William T. Kitlpatrick, James Wood, Itosnnna Moore, and R. Mansfield. f See Uie depositions of John Stavely, William Speneer, Joshua Ward. James Scanlan. Richard Barnabv, F B. Chandlear, Jon than Greenwood, John Allen, T. Robertson, M. N. Cannon, and J T. Vearv . * See general Taylor's letter to the secretary at war, dated the 2.1 of Julv, 1813. § See the letters from general Taylor to admiral Warren, dated the 29th of tunc, 1813 ; to general sir Sidney Beckwith, dated the 4th and 5th of July, 1813 ; to the se- cretary of war, dated the 2d of July, 1813; and to captain Myers, of the last date. See, also, the letter from major Crutchfield to governor Barbour, d .ted the 20th of June. 1813; the letters from capt Cooper to lieutenant governor Mallory, dated in July 1813 ; the report of Messrs Griffin and Lively to major Crutchfield.dated the 4th of July 1813; and col. Parker's publication in the Enquirer. ft See admiral Wairen's letter to general Taylor, dated the 29th of June, 1813; sir Sidney Beckwith's letter to general Taylor, dated the same day; and the report of capt. Myers to general Tavlor, of July 2, 1813. "jf See the report of the proceedings of the board of officers, appointed by the general order, of the 1st of July, 18! 3. ** See gen. Taylor's letter to sir Sidney Beckwitb, dated thsothof July, 1813 ; a»dUu> answer of. (.he following day. 44 During the period of these transactions, the village of Lewistown, near t lie capes of the Delaware, inhabited chiefly by fisherman and pilots, and (l>e village of Stonington, sealed upon the shorts of Connecticut, were unsuccessfully bombarded. Armed parties, led by officers of rank, landed daily from the British squadron, making predatory incursions into the open country ; rifling and burning the houses and cottages of peaceable nnd retired families ; pillaging the produce of the planter and the fanner; (their tobacco, their grain, and their cattle :) committing violence on the persons of the unprotected inhabitants; seizing upon siaves, wherever they could be found, as booty of war; and breaking open the eolhns of the dead, in search of plunder, or committing robbery on the altars of a church at Chaptico, St. Inagoes and Tnppahanuock, with a sacrilegious rage. But the consummation of British outrage, yet remains to be stated from the awful and imperishable memorials of the capital at Washing- ton. It has been already observed, that the massacre of the American prisoners, at the river Raisin, occuired in January, 1813 ; that through- out the same year, the desolating warfare of Great Britain, without once alleging a retaliatory excuse, made the shores of the Chesapeake, and of its tributary rivers, a general scene of ruin and distress; and that in the month of February, 1814, sir George Prevost himself, acknowledged that the measures of retaliation, for the unauthorized burning of New- ark, in December, 1813, and for all the excesses, which had been im- puted to the American army, was, at that time, full and complete. The V. States, indeed, regarding what was due to their own character, rather than what was due to the conduct of their enemy, had forborne to au- thorize a just retribution ; and even disdained to place the destruction of Newark to retaliatory account, for the general pillage and conflagration which had been previously perpetrated. It was not without astonish- ment, therefore, that after more than a year of patient suffering, they heard it announced in August, 1S14, that the towns and districts upon their coast, were to be destroyed and laid waste, in revenge for unspe- cified and unknown acts of destruction, which were charged against the American troops in Upper Canada. The letter of admiral Cochrane was dated on the ISth, but it was not received until the 31st of Au- gust, 1814. In the intermediate time, the enemy debarked a body of about five or six thousand troops at Benedict . on the Patuxent. and by a sudden and steady march, through Bladensburgh, approached the city of Washington. This city has been selected for tie seat of the American government; but the number of its houses does' not exceed nine hundred, spread over an extensive site ; the whole number of its inhabitants does not exceed eight thousand ; and the adjacent country is (Jtinlj populated! Although the necessary precautions had been order- ed, io assemble the militia, for the defence of the city, a variety of causes combined Io render the defence unsuccessful : and (he enemy took pos- sesion of Washington, on the evening of the 24th of August, isii. r \ lie commanders of the British force, held, at that time, admiral Coch- r.iin ' : s desolating order, although it was then unknown to the govern- ment and the people of the United Slates ; but conscious of the danger ol' .,» distant a separation from the British Beet, and desirous, by every plausible artifice, to deter the citizens from flying to arms against the invaders, the} disavowed all design of injuring private persons and pro- perty, and gtfve assurances of protection, wherever there was submis- sion. General Ross and admiral Cockbum then proceeded in person, to direct and superintend the business of conflagration ; in a place, which had yielded to their arms, which was unfortified, and by which no hos- tility was threatened. They set lire to the capital, within whose walls, were contained, the hulls of the cougress of the United States, the hull of their helghest tribunal for t he administration of justice, the archives of the legislature; and the national library. They set fire to the edifice) which the United States had erected for the residence of t!icir chief magistrate. And th6y set fire to the costly and extensive buildings, erected for the accommodation of the principal officers of the government', in the transaction of the public business. These magnificenl monuments of the progress of the arts, which America had borrowed from her parent Europe, with all the testimonials of tHStli a:u * literature winch they contained, were on the memorable night of the 24th of August, consigned te the flames, while British officers of high rank and com- mand, united with their troops in riotous carousals, by the light of the burning pile. But the character of the incendiary had so entirely superceded the character of the soldier, on this unparalleled expedition, that a great por- tion of the munitions of war, which had not beeu consumed, when the navy yard was ordered to be destroyed upon the appoach of the British troops, were left untouched ; and an extensive foundery of cannon, ad- joining the city of Washington, was left uninjured ; when, in the night ot the 2.5th of August, the army suddenly decamped, and returning, with evident marks of precipitation and alarm", to their ships, I. ft the m'termeUt of their dead, and the care of their wounded, to the enemy, whom they had thus injured and insulted, iu violation of the laws of civilized war. The counterpart to the scene exhibited by the British army, was next exhibited by the British navy. Soon after the midnight flight of general Ross from Washington, a squadron of British ships of war ascended the Potomac, and reached the (own of Alexandria, on the 27th of August, 1814. The magistrates, presuming that the general destruction of the town was intended, asked, on what terms it might be saved. The naval commander declared, ''that the only conditions in his power to ofl'er, were such as not only required a surrender of all naval and ordnance stores, (public and private.) but of all the shipping; and of all the mer- chandise in the city, as well as such as had beeu removed, since the iSth of August." The conditions, therefore, amounted tojthe entire plunder of Alexandria, an unfortified and unresisting town, in order to save the buil- dings from destruction. The capitulation was made ; and the enemy bore away the fruits of his predatory enterprise, in triumph. But even while this narrative is passing from the press, a new retalia- tory pretext has been formed, to cover the disgrace of the scene, which was transacted at Washington. In the address of the governor in chief to the provincial parliament of Canada, on the 24th of January, 1S13, it is asserted, in ambigious language, "that, as a just retribution, the proud capital of Washington, has experienced a similar fate to that inflicted by an American force on the seat of government, in Upper Canada." The town of York, in Upper Canada, was taken by the American army under the command of general Dearborn, on the 27th of April, 1813 J* and it was evacuated on the succeeding 1st of May; although it was again visit- ed for a day, by an American squadron, under the command of commodore Chauncy, (in the 4th of August. f At the time of the capture, the enemy, on his retreat, set fire to his magazine, and the injury produced by the explosion was great and extensive ; but neither then, nor on the visit of commodore Chauncy, was any edifice, which had been erected lor civil uses, destroyed by theauthority of the military or the naval commander; and the destruction of such edifices, by any part of their force, would have beeu a direct violation of the positive orders which they had issued. On * See the letters from general Dearborn, to the secretary of war, dated the 27ih and 28th of April, 1813. f See the letter from commodore Chauncy to thcs^crcta>y of the navy, dated the 4lh Of August, 1813, 46 both occasions, indeed, (he public stores of the enemy were authorized tu be siezed, and his public storehouses to be burnt ; but it is known that, private persons, houses, and property, were left uninjured. If, therefore, sir George Prevost deems such acts indicted on "the se;it of government in Upper Canada" similar to the acts which were perpetrated at Wash- ington, he has yet to perform the task of tracing the features of similarity ; since, at Washington the public edilices which had been erected for civil uses, were alone destroyed, while the munitions of war, and the foundaries of cannon, remained untouched. If, however, it be meant to affirm that the public edifices, occupied by the legislature, by the chief magistrate, by the courts of justice, and by the civil functionaries of the province of Upper Canada, with the provin- cial library, were destroyed by the American force, it is an occurrence which has never been before presented to the view of the American gov- ernment, by its own officers, as matter of information; nor by any of the military or civil authorities of Canada, as matter of complaint ; it is an occurrence which no American commander had in any degree au- thorized or approved ; and it is an occurrence which the American gov- ernment would have censured, and repaired with equal promptitude and liberality. But a tale told thus out of date, for a special purpose, cannot command the confidence of the intelligent and the candid auditor ; for, even if the fact of conflagration be true, suspicion must attend the cause for so long a concealment, with motives so strong for an immediate disclosure. When sir George Frevost, in February, 181-1, acknowledged, that the measure of retaliation was full and complete, for all the preceding misconduct imput- ed to the American troops, was he not apprized of every fact, which had occurred at York, the capital of Upper Canada, in the months of April and August, 1813 ? Yet, neither then, nor at any antecedent period, nor until the 24th of January, 1815, was the slightest intimation given of the retaliatory pretext, which is now ottered. W hen the admirals Warren and Cochrane vere employed in pillaging and burning the villages, on the shores of the Chesapeake, were not all the retaliatory pretexts, for the barbarous warfare known to those commanders ? And yet, "the fate in- flicted by an American force on the seat of government in Upper Canada/' was never suggested, in justification, or excuse ? And, finally, when the expedition was formed, in August, 1814, for the destruction of the public edifices at Washington, was not the "similar fate which had been inflicted by an American force on the seat of government, in Upper Canada," known to admiral Cochrane, as well as to sir George Prevost, who called npon the admiral (it is alledged) to carry into efl'ect, measures of retaliation, against the inhabitants of the United States ? And yet, both the call, and t lie compliance, are founded (not upon the destruction of the public edifices at York, but) upon the wanton destruction committed by the American army in Upper Canada, upon the inhabitants of the province, for whom alone reparation was demanded. An obscurity, then, dwells upon the fact alledged by sir George Prevost, which has Dot been dissipated by inquiry. Whether any public edifice was improperly destroyed at York, or at what period the injury was done, if •lone at all, and by what hand it was inflicted, are points that ought to have been -stated, when the charge was made : surely it is enough, on the part of the American government, to repeat, that the fact alledged was never before brought to its knowledge, for investigation, disavowal, or reparation. The silence of the military and civil officers of the provincial government of Canada, indicates, too, a sense of shame, or a conviction of the injustice of the present reproach. It is known, that there could have been no other public edifice for civil uses destroyed in Upper Canada, than the house of the provincial legislature, a building of so little cost and orna- nieul, as hardly to merit consideration ; and certainly attbrding neither 47 parallel nor apology, for the conflagration of the splendid structures, which adorned t lie metropolis of the United States. If, however mat house was indeed destroyed, may it not have been an accidental consequence of the confusion, in which the explosion of the magazine involved the town ? Or, perhaps it was hastily perpetrated by some of the enraged troops in the moment of anguish, for the loss of a beloved Commander, and their companions, who had been killed by that explosion, kindled as it was by a defeated enemy, for the sanquinary and unavailing purpose; Or, in fine, some suffering individual, remembering the slaughter of his brethren at the river Raisin, and exasperated by the spectacle of a njtfnan scalp, sus- pended in the legislative chamber, over the seat of the speaker, may, in the paroxysm of his vengeance, have applied, unauthorized and unseen, the touch of vengeance and destruction. Many other flagrant instances of British violence, pillage and confla- gration, in defiance of the laws of civilized hostilties, might «e added to the catalogue, which has been exhibited ; but the enumeration would be superfluous, and it is time to close so painful an exposition of the causes and character of the war. The exposition had become necessary to repel and refute the charges of the prince regent, when, by his declaration of January, 1813, he unjustly states the United States to be the aggressors in the war; and insultingly ascribes the conduct of the American govern- ment, to the influence of French councils. It was also necessary to vindi- cate the course of the United States, in the prosecution of the war ; and to expose to the view of the world, the barbarous system of hostilities, which the British government has pursued. Having accomplished these purposes, the American government recurs, with pleasure, to a contempla- tion of its early and continued efforts, for the restoration of peace. Not- withstanding the pressure of the recent wrongs, and the unfriendly and illiberal disposition, which G. Britian has, at all times, manifested to- wards them, the United States have never indulged sentiments incompat- ible, with the reciprocity of good will, and an intercourse of mutual benefit and advantage. They cau never repiue, at seeing the British nation great, prosperous, and happy ; safe in its maritime rights ; and powerful in its means of maintaining them : but, at the same time, they can never cease to desire, that the councils of Great Britain should be guided by jus- tice, and a respect for the equal rights of other nations. Her maritime power may extend to all the legitimate objects of her sovereignty, and her commerce, without endangering the independence and peace of every other government. A balance of power, in this respect, is as necessary on the ocean as on the land : and the control that it gives to the nations of the world, over the actions of each other is as salutary in its operation to the individual government, which feels it, as to all the governments, by which, on the just principles of mutual support and defence, it may be exercised. On fair, and equal, and honorable terms, therefore, peace is at the choice of Great Britain ; but if she still determine upon war, the United States, reposing upon the justness of their cause, upon the pat- riotism of their citizens ; upon the distinguished valor of their land and naval forces ; and, above all, upon the dispensations of a beneficent Providence ; are ready to maintain the contest, for the preservation of the national independence, with the same energy and fortitude, which were displayed in acquiring it. Washington, February lo, 181?, Printed and published by Thomas G. 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