. ;; ,. ..,:■;, ■ ,. : • ,,;;,;: ...,..: , , .. ,. , E 357 .M15 LIBRARY OF CONGRESS 0000507^70^ If. % • ••• * vv 0« • REFLECTIONS ON THE LAW OF 1813, LAYING AN EMBARGO ON ALL SHIPS AND VESSELS IN THE PORTS AND HARBORS OF THE UNITED STATES. BY SAMUEL M ■urging that its great length precluded the possibility of correctly understanding all its principles; but the mo- tion was overruled; and the bill, containing about twenty sections, passed through all the* formula of legislation in the lower house in the space of six or seven hours. On a question which went to try the passage of the bill, we voted in the negative; and we say respectively that we did it conscientiously, after the best consideration which we could give the argu- ments on each side. We say arguments, for as to the evidence of facts, we had none, unless a few detached newspaper statements were to be considered as such. This bill was rejected in the Senate by a majority of one or two votes. At an curiy day in the winter session of IS 13, the President, by a confidential communication to both houses, recommended cm embargo, and the subject was Liken up in great haste in the house of Represen- tatives and passed. '1 "iie communication of the Presi- dent was unaccompanied by any evidence of facts, i evin- cing the existence of the evil intended to be guarded against by the law; and a motion, made with a view to draw from him any evidence in his power, which would serve to show the extent of the evil intended to be prevented by the passage of the law, was overruled, and the bill very hastily passed. We say respectively, that we gave the subject matter the best consideration which the knowledge wc possessed enabled us, and would cheerfully have heard any arguments in its fa- vor; but those in its favor did not deign to offer any; and wc conscientiously voted against its passage. We deem it proper to state, before we proceed to examine the policy of the embargo, that we have re- peatedly expressed our opinion that the present war with Great Britain is founded on just cause, that we have voted the collection of tuxes, and for other mea- sures with a view to its vigorous prosecution; and do respectively aver, that we will heartily concur in any measure which will have, in our opinions, but the ap- pearance of actively and efficiently operating upon cur enemy, so that the balance of injury resulting may be in our favor: but against measures that will produce most injury to ourselves, we do protest, as not calcu- lated to bring the war to a happy conclusion. We will now proceed to consider the policy of the present embargo law: in the prosecution of which, we will first consider its effects upon the enemy: second- ly, we will consider it* effects upon ourselves. The result of this enquiry, if we are net greatly mistaken, will show that in all reasonable probability, the balance A 2 6 of injuries resulting from Ihe measure will be greatly against us. We do not deny that the British have drawn some supplies from our country by trading with some of our own citizens, in a manner highly to be deprecated} to what extent we know not, but do not believe it has been to the extent which some pretend to believe. But while we admit this fact, we do not hesitate to ex- press it as our opinion, that the passage of the embar- go will only affect this evil in a partial degree. The candid must admit, that those who have not been here- tofore restrained from the practice by the love of coun- try, nor the pains and penalties consequent upon a conviction of treason, will notwithstanding the passage of this law, pursue their old course if practicable an 'I profitable; and wc really believe, bom our vast length of sea coast, our numerous small inlets, combined with the aid which may be derived from the blockading squadrons of the enemy, that such practices will pre- vail in some degree, in despite of all the exertions of the government under the provisions of the embargo; and that they will draw to themselves some of our most suitable commodities. We admit that the purchase of some of our commo- dities through the medium of neutrals, may, in some small degree, profit the enemy., .the amount of this advantage we believe to consist of the difference be- tween a high and higher price But, after making this admission, we feel authorised to say, that the idea of starving the fleets and armies of Great Britain by the passage of this law, is a perfect chimera; neither can we believe, from what we know of cur enemy, and the condition of the world, that its pressure in any way can be such as to dispose her to do us justice Great Britain has her thousand ships of war; she has a great number of merchant vessels; she can have the aid of all neutrals; and she can raise from eighty to one hundred millions pounds sterling per annum: these are her means for fuirchase and tranapcriutiov; and the ports of the world, (1) with the exception of Trance and its dependencies, Den murk and America, are open to her. We excepted France (2) improperly, because we know from past experience, if a good price in English guineas, or articles suitable to the maintenance of his armies can be obtained, Buonaparte will permit every particle of surplus produce in France to go to the ene- my. Is there, then, any person pretending to a know- ledge of the various regions of this globe, and the con- dition of the inhabitants thereof, who can say, in candor, that Great Britain will not have it in her power to victual her fleets and armies without our products; and tlYat she may not have the requisite supply of military stores and articles used in their manufactories? If there is any sue!), we expect net to convince them of the propriety of our vote. We pretend not to the most exact knowledge of the products of the various regions of the earth, and the condition of its inhabitants; but we believe we knew that Russia, containing a population of. about forty mil- lions, are nearly all agriculturists, and that vast quan* lilies of grain, naval and military stores, can be drawn from it by the way of her large navigable rivers, the Baltic and. Black seas; that Sweden can furnish large supplies of naval and military stores; that large quan- tities of provisions can be drawn from the interior ci' Germany, through Prussia; that large quantities Of bread-stuff', cotton, and provisions, can be drawn from the Turkish possessions bordering on the Black sea, the Levant and Mediterranean; that large quantities of cotton, and some bread-stuffs, can be obtained from Egypt; that bread-stuffs can be obtained from the coast of the Mediterranean called the Barbary coast; that large quantities of provisions, &c. can be obtained from Brazil; and that cotton can be obtained from sundry of the islands in the Atlantic and Gulf of Mexico. We hesitate not to say, from any researches we have been able to make, that our enemy can be abundantly sup- plied without our products. We know that many of (1) See note at the end. (2) See note at the end. the countries which we hare named equal ours in fertility, if the common authorities are to be relied on; and that nothing but our superior industry and enter- prize has enabled us to supplant them. But upon this subject let experience speak. In December 1807 a general embargo law was passed, in the hope that Great Britain and France, or one of them, from the loss of the products of our country, would feel such a pressure as would convince one or both of them of the policy of doing- us justice This law was passed under circumstances far more ausfiicious than the present, and it remained in force about fourteen months: dur- ing its existence. Sp'ajn and Portugal were almost en- tirely in possession of Buon .parte, in the name of Jo- seph Buonaparte. This is not novo the case. In the month of June, after its passage, Buonaparte overthrew the emperor of Russia at the buttle of Fried land, and in> mediately chew him into the continental system of prohibiting commerce with Great Britain, and conse- quently her enemy. It is riot so tloiv.. .jKu&sia is the ally of Englandi During its existence Prussia was under the direction of Buonaparte, and low she is the ally of England: dining its existence Austria declared she would have no commercial intercourse with Bri- tain, and How she is the ally of Britain: during its con- tinuance England was in a state of war with Turkey, and Turkey is no$t> neutral Tliis state of things be- tween England and the various nations mentioned, combined with our embargo, so much more strongly calculated to bring her to a sense of justice, and to forego her favorite system of the monopoly of all com- merce, failed to produce the end desired. She was no doubt hard pressed; but her fieo/ile, her fleets, and ar'i ies. were not starved; her factories, although in- jured, were still carried on; and she refused to do us lhat justice which we demanded. Her pride, too, at that time, was not so strongly assailed as .tt the present crisis': we ..like complained of French and British ag- gressions, and professed to operate on them both. If our view is correct, the plain inference is, that the pas- Sage of the embargo will have no other effect than to subject our enemy to some additional inconvenience m the prosecution of the war, and to compel them to pay somewhat higher for bread-stuffs, and such other arti- cles as they have heretofore drawn from this country; and, indeed, it maybe all resolved into the dhaivMage of tuiying a higher price. This wc confidently believe will never produce such a pressure as to induce them to yield the points m controversy. We now propose to examine the effects ot the em- bargo on the people of these states. By the passage ot this embargo law, all hope of increa.hig the specie of this country is cut of; and the forty or fifty .(3) milhbns of dollars worth per annum, cf articles for foreign mar- kets, the produce of our soil and industry, is aid snugly bv to waste by the operation of time and accident. This, to our view, is a great er*7....we cannot but be- lieve there will be occasional drains of specie, and without a correspondent increase, it must become scarce, and the energies cf the nation palsied lor its want. Money, to a nation, situated as ours, is like vital air to the body natural; as the body natural must cease to act when a -sufficient portion of vital air is warning; so, when the specie of our country is drained, the ener- gies of the nation will be paralized. But it will be perhaps said, that the enemy, by the means of their blockading squadrons, will prevent the exportation of our products. This, we believe, they can only partially effect with all their exertions: the vast length of our sea coast from the extreme of Maine to the Gulf of Mexico, our many inlets, and the aid of heutrate, combined with the activity and enterprise of our merchants, will enable us to export much, \\ e have been informed, and believe.tnat several shipments have been made from No, folk, with good faith, through the darkness of the nights; that during the autumn and winter, blockading squadrons cannot he off the port ol New Orleans, without imminent risque oi destruction; tej See note at the end. 10 and consequently, that vessels may, from that port, seize favorable opportunities and get to sea. By the passage of this law, the agriculturists and distillers of our countr/, at the same time that they are called upon by ihe government to contribute towards its support, are denied the mtans of raising the money; for the merchants cannot be expected to purchase from them, when they cannot hope to be able to export fairly. By the passage of this law, merchants who have bought on credit, will be subjected to ruin in many instances; and their creditors participate in their losses. Instead of active enlerprizing traders, watching and siezing the favorable opportunity of fairly enriching themselves and the farmers, and adding to the national stock, we will have a band of idlers, reviling our go- vernment. This law will certainly not hear as oppres- sively on the people of the western country as on many in the eastern: such was the fact with respect to the embargo of 1807; and yet we believe we could name many in the west who were ruined by the operation of that law. We can now make no estimate of the injury sustained by our enemy; and we know that we sustain- ed great losses without seeing the end produced, which was expected. Bv the nas^.."'" -jf this law, nearly the whole of the revenue to be derived from the importation of foreign merchandize is cut off; for neutrals cannot be expect- ed to resort much to our ports, when they are deprived of the advantage of the profits upon a return cargo; and our own merchants are prohibited from yoinp; out to sell or purchase. From this source, live millions of dollars have been expected to be raised; a sum nearly equal to the sum expected from all our internal reve- nues; consequently, to meet the defalcation, our in- ternal revenues must be marly doubled. To double the taxes, and cut off the sources lor procuring the money, at the same time, seems to us irreconcileuble with the maxims of prudence. 11 By the passage of this law, we shall be almost entire- ly deprived of the importation of some articles abso- lutely necessary to our existence: the article of salt is now excessively high in all the eastern states; and the probability is, that there will not, in the space of a year, be enough for the consumption of the country, home may have barely enough at an enormous price; others, and particularly the poor, none. VVe really cannot see the wisdom or propriety of im- posing a tax on the cafiacitij cf stills, solely engaged in making spirits from foreign materials, and immediate- ly afterwards prevent the owners from obtaining the materials for carrying on their distilleries: yet it is a fact, that there are a number of such distilleries, in which large capitals are vested; and this law will clear- ly prevent almost the whole of them from pursuing their business. In regard to this matter, we are in this dilemma, cither the nation must lose the revenue by the failure of the owners to take licences, or, the dis- tillers be shortly ruined. We believe that the passage of this law will lead to prosecutions almost without number, and to perjuries al- most correspondent. There are some persons we grant so patriotic and so respectful to the powers that be, that ihey would not escape utter ruin by the violation of an act of their government; but this is not the temper of more than a majority: many, in the sunshine of pros- perity, will amuse us with handsome declarations of their willingness to undergo privations for the sake of their country's good, who, in the days of trial and adver- sity, will prove that they w r ere not sincere, or that they did not know themselves. Under this law, the strongest imaginable tem/itations will present themselves; to the avaricious, the prospect of a vast price, combined with the want of moral principle, will tempt to elude its operation, even in trading with our enemy; the manu- facturer, whose progress in business depends entirely upon the importation of some foreign article, will be stongly tempted to its violation; to the merchant, who 12 has on hand a large quantity of articles of American growth, which he is indtblvd for, and who may expect to be ruined, unless he makes a speedy sale, the temp- tation is excessively strong; and if we add, that himself and a beloved family are to be saved thereby from poverty and distress, the temptation would be almost irresistible. These temptations will occur, under all the circumstances we have stated; many violations and evasions will occur with various shades of moral im- propriety, and among the various shifts to elude the penalties of the law consequent upon its violations, many perjuries may be expected. A wise government wiil be careful not to extend its penal code to acts not in themselves immoral, without the most evident ne- cessity. This law will, in our opinion, have a very de- moralizing effect upon the commercial part of the nation, and lead to the practice of hereafter evading all our revenue laws, in relation to foreign commerce. The temptations to violations, every person will admit are strong; the situation of our coast, combined with the aid of the squadrons of the enemy, will facilitate them; actions essentially different in a moral point of view are confounded: violations will take place, and profit be the result. A band of our citizens having once profited by the violation of a law in relation to com- merce, many of them having eluded prosecutions by immoral shifts, will have their minds well prepared to evade every commercial regulation hereatter, when tempted thereto by the prospect of gain. Too many restrictions on moral conduct confound virtue and vice. We believe that many struggles will take place bc~ tivcen those attempting to violate the Iw.v, and the revenue officers and those aiding them, and this state of things may take place, upon the mere suspicion of an intention to violate; that much bloodshed may ensue: indeed it is difficult to say how far those oc- currences may extend, in rousing the people to acts of, 13 violence: but sure we arc, that many will thereby be- come, in mind, alienated from the government; and . sure wc arc, that such occurrences have a dangerous tendency, as they respect the stability of our institu- tions. Wc believe that a large portion of the energies of this nation, will be called into action for the purpose of carrying this law into operation, that would be better employed in active operations upon our enemy, and that the nation will be consequently subjected to heavy- expenses. The coasting trade, between the different states, is by this law, entirely cut off This traffic is highly im- portant in many points of view; thereby the surplus products of the states are exchanged, in a manner well calculated to add to the convenience and comfort of the whole; and a scarcity of any of the necessaries of life in one state, are replenished by others; it moreover tends strongly to cement the band of union among the several states, by a continued reciprocity of advantages. We cannot but believe, that this law will have in a considerable degree the effect of palsying and benumb- ing our industry and enterprize, in agricultural and commercial pursuits; for to us it seems clear, that the agriculturist will be less anxious to produce a large quantity of bread-stuff Sec. for market, when he per- ceives in the government a disposition to check the course of commerce, by an embargo; and it seems equally clear, that men will not enter into commercial pursuits with alacrity, when they see that after they have made the most judicious arrangements at great expense, their whole scheme, however flattering, may be blasted in an instant, by the interposition of the government. We view this measure as having the effect of a pre- mium, to all those countries capable of producing the s-ame articles for exportation as our own; and a premi- um at our present expense- and perhaps to oil' great 'loss hereafter. By wuholding our products, thosc' B 14 nations who can sell the same articles, will be enabled to get a higher price: by getting a good price, they will be excited to greater industry and to the exercise of greater skill; they will be enabled to produce a larger quantity, and become permanently our rivals to our great disadvantage. We know that there are vast countries in Europe, Asia, and America, of equal fer- tility with our own. Another of the evil effects of this measure will be the throwing a number of our sailors out of business. This seems to us almost self evident; for the ship ou li- ners cannot be expected to employ sailors when they are not permitted to navigate; consequently all beyond the number requisite to man the national war vessels and our few privateers, will be left on dry land, without money or business; and from the disposition and habits of sailors, may be expected to embrace the opportunity of going into foreign service through the medium of neutral vessels going out in ballast. How does this con/fort with the sentiment " Free trade and sailors' rights," so often repeated in the exclusively republican papers of our country ? This sentiment seems to have been for some time the burthen of our song; but sud- denly we take a course which will put down almost all trade; and which evinces the utmost disregard of the rights or interest of sailors. How variable our notes 1 We view this law as highly objectionable, on ac- count of the very extensive and und .ted as clearly as any pro- b2 IS position in the mathematics, that our enemy would make a great bargain by ceding to us her North Ame- rican possessions for an embargo for a few years. In a few years our numerous vessels, that have rivalled her in every sea, would be annihilated, and our brave and skilful tars< who have recently become the terror of her seamen and mariners, would be dispersed and lost to any useful purpose. She would then truly have the monopoly of all commerce for a very long time, with all its advantages. We have yielded it to her for a time We have, fellow citizens, in our opinion, fairly stated some of the most prominent objections to the passage of this law: many others without doubt could be made by men more conversant with commercial affairs. If our view is correct, the just conclusion is, that the in- juries resulting to this nation by the passage of the law, will be many and very grievous, such as we will see and feel; while the injury resulting to our enemy* will be inconsiderable, of which we will never be sensible; and which will be in no wise calculated to shorten the present ivar. It is a state of things which she can probably endure for a much longer time than we can. We expect that there are some who will cry out that We are disposed to feed our enemy; and who, from a contracted view of the state of the world, believe that ive alone, among all the nations of the earth, have bread- stuffs to sell; and have it in our power, instantly, to put an end to the war by an embargo: to these we say, that xve despise all commerce between our citizens and our enemy; and will heartily join in any law for punishing such intercourse: but we can see no good reason why ■we should sacrifice all the products of our soil and in- duslry, when a vast portion of them might be sold to neutrals, merely because some of them may be sold by the neutrals to our enemy. This policy savours too much of the course of the animal in the manner of hay. Againsi the products of the great manufacturing es- tablishments of our enemy, one of the principal sources 19 of that active wealth which enables them to trade and fight, our non-importation law is pointed: if it is not sufficiently guarded, we will heartily aid in endeavoring to make it more effectual. We thin k we can see a good reason for abstain- ing from the purchase or use of the merchandize of our enemy; but we are not able to see the good policy of withholding all the products of our soil and industry from all the world, because a part may be carried to British markets. Buy little, and stll much, we believe to be good policy; because thereby our monied capital will be increased, and the energies of the nation brought to operate with the greater facility. From the picture which we have here given of Bri- tish power and resources, some may conclude that we believe the contest hopeless: to those we say, that we have, and would still, under a proper course of war policy, hope for bringing the war to an honorable conclu- sion. We have trusted and believed, that by excluding- their goods from our market, by active, judicious, and vigorous warfare on their Canadian and other provinces in North America, combined with active, judicious, and vigorous operations on the ocean against their ships and commerce, through our national vessels of war and privateer cruisers, we would convince our enemy that it was most politic to do us justice, and give up their favorite project of monopolizing the commerce of the world. In submitting these observations, we are willing to admit that personal considerations have had much in- fluence. We believe that many worthy men in this nation have been driven out of the pale of popular favor by a little newspaper ranting, giving to the peo- ple all that can be said on one side, and withholding all on the other Indeed, we believe this matter is sys- lematised, and when applied to a public charactet, is called " writing him down." We have determined not to be written down tamely and quietly; and we be- lieve also, that it is important that the people should, 20 in nil cases of moment, hear and weigh the arguments on both sides. Under this impression, and with a view to our justification, we have offered the foregoing re- marks. We have the chav'ity- to believe that many wise honest men differed from us upon the subject of the embargo; and we wish the same charity extended to ourselves. We do not like the practice of denouncing and \vriti>ii( down. 21 NOTES. The following statements are subjoined, with a vie,\v to the support of our remarks as to the ability of oub enemy to supply herseli with bread-stuffs, &x. and to show the amount of our loss by this prohibition of all commerce. •fl)The quantity of grain exported from the ports of the Baltic, all of which, except Bushels. the polls of Denmark, are now open to British commerce, in 1801 amounted to 16,098,032 The exports of grain from the same ports in 1802, (of which 17,595,834 bushels were wheat and rye) amounted to - 20,758-650 Jreland exports some grain every year in 181 I Ireland exported to England - 2,591,418 And from the 5th of January 1811 to the 5th of March 1812, the exports of grain from Ireland, to England, Spain, and Portugal, amounted to 1,436,813 bar- rels, and by reckoning the barrel to con- tain 5 bushels, amounts to - - 7,184,065 The precise amount of grain exported from the Mediterranean cannot be as- certained by us. It is known, however, that all the immense countries border- ing on the Mediterranean are very fer- tile, and happily adapted to the growth of wheat: it is also known, that large quantities are exported from thence every year. We do not believe it would be extravagant to set down the exports from that quarter as equal to those of the Baltic: we, however, set them down at half the amount, say - - - 10,000,000 \\e will now state the amount of grain im- ported Into England, taking the average of 10 years. 22 From 1775 to 1786, the average impou- Bushels. tation of wheat and flour was - - 1,-5 32,776 from 1787 to I79S, the average amount of each year was - 2,4.96,544 And from 1799 to 1810, it was - - 5,551,720 The price of grain in the ports of the Baltic is less than seventy cents per bushel: in the Mediterranean it is higher in price. We do not ask the people to take these facts on our credit. In support of the facts stated, ns to the amount and price of grain exported from the Baltic and Medi- terranean, we refer to Oddy's European Commerce, and Jackson's Reflections on the Commerce of iho Mediterranean, and to the natural history of those countries. With regard to the exports of grain from Ireland, and the quantity imported to England from all the world, we refer to documents furnished by the officers of the customs in England in February 1811, and published by order of the House of Commons. We are informed, from a source entitled to credit, that a contract was made by the British government, during the last year, with some merchants residing in Odessa on the coast of the Black sea, for 10,000,000 bushels of wheat; and the quantity was actually deliver- ed in the ports of Spain and Portugal; and did not average more than one dollar and fifty cents per bushel at the port of delivery. (2) Buonaparte eulogised the Americans for laying the embargo of 1807, and he had his views; for as soon as wheat and bread-stuffs became very high in England, by our embargo, aided by other circumstances leading to the high price, he opened a licensed trade with England, and actually sold them as much grain as the occasion required; and thus turned the losses and even the ruin of our agriculturists to his advantage. If he does not react over this scene, ii will be because there will be no occurrence of a similar opportunity. Or! V J) The following is a statement of the exports fro\j\ the United Suites, of articles the growth and product of our soil, and the exports of articles of foreign growth ?.nd product, from 1802 to 18 10: the first column shows the amount of exports of domestic products, the second the amount of exports of articles of foreign growth, and the third, the whole amount exported in each year. Exported in Domestic Foreign the year growth. grow lh. Total. 1802, £42,205,961 g 15,594,072 §55,800.033 1803, 41,467.47/ 36,231,597 77,699,074 1804, 42,387,002 53,179.019 95,566.021 1805, 41,253.727 60,283,236 101,536,968 1806, 48,699,592 59,643,558 108,343,150 1807, 9,405,702 12,997,414 22,403,116 1808, 31,405,702 20,797,531 52,203,2 3o 1809, 42,366,675 24,391,295 66,757,970 In 1 806. ...7, when the exportation of the products of American industry were higher in amount than at any former, period, amounting to 48,699,592 dollars, this sum is divided as follows: Product of the sea, fish, Sec. - S 2.804,000 Product of the forest, lumber, Sec. 5,476.000 Agricultural, bread, flour, 8cc. - - 14,432,000 Cotton and tobacco, - 19,708000 Manufactures, .... 2,409,000 Uncertain, ... - 4,072,592 Now if it could be admitted, that the whole of the surplus agricultural products of the United States were sold to neutrals, and by them carried directly to the enemy, we ask who would be most injured by the transaction? We, who received the money, the sinews of war, for produce we did not want, and could not use; or the enemy, who received from us, for their money, 24 supplies which they eould get from their allies in Eu- rope ? Can any one believe the embargo will starve the armies of our enemy in Canada? Canada, as early as 1784, exported 500,000 bushels of wheat to England, besides considerable quantities to the West Indies: Canada has ever since exported more or less grain every year; the regular troops now in that country are Ly some estimated at 12,000; the blockading squadron contains about as many more, say 25)000 in all, to bo supported; requiring about 60,000 barrels of flour for their daily rations, for twelve months. If the flour should cost the enemy live dollars per barrel more on account of the embargo, which would pay freight from the Black sea; we would only then injure the enemy to the value of 300,000 dollars; and to effect this, would injure ourselves to the amount of thirty or forty mil- lions of dollars The man who would manage his pri- vate affairs thus, would be in danger of having them judicially confided to other hands lor management, We repeat again, that men and money are, in our opinion, the only means by which Canada can or will be reduced; they are the means, and the only means, in our humble opinion, by which this war can or will ever be successfully terminated; and we cannot but re- gret to see measures adopted paralizing this potent -arm of the government, the country's best hope. (4) We have 100,000 registered seamen; of these, from ten to fifteen thousand may find employment on board our national vessels of war. What is to become of the balance ? 39 w 4> ,n. 4 *V rt V .•...«£ fc V . u / . o * » , %. A A * v *v I N d * V- V "V - - - \V ,** * ' ^