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JSY JAMES CHEETHAM, NEW-YORK: P^'^SHED BY MATTHIAS WARD] BOOKSELLER) No. 149, Pearl-Street. 1807. ^ CS] 25795 PEACE OR WAR? 1 HE President's message, neither warlike nor pa- cific, unavoidably leaves us, as it found us, in a state of incertitude, as to our differences with England. Nor is it (for it could not be) more satisfactory with regard to the most prominent feature in the misunderstanding which now interrupts the harmony of the two nations. Adverting to the project of the commercial treaty between the United States and Great Britain, which with sufficient cause the President peremptorily, and without referring it to the Senate, rejected, the mes- sage says — " Some of the articles proposed might have been " admitted on a principal of compromise, but others '' were too highly disadvantageous ; and 710 sufficient *' provision was made against the principal source ** of the irritations and collisions which were constant- " ly endangering the peace of the twonations^ I understand this principal source of irritations and collisions to be the inustering of our crews, and the impressing of such of our seamen on board our mer- 4 chant ships, as the visiting power chuses to deno7ninate British ; which Great Britain claims as a right, but which we resist as a wrong. Let us examine the claim. The practice of searching neutral merchant-ships at all, has no foundation in right : it is dictated by belligerent convenience, and enforced by power. All writers on the maritime code lay it down as an incontestible principle of primitive and universal law, that the sea is the common of all nations ; no one possessing exclusive or superior jurisdiction over it, but all having, M'hcther great or small, strong or weak, an equal right to an equal participation in its advantages, without hindrance from any. Whence, then, seeing that if all nations were always at peace, interruptions upon the ocean could not of right hap- pen, do belligerent parties derive the custom of stop- ping and searching upon the high seas neutral mer- chant ships ? Not, as is evident, from the universal law, >\hich forbids molestation ; which in the nature of things is inherent and unchangeable ; which is the same in China and in England, in France and in the United States, and to which nations may at all times recur ; but from circumstances adventitious and ex- trinsic ; from submission, dictated by weakness on the one side, and from assumption, prompted by power and pillage on the other. Such is the founda- tion of the conventional law, which it is admitted exists, and by which belligerents exercise tyranny over neutrals. But although the conventional law, imposed upofi the world for the advantage of warring powers, au- thorises search, I know of no writer on the law of nations, and I venture to say that there is not one, who extends it to the crexv of a neutral merchant- ship. *' A belligerent power has a right, even on a free <' sea, to bring a neutral vessel to, and insist on a " proof of her neutraUty :' Martens, p. 319. What neutrality ? he himself states. " A power at war," he observes, " having a right <' to hinder its enemy from reinforcing itself by the ** reception ai warlike stores, necessity may authorise " it to prevent merchandise of this kind from being *' conveyed to the enemy by a neutral power" — p. 317. The right of search is by Martens expressly li- mited to contraband of war, carried by a neutral to the enemy of the visiting power. The celebrated Azuni, who, WTiting under the patronage of the emperor Napoleon, has, on this sub- ject, carried his ideas farther than any other writer on maritime law, confines the right of search to ene- mies, on board a neutral merchant-ship, who are ac- tually in the service of the enemy ; to enemies' goods, and to contraband of -war. " The conventional law of Europe, in authorising " belligerents to prevent neutrals from carrying goods " contraband of war to an enemy, to capture the ves- " sels of enemies, and even to seize those under a " neutral flag-, must also have given the power of *' using all the means best adapted to facilitate the *' exercise of their risrhts." ** No means are more efficacious for this purpose, " than to stop and search vessels on the high seas. " This proceeding is commenced by giving a signal to approach with a speaking trumpet, or by firing cannon loaded with powder only." " Neutrals, on " their part, ought to permit this lawful and custo- " mary proceeding, and furnish to belligerents all the *' proofs which they have a well founded right to re- *' quire by force." " Since it has no other object in " view than to ascertain the neutrality announced by *' the flag, and the innocence of the cargo^ or that no " contraband goods, or goods belonging to enemies, " are on board." Johnson's Azuni, Vol. II. p. 201, 2, 6, 7. But in exercising this conventional right of search, England has, in relation to us, and I believe to us only, transcended all the rules laid down by all the writers on maritime law. From searching for con- traband of war, for enemies, actually in the service of the enemy, and for enemies' property, she has pro- ceeded, in the presence of their vexed commanders, to muster the crews of our merchant-ships, to sub- ject them to humiliating examinations, and to take of them by force those whom the visiting officer has, in the wantonness of fancy, or assurance of fact, de- nominated " British subjects." This is that "/?rm- ripal source oi ivntat'ions and collisions" to which the message alludes ; it was so under the administration of General Washington, and it has been so from the beginning of the war with France in 1793 to the pre- sent moment. To this flagrant and enormous viola- tion of our flag, we have hitherto submitted with a patience of which no equal can be found in the his- tory of suffering nations. These irritating assemblages and wrongful im- pressments are claimed and exercised by Great Bri- tain on board our neutral merchant-ships, in vio- lation of natural right and national law. England founds the right, for so she terms it, on the assumed and slavish doctrine of indissoluble and perpetual al- legiance, as if expatriation, change of country, and therefore of allegiance, is not as ancient, and will not be as immortal as man and government. Blackstone, the oracle of English law, thus sums up the doctrine of non-expatriation. " An Englishman, who removes to France or to " China, owes the same allegiance to the king of En- " gland there as at home, and twenty years hence as " well as now." Tucker's Blackstone, Vol. I. part 2, p. 369. He may by the laws of England, operating within her own limits and jurisdiction, owe such allegiance, but when, without her limits and jurisdiction, those laws clash with the laws of another state, equally sovereign and independent, the misunderstanding which may from thence arise between the two na- tions, is to be settled, not by the laws of England operating coercively on those of the United States, 8. nor by the laws of the United States operating coer- cively on those of England, but by a third power, an impartial and competent umpire — the law of na- tio?is. On this point, Vattel, who deservedly ranks among the first of the elementary writers, is full, explicit, and clear. Speaking of a man's country^ he says — " The term country seems to be very well under- " stood by every body. However, as it is taken in " different senses, it may not be unuseful to give it " here an exact definition. It commonly signifies the " state of which one is a member ; and in this sense *' we have used it in the preceding paragraphs, and " it ou^Jit to be thus understood in the law of na- " TIONS. " In a more confined sense, and more agreeably " to its etymology, this term signifies the state, or *' even more particularly, the town or place, where " our parents lived at the moment of our birth. In " this sense it is justly said that our country cannot " be changed, and always remains the same, to what- " soever place we remove afterwards. But, as se- " veral lawful reasons may oblige him to choose ano- " ther country^ that is, to become a member of ano- " ther society, so when we speak in general of the " duty to our country, we ought to understand by " this term, the state of which a man is an actual <' member^ since it is that to which he owes it entirely y " and in preference to all others.'' Vattel, New- York editign, p. 113. 9 A Britiiih-born subject then may, accordin^^ to the law of nations, if not to the laws of England, /aw- fully leave his country, throw off his natural alle- giance, and become a member of another society ; to which, having so become a member, he owes entire allegiance. It is upon this principle of natu- ral right and national law, that our naturalization act stands. And Great Britain recognises the same principle when it favours herself, although she disallows it when it operates against her. She acknowledges the right of expatriation from other nations to herself, but denies it from herself to other nations ! Her own laws^ bottomed, in this regard, upon the law of nations, naturalizes the subjects of other countries, and her force protects them when they are naturalized* Blackstone says — " Every foreign seaman, who iri " the time of war serves two years on board an Eng- *Mish ship, is ipso facto n aturalized,^^ " and all *^ foreign protestants who shall have been three 3^ears *' e-Yiployed in the whale-fishery, shall be naturalized *' to all intents and purposes as if they had been b o r jt ** WITHIN THIS KINGDOM." — Tuckcr's Biackstouc^ Vol. I. part 2, p. 375, 6. Sufficient, perhaps, has been said to establish the fact, which no man it seems to me can either mis- conceive or resist, that by the laws of England, as well as by the law of nations, the rights of expatria. tion and adoption are complete. With, therefore, a very few adcUtional sentences in illustration of the B 10 great wrong committed by Great Britain, and for many years, murmuringly indeed, suffered by us, I tvill take my leave of this branch of the subject. If the naval officers of Great Britain were to step upon our shore ; to come, for example, into this city, assemble our citizens,examine who among them were, in the opinion or according to the caprice of the visit- ing officer, British subjects, and to take away by force such as they pronounced to be so, every man with his eyes open, would see the outrage, and instantly and •with effect resist it. In this assertion I am not mis- taken. There could in such a case be no variety of opinion, no difference of feeling. And why would this be an outrage ? Can any other answer be given than because it would be a barefaced violation of our sovereignty, which pro- tects alike, within its limits, the alien and the citi- zen. Now it is a first principle in municipal and national law, a principle which has never been either denied or questioned, even by Great Britain herself, that a merchant- ship is in law and fact, and to all intents and purposes, a part of the sovereignty iuid territor}'' ©f the nation to which she belongs. W'hat differ- ence then is there in point of right, between mus- tering the crew on the deck of a merchant-ship for inquisition and impressment, and assembling our ci- tizens on shore for the same purposes ? There is none. The conventional right of search, for contra- band of war ; for enemies, and for enemies' proper- 11 ■ty, to which it is limited, does not Inchide the insult of mustering the crew of the neutral merchant-ship, and the wrong of taking away her sailors by force. But although the practice of England, every day becoming more oppressive, is justifiable cause of war, yet the President, administering the govern- ment as far as he consistently can according to the opinions and wishes of the people, was willing to continue the long protracted negotiation on the sub- ject of impressments. ^' Still anxious," he says, in his late message, *' not *' to close the door against friendly adjustment, new " modifications were framed, ^w^ further concessions " authorised, than could before* have been supposed " necessary : and our ministers were instructed to *' resume their negotiations on these grounds." On what points of differenceywrMer concessions were authorised, we are not exactly told, although I think it is obvious enough, from the sentences in the message immediately preceding the passage just cited, that they have no reference to the merely commercial sti- pulations of the rejected treaty. " Some of the arti- *'■ cles proposed, "the President observes, ''might have *' been admitted on a principle of compromise ; butoth- " ers were too highly disadvantageous.'''' There could have been no need of concession in the instance of the articles which, on a principle of compromise, to which * Before the project of the comtnercial treaty ^T^^s returnad ^0 England. 12 the President seems to have been disposed, were ad- missible ; and surely concessions were not authorised in the other case ; that in which the stipulations were " too highly disadvantageous^ We are therefore unavoidably led to the conclusion that the authorised concessions relate to impressments only. And how has this pacific temper, this spirit of compromise and concession, so agreeable, it would seem, to the opinions of our citizens, been met : I will not yet say by the government of England, but by the Admiral commanding her naval forces on the Halifax station ? I pass over without comment, as having been somehow settled, but no one can tell how^ the murder of Pierce, a citizen of the United States, by captain Whitby, of the Leander, within, as testified by all our witnesses, our territorial limits; ' for which no reparation has been made, no satisfac- tion rendered ; not even that of knowing the evi- dence on which Whitby was honourably acquitted of the foul deed. How, I repeat, was this great inclina- tion to peace on the part of the President met by Ad- miral Berkeley, who may have had instructions from his government to proceed as he did ? As if to try how deep we could sink in the abyss of humiliation and suffering, a fresh outrage was committed, one which, although not differing in principle from the mustering and impressing of the crews of our mer- chant-ships, electrified our feelings, brought harmo- niously together jarring and dissonant parties, and excited in all an ardent desire to end bv a noble re. 13 sistance the regularly ascending and multiplied wrongs which wc had suffered from the navy of Eng- land. The reader will perceive that I allude to the attack made on the Chesapeake by the Leopard. Admiral Berkeley's instructions to Humphries, commander of the Lt opard, a 50 gun ship, directed him to bring to out of the limits of the United States, tlie Chesapeake, one of our national ships, of 44 guns, commanded by Commodore Barron, and to search her for men alleged to be British sailors, and deserters from the force on the Halifax station. In case search was refused, the instructions directed the employment of force. The Chesapeake was ac- cordingly brought to, and search demanded, but not complied with. Upon the refusal, the Leopard potir- ed several broadsides into the Chesapeake without meeting with the least resistance ! Having with coolness, but inactively, stood on the quarter-deck while the Leopard discharged her broadsides. Com- modore Barron struck his colours, when the Leopard ceasing to fire, boarded the Chesapeake, mustered her crew, and took from it four men alleged by the visiting officer to be British subjects. This great outrage, committed upon an armed ship of a nation at peace with England, is unattended by a single circumstance of palliation. It is, however, urged by the apologists of the ag- gression in Boston, where, and where alone, they seem to be numerous, and as clamorous as they are nu- merous, and particularly by the anonymous author of 14 the pamphlet under the signature of a " Yankee Far- mer," that the sailors, not those who were actually taken from the Chesapeake by force, but those who were erroneously suj^poscd to be on board when the force was employed, were 1. British subjects. 2. Deserters from the British Iket on the station. 3. That our government knew that they were British subjects and deserters. 4. That the British minister applied to our gov- ernment for the men, who replied that they had on a former occasion stated their reasons for not comply- ing with the request, and that moreover, the men were Americans. From these assumptions the " Yankee Farmer" infers, that the outrage was pro- voked by the improper conduct of our government. I will not detain the reader by a recapitulation of the conclusive evidence recently published by our government, that the men forcibly taken from the Chesapeake were Americajis, for although the proof might add to the strength of the case on our part, by aggravating the consummate insolence and turpitude of the attack, yet since the outrage is precisely the same on national principles and national law whether the men were British subjects or American citizens, deserters or not, I will argue the point on the posi- tions assumed by the Boston apologists, that the men were British subjects and deserters. A national armed ship of a neutral countr}^ is, by tlie primitive and universal law, and by the universal 15 usages of nations, exempt from search ; and the rea- son is obvious. She is allowed to be, from her con- nexion with government, without the compass of those conventional rules which authorise the search of a neutral merchant- ship. There cannot be a pre- sumption that she is a dealer in merchandise ; that she carries to the enemy contraband of war ; that she conceals the enemy, or the property of the ene- my. The honour of the government is tacitly pledg- ed, and the pledge is received with the fullest as- surance by all belligerent nations, that in a national ship, none of the causes exists which subject neu- trals to search. The person of a British subject and deserter on board a national neutral frigate, or on board a neutral merchant- ship, is inviolable, and no more subject, by the law of nations, to be taken away from either hyforcey than frorh neutral land ; and no one pretends that British officers have a right to come into our city and take hy force their subjects and de- serters. The character of the outrage committed on the Chesapeake, is therefore not varied by ad- mitting that the men forcibly taken from her were British subjects and deserters. The fact that deser- tion, if not timely and rigorously checked, may ruin the British fleet, is one for the consideration of Entr- land alone, and she may therefore look to it ; but al- though it be a self-evident truth, it does not follow diat in the adoption and pursuit of preventive mea- sures, she may of right and with impunity commit violence on the rijjhts of other nations. 16 Having disposed of so much of the argument of right as is deemed sufficient, we will tuni to that of expediency ; I mean the exp>ediency of suiTendcring the men said to have been claimed of our govern- ment by the British minister, as British subjects and deserters ; premising, however, that in receiving ihem into our senice, it was perfectly optional \n itli our government and its officers, to inquire, or not to inquire, whether they were under any obligation to sen c another power ? I would go farther and say, that with entire knowledge that they were under such obUgations, our right to accept of their voluntary engagements, was perfect. Courtesy towards a jriendly nation mi^^ht prescribe another course ; might, indeed, have induced our government to wave the exercise of the r\ght^ and reject appli- cations for employment from such persons ; but courtesy may be dispensed with. I beg the reader not to forget, and that he may not, I here repeat, that in wh.it I have said and may hereafter say on this point, I admit, contrar}- to the testimony published by our government, and my own convictions, that the men said to have been claimed by the British mi- nister, were British subjects and deserters. A question of expediency is always a question of option. In requesting the surrender of the men, the British minister requested 2. favour. Whether, un- der the then existing circumstances of the two na- tions, it was politic to give them up, our govern- ment was the best judge. It judged, if the " Yan- 17 kee Furmer" be correct in his surmises, that it was not, and I think that it judi^ed wisely. What was our condition? The treaty of 1795, generally known as Mr. Jay's treaty, had expired, aind we were negotiating^ for a new one upon grounds mutually beneficial to the two nations, but, as it now appears from the President's message, not with very flattering prospects of success. In this state of treaty- disconnexion, England continued to heap upon us iiisult upon insult and wrong upon wrong, without manifesting a becoming disposition to do us justice in a single instance. Surely, under circumstances like these, it was the business of our government to do all that it could consistently with its neutral cha- racter to force England into such a commercial trea- ty as we had a right to expect. And if to refuse to give up deserters from the British squadron on our coast, was to di.-stress England, who will say that it was not wise in the President thus to make her sensible how necessary it was to come to reasonable terms of accommodation with us ? England had no treaty- r'lifht to a surrender of the men, and she certainly- had no claim to favour. But " nations feel power and forget right." Eng- land, as we see, could not of r'l^lit claim the men, but she had force, and Berkeley thought fit to use it in a way most insulting and offensive. The attack committed on the Chesapeake was an unjustifiable act of war. If made by the direction or c 18 with the connivance of the government of EnglancJ, then, the moment that the fact is officially ascer- tained, negotiation should cease, our ministers with- draw from the court of St. James, and our govern- ment prepare, actively and vigorously prepare, to re- dress by arms our own wrongs ; but if the outrage ■was committed contrary to the orders and intention of the British government, ample reparation is not only due to us, but, that the British government may maintain a due authority over its own officers, it should be promptly and cheerfully rendered. Of what the reparation should consist, our government, to whom is confided the great charge of preserving the honour and the interests of the nation, can best determine ; but it cannot be less than an unequivo- cal disavowal of the right of searching our national ships, under any pretence whatever ; a restoration of the men, as far as they can be restored, taken from the Chesapeake, and the cashiering of Admiral Berkeley. Until this be done, and it ought to be done quickly, the other points of difference between the two nations should remain unnoticed. Full atonement is an indispensable preliminary to all other discussions. On the supposition that such atonement will be made. Congress will determine whether, on the other fruitful source of irritation and misunderstand- ing — the impressing of the crews of our merchant- ships — it be expedient to involve the country in the ralamiiies of wur. 1 should question the expediency. 19 althou_^h I have no doubt of the ri^ht. On a sub- ject like this, mutual eompromlses and concessions* are admissible. Such was the opinion of the Presi- dent, who but a few months before the affair of the Chesapeake, directed, as he informs us in his mes- sage, a continuance of our negotiations. V\'here the honour of a countr}-, the greatest treasure in a nation's care, is not, as in this case, directly and greatly involved, nor its interests materially affected, it would be little less than madness to plunge us head- long into war. I would not, like the Parisian orator of the revolution, destroy the world to save a prin- ciple, for the principle itself might not greatly con- duce to our welfare ; but to preserve our honour, perpetuate our national independence, promote our happiness, and increase our glory, he who would hesitate to risk his all, would live without envy and die without regret. I would not, therefore, shrink from war for the calamities which it inflicts, for war is not the greatest evil which a nation can suffer. The loss of freedom, whether by domestic usurpation or foreign dominion, , is infinitely greater. The " pomp and circumstance *' of glorious war," are, indeed, accompanied by a la- mentable decay of morals, by weeping widows, by * In reference to the United States, concessions are mention- ed on the presumption that our executive has claimed of the Bri- tish government an unconditional relinquishment of imfireasvients from the crcivs of our merchmit-shi/ts. Perhaps, on this subject, the twcrgovernments may meet each other half way. 20 helpless children, and by a never- failing increase of debt and taxes ; but what evil is so great, what pang so acute, as that which is inflicted by perpetual chains ? But I would avoid war, for its great and innume- rable evils, w here, as in the case in question, the ob- ject to be accomplished by it is beyond all compari- son less valuable, whether considered in its imme- diate or its latent effects, than the preservation of peace. VV^e have, however, from war, if congress, after deliberating wisely on the subject, should determine for it, nothing extraordinary to fear. We are a young, vigorous, populous, active, and enterprising nation. Within, although assailable at some points on our extensive coast, we may, when neccssar}-, bid defiance to European power and prowess. But peace is, undoubtedly, if peace can be main- tained upon terms compatible with our honour, the substantial interest of the United States. What have twenty years of peace and government made us ? A nation powerful in population, great in enter- prize, rich in all that constitutes national riches ; a nation which, protesting against whatever may wear the aspect of flattery, is truly the admiration if not the envy of the world. From being some thirty 3ears since the colonies, we have become, as if by enchant- ment, the successful rival of the greatest commercial nation on earth. 21 And this rapid and unexampled progress, made, indeed, in twenty years, assures us, with peace, of that great point in national power and wealth, of that distinguishing elevation of the United States, that overtopping of all other nations, to which we are destined. Having done so much in a time so short, and beginning with a population of not more than three millions, what may we not anticipate from a twenty years continuance of peace ? Our own internal means, and the relations and po- licv of England and France, will throw into our hands, unless we are determined to reject, an almost com- plete and permanent monopoly of the commerce of the world. Peace between those w-arrins: nations cannot be of long continuance. While they are dissipating their strength and wasting their blood in mutual struggles for mutual destruction, xve should play the part of the sagacious and industrious bee ; we should suck the honey from the lily and the rose, and come home loaded with the riches. At peace, France will turn her attention to the acquisition of " ships, colonies, and commerce."* Can she do so without alarming England ? Colonies and commerce, according to European policy, must be protected by a military fleet. The progress of a French military fleet will be jealously watched by the British government ; and when by its growth it shall have become, or threatens to become menacing to * Ib Lotdsiana to be one of the intended colonies? 22 iIk; safety of Enj^lancl, it will be attacked and demo- lished. This policy and war are inevitable, unless, in time of peace, France will relinquish, and she will not, ships, colonies, and commerce. In all future wars between France and England, dwhig the life of Napoleon^ the European continent, probably with- out exception, will be involved. We must then, perhaps sixty of every one hun- dred years, if we can preserve peace during the con- flicts of the two nations, be the great carrier of the commerce of the world ; and our industry and re- sources, every day increasing, will enable us to be so to the gratification of our utmost hopes. Look back to our small beginning, view our pre- sent situation, and contemplate, by comparison, our future prospects. We can do so agreeably by re- curring to the progress of our revenue, which has increased with the increase of our population and in- dustry, and in which we see our influit state pleasing- ly and gradually advancing from creeping to walking, and from walking to the fullest speed of manhood. From the establishment of the present government in March, 1789, to Dec. ' 31, 1791, the duties on imports and tonnage amounted to 54,399,000, yielding an annual average of about 82,000,000 In 1792, the duties on imports and ton- nage were 3,579,000 In 1793, 4,344,000 In 1794, 4,843,000 ^3 In 1795, 5,588,000 I'^ 1796, 5,770,000 In 1801, about 10,000,000 In 1805, more than 12,000,000 (exclusive of the Mediterranean fund.) And now the President tells us in his ^ message, that the receipts in the trea- sury for the year 1806, amount to 816,000,000, of which it is probable that merchandize and tonnage have yielded 14,000,000 Some additional duty and rates has been laid, but nothing worth noticing in viewing the vast increase of revenue from those sources. In ten years, namely, from 1796, to 1806, the re- venue from the two sources has increased, we may safely say, nearly a hundred per cent ; and the in- crease of population during the same time has been fifty per cent. What would ten years more of tranquillity give us in population and revenue ? What a boundless and delightful prospect does a continued peace open to our view ! The present situation of Europe, or any other which may take place ; an European peace, could but little, if at all, affect the increase of our po- pulation by new acquisitions from abroad ; and it could not very sensibly vary the revenue derived from the two sources mentioned. Turn to the excellent application bv our govern- ment, of this increased revenue. 24 The war of the Revolution incur- red a debt [funded] of S69, 740,366 27 Increase of the debt from 1790 to 1800,* 9,462,264 88 Amount of the public debt when the present administration came into power,* 79,202,631 15 Extinguished of the principal of the funded debt by the present admi- nistration,t 25,500,000 And there is now in the treasury i^nappropriatcd,! 8,500,000 Who then, unless to revenge a great national out- rage, like that committed on the Chesapeake, al- though right as to impressments is with us, would change our peaceful and prosperous state for the de- moralizing and destructive one of war ? But, if we are to have war, let it be a vigorous, a hearty, an effectual war. " In peace, there's nothing so becomes a man " As modest stillness, and humility ; " But when the blast of war blows in our ears, " Then imitate the action of the tyger." Shakspeare. Our internal resources, untouched, are equal to any emergency, and the credit of government has no limit but its own will. We are a rich mine, from which nothing has been extracted, but from which all • Gallatin on Finance. f President's Message. ^5 that we want may be drawn. We have no internal taxes. For that reason we can better bear, and will j with the utmost ehcerfiilness pay, whatever the exi- gencies of the g^overnment may require. While England, while all Europe, is gasping beneath the weight of enormous burdens, it is our felicity alone eiike. These a<>gravations necessarily lead to the policy either of never admitting ai\ armed vessel into our harbours, or of maintaining in every harbour such an armed force as may con- strain obedience to the laws, and protect the lives and property of our citizens against their armed guests ; but the expense of such a standing force, and its inconsistence with our principles, dispense with those courtesies which would necessarily call for it, and leave us equally free to exclude the navy, as we are the army of a foreign power, from entering our limits. To former violations of maritime rights, another is now added of very extensive effect. The government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them, and being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch, or to return home without the benefit of going to any other market. Under this new law of the ocean, our trade on the Mediterra- nean has been swept by seizures and condemnations, and that in other seas is threatened with the same fate. Our differences with Spain remain still unsettled, no m'.asure having been taken on her part, since my last communications to Congress, to bring them to a close. But under a state of things which rnay favour reconsideration, they have been recently press- ed, and an expectation is entertained they may now soon be brought to an issue of some sort. With their subjects on our borders, no new collisions have taken place, nor seem imme- .diately tobe apprehended. To our former grounds of complaint has been added a very serious one, as you Vvill see by the decree, •a copy of which is now communicated. Whether this decree, which professes to be conformable to that of the French govern- ment of November 21, 1806, heretofore communicated to Con- gress, will also be conformed to that in its construction and ap- p'-i^^ation in relation to the United States, had not been ascertained 37 at the date of our last communications. These, however, gave reason to expect sucii a coiirormhy. AVith the other nations of Kurope our harmony has been unin- terrupted, and commerce and friendly intercourse have been maintained on their usual footin.asures Were immediately taken for providing against that danger ; in- structions were given to require explanations, and, with assur- ances of our coniiiRied friendship, to admonish the tribes to re- main quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, tiie tribes in our vicinity, who are most advanced in the pursuits of industry, are sincerely disposed to adhere to their friendship with us, and to their peace with all others. While those more ren.ott, do not present ap- pearances sufficiently quiet to justify the intermission of milita- ry precaution on our part. The great tribes on our south-western quarter, much advanced beyond the others in agriculture and housenold arts, appear trancjuil and identify their views with ours in propoition to their advancements. With the whole of these people in ev.ry quar- ter, I sliall contiuue to inculcate peace and friendship with all their neighbours, and perseverance in those occupations and pursuits which will best promote their own well being. Tiie appropriations of the last session, for the defence of our sea-port towns and harbours, were made under expectations, tliat a continuance of our peace would permit us to proceed in that work according to our convenience. It has been tiiought better to apply the sums then given towards the defence of New-York, Charleston and New-Orleans chiclly, as most open and most 5» likely first (o need protection, and to leave places less imme- diately in danger to the provisions of the present session. Tlie gun-boats too already provided, have, on a like principle, been chiefly assigned to New-York, New-Orleans and the Che- sapeake. Whether our moveable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form, is left to the wisdom of tlie lec^islalure. For the purpose of manning these vessels, in sudden attacks on our harbours, it is a matter for consideration whether the seamen of the United States may not justly be formed into a special mi- litia, to be called on for tours of duty, in defence of the harbours where they happen to be, the ordinary militia of the place fur- nishing that portion which may consist of landsmen. The moment our peace was threatened, I deemed it indispen- sable to secure a greater provision of those articles of military stores, with which our magazines were not sufficiently furnish- ed ; to have awaited a previous and special sanction by law, would have lost occasions which might not be retrieved. I did not hesitate, therefore, to authorise engagements for such supple- ments to our existing, stock, as would render it adequate to the emergencies threatening us ; and I trust that the legislature, feeling the same anxiety for the safety of our country, so mate- rially advanced by this precaution, will approve when done, what they would have seen so important to be done, if then assembled. Expenses, also unprovided for, arose out of the necessity of call- ing all our gun-boats into actual service, for the defence of our harbours, of all which accounts will be laid before you. Whether a regular army is to be raised, and to what extent, must depend on the information so shortly expected. In the mean time, I have called on the states for quotas of militia to be in readiness for present defence ; and have, moreover, encour- aged the acceptance of volunteers, and I am happy to inform you, that tiiese have offered themselves with great alacrity in every part of the union ; they are ordered to be organized, and ready at a moment's warning, to proceed on any service to wliich they may be called, and every preparation within the 59 executive powers, has been made to ensure us the benefit c£ early exertions. I informed Congress at their last session, of the entcrprizes against the public peace, which were believed to be in prepara- tion by Aaron Burr, and his associates, of the measures taken 10 defeat them, and to bring the offenders to justice. Their en- lerprizes were happily defeated, by the patriotic exertions of the militia, whenever called into action, by the fidelity of the army, and energy of the commander in chief, in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating, before their explosion, plots engendered there. I shall think it my duty to lay before you the proceedings and the evidence pubUcly exhibit- ed on the arraignment of the principal offenders before the dis- trict court of Virginia : you will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law ; and wherever it shall be found, the legislature alone can apply or originate the remedy. The framers of our con- stitution certainly supposed they had guarded, as well their gov- ernment, against destruction by treason, as their citizens against oppression under pretence of it ; and if these ends are not attain- ed, it is of importance to inquire by what means more effectually they may be secured. The accounts of the receipts of revenue during the year end- ing on the 30th day of September last, being not yet made up, a correct statement will be hereafter transmitted from the treasury : in the mean time it is ascertained that the receipts have amount- ed to near sixteen millions of dollars, which, with the five millions and a half in the treasury at the beginning of the year, have ena- bled us, after meeting the current demands, and interest incur- red, to pay more than four millions of the principal of our fund- ed debt. These payments, with those of the preceding five and a half years, have extinguished of the funded debt, twenty-five millions and a half of dollars, being the wliole which could be paid or purchased within the limits of the law, and of our con- tracts, and have left us in tlie treasury eight millions and u half of dollars. A portion of this sum may be considered as a com- 40 mencement of accumulation of the surplusscs of rt- venue, which, after paying the instalments of debt as they shall become payable, will remain without any specific object. It may partly, indeed, be applied towards compleatinsj the defence of the exposed points of our country, on such a scale as shall be adapted to our princi- ples and circu nstances. This object is, doubtless, amonp^ the first entitled to attention, in such a state of our finances : and it is one which, whether we have peace or war, will provide secu- rity where it is due. Whether what shall remain of this, with the future surplusses may be usefully applied to purposes already au- thorised, or more usefully toothers requiring new authorities, or how otherwise they shall be disposed of, are questions calling for the notice of Congress : unless indeed they shall be supersed. edby a change in our public relations now awaiting the determina- tion of others. Whatever be that determination, it is a great con- solation that it will become known at a moment when the suprtme council of the nation is assembled at its post, and ready to give the aids of its wisdom and authority to whatever course the good of our country shall then call on us to pursue. blatters of minor importance will be the subjects of future communications ; and nothing shall be wanting on my part, which may give information or dispatch to the proceedings of the legis- lature, in the exercise of their high duties, and at a moment so interesting to the public welfare. TH : JEFFERSON. Tuesday, October 27th, 1807. 41 DOCUMENTS Accompanying the Message of the President of the United States, to the two Houses of Congress, at the opening of the first session of the tenth Congress. No. I. ■M)te communicated by Lord Honvick to Mr. Munroe, dated January 10///, 1807. The undersigned, his majesty's principal secretary of state for foreign affairs, has received his majesty's commands to acquaint Mr. Monroe, that the French government having issued certain orders, which, in violation of the usages of war, purport to pro- hibit the commerce of all neutral nations with his majesty's do- minions, and also to prevent such nations from trading with any other country in any articles, the growth, produce, or manufac- ture of his majesty's dominions. And the said government having also taken upon itself to declare his majesty's dominions to be in a state of blockade, at a time when the fleets of France and her allies are themselves confined within their own ports, by the superior valour and discipline of the British navy. Such attempts on the pai't of the enemy, giving to his majesty an unquestionable right of retaliation, and warranting his ma- jesty in enforcing the same prohibition of all commerce with France, which that power vainly hopes to effect against the com- merce of his majesty's subjects, a prohibition which the supe- riority of his majesty's naval forces might enable him to support, by actually investing the ports and coasts of the enemy with nu- merous squadrons and cruisers, so as to make the entrance or approach thereto manifestly dangerovis. His majesty, though unwilling to follow the example of his enemies, by proceeding to an extremity so distressing to all na- tions not engaged in the war, and carrying on their accustomed trade ; yet feels himself bound by a due regard to the just de- fence of the rights and interest of his people, not to suffer such measures t9 be taken by the enemy, without taking some steps F 42 on his part, to restrain this violence, and to retort upon them the evils of tlieir own injustice. Mr. Munroe is therefore re- quested to apprize the American consuls and merchants residing in England, that his majesty has there-forejudged it expedient to order, that no vessels shall be permitted to trade from one port to another, both which ports sliall belong to, or be in possession of France or her allies, or shall be so far under their controul, as British vessels may not freely trade thereat ; and tliat the com- manders of his majesty's ships of war and privateers have been instructed to warn every neutral vessel coming from any such port, and destined to another such port, to discontinue her voyage, and not to proceed to any such port ; and every vessel after being so warned, or any vessel coming from any such port, after a reasonable time sliall have been afforded for receiving in- fbrmation of this his majesty's order, which shall be found proceeding to another such port, shall be captured and brought in, and, together with her cargo, shall be condemned as lawful prize : and that from this time, all the measures authorised by the law of nations, and the respective treaties between his ma- jesty and tlie different neutral powers, will be adopted and exe- cuted witli respect to vessels attempting to violate the said order after this notice. HOWICK. Downing-Streetj January 10, 1807. No. II. SPANISH DECREE. TRANSLATION'. By the greatest outrage against humanity, and against policy, Spain was forced by Great Britain to take part in the present war. This power has exercised over the sea and over the com- merce of the world, an exclusive dominion. Her numerous factories, disseminated through all countries, are like sponges which imbibe the riches of those countiics, without leaving them more than appearances of mercantile liberty. From this maritime and commercial despotism, England derives great re- sources for tarrying on a v ar, whose object is to destroy the 43 eonimcrcc which belongs to each state from its industry and bituulion. Experience lias proven, that the morality of the Bri« tish cabinet has no hesitation as to the means, so long as they lead to the accomplislmient of its desij^ns ; and whilst this power can continue to enjoy the fruits of its immense traflic, humanily will groan under tlie weight of a desolating war. To put an end to this, and to attain a solid peace, the emperor of the Fi-ench and king of Italy issued a decree on the 2 1st of November last, in which, adopting the principle of reprisals, the blockade ofihe British isles is determined on ; and l.is ambassador, his excel- lency Francis de Beauharnois, grand dignitary of the order of tlie iron crown, of the legion of honour, &c. Sec. having com- municated this decree to the king our master, and his majesty being desirous to co-operate !)y means sanctioned by the rights of recipi'ocity, has been pleased to authorise his most serene highness the prince generalissimo of the marine, to issue a cir- cular of the follov.ing tenor. As soon as England committed the horrible outrage of inter- cepting the vessels of the royal marine, insidiously violating the good faith with which peace assures individual property and the rights of nations ; his majesty considered himself in a slate of war with that power, although his royal soul suspended the pro- mulgation of the manifesto until he saw the atrocity committed by its seamen, sanctioned by the govemment of London. From that time, and without the necessity of warning the inhabitants of these kingdoms of the circumspection with which they ought to conduct themselves towards those of a country wliich disre- gards the sacred laws of property and the rights of nations ; his majesty made known to his subjects the state of war in which he found himself with that nation. All trade, all commerce is prohibited in such a situation ; and no sentiments ought to be entertained towards such an enemy which are not dictated by honour, avoiding all intercourse which might be considered as the vile efiect of avarice, operating on the subjects of a nation which degrades itself by them. His majesty is well persuaded that such sentiments of honour are rooted in the hearts of his beloved subjects ; but he dges not 44 chooHe, on that account, to allow the smallest indulgence to the violators of the law, nor permit that, through ignorance,, they should be taken by surprize — authorising me by these presents to declare that all English property will be confiscated whenever it is found on board a vessel, although a neutral, if the consign- ment belongs to Spanish individuals. So likewise will be confis- cated all merchandize which may be met with, although it may- be in neutral vessels, whenever it is destined for the ports of England or her isles. And finally his majesty, conforming himself to the ideas of his ally, the emperor of the French, declares in his states the same law, which, from principles of reciprocity and suitable respect, his imperial majesty promulgated under date of the 2 1st November, 1806. The execution of this determination of his majestj^elongs to the chiefs of provinces, of departments, and of vessels, (baxeles) and communicating it to them in the name of his majesty, I hope they will leave no room for the royal displeasure. God preserve you many years, (Signed) The Prince Generalissimo of the Marine, Aranjuez, I9th February, 1807. Lore. ^ *&?«> ^. ". -^^ ■^ ^\^ .0' ■ -^-.^ .-^' ^•^^ ' r». ^^^ '0, .-* A^ • V' ^^ ^-iS .V o. -0* 0^ \ ^0 ,-> c<% * /^ -^ ^. ^'^ \' .^^• ^; "^ A*" "O , ' <- ..v 0' ^^ v^' -.J. v v^" ^^ /' >'^^ -> N .. , 0(' >■ -<•- ■>' 0^ "^y- v^^ o V o .^^ -"^^ V ^«?' .V ■^- ^' A-^ ,,VV •^^. >'. .^ / •v^' c^^- o 0^ u A^ .^ -^i. ^"^ > ■-:>. •y. 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