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[FEBRUARY, 1814.

Britain herself, confirming entirely the doctrine on which the Government of the United States acts at this time.

in a war wherein the Prince exposed them to cruel reprisals. Officers who had the highest sense of honor, though ready to shed their blood in the field of battle, for his service, have not thought it any [Here Mr. C. read several extracts from a depart of their duty to run the hazard of an ignomin-bate in the House of Commons, on a bill to ious death. Therefore, whenever a numerous party raise a corps of French emigrants, in which Mr. thinks it has a right to resist the sovereign, and finds Burke was the principal speaker.] itself able to deciare that opinion, sword in hand, the war is to be carried on between them in the same

manner as between two different nations; and they are to leave open the same means of preventing enormous violences and restoring peace."

Here, then, we see the reason on which the rights and usages of nations are applied to civil wars, is, that those who resist have swords in their hands, and become assimilated to independent nations.

In short, the basis of retaliation is humanity. As no nation or body of men will suffer their enemies to put those to death who fight under their banners, under any pretence whatever, interest and fear restrain an enemy from putting his prisoners to death, when he knows the act will be retaliated. But, retaliation is always a question of expediency. If we were at war with a nation dead to all the sensibilities of our nature-a nation that would suffer, without remorse or feeling, its innocent subjects to become victims to a sanguinary violation, on its own part, of the usages of civilized war, we might be obliged to forbear, as we would know the object of retaliation would not be gained. But, for myself, I deem more highly of the British nation and Government. I do not believe the Government of that nation to be so wicked as to provoke the consequences which must inevitably follow the execution of the barbarous threat they have uttered-that they would treat as criminals the natives of Great Britain, who have been taken prisoners in our ranks. Deserters alone have been permitted to form an exception to the general rule, that the life of a prisoner shall be sacred; and the humanity of modern times has even contrived the means of saving the lives of deserters. Hence, the practice of permitting the garrisons of captured places to march out with a certain number of covered wagons, which are not to be searched. (Vattel, b. 3, ch. 8, sec. 144.) The reason given is, that they have become numerous, and that humanity forbids their destruction-undoubtedly a very sufficient reason, but exactly the reverse of that which is sometimes urged in justification of the threat of the British Government. It is said, that in consequence of the sameness of language, similarity of personal appearance, connections in trade, and ease and frequency of intercourse, those who join us are numerous, and therefore it is necessary to punish them when found in arms.

I must again bring to your notice the authority which was yesterday presented to you by the gentleman from Louisiana, (Mr. ROBERT SON,) because it bears so directly on the question before you, and affords the views and opinions of the legislators and statesmen of Great

Mr. C. continued. No human authority can be of more value than that of this great man, (Mr. Burke,) who at once teaches the doctrine, and gives the examples which establish that doctrine, in all the extent in which this Government claims the right to exercise it. It is true, that in this debate Mr. Sheridan attempts to destroy the value and impeach the accuracy of some of the instances which Mr. Burke had he has not succeeded. Mr. Sheridan says, in mentioned, but, as was to have been expected, each of the examples Mr. Burke had mentioned:

failed. The first is the conduct of the English with "Except with regard to America, he had entirely regard to the Irish regiments in the French service in the year 1745. A space of near sixty years had elapsed when they took some of them prisoners, but it was not very probable that many of those who left Ireland in 1688 returned to invade England in 1745." "The next, he says, was the conduct of the French to Lord Ligonier, who was one of the French refugees, banished from France by the revocation of the edict of Nantes-which was in itself one of the most cruel and barbarous actions that ever disgraced history-in the year 1682, and he was taken prisoner in the year 1747-a period of sixty-five years. that the probability is, that it was the father of his ship must have been a child in arms at the time.” Lordship who was a refugee, or at least that his Lord

So

It seems to be a work of supererogation to attempt to support the authority of Edmund Burke; yet, it may be proper to say a few words in reply to these objections of Mr. Sheridan. Though it be true, as he states, that few of the Irish brigades who entered the French service in 1688, remained to invade England in 1745; yet, it is a fact, well attested by history, that these corps were afterwards kept up by the enlistment of the natives of Ireland-a fact which leaves the example at least equally strong. Admit, too, Lord Ligonier to have been a child in arms, but a native of France, is not the example one which is diametrically opposed to the doctrine of those who in this argument deny the right of retaliation? They allow neither age nor circumstances to form an exception to the general rule.

Mr. BAYLIES, of Massachusetts, rose and addressed the Chair as follows:

Mr. Chairman, I rise for the purpose of soliciting the attention of the committee for a short time. I do it with great and unaffected reluctance, as I am conscious that my remarks must be of a desultory nature; and that so able, elaborate, and eloquent, has been the manner in which the bill on your table, and the topics connected with it, have already been discussed, as almost to preclude the hope that it will be in my power to add any thing, either to

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instruct the understanding or to interest the feelings. In truth, when this bill was introduced, it was not my intention to make it the subject of a single remark; but, on reflection, I was convinced that there would be a propriety in my stating the reasons by which I should be governed in my vote, and the ground on which I was prepared to justify it. This was the extent of my wish and intention; and even this wish and intention, I believe I should have foregone, (after one ineffectual attempt to obtain the floor,) had it not been that some remarks were made yesterday, in the course of debate, which, in my opinion, demand attention. The bill under consideration, should the blank be filled in the manner proposed by the honorable chairman of the Committee of Ways and Means, will authorize the loan of twenty-five millions of dollars. To pay the interest of the debt, thus to be created, it will be necessary to continue a system of taxation, odious and oppressive to the people. The principal of the debt will, I presume, descend as a burden to posterity. It is not my purpose, however, to controvert the facts stated by the honorable chairman of the Committee of Ways and Means, or his reasoning upon those facts-though that reasoning, I think, was more specious than solid. I admit that the resources of this country, under the fostering hand of a wise, prudent, and efficient Administration, would be equal to meet a debt of this, and even of a larger amount. But I am opposed to this bill, because its object is to place money in the hands of the present Administration, to enable them to pursue a system of measures and a course of policy hostile, as I think, to the best interests of this country; to enable them to continue the war in which we are now engaged; a war which, I believe in my conscience, was in its origin unnecessary and inexpedient; which is prosecuted without any adequate cause; which, in its progress, has brought heavy and severe calamities upon our country; and which, if protracted to any distant period, will, I fear, be productive of consequences the most disastrous.

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hand of industry, and, by elevating the military above the civil authority, endangers our liberties. It was said, I think, by a gentleman of Virginia, formerly a distinguished member of this House, that this Government was not calculated for offensive war; that it was putting the constitution to a test which it could not endure. There is, in my opinion, much wisdom in the remark. The situation to which we are reduced is sufficient evidence of the evils of war; our frontier is desolated; our commerce ruined; our Treasury exhausted; the people discontented and divided, yet we were precipitated into war, "as if it was a matter of experiment," "an idle frolic," "as if the dire goddess, who presides over it, with her murderous spear in her hand, and her gorgon at her breast, was a coquette to be flirted with."

For what are we prosecuting this war? For a cause, as has been shown by an honorable gentleman from North Carolina, (Mr. GASTON,) for which war was not declared-for sailors' rights. The violation of sailors' rights is now the professed cause of this war, and the protection of them its avowed object. The subject of impressment under the Administration of Washington, ever the vigilant guardian of the rights and honor of his country; under that of Mr. Adams and that of Mr. Jefferson, was not considered a sufficient cause of war; nor was it so considered by Mr. Madison himself at the time of the arrangement with Mr. Erskine. The honorable SPEAKER has just acknowledged, that, in his opinion, war would not have been declared at the time it was declared, but for the Orders in Council.

It does appear to me, that the subject of impressment is indebted for the very great importance now attached to it, to the revocation of the Orders in Council. But allow that impressment furnishes a just cause of war against Great Britain, can we hope to obtain from her more upon this point by arms than by amicable negotiation? It is well known that this right which Great Britain claims to exercise, of taking from the merchant vessels of other nations her own native seamen, is considered by her as essential While I claim the privilege of animadverting to her maritime strength; in other words, as esupon the measures of the Administration, I im-sential to her national existence; and, so strongpeach not the motives of gentlemen who main- ly is this claim supported by national sentiment, tain opinions different from my own. It is my that no Ministry would dare to surrender it. She duty, however, to act according to the deliber- may consent to an arrangement upon this subate decisions of my own understanding, and the|ject, which, without derogating from the right, clear convictions of my own conscience.

may render the exercise of it less liable to abuse, and less injurious to this country; but this can be obtained only by negotiation.

It ought to be considered, that this is not a novel claim set up by Great Britain. It has been exercised by her for a great length of time, even long before we existed as an independent nation; founded upon principles which she holds

The minority, or the Opposition, as they are emphatically denominated, are accused of inconsistency, in admitting that Great Britain has done us wrong, and, at the same time, persisting in calling this war unjust. It is not every wrong that will justify a nation in resorting to arms to obtain redress. War, it has been well said, is the extremity of human evil. The most success-sacred-that every nation, in time of war, has a ful war, in a Government like ours, must bring with it, of necessity, a numerous train of calamities. It increases the public burdens; it impoverishes the people, relaxes the moral habits, promotes a spirit of licentiousness, unnerves the

right to the services of its citizens; and that allegiance is perpetual. But an honorable gentleman from Kentucky (Mr. MONTGOMERY) denies to Great Britain the right to impress her own seamen in her own territorial jurisdiction;

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The Loan Bill.

it being, as he says, in violation of the principles of Magna Charta.

[FEBRUARY, 1814. the sentiments of the people; that the war is popular, and the vigorous prosecution of it demanded by the feelings of the nation. As to that part of the country from which I have the honor to come, this war ever has been, and, I trust, ever will be, an unpopular and an odious war, especially as to the proposed conquest of Canada.

Upon this subject there is hardly a division of sentiment. Men who rally under the banners of the Administration upon every other question, put their faces against them on this. I speak not merely of the merchants, that respectable class of the community. I speak of the real strength of every free country, the substantial yeomanry; the hardy cultivators of their own soil, who will defend that soil with their hearts' blood. The subtlety of lawyers has not cheated them into the opinions they entertain. They have formed them by consulting their own good feelings, their_own plain, unsophisticated understandings. I regret that I am under the necessity of making any remarks that may be considered in any degree as local. I disclaim all invidious comparisons between the different parts of the United States; but there have been so many allusions to the State from which I have the honor to come, and to the spirit which is supposed to manifest itself there, that I feel it to be my duty to call the attention of the committee to the subject. There is noth

This I consider a question between the British subject and his Government, with which we have nothing to do. The practice of impressment has been justified by some of her ablest and most popular writers: even by Junius himself, the great champion of Opposition, in his time, and has been recognized as a part of the common law by the judicial decisions of some of her most eminent judges. Though the claim of Great Britain is limited to her own seamen, yet it is true that American seamen are sometimes taken by mistake, and sometimes by the wanton act of the British naval officers. The number of our seamen thus taken, I think, however, has been greatly exaggerated. Many British seamen pass as American under American protections, in obtaining which great frauds are practised. But whatever may be the extent of the injury which we suffer by impressment, I should be as much gratified as any person could an adequate remedy be provided for it. But how are we to obtain satisfaction by prosecuting this war? I shall be answered-by the conquest of Canada, The conquest of Canada, for the purpose of incorporating it into the Union, though it may come "within the scope of the policy" of some gentlemen, is, in my apprehension, a project so wild, and I hope I may be pardoned the expression, so preposterous, that I cannot believe it will receive the deliberate sanctioning in the character of my native State that I of a majority of this committee, much less of the nation. Sad experience must have convinced us that Canada cannot be conquered without a great expense of blood and treasure; and, when acquired, it cannot be worth to us the price at which we must purchase it. We have territories enough. Instead of strengthening, it would weaken the Union.

As to the conquest of Canada as the means of obtaining a satisfactory peace as an instrument of negotiation, I presume the most sanguine do not indulge the expectation of effecting that conquest under six or nine months; certainly not in time to assist us in the present negotiation; and, should we obtain possession of Canada, we never shall be able to extort from Great Britain, or purchase from her, by the surrender of it, any concession upon the point in controversy, of sufficient importance to justify the sacrifices we must make in the acqui

sition of it.

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shall blush to defend. There is nothing in the character of my immediate constituents which should humble me on this floor as their representative, unless it be the consciousness that they have conferred on me an honor beyond my merits.

The honorable gentleman from Georgia, (Mr. CUTHBERT,) whose animated speech I heard with the most friendly interest and attention, said that the inhabitants of New England were jealous of their rights. The people of this country were characterized by Edmund Burke as men jealous of their rights, alike to every inva sion or supposed invasion of them;-"who augured misgovernment at a distance, and snuffed the approach of tyranny in every tainted breeze."

The people of whom I speak, still possess some portion of that spirit. Such being their temper, they may be betrayed into excesses from an excitement of feeling; they may fall into errors of opinion from want of informa tion; but it is not wise in Government to attempt to reclaim them by insulting their prejudices, if prejudices they entertain, or by treat ing with indifference or contempt their com

I stand not here to eulogize the character of Great Britain, or to exalt her power; but to pursue the true interest of my country, as far as my feeble understanding can enable me to ascertain it. I do not, however, consider it as any proof of the want of patriotism not to sub-plaints, founded on their honest convictions. scribe to the philippics pronounced by gentlemen against Britain. In assailing her in the manner they have, it seems to me that passion triumphs over judgment, and that, while advocating the cause of our holy religion, they forget that charity is its vital principle.

But it is said we are acting in opposition to

The Legislature of Massachusetts have passed no act which they had not a constitutional right to adopt. They know their duty, and will perform it. They know their rights, too, and will, I trust, maintain them. There are, and I am proud to say it, some of the few survivors of the good old Revolution high in the councils of

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my native State-men who staked their lives | able Washington declared that the practice of on the issue of that contest which terminated impressment was intolerable, and that it must in the acknowledgment of our independence- be discontinued or war would be inevitable; men who, in the path of duty, will be as little Mr. Jefferson, then Secretary of State, was no dismayed by the glitter of hostile steel as by doubt of the same opinion; Mr. Adams when the glitter of the tinselled invective of the hon- President declared the same opinion, and the orable gentleman from Georgia, (Mr. FORSYTH.) sentiments of his Cabinet, Mr. Pickering, and Mr. Marshall, now Chief Justice, Mr. Stoddart and Mr. Wolcott, which have been read, prove that they then were of the same opinion.

FRIDAY, February 25. The Loan Bill.

The House again went into Committee of the Whole on the Loan bill.

Mr. WRIGHT, of Maryland, addressed the Chair as follows:

Mr. Chairman, the gentlemen on the other side oppose this bill, because it will provide the means to effect an unrighteous end. They say that the war was unjust in its commencement. That, if originally just, it is now unnecessary, as the Orders in Council are revoked.

That impressment, of itself, was never considered a cause of war.

That the war might have been honorably avoided, by the arrangement made by Mr. Monroe and Mr. Pinkney, and

That the system of retaliation, resorted to by the President, has given to the war a character of ferocity unknown to civilized nations.

Sir, before I proceed to detect and expose the fallacy of these assertions, permit me to call back your attention to our glorious Revolution -not like the revolutions of Europe, the exchange of one tyrant for another, but a revolution of principles, whereby the sovereignty of Kings was overturned, and the sovereignty of the people established on its ruins.

By the great charter of our independence, it is expressly declared, "that all men are by nature equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness." That all legitimate power flows from the people, and is to be exercised, only, to promote their happiness.

This, sir, is the fair fabric of our rights, constructed by the proscribed patriots of the Revolution, and cemented by the blood of our martyred heroes. From this fountain flows our constitution, constructed, expressly, "to secure the blessings of liberty to ourselves and our posterity;" and I conjure you, by the sacred obligations under which you act, to protect those sacred rights so solemnly secured.

I will now proceed to show that the war was just in its commencement; that the Orders in Council are not revoked; that the impressment of seamen is, of itself, a just cause of war; that the arrangement made by Mr. Monroe and Mr. Pinkney could not have been honorably adopted, and that the retaliatory system resorted to by the President was not an act of ferocity but of humanity.

Sir, that the war was just in its commencement will appear by a short review of the causes that produced it. In the year 1792, the vener

The law of nations expressly declares, that, for every injury, if redress is demanded or required, and unreasonably delayed, it is just cause of war; and Mr. Pinckney of South Carolina, when Minister, informs us, that on his application for impressed seamen, then in London, they were sent off, without suffering an investigation of their rights. Great Britain has, no doubt, disclaimed the right of impressing American seamen, but has added insult to injury, by exercising it, and impressing thousands of our seamen in direct violation of her own admission. Our Ministers have told us, that while she impresses her native born subjects, who have been naturalized, married, and settled in the United States, voluntarily entering our service, she refuses to release native born American citizens, impressed into her service, because they are married and settled in England. Can such monstrous inconsistencies be submitted to? Was Mr. King, a Minister under two Administrations, by the exercise of his distinguished talents and devotion to this subject, enabled to effect an honorable arrangement? No, sir, and Lord Castlereagh declared to Mr. Russell, "that the friends of Great Britain in Congress were mistaken on that point." We see by the official documents in 1807, that out of 2,059 cases of imprisonment, 102 only were British subjects; that 1,142 were discharged, and 805 kept for further proof, with the strongest presumption that they were aliens, or Americans whose protections had been lost.

These 1,142 unfortunate citizens, I presume, will be admitted to have been impressed, as they were discharged as such; and also the 1,600 declared by Lord Castlereagh in Parliament to have been impressed; even by the "friends of Great Britain in Congress," as his Lordship has dubbed them. And I hope honorable gentlemen, after Lord Castlereagh has declared that they were mistaken in their declarations, "that the Government, through Mr. King, might have honorably arranged the subject of impressment," will not further expose their devotion to that nation, nor deny that the 1,600 impressed in time of peace, and since made prisoners of war, is a just cause of war. I will next examine the spoliations on our commerce, their commencement and progress, with the pretexts under which they have been committed. Great Britain in June, 1803, passed an Order in Council, unlawfully restricting the trade of the United States with a certain portion of the unblockaded ports of her enemy, and condemning our vessels with innocent

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would develop these principles and practices, which are producing the most ruinous effects on our lawful commerce and navigation. He remarks, "that on the subject of impressment our remonstrances have never been intermitted; a hope existed at one moment of an arrangement that might have been submitted to, but it soon passed away; and the practice, although relaxed at times in distant seas, has been constantly pursued in our neighborhood." On the 12th February, 1806, Congress took up the consideration of the Message of the President, with the memorials of the merchants, which relate to the spoliation of our commerce on the high seas, and to the new principles assumed by the British Courts of Admiralty, as a pretext for the condemnation of our vessels in their prize courts, and passed the following resolutions:

1. Resolved, That the captures and condemnation under the orders of the British Government, and adjudications of their Courts of Admiralty, of Amer

being employed in a trade with the enemies of Great Britain prohibited in time of peace, is an unprovoked aggression upon the property of the citizens of these United States, and an encroachment upon their national independence.

cargoes on their return voyage from ports | memorials of the merchants, which he told us where they had deposited contraband articles; after it had been expressly decided by the High Court of Admiralty, that an American had a right to import into America the produce of a Spanish colony, and that landing the cargo and paying the duties would break the continuity of the voyage, and justify their re-exportation to any part of Europe; and after Lord Hawkesbury had communicated to Mr. King that decision, approved by the Advocate General, and by Lord Hawkesbury, establishing the law, that landing the goods and paying the duties in the neutral country would break the continuity of the voyage, and was such an importation as would legalize the trade, although the goods were shipped in the same vessel, on account of the same owners, and sent to the mother country that produced them. And yet notwithstanding this order-this decision of the High Court of Admiralty-this report of the Advocate General, and this official communication by Lord Hawkesbury to Mr. King, our com-ican vessels and their cargoes, on the pretext of their merce was swept from the ocean, and condemned in direct violation of the order, the desision, and the report of the Advocate General so officially communicated, and it would seem insidiously to inspire us with confidence, to increase that commerce, that they might, like the panther in ambush, unsuspectedly leap upon their prey. This outrageous conduct gave rise to clamors in every commercial circle in the United States, and, at the opening of the session of 1805, the President informed us, "that the British had captured, in the very entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also; that they have carried them off, under the pretence of legal adjudication; but not daring to approach a court.of justice, they have plundered and sunk them by the way, or in obscure places, where no evidence could arise against them, maltreated the crews and abandoned them in boats on the The President immediately appointed Mr. open seas, or on desert shores, without food or Monroe and Mr. Pinkney Envoys Extraordinary, covering." "That new principles had been in- and instructed them to insist on an arrangement terpolated in the law of nations. According to for the protection of our seamen, and indemnithem, a belligerent takes to itself a commerce fication for spoliations, agreeably to the said with its own enemy that it denies to neutrals, resolutions; and he also instructed them to proon the ground of its aiding the enemy in war. cure an article for defining legal blockades. But reason revolts at such inconsistency; and The British, not content with their new princithe neutral having equal right with the belliger-ples and aggressions under them, on the 16th ent to decide the question, the interest of our constituents, and the duty of maintaining the authority of reason, the only umpire between just nations, impose on us the obligation of providing an effectual and determined opposition to a doctrine so injurious to the rights of peaceable nations." In January, 1806, remonstrances came in from Boston, Salem, New York, Philadelphia, Baltimore, and Charleston, praying that the Government would take the subject under consideration, and also the impressment of seamen. On the 17th January, 1806, the President again pressed the subject on the consideration of Congress, with the

States be requested to demand and insist upon the 2. Resolved, That the President of the United restoration of the property of their citizens, captured and condemned, on the pretext of its being employed in a trade with the enemies of Great Britain, prohibited in time of peace, and upon the indemnifica tion of such American citizens for their losses and damages sustained by these captures and condemnations; and to enter into such arrangements with the British Government on this and all other differences subsisting between the two nations, (and particularly with respect to the impressment of American seamen,) as may be consistent with the honor and interests of the United States, and manifest their earnest desire to obtain for themselves and their citizens, by amicable negotiation, that justice to which they are entitled.

of May, 1806, issued an Order of Council for blockading the coast from the river Elbe to Brest. On the 11th of May, 1807, they issued another order, blockading the Elbe, Weser, and the coast between the same; and also the Dardanelles and Smyrna. On the 8th of January, 1808, of Carthagena, Cadiz, and St. Lucar, and all the intermediate ports between Carthagena and St. Lucar, comprehending a greater extent of coast than their whole navy could blockade agreeably to their own definition of a blockade. And Great Britain, although her Order in Council was made on the 16th of May, 1806, from Elbe to Brest, charges it to the account of

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