SENATE.

Reprisals on British Commerce

JUNE, 1812.

for recommitting the bill to the committee ap-same, in such manner that the President shall pointed on the confidential Message of the President of the United States, of the 1st of June, as follows:

have the power to authorize the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vesResolved, That the bill, entitled "An act declaring sels, goods, and merchandise, belonging to the war between Great Britain and her dependencies, and Crown of the United Kingdom of Great Britain the United States and their Territories," be recommit- and Ireland, and to the subjects thereof; and also to ted to the committee to whom was committed the Mes-grant letters of marque and reprisal, under suitable sage of the President, of the 1st instant, with instruc- regulations, to be provided in the bill, to private tions to modify and amend the same, in such manner ships and vessels to make reprisals, agreeably to that the President of the United States shall have power said instructions, reported as follows: to authorize the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods, and merchandise, being amendment: longing to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof; and also to grant letters of marque and reprisal, under suitable regulations, to be provided in the bill, to private armed ships and vessels to make like reprisals.

THURSDAY, June 11.

"After the word that, in the third line of the bill, strike out the residue of the bill, and insert the follow

"The President of the United States shall be and he is hereby authorized, from and after the -day of

next ensuing, to cause reprisals to be made upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United On motion by Mr. SMITH, of Maryland, that Kingdom of Great Britain and Ireland, or to the subthe motion be amended, so as that the bill be re-jects thereof, which may be found on the high seas, or committed to a new committee, it was determined elsewhere, after the said day of next, exceptin the negative. And after debate, the President ing such ships, vessels, or property, as now are, or may, before the said resumed the Chair, and the Senate adjourned. day of next, be within the ports and harbors, or under the control, of the United States, and all ships, vessels, or property, within the jurisdiction of any Power with whom the United States are not engaged in war; and, for the purposes aforesaid, to instruct the commanders of the public armed vessels which are or which shall be employed in the service of the United States, to subdue, seize, and take, any arined or other British vessel belonging to the said United Kingdom of Great Britain and Ireland, or to the subjects thereof, which shall be found within the jurisdictional limits of the United States, or elsewhere, on the high seas as aforesaid. And such captured vessel, with her apparel, guns, and appurtenances, and the goods or effects which shall be found on board the same, being British property, shall be brought within some port of the United States, and shall be duly proceeded against and condemned as forfeited, and shall accrue and be distributed as by law is or shall be provided, respecting the captures which shall be made by the public armed vessels of the United States.

Mr. GAILLARD was requested to take the Chair. On motion by Mr. ANDERSON, the bill from the House of Representatives, entitled "An act de claring war between Great Britain and her dependencies, and the United States and their Territories," was resumed, and considered as in Committee of the Whole, together with the motion yesterday submitted by Mr. GREGG; and, on the question to agree to the motion, it was determined in the affirmative-yeas 17, nays 13, as follows: YEAS-Messrs. Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Reed, Smith of New York, and Worthington.

NAYS-Messrs. Anderson, Bibb, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Pope, Smith of Maryland, Tait, Taylor, Turner, and Varnum. Whereupon, Mr. CRAWFORD resumed the Chair; and, on motion by Mr. ANDERSON, it was ordered that the committee to whom this bill is mitted have leave to sit immediately.

FRIDAY, June 12.

Mr. LLOYD submitted the following motion for consideration:

"That the President of the United States be requested

"SEC. 2. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to grant, to the owners of private armed recom-ships and vessels of the United States, who shall make application therefor, commissions in the form which he shall direct, under the seal of the United States; and such private armed vessels, when duly commissioned as aforesaid, shall have the same license and authority for subduing, seizing, and capturing any armed or other British vessels belonging to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, and for the recapturing of the vessels, goods, and effects, of the people of the United States, law have, and shall be in like manner subject to as the public armed vessels of the United States by such instructions as shall be ordered by the President of the United States, in conformity with the established law of nations, and the treaties and laws of the United States, for the regulation of their conduct; and the commissions which shall be granted as aforesaid shall be revocable at the pleasure of the President of the United States

to cause to be laid before the Senate, confidentially, or otherwise, as he may deem expedient, all the information in the Department of State, not heretofore communicated, having relation to the conduct of Great Britain and France towards the United States."

Ordered, That it lie for consideration.

REPRISALS ON BRITISH COMMERCE.

Mr. ANDERSON, from the committee to whom was recommitted the bill, entitled "An act declaring war between Great Britain and her depen"SEC. 3. And be it further enacted, That every perdencies, and the United States and their Territo-son intending to set forth and employ an armed vessel, ries," with instructions to modify and amend the and applying for the commission as aforesaid, shall pro

Reprisals on British Commerce.

Hostilities with Great Britain.

JUNE, 1812.

Hostilities with Great Britain.

SENATE.

their situation? Sixteen hundred of the militia of the State of New York have been ordered into public service, on the frontiers of that State, and have, as I am informed, marched to their place of destination. There we find exhibiting a spectacle that would wound the feelings of the most callous man-without hats, without blankets to cover them, without camp kettles to cook the miserable provisions furnished them by the Government contractors, or any one necessary for camp equipage. Their officers with the utmost difficul ty preventing their marching home for self preservation. Here, Mr. President, I wish to call the attention of the Senate to the propriety and constitutionality of calling out this detachment of militia at a time when no enemy menaced an invasion. The Constitution only authorizes the General Government to call out the militia to suppress insurrection, enforce the laws, and repel. invasion. And I would ask whether either of these events had happened when this corps of militia were ordered out? No. It it well known that no such emergency existed. But they have this miserable consolation, that they are to receive six dollars and two-thirds a month, for their services, finding their own clothes, arms and accoutrements. I do not mention these things with a wish to discourage the militia from serving their country when necessary, nor do I believe defending them in their constitutional rights will have that effect, for I am fully aware that there is no class of citizens more patriotic or willing to defend their country than they are, and will be so found when the safety of it shall really demand their services.

consider the situation of our maritime frontier, beginning at New Orleans, and examine the situation of that place. We learn from the War Office that there is little rising of one hundred regular troops stationed near the city for its defence. Now I will ask any gentleman if that paltry force is sufficient for that object; and if it will not be in the power of the British to take possession of that city within sixty days after your declaration of war against them? If gentlemen calculate on the goodness and forbearance of the enemy, I think they will be deceived. Great Britain is a wily, active nation. She has been trained to war. She will not measure her steps and movements by ours; if we are not prepared to defend our seaports, she will not wait until we are; and should she get possession of New Orleans, it will cost much blood and treasure to dislodge her. Passing northerly along our coast, let us see what is the situa tion of our most valuable cities. Charleston and Norfolk, as well as many other places of less consequence, are found exposed to marine attacks. And when we reach the city of New York (the nation's great emporium of trade) do we, on viewing its situation, and strength of the public works for its defence, find it in a perfect state of security? No, sir, unless the greatest part of your frig ates are stationed there, to aid your fortifications and gunboats, it will fall a prey to the enemy. It can be assailed by a small fleet, with every prospect of success. The only resistance they would meet with would be in passing the fortifications on Staten Island, and perhaps a few shots from Bedlow's and Ellis's Islands. They might soon place themselves abreast the works at the upper end of the city, the weakest of them all. And I I will now resume the consideration of our sithave no doubt two seventy fours might silence uation up the Lakes to Detroit and Fort Malden. this work in twenty or thirty minutes. They Here it mast be remembered that the British comwould then meet with no other resistance than mand the Lakes. We are told that Governor Hull from travelling guns on the shore and from the is marching to the defence of Detroit with twelve docks. The result would probably be, that the hundred militia from the State of Ohio, together city would be set on fire, or a contribution extort-with four hundred regular troops, formed and dised from its inhabitants. I will now pass on to Rhode Island. Does the prospect of security there fatter us? No, sir. I am told by competent judges that nothing short of a force of from three to five thousand men can defend that island. Boston, it is said, can be defended, and is, perhaps, the only secure place of considerable consequence on the seaboard. In viewing the situation along the province of Maine, and our northern frontier up the river St. Lawrence, and the Lakes to Fort Malden, and from thence to the Mississippi, do we not find almost every point and place where there are inhabitants, subject to the incursions of the enemy? Have they not more troops on and near the line than we have? Yes, sir, they have ten to our one, and a militia which the Government of Canada have been fully vigilant in training. I understand that ever since the prospect of war began to thicken in the political horizon, they have trained their militia three or four times a month, and have paid them daily wages for their services. Not so, sir, with our militia-they have, it is true, been called into the public service to do the duty of regular troops; and what is now

ciplined for action by the brave Colonel Boyd. These troops, I hope, will be better supplied and provided for than those on the frontier of New York. It is whispered by some of the favorites who are suffered to know the projects of our Government, that the British have sent a part of their regular troops, together with a number of Indians, from Fort Malden to Fort Erie, near the Falls of Niagara; and this is taken as certain evidence of the weakness of the garrison at Fort Malden, and that that fort may consequently be surprised and taken by Governor Hull with little difficulty. Now I draw the exact contrary conclusion from this circumstance; for the British must have known that Governor Hull was on his march to Detroit, and if they had been weak at Fort Malden they never would have detached part of their force and sent it to the aid of Fort Erie. But presuming they had not heard of Governor Hull's march, and that they had left that fort comparatively defenceless, they will assuredly learn it soon enough to have the detachment return by water before Governor Hull can reach Malden. And if in the attempt to take Fort Malden, Governor

SENATE.

Hostilities with Great Britain.

Hull should meet with a defeat, the consequences will be alarming; for no reinforcement can be sent him, nor any assistance afforded soon enough to prevent a disastrous termination of the expedition. In that case the British, with a partial aid from the Indians, might cross the river and take possession of Detroit; and if they should then obtain the assistance of the Indians generally, it will be in their power to drive in all the frontier settlements of Ohio; and there can be little doubt when this war is once commenced that nearly all the Indians will flock to the British standard. I will here take the liberty of adverting to complaints of our Government, in the diplomatic correspondence with Mr. Foster; and must acknowledge, after so much talk about British perfidy, with regard to exciting the Indians to make war upon us, I am disappointed when I refer to the proof offered by the Executive on that subject. I did expect that after it was made a particular part of an Executive message, the proof offered in its support would have been clear and conclusive. Far be it from me that I should wish to become the apologist for any of the aggressions of the British upon our rights, or any of their unfriendly conduct towards us, but I think, if our Executive instead of carping and scolding about the vigilance of the British, in inducing the Indians to join them, in the event of a war between the two countries, had been more vigilant in furnishing the Indians with the necessaries they had been in the habit of receiving from our public trading houses and other sources, and had seasonably recommended to Congress to have authorized the Executive to make the Indians some suitable presents, at proper times, it would have been productive of more good to our western frontier. It is said that the British furnish the Indians with arms and ammunition; well, do not our public stores and traders do the same? And do not the Indians depend upon their arms and ammunition for their daily subsistence? It should be recollected that they are a people who live by hunting, and they must be supplied with arms and ammunition from some quarter or other. While I am on this subject, Mr President, I will beg leave just to notice the Indian war between the troops under the command of Governor Harrison, and the Prophet and his adherents-I mean the famous battle of Tippecanoe; and I will ask, sir, for what purpose was Governor Harrison and the army under his command sent against those people?

JUNE, 1812.

nacing attitude before the Indian town, on their own lands, and in their own territory? And had not the Prophet and his party sufficient reason to believe that everything dear to them was at stake? Yes, sir, their homes, their firesides, and their all, was about to be destroyed, except they submitted unconditionally to the commander who had, perhaps, been the cause of all the difficulty which subsisted between the Indians and our Government. And I must here ask, Mr. President, if any one can blame the Indians for fighting, under such circumstances? No, sir. I conceive if they had not fought they would have debased human nature itself. Since, then, this flame is kindled, and that, too, by ourselves, is it prudent to wage a premature war with Great Britain, and bring her force in reality and openly in aid of the savage tomahawk and scalping-knife, already raised against our innocent frontier settlements? I think the more prudent course would be first to treat with the Indians, to send some two or three discreet and proper men among them to promise them justice and friendship, and really to perform what is just and right towards them; and, then, my word for it, they would be willing to remain at peace with us. In the mean time let us raise and discipline our army and fortify our seaports and harbors. And when we are prepared, if Great Britain does not, in the mean time, do us justice, we can then attack her colonies with more certain prospects of success; and, with the satisfaction, too, of having first detached from her the aid of a savage enemy, whose known rule of warfare is to spare neither age nor sex.

I will next, Mr. President, take a view of our real effective disposable force, which, in the event of immediate war, is to protect and defend the vast extent of our Northern and Western frontier, which will be exposed to the incursions of the enemy, especially if we have war with the British and Western Indians, both at the same time. If we may consider the statement obtained from the head of the War Department, as correct, what a discouraging appearance does it afford us! The records in the War Office tell us that, including officers, there are between six and seven thousand men in the two old armies ; but as to the new army of 25,000 men, it is difficult to give any certain account of the number recruited. It is, however, said, that orders have been issued directing the recruiting officers to make monthly returns; but, from information which cannot be If there was any disagreement between the In- doubted, it seems that these orders have not been dians and our Government, why were not discreet observed; so that the War Department are quite commissioners sent to treat with them first, and in the dark as to the number actually enlisted in let them know that the Government was willing the new army. I understand, however, that an to do them justice? It is natural to suppose that estimate, by the head of the War Department, the Prophet and his four or five hundred asso- sets them down at about five thousand, more or ciates would never have calculated on coercing less, I suppose, as the case may be. But, supposthe Government of the United States out of much ing our three distinct armies to actually consist more than what was their just right to receive. of nine thousand men, exclusive of the sick, And, upon what authority was this war waged? (which will be found a very liberal estimate,) Was not our army collected and marched two or they do not then give you men enough to man three hundred miles, in a threatening manner, the guns in the works for the defence of the and without any declaration of war? And did Western frontier and seaports. The most of the not Governor Harrison plant his army in a me-six thousand men of the old army appear to be