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CHAPTER I.
A REVIEW OF THE CAUSES LEADING TO THE SECOND WAR WITH ENGLAND.

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Duplicity and oppressive acts of the British Government contrasted with the forbearance of the United States—Character of Madison—Debates in Congress on War measures—Declaration of War.

The peace which closed our revolutionary struggle was like a wound healed only at the surface, and which must be opened anew before a permanent cure can be effected. The desire for territory had become the ruling passion of the British Empire, and the loss of the most promising part of her vast possessions could not, therefore, be borne with equanimity. The comparatively barren and inhospitable tract lying north of the St. Lawrence and the lakes, which still belonged to her, was but a sorry substitute for the rich alluvial bottoms that stretched along the western rivers, while the mouth of the St. Lawrence furnished but a meagre outlet compared with the noble rivers and capacious harbors that seamed the inland and indented the coasts of the Atlantic slope. Some have supposed that England had never abandoned the design of recovering a part, if not the whole of the possessions she had lost on this continent. If this be true, that purpose was doubtless a very vague one, and it depended entirely on circumstances whether it ever assumed a definite form. One thing, however, is certain, she had determined to narrow down our limits wherever it was practicable, and to the fullest extent of her power. This is evident from the eagerness with which she urged us to acknowledge the various Indian tribes on our frontier, as independent nations. She wished to have them placed on a footing with other sovereign States, so that they could form treaties and dispose of territory to foreign governments. Numerous and powerful tribes then roamed undisturbed over vast tracts which have since become populous States. Could Great Britain have purchased these, or had them colonized by other foreign powers, nearly the whole line of lakes and the territory west of Lake Erie would have presented an impenetrable barrier to our growth in the north-west. Not succeeding in this policy, she determined that the Indians should retain possession of the land as her allies. This is evident from the constant disturbance kept up on our north-western frontiers—from Lord Dorchester's speeches instigating the Indians to war, and from the fact that an English fort was erected within the territory of the republic. So resolved was the British Government on this course that it for a long time refused to carry out the stipulations of the treaty of 1783, and still retained American posts captured by its forces during the revolutionary war. The defeat of General Harmar, in 1790, and of St. Clair, in 1791, were not wholly owing to our inefficiency or to Indian prowess, but to British interference and encouragement.

The victory of Wayne, which followed these disastrous expeditions, proved this true. Canadian militia and volunteers were found in the Indian armies, while the battle that completed their overthrow ended under the walls of a British fort standing on American ground. These violations of a sacred treaty, and undisguised encroachments upon our territory on the frontier, were afterwards surpassed by still greater outrages at sea.

The French revolution exploding like a volcano in the heart of Europe, followed by a republic whose foundation stones were laid in the proudest blood of France—the extinction of the Bourbon dynasty, and the loud declaration of rights which startled every despot from the Archangel to the Mediterranean like a peal of thunder, had covered the continent with hostile armies. The European powers who rejoiced in the success of the revolutionary struggle on these distant shores, because it inflicted a blow on their proud rival, saw with consternation the principle that sustained it at work in their midst. Like the first crusade against the infidels, which at once healed all the animosities of the princes of Europe, a second crusade, harmonizing powers hitherto at variance, was formed against this principle of human rights, and the allied armies moved down upon the infant republic of France. The devastating flood of feudalism would soon have swept everything under but for the appearance of that strange embodiment of power, Napoleon Bonaparte. Rolling it back from the French borders, he commenced that long and fearful struggle which ended only at Waterloo. England rashly formed a coalition with the continental powers, anticipating an easy overthrow to the plebeian warrior, but soon found herself almost alone in the conflict; and instead of treading down her ancient rival, began to tremble for her own safety. The long and deadly strife that followed exhausted her resources and crippled her strength. Her war ships stretched from Copenhagen to the Nile, and to supply these with seamen, she resorted to impressment not only on her own shores, amid her own subjects, but on American ships, among American sailors. Our merchant vessels were arrested on the high seas, and men, on the groundless charge of being deserters, immediately coerced into the British service. To such an extent was this carried, that in nine months of the years 1796 and '97, Mr. King, the American minister at London, had made application for the release of two hundred and seventy-one seamen,[1] most of whom were American citizens.

At first the British Government claimed only the right to seize deserters; but its necessities demanding a broader application to right of search, her vessels of war arrested American merchantmen to seek for British seamen, and later still, for British subjects—finally, every sailor was obliged to prove himself a citizen of the United States on the spot, or he was liable to be forced into British service. American merchants were thus injured while prosecuting a lawful commerce, and worse than all, great distress was visited on the friends and relatives of those who were illegally torn from their country and pressed into the hated service of a hated nation. Over six thousand were known to have been thus seized, while the actual number was much greater.

Not content with committing these outrages on the high seas, English vessels boarded our merchantmen and impressed our seamen in our own waters. That line which runs parallel to the sea coast of every nation, and which is considered its legitimate boundary, presented no obstacles to British cruisers.

In 1804, the frigate Cambria boarded an American merchantman in the harbor of New York, and in direct opposition to the port officers, carried off several of her seamen. To complete the insult, the commander declared, in an official letter to the British Minister, that he "considered his ship, while lying in the harbor of New York, as having dominion around her within the distance of her buoys." Not long after a coasting vessel while going from one American port to another, was hailed by a British cruiser, and, refusing to stop, was fired into and one of her crew killed. Thus an American citizen was murdered within a mile of shore, and while going from port to port of his own country.[2]

These aggressions on land and insults at sea continued, at intervals, down to 1806, when our commerce received a more deadly blow from the British orders in council, and Napoleon's famous Berlin and Milan decrees. To annoy and cripple her adversary, England declared the whole coast of France, from Brest to the Elbe, in a state of blockade. Napoleon retaliated by the Berlin decree, in which he declared the British Islands in a state of blockade. The next year the English government issued other orders in council, blockading the whole continent, which were met by Napoleon's Milan decree.

These famous orders in council, so far as they affected us, declared all American vessels going to and from the harbors of France and her allies, lawful prizes, except such as had first touched at, or cleared from an English port. The Berlin and Milan decrees, on the other hand, pronounced all vessels that had so touched at an English port, or allowed themselves to be searched by a British cruiser, the property of France, while British goods, wherever found, were subject to confiscation. In short, if we did not confine our commerce to England, the latter would seize our merchantmen, wherever found, as lawful prizes, while if we did trade with her, or even touch at her ports at all, France claimed them as her property.

England, without the slightest provocation, had commenced a war against France, and irritated at her want of success, declared her coast in a state of blockade—thus violating an established law of nations. The principle has long been admitted and acted upon by the principal maritime nations of the world, that neutral flags have a right to sail from port to port of the belligerent powers, to carry any merchandise whatever, except those contraband of war, such as arms, munitions of war, or provisions for the enemy. The only exception to it is an actual blockade of a port where neutrals are forbidden an entrance. This principle is founded in common justice; otherwise two strong maritime nations might make a third neutral power the greatest sufferer from the war. Besides, if the right to create paper blockades is allowed, no restrictions can be placed upon it, and in case of another war with England, she could declare the whole coast of America, from Maine to Mexico, and that portion of our territory on the Pacific, in a state of blockade, while the naval force of the world could not maintain an actual one.

The injustice of these retaliatory measures was severely felt by our government. They placed us, a neutral power, in a worse attitude than if allied to one or the other we had been at open war with the third, for in the latter case our war ships could have defended our commerce, which would also have been under the protection of the cruisers of our ally. But now our men-of-war were compelled to look silently on and see American merchantmen seized, while two nations, instead of one, claimed the right to plunder us. Our commerce for the last few years had advanced with unparalleled strides—so that at this time our canvass whitened almost every sea on the globe, and wealth was pouring into the nation. Suddenly, as if the whole world, without any forewarning, had declared war against us; the ocean was covered with cruisers after American vessels, and the commerce of the country was paralyzed by a single blow.

But the most extraordinary part of the whole proceeding was, that while England, by her orders in council, shut the Continent from us and confiscated as a smuggler every American vessel that attempted to enter any of its ports, she herself, with forged papers, under the American flag, carried on an extensive trade. The counterfeit American vessel was allowed to pass unmolested by British cruisers, while the real American was seized. It was estimated that England made fifteen thousand voyages per annum in these disguised vessels, thus appropriating to herself all the advantages to be gained by a neutral nation in trading with the Continent, and using our flag as a protection.

These were the prominent causes of the war, sufficient, one would think, to justify the American Government in declaring it. One-hundredth part of the provocation which we then endured, would now bring the two governments in immediate and fierce collision.

But, notwithstanding England's desires and necessities, she would never have committed these outrages, had she not entertained a supreme contempt for our power, and cherished an inextinguishable hatred of the nation, rendering her utterly indifferent to our rights. The treaty of 1783, by which our independence was acknowledged, was wrung from her by stern necessity. It was not an amicable settlement of the quarrel—a final and satisfactory adjustment of all difficulties. On the part of England it was a morose and reluctant abandonment of a strife which was costing her too dear—the unwilling surrender of her best provinces under circumstances dishonorable to her flag, and humbling to her national pride. This hatred of the rebel colony was mingled with contempt for our institutions and national character, exhibited in a proud assumption of superiority and disregard of our rights and our demands. A nation sunk in helpless weakness may submit to tyrannical treatment, but one rapidly growing in strength and resources, is sure to have a day of reckoning, when it will demand a swift and complete settlement of the long-endured wrongs.

Our wisest statesmen, aware of this state of feeling, foresaw an approaching rupture. The elder Adams, as far back as 1785, says, in writing from England: "Their present system (the English) as far as I can penetrate it, is to maintain a determined peace with all Europe, in order that they may war singly against America."[3] In 1794, Washington, in a letter to Mr. Jay, after speaking of the retention of posts which the British Government had, by treaty, ceded to us, and of the conduct of its agents in stirring up the Indians to hostilities, says: "Can it be expected, I ask, so long as these things are known in the United States, or at least firmly believed, and suffered with impunity by Great Britain, that there ever will or can be any cordiality between the two countries? I answer, No. And I will undertake, without the gift of prophecy, to predict, that it will be impossible to keep this country in a state of amity with Great Britain long, if those posts are not surrendered." Still later, Jefferson, writing home from England, says: "In spite of treaties, England is our enemy. Her hatred is deep-rooted and cordial, and nothing with her is wanted but power, to wipe us and the land we live in out of existence."

Having scarcely recovered from the debility produced by the long revolutionary struggle—just beginning to feel the invigorating impulse of prosperity, the nation shrunk instinctively from a war which would paralyze her commerce and prostrate all her rising hopes. The Government hesitated to take a bold and decided stand on its rights, and urge their immediate and complete acknowledgment. This forbearance on our part, and apparent indifference to the honor of the nation, only increased the contempt, and confirmed the determination of the British Government. Still, remonstrances were made. Soon after the arrival of the British Minister, Mr. Hammond, in 1791, Jefferson stated the causes of complaint, followed up the next year by an able paper on the charges made by the former against our Government. This paper remained unanswered, and two years after Jefferson resigned his secretaryship.

The next year, 1794, the British Government issued an order of council, requiring her armed ships to arrest all vessels carrying provisions to a French colony, or laden with its produce. The American Government retaliated with an embargo, and began to make preparations for immediate hostilities. In a few months the order was revoked, and one less exceptionable issued, that calmed for awhile the waters of agitation, and Mr. Jay was sent as Minister to England, to negotiate a new treaty, which was to settle all past difficulties, establish some principles of the law of nations, especially those affecting belligerents and neutrals, and to regulate commerce. This treaty removed many of the causes of complaint, but like all treaties between a weak and strong government, it secured to England the lion's portion. But with all its imperfections and want of reciprocity, it was ratified in the spring of 1796, and became a law. Met at every step by a determined opposition, its discussion inflamed party spirit to the highest point, while its ratification was received with as many hisses as plaudits. Still, it brought a partial, hollow pacification between the two governments, which lasted till 1806, when the orders in council before mentioned were issued. Great Britain, however, hesitated not to impress our seamen and vex our commerce during the whole period, with the exception of the short interval of the peace of Amiens. In 1803, with the renewal of the war between her and France, impressment was again practiced, though met at all times by remonstrance, which in turn was succeeded by negotiation.

Those orders in Council seemed, at first, to preclude the possibility of an amicable adjustment of difficulties. The country was on fire from Portland to New Orleans. Cries of distress, in the shape of memorials to Congress, came pouring in from every sea port in the Union. Plundered merchants invoked the interposition of the strong arm of power to protect their rights, and demanded indemnity for losses that beggared their fortunes. Scorn and rage at this bold high-handed robbery, filled every bosom, and the nation trembled on the verge of war. Jefferson, however, sent Mr. Pinckney as envoy extraordinary to cooperate with Mr. Monroe, our minister to England, in forming a treaty which should recognize our maritime rights.

In the spring of the next year Jefferson received the treaty from London. It having arrived the day before the adjournment of Congress, and containing so much that was inadmissible, he did not submit it to that body.

In the first place, there was no provision against the impressment of seamen; and in the second place, a note from the British ministers accompanied it, stating that the British government reserved to itself the right to violate all the stipulations it contained, if we submitted to the Berlin decree, and other infractions of our rights by France. This reservation on the part of England was an assumption of power that required no discussion. To declare that she would annul her own solemn treaty, the moment she disapproved of our conduct towards other nations, was to assume the office of dictator.

In the mean time, the death of Fox, whose character and conduct the short time he was in power had given encouragement that a permanent peace could be established, and the election of the dashing and fiery Canning to his place, involved the negotiations in still greater embarrassments. To indicate his course, and reveal at the outset the unscrupulous and treacherous policy England was henceforth determined to carry out, he had ready for promulgation long before it could be ascertained what action our government would take on that treaty, those other orders in Council, blockading the continent to us. He declared, also, that all further negotiations on the subject were inadmissible; thus leaving us no other alternative, but to submit or retaliate. Thus our earnest solicitations and fervent desire to continue on terms of amity—our readiness to yield for the sake of peace what now of itself would provoke a war, were met by deception and insult. England not only prepared orders violating our rights as a neutral nation while submitting a treaty that protected them, but plundered our vessels, impressed our seamen, and threatened the towns along our coast with conflagration.

We could not allow our flag to be thus dishonored, our seamen impressed, and our commerce vexed with impunity, and declared common plunder by the two chief maritime nations of Europe. Retaliation, therefore, was resolved upon; and in December of 1807, an embargo was laid upon all American vessels and merchandize. In the spirit of conciliation, however, which marked all the acts of government, the President was authorized to suspend it soon as the conduct of European powers would sanction him in doing so. This embargo prohibited all American vessels from sailing from foreign ports, all foreign ships from carrying away cargoes; while by a supplementary act, all coasting vessels were compelled to give bonds that they would land their cargoes in the United States.

This sudden suspension of commerce, threatening bankruptcy and ruin to so many of our merchants, and checking at once the flow of produce from the interior to the sea-board, was felt severely by the people, and tried their patriotism to the utmost. Still the measure was approved by the majority of the nation. New England denounced it, as that section of the republic had denounced nearly every measure of the administration from its commencement. The effect of the embargo was to depress the products of our own country one half, and increase those of foreign countries in the same proportion. There being no outlet to the former, they accumulated in the market, and often would not bring sufficient to pay the cost of mere transportation, while the supply of the latter being cut off, the demand for them became proportionably great. Thus it fell as heavy on the agricultural classes as on the merchant, for while a portion of their expenses were doubled, the produce with which they were accustomed to defray them became worthless. But ship owners and sailors suffered still more, for the capital of the one was profitless, and the occupation of the other gone. It is true it helped manufacturers by increasing the demand for domestic goods; it also saved a large amount of property, and a vast number of American ships, which, if they had been afloat, would have fallen into the hands of French and English cruisers.

But, while the embargo pressed so heavily on us, it inflicted severe damage also on France and England, especially the latter. The United States was her best customer, and the sudden stoppage of all the channels of trade was a heavy blow to her manufactures, and would, no doubt, have compelled a repeal of the orders in council to us, had not she known that we were equal, if not greater sufferers. But while the two nations thus stood with their hands on each other's throats, determined to see which could stand choking the longest, it soon became evident that our antagonist had greatly the advantage of us, for the embargo shut ourselves out from the trade of the whole world, while it only cut England off from that of the United States. Besides, being forced to seek elsewhere for the products she had been accustomed to take from us, other channels of trade began to be opened, which threatened to become permanent.

A steady demand will always create a supply somewhere, and this was soon discovered in the development of resources in the West Indies, Spain, Spanish America, and Brazil, of which the British Government had hitherto been ignorant.

The loud outcries from the opponents of this measure, especially from New England, also convinced her that our government must soon repeal the obnoxious act.

Under the tremendous pressure with which the embargo bore on the people, New England openly threatened the government. John Quincy Adams, who had sustained the administration in its course, finding his conduct denounced by the Massachusetts Legislature, resigned his seat, declaring to the President that there was a plan on foot to divide New England from the Union, and that a secret emissary from Great Britain was then at work with the ruling federalists to accomplish it. Whether this was true or false, one thing was certain, an ominous cloud was gathering in that quarter that portended evil, the extent of which no one could calculate.

1809.

Under these circumstances the embargo was repealed, and the non-intercourse law, prohibiting all commercial intercourse with France and Great Britain substituted.

While these things were transpiring an event occurred which threatened to arrest all negotiations.

The Chesapeake, an American frigate, cruising in American waters, had been fired into by the Leopard, a British 74, and several of her crew killed. The commander of the latter claimed some British deserters, whom he declared to be on board the American ship. Capt. Barron denied his knowledge of any such being in the Chesapeake; moreover, he had instructed, he said, his recruiting officer not to enlist any British subjects. The captain of the Leopard then demanded permission to search. This, of course, was refused, when a sudden broadside was poured into the American frigate. Captain Barron not dreaming of an encounter, had very culpably neglected to clear his vessel for action, and at once struck his flag. An officer from the Leopard was immediately sent on board, who demanded the muster-roll of the ship, and selecting four of the crew, he retired. Three of these were native Americans, the other was hung as a deserter. This daring outrage threw the country into a tumult of excitement. Norfolk and Portsmouth immediately forbade all communication with British ships of war on the coast. July 2. The war spirit was aroused, and soon after Jefferson issued a proclamation, prohibiting all vessels bearing English commissions from entering any American harbor, or having any intercourse with the shore.

1808.

The act of the Leopard was repudiated by the English Government; but the rage that had been kindled was not so easily laid, especially, as no reparation was made. Mr. Monroe, our Minister to England, and Canning could not adjust the matter; neither could Mr. Rose, the English Minister, afterwards sent over for that especial purpose. The British Government would not consent to mingle it up with the subject of impressment generally, and refused to take any steps whatever towards reparation, until the President's hostile proclamation was withdrawn. Jefferson replied that if the minister would disclose the terms of reparation, and they were satisfactory, their offer and the repeal of the proclamation should bear the same date. This was refused and Mr. Rose returned home.

March.

In the midst of this general distress and clamor, and strife of political factions, Mr. Madison, who had been elected President, began his administration.

Jefferson had struggled in vain against the unjust insane policy of England. Embargoes, non-intercourse acts, all efforts at commercial retaliation, remonstrances, arguments and appeals were alike disregarded. Proud in her superior strength, and blind to her own true interests, she continued her high-handed violation of neutral rights and the laws of nations. In the mean time, the republic itself was torn by factions which swelled the evils that oppressed it. It was evident that Madison's seat would not be an easy one, and it was equally apparent that he lacked some most important qualities in a chief magistrate who was to conduct the ship of State through the storms and perils that were gathering thick about her. The commanding mind overshadowing and moulding the entire cabinet, the prompt decision, fearless bearing and great energy were wanting. His manifest repugnance to a belligerent attitude encouraged opposition and invited attack. Small in stature and of delicate health, with shy, distant, reserved manners, and passionless countenance, he was not fitted to awaken awe or impart fear. Still he was a thorough statesman. His official correspondence, while Jefferson's Secretary of State, his dissertation on the rights of neutral nations and the laws that should govern neutral trade, are regarded to this day as the most able papers that ever issued from the American cabinet. His knowledge of the Constitution was thorough and practical, and his adherence to it inflexible. The exigencies of war, which always afford apologies, and sometimes create demands for an illegal use of power, never forced him beyond the precincts of law or provoked him to an improper use of executive authority. His integrity was immovable, and though assailed by envenomed tongues and pursued by slanders, his life at the last shone out in all its purity, the only refutation he deigned to make.

But Madison possessed one quality for which his enemies did not give him credit, and which bore him safely through the perils that encompassed his administration—a calm tenacity—a silent endurance such as the deeply-bedded rock presents in the midst of the waves. Men knew him to be in his very nature repugnant to war, and when they saw him go meekly, nay, shrinkingly into it, they expected to laugh over his sudden and disgraceful exit. But while he was not aggressive and decided in his conduct, he boldly took the responsibilities which the nation placed upon his shoulders, and bore them serenely, unshrinkingly to the last. His hesitation in approaching a point around which dangers and responsibilities clustered prepared the beholder for weak and irresolute conduct, but he was amazed at his steadiness of character. This apparent contradiction arose from two conflicting elements. Incapable of excitement and opposed to strife, he naturally kept aloof from the place where one was demanded, and the other to be met. Yet, at the same time, he had a knowledge of the right, and an inflexible love for it which made him immovable when assailed.

On the whole, perhaps the character he possessed was better fitted to secure the permanent good of the country than that of a more executive man. A bold, decided chief magistrate, possessing genius, and calming by his superior wisdom and strength, the disturbed elements about him, and developing and employing the resources of the country at the outset, would probably have ended the war in six months. But the knowledge the country gained and communicated also to other governments of its own weakness and power, was, perhaps, better than the misplaced confidence which sudden success, obtained through a great leader would have imparted. In the vicissitudes of the war, we worked out a problem which needs no farther demonstration.

Madison's administration was based on those principles which had governed that of Jefferson, and the same restrictive measures were persevered in to compel England to adopt a system more conformable to our rights and the laws of neutrality. In the mean time Mr. Erskine was appointed Minister on the part of Great Britain to adjust the difficulties between the two countries. April 19, 1809. At first this seemed an easy task, for he declared that his government would revoke the orders in council on condition the non-intercourse act was repealed. The proposal was at once communicated to Congress when it assembled in May, and accepted by it. The 10th of June was agreed upon as the day on which commercial intercourse should recommence between the two countries, and the President issued a proclamation to that effect. In July, however, it was ascertained that the British Government repudiated the agreement entered into by its Minister, declaring that he had exceeded his instructions. A second proclamation reestablishing non intercourse was instantly issued, and the two countries were farther than ever from a reconciliation.

The conduct of Great Britain, at this period, presents such a strong contrast to her loud declarations before the world, or rather stamps them as falsehoods so emphatically, that the historian is not surprised at the utter perversion of facts with which she endeavored to cover up her turpitude, and quiet her conscience. Without any provocation, she had declared war against the infant republic of France. In order to shield herself from the infamy which should follow such a violation of the rights of nations, and waste of treasure and of blood, she planted herself on the grand platform of principle, and insisted that she went to war to preserve human liberty, and the integrity of governments. In this violent assault on a people with whom she was at peace, she made a great sacrifice for the common interests of states, and hence deserved the gratitude, and not the condemnation of men. With these declarations on her lips, she turned and deliberately annulled her agreements with the United States, and invaded her most sacred rights. She impressed our seamen, plundered our commerce, held fortresses on our soil, and stirred up the savages to merciless warfare against the innocent inhabitants on our frontier. While with one hand she professed to strike for the rights of nations, with the other she violated them in a hardihood of spirit never witnessed, except in a government destitute alike of honor and of truth. So, also, while sacrificing her soldiers and her wealth, to prevent the aggressions of Napoleon; nay, sending a fleet and troops to Egypt, for the noble purpose of saving that barbarous state from a reckless invader; her armies were covering the plains of India with its innocent inhabitants, and robbing independent sheikhs of their lawful possessions, until, at last, she tyrannized over a territory four times as large as that of all France, and six times greater than her own island. Such unblushing falsehoods were never before uttered by a civilized nation in the face of history. The most unscrupulous government does not usually cover up its tyranny and aggressions by pharisaic mummeries. There are all shades of hypocrisy, but to do the most damning acts under pretence of religious principle, has generally been considered the sole prerogative of the Spanish inquisition.

The disavowal of Mr. Erskine's treaty by the English government, and the consequent renewal of the non-intercourse act, threw the country into the fiercest agitation. The conduct of Great Britain appeared like mockery. Forcing us into conciliation by promises, and then withdrawing those promises; proposing to settle all difficulties by negotiation, and yet, in the progress of it, refusing to touch one of them, she determined to try the patience of the American people to the utmost. The disavowal of a treaty made by her own minister, which buoyed up the nation with the hope of returning peace and prosperity, well nigh exhausted that patience; and there is little doubt but that an immediate declaration of war would have been sustained by a large majority of the American people. In passing from town to town, the traveller saw groups of angry men discussing and denouncing the tyranny of England. The shout of "Free trade and sailors' rights," shook the land, while flashing eyes and clenched fists told how aroused the national feeling had become.

Mr. Jackson was sent, in the place of Mr. Erskine, to negotiate a treaty; but his proposals were the same as those which the administration had already rejected, while his insulting insinuation that the President knew when he made the arrangement with Mr. Erskine, that the latter was acting without authority, abruptly terminated all intercourse, and he was recalled.

1810.

On the first of May, Congress passed an act which revoked the restrictive system, yet excluded British and armed vessels from the waters of the United States.[4] It provided, however, that it should be renewed in March against the nation, which did not before that time so revoke or modify its edicts, as to protect the neutral commerce of the United States. This was regarded as the ultimatum, and beyond it, war against which ever government refused our just demands, was the only resort. Messrs. Pinckney and Armstrong, our ministers at the courts of England and France, were urged to press the repeal of those obnoxious orders in council and decrees, in order that such a catastrophe might be prevented. France receded, and Mr. Armstrong was notified that the decrees were to cease to have effect after the first of November, provided England withdrew her orders in council; or, if she refused, that the United States should force her to acknowledge the rights that France had, in a spirit of kindness, conceded. This glad intelligence was made known by the President in a proclamation, in which he also declared, that unless the British government repealed her orders in council, within three months from that date, the non-intercourse law should be revived against it.

In the mean time Mr. Pinckney urged, with all the arguments in his power, the English Cabinet to recede from its unjustifiable position. The latter endeavored, by prevarication and duplicity, to avoid coming to a definite understanding, but being closely pushed, it at length gave our minister to understand that the United States must force France to take the first step in revoking those odious acts against which we complained. But as England had been the aggressor, this was plainly unjust and impossible, and all hope of a peaceful settlement was given up, and on the 1st of March, 1811, he took a formal leave of the Prince Regent. At the same time Congress had passed an act, authorizing the President to arrest the non-intercourse Act at any moment that England should revoke her orders in council. April, 1811. On the 38th of the next month, Napoleon definitely revoked his Berlin and Milan decrees, so far as they related to us—the repeal to be ante-dated November 1st, 1810. This decree was forwarded by our minister, Mr. Barlow, who had succeeded Armstrong, to the English Government, but it still refused to repeal its orders in council on the ground that the decree did not embrace the continental states, and affected only the United States. It soon became apparent, therefore, to every one, that war was inevitable. The American Government had placed itself, where it could not recede without disgrace, while England was evidently resolved not to change her attitude.

1811.

Another collision at sea between two armed vessels inflamed still more the war spirit that was pervading the land. On the 16th of May a British sloop of war, the Little Belt, fired into the frigate President, thinking doubtless to repeat the outrage committed on the Chesapeake, but found her fire returned with such heavy broadsides that in a few minutes thirty-two of her crew were killed or wounded. The commander of the English ship declared that the American frigate fired first. This Rodgers denied, and his denial was sustained by all his officers.

The election of members of Congress, which took place in 1810 and 11, had given a majority to the administration, so that there could be harmony of action between the Legislature and the Executive. Beset with difficulties, treading on the brink of a war, whose issues could not be foreseen, anxious and uncertain, the President, by proclamation, called the Twelfth Congress together a month before the appointed time. It met Nov. 8th, and Henry Clay was chosen speaker. From the outset he had been a warm supporter of the Administration, and his eloquent voice had rung over the land, rousing up its warlike spirit, and inspiring confidence in the ability of the nation to maintain its rights. James Fisk, of Vermont, Peter B. Porter, and Samuel L. Mitchell, of New York, Adam Leybert, of Penn., Robert Wright, of Md., Hugh Nelson, of Va., Nathaniel Macon, of N. C., Calhoun, Langdon, Cheeves, and Wm. Lowndes, of S. C., Wm. M. Bibb and George M. Troup, of Ga., Felix Grundy, of Tenn., and Wm. P. Duval, of Ky., rallied round the young speaker, and presented a noble phalanx to the anxious President. On the other side were Josiah Quincy, of Mass, and Timothy Pitkin and Benjamin Talmadge, of Conn.

In the Senate the democratic leaders were Samuel Smith, of Md., Wm. B. Giles, of Va., Wm. H. Crawford, of Ga., George W. Campbell, of Tenn., and George M. Bibb, of Ky. Leading the opposition were James Lloyd, of Mass., and James A. Bayard, of Del.[5]

The great accession of strength which the democratic members had received, showed clearly the state of public feeling, especially south and west, and the doubtful, hesitating policy of the last four years was thrown aside. The tone of the President's Message was also decidedly warlike, and no hope was held out of an amicable adjustment of the difficulties with England. They were invoked as the "Legislative guardians of the nation," to put the country "into an armed attitude, demanded by the crisis." The halls of Congress resounded with the cry of "to arms." The nightmare of fear and doubt which had weighed down its councils was removed, and bold and fearless speakers called aloud on the nation to defend its injured honor and insulted rights. The might of England had ceased to be a bugbear—the Rubicon of fear was passed. Mr. Madison, deprecating precipitate measures, saw with alarm the sudden belligerent attitude which Congress had assumed. The democratic leaders however told him the nation was for war—that timidity would be his ruin—that those who were resolved to make Mr. Clinton their candidate at the next presidential election were taking advantage of his hesitation. In the mean time bills providing for the enlistment of twenty-five thousand men in the regular army; for repairing and equipping frigates and building new vessels; authorizing the President to accept the services of fifty thousand volunteers, and to require the Governors of the several States and territories to hold their respective quotas of a hundred thousand men in readiness to march at a moment's warning,[6] were rapidly pushed through Congress. Nov. 7, 1811. The brilliant victory, gained three days after Congress met by Harrison, over the Indians at Tippecanoe, helped also to kindle into higher excitement the martial spirit of the West and South-west, and for a while opposition seemed to be struck powerless before the rising energy of the nation.

The bill authorizing the President to accept and organize certain military corps to the number of 50,000, reported by Mr. Porter, Chairman of the Committee on Foreign Affairs, called forth a long and exciting debate. Mr. Grundy, one of the committee, defended the resolution in a bold and manly speech. Referring to the Indian hostilities on our north-western frontier, he unhesitatingly declared that they were urged forward by British influence, and war, therefore, was already begun. Some of the richest blood of the country had already been shed, and he pledged himself for the western country, that its hardy sons only waited for permission to march and avenge those who had fallen. He was answered by Randolph, who denied that Great Britain had stimulated the Indians to their merciless border warfare—stigmatized the war to which this resolution looked as a war of conquest—declared it was another mode of flinging ourselves into the arms of Bonaparte and becoming "the instruments of him who had effaced the title of Atilla 'the scourge of God.'"

He ridiculed the idea which had been started of conquering Canada, as an insane project, and useless if accomplished. "Suppose it is ours," he exclaimed, "are we any nearer to our point? As his minister said to the king of Epirus, "may we not as well take our bottle of wine before as after the exploit? Go march to Canada—leave the broad bosom of the Chesapeake and her hundred tributary rivers—the whole line of sea-coast from Machias to St. Mary's unprotected. You have taken Quebec—have you conquered England? Will you seek for the deep foundations of her power in the frozen depths of Labrador?

'Her march is on the mountain wave,

Her home is on the deep.'

Will you call upon her to leave your ports and harbors untouched only just till you can return from Canada to defend them? The coast is to be left defenceless whilst men in the interior are revelling in conquest and spoil." He pronounced the country to be in a state wholly unfit for war.

Mr. Clay answered him in an eloquent speech. He defended the character of our troops, and expressed his full confidence in the loyalty and bravery of the country. "Gentlemen," he said, "had inquired what would be gained by the contemplated war? Sir, I ask in turn, what will you not lose by your mongrel state of peace with Great Britain? Do you expect to gain anything in a pecuniary view? No sir. Look at your treasury reports. Yon now receive only $6,000,000 of revenue annually, and this amount must be diminished in the same proportion as the rigorous execution of the orders in council shall increase. Before these orders existed you received sixteen millions." He declared that war was inevitable unless we tamely sacrificed our own interests, rights and honor. In answering the objection that we ought only to go to war when we were invaded, he exclaimed in thrilling tones, while the house gazed in breathless silence on his excited features, "How much better than invasion is the blocking of your very ports and harbors, insulting your towns, plundering your merchants and scouring your coasts? If your fields are surrounded, are they in a better condition than if invaded? When the murderer is at your door will you meanly skulk to your cells? or will you boldly oppose him at his entrance?"

Every part of his speech told with tremendous effect. Many of the members opposed the bill, which continued the subject of debate for several days. Mr. Williams of South Carolina, defended it in a fearless speech. In reply to a remark made by one of the members, that it was unjust to go to war with England, as she was fighting for her existence, he exclaimed in a loud sonorous voice that pealed through the chamber, "If her existence, sir, depends upon our destruction, then I say down let her go. She is contending for the liberties of the world too, it seems. I would as soon have expected to hear that the devil had espoused the cause of Christianity. Sir, we may trace her progress for years through blood. Did she raise the standard of liberty in India? Was it for liberty she offered up so many human hecatombs on the plains of Hindostan? Was it to plant the standard of liberty in this country that she immolated even infant innocence during the war of the Revolution? Is it to extend or secure the blessings of freedom to us that the fireside and the cradle are exposed to savage incursions in the west at this time?" This part of his speech created a marked sensation.

The bill finally passed by 44 to 34.[7] The winter passed in exciting debates, both in Congress and in the State Legislatures, while every hamlet in the land was agitated with the notes of hostile preparations. March 9. In the midst of this excitement, the country was startled by the transmission of documents to Congress showing that a man by the name of Henry had been sent by the Governor of Canada to sound the disaffected New England States and endeavor to form some connection with the leading federalists.[8]

Apr. 8.

In the mean time, Jonathan Russell, of Rhode Island, who had been appointed chargé d'affaires to the English Court on the return of Mr. Pinckney, wrote home that there was no prospect that the British government would revoke its orders in council; and the President, therefore, on the first of April, recommended an embargo to be laid on all vessels in port, or which should arrive, for the term of sixty days. The message was received with closed doors, and the house felt that this was preparatory to a declaration of war. When Mr. Porter, in accordance with the recommendation of the message, brought in a bill to lay this embargo, there was great sensation in the house. In reply to the interrogation, whether this was a peace measure or preparatory to war, Mr. Grundy, one of the committee, arose and said, "it is a war measure, and it is meant that it shall lead directly to it." Mr. Stow, of New York, said, "if it was a precursor to war, there were some very serious questions to be asked. What is the situation of our fortresses? What is the situation of our country generally?" Mr. Clay then left the chair, and, in a short speech, made it apparent that after what had passed, to shrink from this because it was a war measure, would cover the nation with disgrace. Randolph, in reply, said, that he was so impressed with the importance of the subject, and the solemnity of the occasion, that he could not keep silent. "Sir," said he, "we are now in conclave—the eyes of the surrounding world are not upon us. We are shut up here from the light of Heaven, but the eyes of God are upon us. He knows the spirit of our minds. Shall we deliberate on this subject with the spirit of sobriety and candor, or with that spirit which has too often characterized our discussions upon occasions like the present? We ought to realize that we are in the presence of that God who knows our thoughts and motives, and to whom we must hereafter render an account for the deeds done in the body." He spoke at some length and earnestly. Clay seeing the effect of his solemn adjurations on some members of the house, left the speaker's chair and replied, that the gentleman from Virginia need not have reminded them in the manner he had, of the presence of that Being who watches and surrounds us. He thought that consciousness should awaken different sentiments from those which had been uttered. It ought to inspire us to patriotism, to the display of those qualities which ennobled man. God always was with the right, and extended his protection to those who performed their duty fearlessly, scorning the consequences. The discussion of the bill continued through several days, and exhibited, in a striking manner, the different effect of an event so momentous and fearful as war on different characters. In one, the overwhelming responsibility and direful results of adopting a measure leading to it, shut out all other considerations. To another, its chances and calamities were a matter of mere calculation to be taken and met by any nation that expected to exist; while many hailed it with the delight of true patriotism, feeling that the country had, at last, risen from its humiliating attitude. Mr. Bleecker addressed the house more like a clergyman than a statesman, warning the members to desist from the perilous course. On the other hand, Mr. Mitchell, from New York, declared, that the country was not to "be frightened by political screech-owls;" and, alluding to the profligate character of the Prince Regent, said, "he did not think any one should be afraid to face a nation, at whose head stood such a man—one who was some years since expelled a jockey club, and who was lately turned out of doors for his unworthy conduct to his neighbor's wife. The power with which we are to contend is not so terrific and almighty as is imagined."

Apr. 4.

The bill finally passed, 69 to 36. In the senate, 17 to 11.[9] About the same time another dispatch was received from Mr. Russell, closing with, "I no longer entertain a hope that we can honorably avoid war."

This was the feeling of the majority of the nation. In establishing certain fixed limits beyond which it would not go, and erecting certain barriers over which it would not allow England to pass, the American Government had taken a position from which there was no receding, with honor. While every thing was thus rapidly tending to war, and the public was eager with expectation, waiting for the next movement that should precipitate it, with all its horrors, on the land, a despatch, received by the British Minister, Mr. Foster,[10] from Castlereagh, closed at once every avenue towards a peaceful adjustment of the existing difficulties. In it he declared "that the decrees of Berlin and Milan must not be repealed singly and specially in relation to the United States, but must be repealed, also, as to all other neutral nations, and that in no less extent of a repeal of the French decrees, had the British Government ever pledged itself to repeal the orders in council."[11] This was saying, that unless the United States instituted herself lawgiver between France and all other European powers, and through her own unaided efforts obtained that which England, with all her maritime strength could not enforce, the latter would consider herself perfectly justified in withholding from us our national rights. This awkward attempt to cover up under the mask of diplomacy, duplicity and falsehood, from which an honorable mind would have shrunk, was perfectly characteristic of the man who carried the English and Irish Union by the most stupendous frauds and bribery and corruption that can be found in the annals of modern civilization.

I know the quasi denial of Mr. Foster, that this construction was a just one, yet the language used can convey no other. To place it beyond dispute, Lord Castlereagh, as late as May 22d, 1812, declared as British Minister, to the House of Commons, that as the Berlin and Milan decrees "were not unconditionally repealed, as required by his Majesty's declaration, but only repealed so far as they regarded America, he had no objection to state it, as his own opinion, that this French decree, so issued, made no manner of alteration in the question of the orders in council."[12]

It is rare to find such unscrupulous conduct on the part of a Ministry, protected by so miserable a subterfuge. It could not be supposed that the American Government would be deceived for a moment by it, but the belief that we could not be forced into a war, rendered ordinary care and cunning superfluous. Occupied with continental affairs alone, England looked upon the American Republic as only a means to accomplish her ends there. The administration, at Washington, was thus compelled by the arbitrary conduct of its enemy, to declare war, or forfeit all claim to the respect of the nations of the earth, and all right to an independent existence.

Under these circumstances, Mr. Madison no longer hesitated, but on the 1st day of June transmitted a warlike message to Congress. After recapitulating, in a general way, the history of past negotiations and past injuries, he says: "Whether the United States shall continue passive under these progressive usurpations and accumulating wrongs, or opposing force to force in defence of their natural rights shall commit a just cause into the hands of the Almighty Disposer of events, avoiding all connections which might entangle it in the contests or views of other powers, and preserving a constant readiness to concur in an honorable reestablishment of peace and friendship, is a solemn question, which the constitution wisely confides to the legislative department of the Government. In recommending it to their early deliberations, I am happy in the assurance that the decision will be worthy the enlightened and patriotic councils of a virtuous, a free and a powerful nation." This message was referred at once to the Committee on Foreign Relations, who reported ten days after in favor of an immediate appeal to arms. The deliberations on this report were conducted with closed doors.

A bill drawn up by Mr. Pinckney, and offered by Mr. Calhoun, declaring war to exist between Great Britain and the United States, was rapidly pushed through the House, passing by a vote of 79 to 49. In the Senate, being met not only by the opposition of the Federalists, but by the friends of De Witt Clinton, who voted with them, it passed by a majority of only six.[13] Congress, after passing an act, granting letters of marque, and regulating prizes and prize goods, authorizing the issue of Treasury notes to the amount of $5,000,000, and placing a hundred per cent. additional duties on imports, adjourned. July 8. In accordance with a resolution of Congress, the President appointed a day of public humiliation and prayer, in view of the conflict in which the nation had entered.

The War of 1812

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