By a law passed the 6th of July, 1798, it is enacted, that "whenever there shall be a declared war between the United States and any foreign nation or Government, &c., all natives, citizens, denizens, or subjects, of the hostile nation or Government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies." Ought we, sir, to depend upon these men to man our fleets, or to defend our ports and harbors? So far as foreigners of this description are concerned, I do not hesitate to say that it is not for the interest of this country that our flag should protect them, and that I will never consent to continue this war for the maintenance of this principle on their account. It is well known, sir, that not only Great Britain, but that France, and all the nations of Europe, claim a right to the services of all their subjects in time of war. In the exercise of this right, the history of Europe shows that, at the commencement of almost all wars, proclamations have been issued by the belligerent powers, recalling their subjects to aid in the defence of their respective countries. During the present war in Europe, this has been done by Great Britain, by France, and the other belligerent powers. With respect to this claim of allegiance, it is not my intention to enter into the discussion whether, in the abstract, it is well or ill founded. This would lead me too far, and would tend to no practical good. I will, however, observe, that it is a right, a claim, which has been long exercised in Europe, and has been sanctioned and acknowledged by the most able and distinguished European writers on public law.
With respect to foreigners, who have been naturalized under our laws, the question is of a more distinct nature, and presents greater difficulties. We ought, undoubtedly, to fulfill all our obligations towards them. What these obligations are, and how far they extend, are questions about which a diversity of sentiment may prevail.—While they remain within our territories, and within our exclusive jurisdiction, they are shielded by the general principle, that all within our dominion and exclusive jurisdiction, are, of course, protected against all claims whatever, and never to be molested in any way without our consent. But, sir, when they go without our territories, and beyond our exclusive jurisdiction, and come within the sphere of the claim of their former Government, the opinion of the best writers on public law seems to be, that the obligation of the country, under whose laws they have been naturalized, does not extend to guaranty them against such claims, unless their allegiance was changed with the consent of their former Government. But, sir, whatever speculative opinions may be entertained on this subject, the number of naturalized seamen is so small, that few, if any, can be of opinion that we ought to have declared war, or that we ought to continue it on their account alone. The whole number of seamen naturalized from 1796 to 1810, as appears by the returns made to the Department of State, is 1,332. This includes those of all nations. What proportion of these were British, or how many of them are now in our service, it is impossible to determine. I presume, however, the number of naturalized British seamen now in our employ does not exceed two or three hundred. Shall we, sir, continue the war for these men?
I am aware, sir, that with respect to impressment from our merchant vessels, abuses have happened, that although the right of taking American citizens is not claimed, the British commanders have not been scrupulous whether they took British subjects or American citizens. Sir, these abuses I never can, and I never will justify. I am satisfied, however, that they have been exaggerated.
But, sir, let me ask, if we have not really intended to protect foreign seamen under our flag, if we have not been guilty of gross negligence, to say the least of it, towards our native seamen? whether, by our laws, and the practice under them, we have afforded them all that protection and security to which they are entitled?
In 1796, Congress passed an act for the relief and protection of American seamen. By this act, the collectors of the several ports were directed, on application, to enter the names of seamen, being citizens of the United States, to grant them certificates, in a form given in the act. In this certificate, the collector is to describe the person of the applicant: also, to declare that, on proof produced to him agreeable to the act, the seaman is a citizen of the United States of America.
It is not a little singular that, although the proof of citizenship to be produced to the collector must be agreeable to the directions of the act, the act itself nowhere directs what that proof must be. Every collector, therefore, has, under this act, used his own discretion, or has pursued such directions as he may have received from the Government as to the kind of proof. What, sir, has been the practice under this law? Have those certificates, or protections, as they are commonly called, been confined to bona fide American citizens? No, sir; we cannot, we ought not, to shut our eyes against facts too notorious to be concealed or denied. Under this act, made expressly for the protection of American seamen, every foreign seaman, almost, at the moment of setting his feet on our shores, has obtained a certificate from some collector, that he is a citizen of the United States; and, with this certificate in his pocket, although perhaps a deserter from his own Government, he enters a public or private vessel, as an American seaman. The mode of obtaining proof of citizenship is well understood. Among other modes, some of which are too disgraceful to be mentioned in this place, those foreign seamen will go before a magistrate, and, although hardly able to speak the English language intelligibly, will swear, for each other, that they were born within the United States, and are American citizens. On such proof, a proof of this sort, the collector issues his certificate.
It will be recollected, sir, that this subject was brought before this House during the last session, in a case from Philadelphia, when a certificate of this kind was obtained by the most flagrant and avowed act of perjury on the part of a foreigner who had just arrived in this country. It was found, on inquiry, that there was no law, either of Pennsylvania or of the United States, to punish the man for this act of false swearing. Not only have these protections been thus obtained by fraud and perjury, but they have also, long since, been an object of barter; they have been bought and sold, and transferred from one to another, not only in this country, but in foreign countries.
To show the extent of this traffic in seamen's protections, permit me to state some facts, of which I have no doubt, knowing the source from whence I have derived them. An American captain having a ship in Bristol, in England, without a crew, he applied to a man who kept a boarding-house for sailors, to procure a crew of American sailors in port; he showed him a great number of American protections, which he agreed to sell him for two guineas each, and with the aid of these to procure him a crew. By high wages, and by suiting these protections to the description of British sailors, he procured this captain his ship's crew; not only so, but when the ship was about to sail, and it was doubtful whether those who had engaged for the voyage would actually go on board, this man actually procured some of a press gang to take them as American sailors, who had deserted from their ships, and put them on board. When we ourselves place no confidence in these certificates, when we know that they are thus obtained by fraud and perjury, can we expect that foreign nations will give credit to them? Instead of being a shield and protection to the real American sailor, they have become a dangerous weapon of offence.
If, sir, it is not for the permanent interest of the United States to employ so many transient foreign seamen, we ought long since, not only to have refused these false protections, but to have passed laws for the encouragement of our native seamen, similar to those which have been adopted in commercial countries, and are commonly called navigation acts. This would, in some measure, have relieved us from the evils which we now experience, in consequence of the employment of so many foreign seamen.