In addition to all this, it is a singular fact in the history and progress of this war, that in five days after its declaration, (viz. on the 23d of June, 1812,) and as soon as the aforesaid decree of the French Emperor was made known to the British Ministry by Mr. Russell, an Order in Council was issued, repealing the former obnoxious orders, which had been ostensively the most prominent cause of the war; and yet the President has never issued his proclamation announcing that fact, as by the terms of the law of March 2d, 1811, he was expressly bound to do. On this failure of the President to do what the law enjoined on him to perform, as well as having issued his proclamation of November, 1810, without possessing the facts required by the law to support him, I make no comment. The account is still unsettled between him and this injured country.
The Orders in Council having thus been revoked, the continuance of the war seems to rest upon the impressment of our seamen alone. Give me leave then to inquire into the grounds of this practice, as claimed by Great Britain. Is it not bottomed on the ancient doctrine of perpetual allegiance—or in other words, that the native-born subject can never so expatriate, as that the mother country may not claim his service in time of war? Is this a novel doctrine, either as to time, or the nation who now attempts to enforce it? I venture to say that Great Britain has practised upon this principle ever since she has been a nation; and it is farther manifest that France, and all the maritime powers of Europe, have maintained the same doctrine. Nay, sir, we maintain the same doctrine in our own country; in proof of which, witness the President's proclamation at the commencement of this war; and notice also the recent case of Clark the spy, who was condemned to suffer death by a court martial, and was pardoned by the President on the ground of his owing allegiance to the United States, although residing in an enemy's territory, and having been naturalized or sworn allegiance to the King of Great Britain. Hence it would seem, that the principle set up was not novel nor singular. But what is the principle in contest between the two Governments? Great Britain claims the right to visit neutral merchant ships on the high seas; and if she finds any of her natural born subjects, to take them into her service. The Government of the United States denies to her this right, and asserts, that a foreigner naturalized in this country, is absolved from all allegiance to the parent State. The practice of Great Britain under her principle, has undoubtedly subjected some of our native citizens to capture and involuntary service, from causes which I need not here repeat. In all such cases, I take it to be admitted on all hands, that she sets up no claim, and therefore every abuse of this sort is capable of remedy. But on this head I have no hesitation in expressing my unqualified belief, founded on documents which have been laid on our tables, that the list of such impressed seamen is greatly exaggerated. Out of the number six thousand two hundred and fifty-seven of American citizens said to have been impressed, and forming a standing head piece to the list of our grievances, I very much question if five hundred native Americans can be found among them all. The documents lately furnished by the Secretary of State, if carefully examined, will serve very much to substantiate this fact. Many names are there returned who have only forwarded their claims to our Consul at London, and who, very probably, never set foot on American ground. Others again are continued on the list who have been discharged years ago, and others who have voluntarily engaged in her service.
The question then at issue, I take to be this—Shall the war with Great Britain be continued to oblige her to relinquish the practice of taking from our merchantmen her native British sailors? If we could obtain the principle by continuing the war, I think it can be demonstrated, that it would be injurious to the American seamen to have it so established, inasmuch as it would, by increasing the number of our seamen, necessarily diminish their wages. But, circumstanced as Great Britain is, contending for her existence against the most formidable power on earth, and resting her last hopes upon her navy, I presume she will never relinquish the principle.
The inquiry has been made, with some solicitude, what will you do with naturalized foreigners? I answer, treat them hospitably, and extend the arm of protection and all the blessings of government to them while they continue within your territorial jurisdiction; but if they leave your territory, and choose to go upon the great highway of nations, the risk and the choice are their own, as will be the peril. Put the case fairly to the yeomanry of our country, and let them understand the subject, that this war is to be carried on for the purpose of protecting foreigners while sailing on the high seas, and I very much incline to the opinion, that they would, dismiss the authors of this war from further service, or oblige them soon to bring it to a close. Sir, I will not consent to waste one drop of pure American blood, nor to expend a single dollar, to protect, on the high seas, all the vagabonds of Europe. Valuable as may have been the acquisition in obtaining many great and good men as emigrants from Europe, still I must maintain the opinion, that all the blessings of liberty and domestic government, which are secured to them in common with our native citizens, ought to be an ample compensation. I know it is no easy matter to draw the precise line where protection shall cease; but in a question of such moment as peace or war, the prosperity and happiness, perhaps the misery and ruin of our country, I cannot hesitate as to the course proper to be pursued.
With respect to protections, they have become so much a matter of bargain and sale, that having been counterfeited and sold in almost every port in Great Britain, as well as in America, they have long since ceased to answer any valuable purpose. It has been a fact long since well established, that a foreigner, who could scarcely speak our language, could procure a protection in Great Britain purporting to be evidence of his American citizenship. This then may account for the light and contemptuous treatment given to this species of evidence by the officers of the British navy.
Friday, January 8.
Mounted Rangers.
Mr. Jennings said that it must be recollected by the House, that the act which was passed at the last session of Congress, for the raising certain companies of rangers for the protection of the frontiers, had expired. Those rangers were raised under the apprehension of attacks from the savages; and these apprehensions have unfortunately been realized far beyond the general anticipation. When those companies were raised, Mr. Speaker, we expected long since to have taken possession of the British Province of Upper Canada, thereby to have intercepted the connection and communication between the British and the northwestern Indians. It will therefore readily be perceived, that in consequence of our disappointed expectations in that quarter, the northwestern frontier will be more exposed to the savage knife and tomahawk, at the opening of the approaching spring, than they have been heretofore. This description of force, if again organized, and stationed at suitable points without the frontier settlements, will render it more efficient, and in a better situation to range the woods and prevent the unapprised attack of the savage upon the helpless women and children. If we had to expect invasion from a civilized foe, our situation would not excite so much terror, but the savage character draws no distinction between the helpless infant and the prisoner of war. Under such circumstances, no calculation of expenditure ought to have any weight against a measure calculated to afford a necessary and proper protection to such an important and extensive frontier of the United States. The secrecy and facility with which the savages can assail that frontier, renders it improper that we should depend entirely for protection upon the volunteers and militia of an adjoining State. They carry with them their prejudices, and too often forget the sacred rights of private property. This fact has unfortunately been verified by a petition which I presented yesterday from the territory which I represent. But I cannot believe that such is the character of the citizens of Kentucky, although I do believe that the cause of that plundering, so far as it did take place in the western part of the territory of Indiana, by a portion of the Kentucky volunteers, may be found in the unhallowed exertions of local political purposes, to impress on the minds of at least some of those volunteers, that they were to defend British agents, British partisans, and persons having connection with the savages.
I shall now (said Mr. J.) present to the House the following resolutions which I have prepared, as well for the purpose of offering a bounty in lands to those who would volunteer their services as rangers for the protection of the northwestern frontier, as for the purpose of inquiring into the expediency of paying the militia and volunteers who have already rendered important services in shielding the helpless from savage cruelty:—
"Resolved, That the Committee on Military Affairs be, and they are hereby, directed to inquire into the expediency of authorizing the President of the United States to raise at least twelve companies of rangers, by the acceptance of volunteers or enlistment for one year, to be mounted or otherwise, as the service may require.