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in a war. That difference however wasam icably ac-, was not applied, and this is evident from the terms commodated. The pretension was withdrawn and of the blockade itself, by which, comparatively, an reparation made to the United States for the losses inconsiderable portion of the coast only was declarwhich they had suffered by it. It was fair to infer from that arrangement that the commerce was deemed by the British government lawful, and that it would not be again disturbed.

ed to be in a state of strict and rigorous blockade. The objection to the measure is not diminished by that circumstance. If the force was not applied, the blockade was unlawful from whatever cause the failure might proceed. The belligerent who institutes the blockade cannot absolve itself from the ob ligation to apply the force under any pretext whatever. For a belligerent to relax a blockade, which

text for that vast system of usurpation, which has so long oppressed and harrassed our commerce.

Had the British government been resolved to contest this trade with neutrals, it was due to the character of the British nation that the decision should be made known to the government of the United States. The existence of a negociation it could not maintain, it would be a refinement in which had been invited by our government, for the in ustice, not less insulting to the understanding purpose of preventing differences by an amicable than repugnant to the law of nations. To claim arrangement of their respective pretensions, gave a merit for the mitigation of an evil, which the party strong claim to the notification, while it afforded either had not the power or found it inconvenient the fairest opportunity for it. But a very different to inflict, would be a new mode of encroaching on policy animated the then cabinet of England. The neutral rights-Your committee think it just to reliberal confidence and friendly overtures of the mark that this act of the British government does United States were taken advantage of to ensnare not appear to have been adopted in the sense in them. Steady to its purpose and inflexibly hostile which it has been since construed. On considerato this country, the British government calmly tion of all the circumstances attending the mea. looked forward to the moment, when it might give sure, and particularly the character of the distinthe most deadly wound to our interests. A trade just guished statesman who announced it, we are perin itself, which was secured by so many strong and suaded that it was conceived in a spirit of conciliasacred pledges, was considered safe. Our citizens tion and intended to lead to an accommodation of all with their usual industry and enterprise had em- differences between the United States and Great barked in it a vast proportion of their shipping, Britain. His death disappointed that hope, and and of their capital, which were at sea, under no the act has since become subservient to other pur other protection than the law of nations, and the poses. It has been made by his successors a pre⚫ confidence which they reposed in the justice and friendship of the British nation. At this period the unexpected blow was given. Many of vessels were The next act of the British government which seized, carried into port and condemed by a tribu- claims our attention is the order of council of Janu nal, which, while it professes to respect the law of ary 7, 1807, by which neutral powers are prohibited nations,obeyd the mandates of its own government. trading from one port to another of France or her Hundres of other vessels were driven from the allies, or any other country with which Great ocean, and the trade itself in a great measure sup- Britain might not freely trade. By this order the pressed. The effect produced by this attack on the pretension of England, heretofore claimed by every Jawful commerce of the United States was such as other power, to prohibit neutrals disposing of parts might have been expected from a virtuous, inde. of their cargoes at different ports of the same enependent and highly injured people. But one my, is revived and with vast accumulation of inju sentiment pervaded the whole Amer can nation.ry. Every enemy, however great the number or No local interests were regarded; no sordid mo-distant from each other, is considered one, and the tives felt. Without looking to the parts which suf-like trade even with powers at peace with England, fered most, the invasion of our rights was consider-who from motives of policy had excluded or reed a common cause, and from one extremity of our strained her commerce, was also prohibited. In Union to the other, was heard the voice of an united this act the British government evidently disclaimed people, calling on their government to avenge their all regard for neutral rights. Aware that the mea wrongs, and vindicate the rights and honor of their sures authorised by it could find no pretext in any country. belligerent right, none was urged. To prohibit From this period the British government has the sale of our produce, consisting of innocent ar gone on in a continued encroachment on the rights ticles at any port of a belligerent, not blockaded, to and interests of the United States, disregarding in consider every belligerent as one, and subject neuits course, in many instances, obligations which trals to the same restraints with all, as it there was have heretofore been held sacred by civilized na- but one, were bold encroachments. But to restrain tions.

or in any manner interfere with our commerce with neutral nations with whom Great Britain was at peace, and against whom she had no justifiable cause of war, for the sole reason, that the restrained or excluded from their ports her commerce, was utterly incompatible with the pacific relations sub

In May, 1806, the whole coast of the continent from the Elbe to Brest inclusive, was declared to be in a state of blockade. By this act, the well esta blished principles of the law of nations, principles which have served for ages as guides, and fixed the boundary between the rights to belligerents and sisting between the two contries. neutrals, were violated: By the law of nations, as We proceed to bring into view the British order recognized by Great-Britain herself, no blockade in council of November 11th 1807, which supercedis lawful, unless it be sustained by the application of ed every other order, and consummated that system an adequate force, and that an adequate force was of hostility on the commerce of the United States applied to this blockade, in its full extent, ought which has been since so steadily pursued. By this not to be pretended. Whether Great Britain was order all France and her allies and every other able to maintain, legally, so extensive a blockade, country at war with Great Britain, or with which considering the war in which she is engaged, re she was not at war, from which the British flag was quiring such extensive naval operations, is a ques-excluded and all the colonies of her enemies, were tion which it is not necessary at this time to ex-subjected to the same restrictions as if they were amine, It is sufficient to be known, that such force actually blockaded in the most strict and rigorous

manner, and all trade in articles the produce and frontiers, your committee are not disposed to occupy much time in manufacture of the said countries and colonies and ply the place of authentic documents; though these have not been investigating. Certain indications of general notoriety may sup the vessels engaged in it were subjected to cap wanting to establish th fact in some instances. It is known that ture and condemnation as lawful prize. To this or symptoms of British hostility towards the United States, have never failed to produce corresponding symptoms among those tribes.der certain exceptions were made which we forbear It is also well known that on all such occasions, abundant sup to notice, because they were not adopted from a plies of the ordinary munitions of war have been afforded by the regard to neutral rights, but were dictated by poli-agents of British commercial companies, and even from British gurrisons, wherewith they were enabled to commence that system of savage warfare on our frontiers which has been at all times indiscriminate in its effects, on all ages, sexes and conditions, and so revolting to humanity.

cy to promote the commerce of England, and so far as they related to neutral powers, were said to emanate from the clemency of the British govern

ment.

already brought to your view.

Your committee would be much gratified if they could close here the detail of British wrongs; but it is their duty to recite another It would be superfluous in your committee to act of still greater mahguity, than any of those which have been The attempt to dismember our state, that by this order the British government de ion and overthrow our excellent constitution, by a secret misclared direct and positive war against the United sior, the object of which was, to foment discontents and excite insurrection against the constituted authorities and laws of the nation, States. The dominion of the ocean was completely as lately disclosed by the agent employed in it, affords full proof usurped by it, all commerce forbidden and every flag that there is no bound to the hostility of the British government driven from it or subjected to capture and condem- which it would not commit to accomplish their ruin. This attempt towards the United States-o act, however unjustifiable, nation, which did not subserve the policy of the excites the greater horror from the consideration that it was made British government by paying it a tribute and sail while the United States and Great Britain were at peace, and an amiable negociation was depending between them for the accon ing under its sanction. From this period the Uni-modation of their differences through public ministers regularly ted States have incurred the heaviest losses and authorised for the purpose.

most mortifying humiliations. They have borne The United States have beheld, with unexampled the calamities of war without retorting them on its forbearance, this continued series of hostile enauthors. croachments on their rights any interests, in the So far your committee has presented to the view hope, that, yielding to the force of friendly remon of the house the aggressions which have been com- strances, often repeated, the British government mitted under the authority of the British govern- might adopt a more just policy towards them; but ment on the commerce of the United States. We that hope no longer exists. They have also weigh. will now proceed to other wrongs which have been ed impartially the reasons which have been urged by still more severely felt. Among these is the im- the British government in vindication of these enpressment of our seamen, a practice which has coachments, and found in them neither justification been unceasingly maintained by Great Britain in for apology.

the wars to which she has been a party since our The British government has alleged in vindicarevolution. Your committee cannot convey in tion of the orders in council that they were resortadequate terms the deep sense which they entertained to as a retaliation on France, for similar aggresof the injustice and oppression of this proceeding sions comitted by her on our neutral trade with the Under the pretext of impressing British seamen, British dominions. But how has this plea been our fellow-citizens are seized in British ports, on supported?—The dates of British and French agthe high seas, and in every other quarter to which gressions are well known to the world." Their ori the British power extends, are taken on board Bri-gin and progress have been marked with too wide tish men of war and compelled to serve there as and destructive a waste of the property of our fellowBritish subjects. In this mode our citizens are citizens, to have been forgotten. The decree of wantonly snatched from their country and their Berlin of Nov. 21st, 1806, was the first aggression of families, deprived of their liberty and doomed to an France in the present war. Eighteen months had ignominious and slavish bondage, compelled to fight then elapsed, after the attack made by G. Britain on the battles of a foreign country and often to perish our neutral trrde, with the colonies of France and her in them. Our flag has given them no protection; allies, and six months from the date of the proclait has been unceasingly violated and our vessels ex-mation of May, 1806. Even on the 7th of Jan. posed to danger by the loss of the men taken from 1807, the date of the first British order in council them. Your committee need not remark that so short a term had elapsed, after the Berlin decree, while the practice is continued, it is impossible for that it was hardly possible that the intelligence of it the United States to consider themselves an inde- should have reached the United States. A retaliapendent nation. Every new case is a new proof of tion which is to produce its effect, by operating on their degradation. Its continuance is the more a neutral power, ought not to be resorted to, till unjustifiable because the United States have repeat-the neutral had justified it by a culpable acquiesedly proposed to the British government an arcence in the unlawful act of the other belligerent. It rangement which would secure to it the control of ought to be delayed until after sufficient time had its own people. An exemption of the citizens of been allowed to the neutral to remonstrate against the United States from this degrading oppression the measure complained of, to receive an answer, and their flag from violation, is all that they have and to act on it, which had not been done in the songht. present instance; and when the order of Novem

The lawless waste of our trade and equally unlawful impress ber 11 was issued, it is well known that a minister of ment of our seamen, have been much aggravated by the insults France had declared to the minister plenipotentiary of and indignities attending them. Under the pretext of blockading| the ports and harbors of France and her allies, British squadrons the United States at Paris, that it was not intended have been stationed on our own coast, to watch and annoy our that the decree of Beilin should apply to the United own trade. To give effect to the blockade of European ports, the ports and harbors of the United States have been blockaded. In States. It is equally well known, that no American executing these orders of the British government, or in obeying vessel had then been condemned under it, or seizure the spirit which was known to animate it, the commanders of these been made, with which the British goverment was squadrons have encroached on our jurisdiction, seized our vessels

and carried into effect impressments within our limits, and done acquainted. The facts prove incontestibly, that the other acts of great injustice, violence and oppression. The Unit- measures of France, however unjustifiable in themel States have seen with mingled indignation and surprise, that| these acts, instead of procuring to the perpetrators the punish-selves, were nothing more than a pretext for those thent due to their crimes, have not failed to recommend them to of England. And of the insufficiency of that prethe favor of their government. Whether the British government has contributed by active mea- text, ample proof has already been afforded by the fures to expite against is the hostility of the savage wibe un our British government itself, and in the most impres

sive form. Although it was declared that the or- Great Britain was also allowed to trade with them. ders incouncil were retaliatory on France for her By this declaration, it appears, that to satisfy the decrees, it was also declared, and in the orders them-pretensions of the British government, the United selves, that owing to the superiority of the British States must join Great Britain in the war with navy, by which the fleets of France and her allies France, and prosecute the war, until France should were confined within their own ports, the French be subdued, for without her subjugation, it were in decrees were considered only as empty threat.s vain to presume on such a concession. The hosIt is no justification of the wrongs of one power, been still further disclosed. It has been made matility of the British government to these states has that the like were committed by another; nor ought the fact, if true, to have been urged by ei-nifest that the United States are considered by it as ther, as it could afford no proof of its love of jus- their prosperity and growth are incompatible with the commercial rival of Great Britain, and that tice, of its magnanimity, or even of its courage.her welfare. When all these circumstances are It is more worthy the government of a great nation, to relieve than to assail the injured. Nor can a retaken into consideration. it is impossible for your petition of the wrongs by another power repair the committee to doubt the motives which have govern violated rights, or wounded honor, of the injured ed the British ministry in all its measures towards Equally is An utter inability alone to resist, would the United States since the year 1805. justify a quiet surrender of our rights, and degrad United States ought to pursue towards Great Briit impossible to doubt, longer, the course which the

party.

tain.

From this view of the multiplied wrongs of the British govern ment since the commencement of the present war, it must be evi

dent to the impartial world, that the contest which is now forced on the United States, is radically a contest for their sovereignty and independence. Your committee will not enlarge on any of the injuries, however great, which have had a transitory effect.They wish to call the attention of the house to those of a parlia

portant rights, and wound so extensively and vitally our best interests, as could not fail to deprive the United States of the prin pal advantages of their revolution, if submitted to. The control of our commerce by Great Britain, in regulating at pleasure, and expelling it almost from the ocean; the oppressive manner in which these regulations have been carried into effect by seizing and confiscating such of our vessels, with their cargoes, as were said to have violated her edicts, often without previous warth ing of their danger; the impressment of our citizens from on board

ing submission to the will of others. To that con dition the United States are not reduced, nor do they fear it. That they ever consented to discuss with either power the misconduct of the other, is a proof of their love of peace, of their moderation, and of the hope which they still indulged that friendly appeals to just and generous sentiment would not be made to them in vain- But the momentary nature only, which intrench so deeply on our most imtive was mistaken, if their forbearance was imputed, either to the want of a just sensibility to their wrongs, or of a determination, if suitable redress was not obtained, to resent them. The time has now arrived when this system of reasoning must cease. It would be insulting to repeat it. It would be degrading to hear it. The United States must our own vessels,on the high seas, and elsewhere, and holding them in act as an independent nation, and assert their rights | bondage until it suited the convenience of these oppressors to deliver them up, are encroachments of that high and dangerous tendency and avenge their wrongs, according to their own which could not fail to produce that pernicious effect, nor would estimate of them, with the party who commits those be the only consequences that would result from it.-The them, holding it responsible for its own misdeeds British government might for awhile be satisfied with the ascendaney thus gained over us, but its pretensions would soon increase. The unmitigated by those of another. proof, which so complete and disgraceful a submission to its authori ty would afford of our degeneracy, could not fail to inspire confi dence, that there was no limit to which its usurpations and our de gradations might not be carried.

AN ACT

For the difference made between Great Britain and France, by the application of the non-impor Your committee believing that the freeborn sons of America are tation act against England only, the motive has been already too often explained, and is too well worthy to enjoy the liberty which their fathers purchased at the price of much blood and treasure, and seeing in the measures known to require further illustration. In the com-adopted by G. Britain, a course commenced and persisted in which mercial restrictions to which the United States eight lead to a loss of national character and independence, feel not sorted as an evidence of their sensibility, and a mild hesitation in advising resistance by force, in which the Americans of the present day will prove to the enemy and to the world, that retaliation of their wrongs, they invariably placed we have not only inherited that liberty which our fathers gave us, both powers on the same footing, holding to each but also the will and power to maintain it. Relying on the patriotism of the nation and confidently trusting that the Lord of Hostr in respect to itself, the same accommodation, in will go with us to battle in a righteous cause, and crown our efforts case it accepted the condition offered, and in re-with success-your committee recommend an immediate appeal spect to the other, the same restraint, if it refused to ARMS. Had the British government confirmed the arrangement, which was entered into with the British minister in 1809, and France maintained her decrees, with France would the U. States have had to resist, BE it enacted by the Senate and House of Representatives of the with the firmness belonging to their character, the United States of America in congress assembled, That WAR be, continued violation of their rights. The committee and the same is hereby declared to exist between the United King dom of Great Britain and Ireland and the dependencies thereof, do not hesitate to declare, that France has greatly and the United States of America and their territories; and that injured the United States, and that satisfactory re-the President of the United States be, and he is hereby authorised paration has not yet been made for many of those to use the whole land and naval force of she United States, to carry the same into effect, and to issue to private armed vessels of the Injuries. But that is a concern which the United States will look to and settle for themselves. The high character of the American people, is a suffi cient pledge to the world, that they will not fail to settle it, on conditions which they have a right to claim.

Declaring War between the United Kingdom of Great Britain and
Ireland, and the dependencies thereof, and the United States of
America and their territories.

United States conmissions, or letters of marque and general re-
prisals, in such form as he shall think proper, and under the seal
of the United States, against the vessels, goods and effects of the
government of the same United Kingdom of Great Britain and
Ireland, and of the subjects thereof.
June 18, 1812.

Approved,

JAMES MADISON. On the final passage of the act in the Senate, the vote was 10

More recently, the true policy of the British go-to 13-in the House 79 to 49. vernment towards the United States has been com pletely unfolded. It has been publicly declared by those m power, that the orders in council should

It has never yet been our fortune to cowe be not be repealed, until the French government had fore our readers with so much interesting matter as revoked all its internal restraints on the British com this number contains, which we have spared no es merce, and that the trade of the United States, with Jertion to lay before them, to the exclusion of many France and her allies, should be prohibited until articles in type.

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274

THE WEEKLY RECISTER

-LEGISLATURE OF MASSACHUSETTS.

liberty." It is one of the first principles of government, that they will of the constituted authorities, express, d by the acts of the ma-ature of this state, to interfere in a question ex. We doubt the right of a single branch of the legis jority, demand the obedience of every citizen. Nor is it less the Peculiar province of the general government to direct and manage clusively belonging to the congress of the United our rational affairs, than it is our indispensable duty and highest States. interest, to afford then our prompt and effective aid, in carrying Our senators and representatives in con

into operation all their constitutional measures. Permit me, then gress have not asked our advice, nor do they need gentlemen, to recommend to you the adoption of such measures as it--and we are satisfied that they will consult the shall have a direct tendency to assimilate the views and feelings of interest, support the honor, and maintain the dig. the good citizens of this state to a friendship with our sister states, and a union of sentiment and firm attachment to the United States. nity of this state, and of the United States. If those who most freely indulge a propensity to complain against the measures of administration, were at the same time obliged to We apprehend that this address is calculated propose a substitute for what they censure, they would find that to embarrass and discourage the government, stir rulers have frequently but a choice of difficulties, and would them up opposition to its measures, weaken the conselves be compelled often to approve what they now loudly confidence of the people in their rulers, and convince demn. It is from a spirit of jealousy and division that we have more to apprehend, than from the boasted power of both the bellig rents our enemies that we are a weak, discontented, and of Europe. But as the danger to which we are exposed from divided people. abroad, increases, may we not reasonably hope, that our union among ourselves will also inervase. In the infancy of our inde

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The undersigned perceive, with extreme regret,

pendence, common danger not only united us, but even supplied, an intimation in this address, that our government in many cases, the defects of a feeble system of government, are about to wage an offensive war with England.— which possessed the power to recommend, but not the anthority to enforce its requisitions. Union is the vital strength of a nation, We are satisfied that no such intention exists. That particularly so of a republic, whose authority rests on public opini its object would be to redress and repel injuries long Our union is our safety-a house divided against itself since inflicted, still wantonly persisted in, and cannot stand. An indissoluble union of the states, is essential, not only to our prosperity, but even to our existence as a threatened to be further continued and enforced.nation. The people of the United States are the source of sovereigntyder edicts the most barbarous, savage and tyrannica'. A war to resist depredations the most wanton, unof these the militia of each state compose an essential part, and when well regulated, form our most natural and sure defence." A wat to save our commerce from destruction, and The actual state of the nation now requires that we should be our citizens from slavery. While we deprecate the placed in the best posture of defence--every measure that tends to the public safety, is of the first importance. To render a mili- the calamities of a war with Great Britain, tary force formidable, it must be well organized, armed and disci inclined to meet them in preference to that submis plined. Though the militia of this state have made considerable sion which this spiritless address recommends and progress in obtaining arms, and acquiring a knowledge of military

we are

The numerous and aggravated aggressions of

Lactics, you will, no doubt, adopt such further measures as may be indicates. requisite to complete their improvement. Perhaps no one thing is more necessary than a further supply of arms. And permit me to suggest for your consideration, the propriety of directing that England on our neutral rights can never be palliaall battalion musters, throughout the state, should be on one and ed by the conduct of France. the same day. Would not such a provision, have a tendency to increase the number of arms and accoutrements, by preventing one nation can never excuse the acts of the other. The injuries of the the practice of soldiers borrowing them from each other? Would The United States have conducted with impartiality it not also render regimental musters less necessary, and thus save and justice towards both; but by England particu time and expence to many of that useful class of citizens?

The restrictions and embarrassments, which the belligerents of larly, we have been insulted and abused—our dear. Europe have unjustly imposed upon our commerce, have induced est rights have been trifled with, our commerce des. many of our citizens to devote their time and wealth to the in-troyed, our seamen impressed, and our citizens erease and improvement of domestic manufactures. The prosperi

In such a crisis should a thought of selfp preser

ty of these, which have a direct tendency to render us less depen- enslaved. dent upon foreign nations, and more dependent upon ourselves.Blest with a country of various climates, abounding with raw mate-vation occur? Should interest or fear influence our rials of every kind, and a people truly industrious, and highly ingenious in the mechanical arts, we are capable of supplying our deliberations? Should we not rather be admonishe selves with the necessaries and conveniencies, if not with the luxu-ed by the spirit which actuated our fathers, which ries of life. By the increase of manufactures we shall enlarge our internal commerce; and different portions of our country will met tyranny at the threshold and resisted it with mutually supply the wants of each other, and add strength to the bond of union. manufactures, is within the tronize and support agriculture and peculiar province of the state legisla tures-and I presume, it is no less your inclination than your duty, to consider whether these important subjects require further legis

lative aid.

effect?

and humiliating-that it will encourage our enemies, Satisfied as we are that this address is submissive and embarrass ou friends-that it will tend to exThe people of this state, with great propriety, have made it our tinguish the patriotism which effected our revoluexpress duty “to cherish the interest of literature and science." tion; we take the liberty most solemnly to protest All good systems of government, and more especially all republican to this house, and the world against its sentiments, institutions, are founded on the information and virtue of the ple-these constitute the main pillars in the temple of freedom. its object and its tendency. And we pray that the The moral and social virtues cannot flourish where gross ignorance same may be placed on the journals of this house. prevails-without knowledge the heart cannot be good. Knowledge tends to purify the affections, soften the manners, and exalt the views of a people. Good governments have as much to hope, as bad ones to fear, from a well-informed, enlightened people. Let it, therefore be our enquiry, whether any further provisions are requisite to improve and extend the means of general infor- To the honorable Senate and House of Representa

muation.

peo

Legislature of Massachusetts. Protest of the minority of the house, against the me morial to congress.

[Signed by the Minority.] MEMORIAL.

tives of the United States, in Congress assembled, the undersigned Representatives of the commonwealth of Massachusetts, beg leave respectfully to

state

the state of Massachusetts have thought fit, by That whereas a majority of the representatives of The undersigned members of said House of Re the people of this state on the momentous subject memorial, to express the opinions and feelings of presentatives respectfully PROTEST against an ad of a British war, we are constrained by such emodress ofthis honorable house, to the Congress of the tions "as the love of country should inspire," to United States, now in session, setting forth the in enter our solemn protest against their memorial, not expediency of a war with Great Britain, stating the as the minority of the legislature of this state, but as dangers, calamities and ruin that would ensue, and, individuals, doubting the expediency, as well as as we apprehend, encouraging a belief that the peo-constitutionality of addressing congress on the subple of this Commonwealth are willing to submit to ject of peace or war in the capacity of legislators. the numerous outrages committed on our neutral The constitution, which we have sworn to support, rights. Thas placed this subject exclusively in the hands of

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