Documents Relating to the War of 1812
[Originally published by the Literary and Historical Society of Quebec in Historical Documents, Series 5 (1877)]
ENGAGEMENT BETWEEN HIS MAJESTY'S SHIP "LEOPARD," CAPTAIN HUMPHREYS, AND THE UNITED STATES FEIGATE " CHESAPEAKE," CAPTAIN GORDON, UNDER COMMODORE BARRON.
BRITISH ACCOUNT.
Halifax, July 7, 1807.
His Majesty's sloop of war “ Columbine,” Capt. Bradshaw, arrived here on Saturday last from the Chesapeake, after a passage of six days, with dispatches to the Honorable Vice-Admiral Berkeley. These dispatches relate to an unpleasant contest, which has taken place between His Majesty's ship “ Leopard,” Captain Humphreys, and the United States frigate " Chesapeake," Commodore Barron. As this is an event of the utmost importance to two nations, whose best interest it is to be in amity with each other, we have endeavoured to collect as far as possible the interesting particulars. The Order of Vice-Admiral Berkeley, with which we have been favored, will shew the ground of difference ; the propriety of the order given ; and that part of the order which gave to Commodore Barron, the reciprocal right of search, must shew to every candid mind, a sincere disposition to avoid wounding the feelings of the Commodore, or of bringing the question to this painful issue.
The manner in which Capt. Humphreys carried into effect the Admiral's order, will fully appear in the subsequent interesting letter from an officer belonging to the “ Leopard,” and reflects the highest honour on Capt. Humphreys, who has shewn, on the one hand, the most patient forbearance ; and on the other, the most inflexible determination to do his duty,
Extract of a letter from a Gentleman on board His Majesty's Ship Leopard, dated
CHESAPEAKE BAY, June 24, 1807.
“ We arrived here on the 21st inst., and, agreeably to the orders of the Hon. Vice-Admiral Berkeley, (in the event of meeting the United States Frigate “ Chesapeake,” to search her for Deserters, of whom we had information,) the next morning, the Signal was made from the “ Bellona” to proceed to sea, which we did, at 9 o'clock this morning : the “ Chesapeake” was then passing the “Bellona,” about three miles within us. We stood to the S. E. with the wind at S. W. until eleven, when it shifted to E. which retarded the progress of the Frigate, she being obliged to beat out—we kept on a wind, under easy sail, until she got within two miles of us, when she shortened sail, and we bore down to her, we were about twelve or fourteen miles from the land ; when sufficiently close, the Captain hailed, and said he had dispatches from the British Commander-in-Chief—the answer was, “ send them onboard. I shall heave too,” which he did accordingly. I was sent on board with the Admiral's Orders, and a letter from Captain Humphreys saying, he hoped to be able to execute the Admiral's Order in the most amicable manner ; and, after the Commodore read the Order and Letter, he told me, his orders, from' his Government were most peremptory in not suffering any Foreigner to muster his ship's Company, but that he would write an answer to Capt. Humphreys' letter, if I would be the bearer of it to him—after having answered in the affirmative he wrote, saying that he had no deserters, and Unit his instructions prevented his allowing the “ Chesapeake” to be searched. I returned, with this answer, after being on board forty minutes. As the Admiral's Order was positive, there was no alternative but force—so we edged down to her, and Captain Humphreys hailed, and said, that Commodore Barron must be aware that the order of the British Commander in Chief must be obeyed, the only reply made to this, (which was thrice repeated) was “ I do not understand what you say”—now as we were to windward, and heard distinctly his answers, it was evident he also must have heard what Capt. Humphreys said—orders were then given to fire a shot across her bows from the Lower deck; after a minute another ; and, in two more no satisfactory answer being given, Capt. Humphreys ordered the fire to be opened on her, beginning with the foremost gun, and in succession after, but as the order was not perfectly understood, a broadside was poured into her ; Commodore Baron then hailed, when orders were given to cease firing, but as he only said he was going to send a boat on board, and as they were preparing to return the lire, it was supposed an artifice to gain time, and orders were again given to fire—two broadsides more wore the result, when she struck. Two Lieutenants, with several Midshipmen, went then on board the “ Chesapeake” to search for deserters, and after being there three hours, returned with four—three belonging to the “ Melampus,” and one to the "Halifax" ; the latter is the fellow who abused Lord James Townshend at Norfolk. Commodore Barron wrote to Capt. Humphreys, saying, that he considered the “ Chesapeake” his prize, and that he was ready to deliver her up to any person authorised to receive her ; Capt. Humphreys replied, that as he had executed the orders of the Commander in Chief, he had nothing more to do with her ; that he must forthwith join the rest of the squadron, and that he not only lamented, most sincerely, the necessity that compelled him to violent measures, but that if he could render the “ Chesapeake” any service, he would cheerfully do it. In short, Capt. Humphreys has conducted himself throughout the whole of the unpleasant transaction, in the most praiseworthy manner, as an Officer and Gentleman, he has more humanity in his composition than most mankind; you may then suppose that his feelings was none of the most comfortable on this occasion. The “ Chesapeake” returned but a few shot, they were scarcely prepared when we begun, and were thrown into such confusion, that the greatest part of the people deserted their quarters.
“ The number killed on board the “ Chesapeake,” according to their own statement, was six, and twenty-three wounded.
“ Twenty-six shot went through the hull, seven between wind and water ; the sails were completely riddled, and I have not a doubt but that in ten minutes more she would have gone down, the sea being so smooth every shot told after the first broadside, which was chiefly at the rigging.
“ Commodore Barron was slightly wounded in the leg by a splinter, he behaved in the coolest way imaginable, and stood at the open gang-way the greater part of the time.”
If any thing can place this matter in a stronger light, we need only compare the assurances of Commodore Barron, with the result. Of the deserters claimed, six were taken out of the frigate, upon searching her, two were killed, and one jumped overboard. The gunner of His Majesty's ship “ Chichester,” who basely deserted his Country's Flag, was found dead, acting in that station, on board the American frigate, and many others were left by Captain Humphreys, because they could not be identified.
AMERICAN ACCOUNT.
INTERESTING PARTICULARS OF THE LATE DISGRACEFUL OUTRAGE.
Extracted from the Norfolk Ledger of June 24th, 1807.
We are now to present our readers the details of the most unexampled outrage, in the perpetration of which the blood of our countrymen has been shed by the hand of violence, and the honor and independence of our nation insulted beyond the possibility of further forbearance.
At a very early hour yesterday morning a report reached this place which produced a degree of agitation beyond any thing we ever witnessed. or can attempt to describe. It was reported that on the preceding evening the “Chesapeake” Frigate which had gone to sea that morning, had been attacked by the British ship “Leopard,” Capt. Humphries, of 50 guns, and that the “Chesapeake” had struck her colours. Although the source from whence this information was derived, was not such as to deserve the highest consideration, yet it was stated in that way, and attended with' such circumstances, which left little hope that it was not true. Accordingly every vessel and boat from the Capes was boarded with great anxiety and which was not relieved until about 2 o'clock, when pointed information was received that the “ Chesapeake” was returning to Hampton Roads without showing any colours. About 4 o'clock all doubt was relieved by a spectacle which was calculated, and did not fail to rouse the indignation of every American present, and we trust that it will never subside until ample satisfaction has been made—eleven of our wounded fellow citizens arrived in a boat dispatched from the “ Chesapeake,” and now we learned the following particulars which we believe are correct :—
The “Chesapeake” Frigate, Capt. Gordon, under Commodore James Barron, got under way on Monday morning, and proceeded to sea, passing the Capes about 12 o'clock —at nine o'clock the “ Leopard” by signal from the Commodore's ship had got under way and stood out to sea—about 3 o'clock the “Chesapeake” and “ Leopard” approached, when the customary signal of firing a gun to leward, the signal for friends was made from both ships. Being about three leagues from the land the ships came within hail, when the Commander of the “Leopard” hailed and hoped Commodore Barron was well, and informed that he had dispatches for the Commodore. The ships hove too, and a boat came on board the “Chesapeake” with a letter from Capt. Humphries. In this letter was a copy of one from Admiral Berkeley, at Halifax, to all the British Commanders on this station, in which they were ordered to demand from the Commander of the “Chesapeake” four British seamen named in the letter, and that if they were not delivered by fair means to use force ; Captain Humphries stated in his letter that as Commodore Barron would perceive that his orders were peremptory he hoped that he would not oblige him to execute them by force. Commodore Barron returned an answer to the letter in which he stated that the orders of his Government forbid him to permit his vessel to be searched, or to deliver a man from her. The boat from the “Leopard” had no sooner returned on board, than a gun was fired ahead and astern of the Commodore, and instantly followed by a broadside from the “Leopard” accompanied by swivels and small arms. Six other broadsides followed, the two ships then within pistol shot, on board the “Chesapeake” all was astonishment ; the ship was unprepared for action : no man at his quarters ; and some of the officers at dinner. In this situation Commodore Barron hailed the “Leopard” repeatedly without effect; he then ordered the colors to be struck ; as this was doing a gun from the “Chesapeake” was fired, upon which the “Leopard” fired another broadside. The colors being now down, an officer was dispatched to the “ Chesapeake” who on coming on board expressed some regret on behalf of his commander for what had happened. He was received with great indignation by the American Officers who tendered their swords, which he refused, saying that he wanted the four men and nothing more, and demanded the muster roll, which was produced by the purser, and then was exhibited the degrading spectacle of nearly 400 Americans mustered on the deck of our American man of war by order of a British Lieutenant, and four of the crew taken away. The Lieutenant said he was desired to make Commodore Barron an offer of any services in the power of his Commander. It would be needless to say in what manner such an offer was received, it was considered as an aggravation of the outrage which had been perpetrated. The British Officer refusing to consider the “Chesapeake” as a prize, departed, informing Commodore Barron that he was at liberty to proceed whither he pleased. The Commodore returned to Hampton roads as before stated. We are sorry to add to this account that three of the crew were killed, and sixteen wounded, some of them dangerously. Commodore Barron was slightly wounded in the leg, and one midshipman. The ship is greatly injured in her hull, masts and rigging, and must be repaired before she can go to sea. Such are the details of this. affair, which we believe are substantially correct, being mostly furnished by a gentleman who was on board the “Chesapeake” last evening.
It is impossible that on such occasion there can be but one sentiment in the heart of every American. The independence of our country has been attacked, and in defending it our fellow citizens have been killed. Submission to the demand made on Commodore Barron, could not have been made without relinguishing our right as an independent nation. Every national ship is considered as a part of the nation's territory ; as well might the Government of Great Britain instruct her Officers to land in our country and assume the right of punishing those who have offended her laws as to enter our ships of war for the same purpose. This is not the Act of a rash imprudent commander, but acting in the execution of the deliberate orders of his superior officers, if not from the highest authority of the British Government, and we shall state our reasons for so thinking.
In the month of March, the “Halifax” Sloop of war, commanded by Lord Townshend, was lying in Hampton roads, and one of her boats with four men and a petty officer was sent on some duty. Being out of the reach of the guns of the “Halifax,” or being unobserved, the men rose upon the officer, and once threatened to throw him overboard, this however, they did not do but pulled for the shore, which they reached and proceeded to this place, where they entered with an officer then engaged in the enlistment of men for the “Chesapeake.” A formal demand was made to have them delivered up. The civil authority refused to interfere, and the officer who had enlisted them did not think himself authorised to deliver them up without orders from his superiors. The case was represented we believe at Washington. They were not delivered up, and were believed to be on board the “Chesapeake.” “We are confident that a representation of the case was made to the British Government, whose orders we apprehend were to take the men wherever they were to be found. Our readers will be informed that the “Leopard” arrived here only a few days since, and brought the orders of the Admiral at Halifax to take the men at all events and under any circumstances. It may be objected that there has not been time to hear from England since the circumstance respecting the “Halifax” occurred, which we think was about the 9th or 10th of March, but we know that answers to letters written to London as late as the 20th of March have been received here. However this may be, the Captain of the “Leopard” has acted under the orders of his superiors, and as such, the apt claims the serious attention and resentment of the people and government of this country. It is no justification to say, that the men ought to have been surrendered in the first instance. We shall not stop to examine that subject now, but whenever matters in dispute between nations is settled by force, then it is war ; unless from fear, or something worse, one of the nations is disposed to submit, which we trust and believe is not the case with the United States. It is the established usage for nations, who are not determined upon hostilities, to seek redress by negociation and certainly America has pursued that course with Britain on many occasions. If this act then is to be ascribed to the British Government, there is an end of all further negociation on the subject, and war must be the result. Greatly as we have always deprecated war with that country, conscious as we are that our country will experience infinite distress we look upon it as degrading beneath contempt, if we are to submit to such insult— No—we trust, that there will be but one heart and one hand in supporting the just rights, and the honor of our country. —If the act has not proceeded from the Government of England, we persuade ourselves that our Government will not want the unanimous support of its citizens in pursuing measures for the obtention of ample satisfaction.
We cannot close those remarks without noticing the manly and dignified conduct of the citizens of this place under this trying occasion. Exhibiting that cool but firm countenance, which is the true indication of determined courage ; no act of violence was committed, or intemperate expression used towards the British subjects, who happen to be here at this time ; and it would be an act of injustice to the latter, if we did not add that from every thing we could hear and see, they were penetrated with the deepest concern upon the occasion.
On the same subject the Norfolk Herald remarks : —We should blame no captain for executing the orders of his superior, if he executed them like a man ; but the cold-blooded, cowardly cruelty with which the business was effected, reflects disgrace and dishonor on the whole British navy. He well knew that the “Chesapeake” was little better than a lumbered store ship, carrying out supplies for the Mediterranean, as totally unprepared for action as conscious of danger ; and without waiting to see the effect of one broad-side, or to observe if she had struck, he continued his fire, till, in the sea phrase, she was quite cut up. Some of the shot went quite through the hull ; her rigging and sails are torn to pieces ; and she arrived with five feet water in the hold.
A Norfolk paper of June 27, states, that the pilots were discharged from the British squadron—that the commanders of the British vessels had threatened to man their launches and get supplies by force, that the inhabitants were preparing ball and cartridges in order to repel them.
BY THOMAS JEFFERSON,
President, of the United Stales of America,
A PROCLAMATION.
During the wars which, for some time, have unhappily prevailed among the powers of Europe, the United States of America, firm in their principles of peace, have endeavored by justice, by a regular discharge of all their national and social duties, and by every friendly office their situation has admitted, to maintain, with all the belligerents, their accustomed relation of friendship, hospitality, and commercial intercourse. Taking no part in the questions which animate these powers against each other, nor permitting themselves to entertain a wish but for the restoration of general peace, they have observed with good faith the neutrality they assumed, and they believe that no instance of a departure from its duties can be justly imputed to them by any nation. A free use of their harbours and waters, the means of refitting and of refreshment, of succour to their sick and suffering, have, at all times, and on equal principles, been extended to all, and this too amidst a constant recurrence of acts of insubordination to the laws, of violence to the persons, and of trespasses on the property of our citizens, committed by officers of one of the belligerent parties received among us. In truth these abuses of the laws of hospitality have, with few exceptions, become habitual to the commanders of the British armed vessels hovering on our coasts, and frequenting our harbours. They have been the subjects of repeated representations to their Government. Assurances have been given that proper orders should restrain them within the limits of the rights and of the respect due to a friendly nation, but those orders and assurances have been without effect ; no instance of punishment for past wrongs has taken place. At length, a deed transcending all we have hitherto seen or suffered, brings the public sensibility to a serious crisis and our forbearance to a necessary pause.
A frigate of the United States, trusting to a state of peace, and leaving her harbour on a distant service, has been surprised and attacked by a British vessel of superior force, one of a squadron then lying in our waters, and covering the transaction, and has been disabled from service, with the loss of a number of men killed and wounded. This enormity was not only without provocation or justifiable cause but was committed with the avowed purpose of taking by force, from a ship of war of the United States, a part of her crew, and that no circumstance might be wanting to mark its character, it had been previously ascertained that the seamen demanded wore native citizens of the United States. Having effected his purpose, he returned to anchor within our jurisdiction. Hospitality under such circumstances ceases to be a duty ; and a continuance of it, with such uncontrolled abuses, would tend only, by multiplying injuries and irritations to bring on a rupture between the two nations. This extreme resort is equally opposed to the interests of both, as it is to assurances of the most friendly dispositions on the part of the British Government, in the midst of which this outrage has been committed. In this light the subject cannot but present itself to that government, and strengthen the motive to an honorable reparation of the wrong which has been done, and to that effectual control of its naval commanders which alone can justify the Government of the United States in the exercise of those hospitalities it is now constrained to discontinue.
In consideration of these circumstances and of the rights of every nation to regulate its own police, to provide for its peace, and safety of its citizens, and consequently to refuse the admission of armed vessels into its harbors or waters, either in such numbers or of such descriptions, as are inconsistent with these, or with the maintenance of the authority of the laws, I have thought proper in pursuance of the authorities specially given by law, to issue this my
PROCLAMATION,
hereby requiring all armed vessels bearing commissions under the Government of Great Britain, now within the harbours or waters of the United States, immediately and without any delay to depart from the same, and interdicting the entrance of all the said harbors and waters to the armed vessels, and to all others bearing commissions under the authority of the British Government.
And if the said vessels, or any of them, shall fail to depart as aforesaid, or if they or any others so interdicted, shall hereafter enter the harbors or waters aforesaid, I do in that case forbid all intercourse with them or any of them, their officers or crews, and do prohibit all supplies and aid from being furnished to them or any of them.
And I do declare and make known, that if any person from, or within the jurisdictional limits of the United States shall afford any aid to any such vessel, contrary to the prohibition contained in this proclamation, either in repairing any such vessel, or in furnishing her, her officers or crew, with supplies of any kind, or in any manner whatsoever, or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance, beyond the limits and jurisdiction of the United States, or unless it be the case of a vessel forced by distress, or charged with public dispatches as hereinafter provided for, such person, or persons shall, on conviction, suffer all the pains and penalties by the laws provided for such offences.
And I do hereby enjoin and require all persons bearing office civil or military within or under the authority of the United States, and all others, citizens or inhabitants thereof, or being within the same, with vigilance and promptitude to exert their respective authorities, and to be aiding and assisting to the carrying this proclamation, and every part thereof, into full effect.
Provided nevertheless that if any such vessel shall be forced into the harbours or waters of the United States by distress, by the dangers of the sea, or by the pursuit of an enemy, or shall enter them charged with dispatches or business from their Government, or shall be a public packet for the conveyance of letters and dispatches, the commanding officer immediately reporting his vessel to the collector of the district, stating the object or causes of entering the said harbours or waters, and conforming himself to the regulations in that case prescribed under the authority of the laws, shall be allowed the benefit of such regulations respecting repairs, supplies, stay, intercourse and departure as shall be permitted under the same authority.
'I'M. JEFFERSON.
THE ANNALS OF THE TIMES.
Quebec, July 17, 1807.
We have expressed our unreserved and unequivocal approbation of the conduct of the “Leopard,” in enforcing the restoration of the British seamen, from the “Chesapeake.” We do not now resume the subject for the purpose of qualifying that approbation with anything like Jesuitical censure or blame. It may be very well for the Americans to avail themselves of the plea that the Right of Search is, at present, in discussion between Great Britain and the United States. "We very well know that the latter wish to discuss and dispute it ; but we cannot think it so well for that point to be conceded by any British writer. "We think ourselves fully justified in maintaining that it is a point which never suffered any discussion by one of the parties, but that it has ever been strenuously maintained by Great Britain, as a principle which cannot be abandoned.
But the conduct of the “Leopard” in the instance in question, does not rest on the general principle of the right of search. The case is still stronger, in favor of Great Britain and the Navy. In acting under the general principle of the right of search, it is exercised where there is no prior information of British seamen being on board a particular neutral. It is sufficient that such a thing may be, and the right is enforced on its bare possibility, without any previous formal claim.
In the case of the “Chesapeake” there was a certainty of four British deserters being on board. A claim was made in writing. All that was demanded was these four men. No general right was insisted on of searching for more, under a probability or possibility of finding others. Wherefore this must be considered as a special case distinct from all general principles previously agitated. It was a case founded on particular facts and standing alone, of course not involving any general question unless it be the right of demanding British seamen known to be in an American vessel.
Whilst we advocate the conduct of the “Leopard,” acting under orders, we sincerely and sensibly deplore the sufferings of the individuals who were the victims of a national difference. Nothing could be more gratifying to us than the intelligence that British humanity had offered alleviation and that its benevolence in favor of the sufferers, was
accepted by the United States.
AMERICAN ACCOUNTS.
The following is a copy of the letter addressed by the officers of the Wardroom of the "Chesapeake," to the Secretary of the Navy.
Late U. S. ship “Chesapeake,” Hampton
Roads, June 23, 1807.
SIR,
The undersigned officers of the late U. S. ship “Chesapeake,” feeling deeply sensible of the disgrace which must be attached to the late (in their opinion) premature surrender of the U. S. ship “Chesapeake” of 40 guns, to the English ship of war “Leopard” of 50 guns, without their previous knowledge, or consent, and desirous of proving to their country and to the world, that it was the wish of all the undersigned, to have rendered themselves worthy of the flag under which they had the honor to serve, by a determined resistance, to an unjust demand, do request the honorable Secretary of the Navy to order a court of enquiry into their conduct. At the same time they are compelled by imperious duty, by the honor of their flag, by the honor of their countrymen, and by all that is dear to themselves, to request that an order may be issued for the arrest of" of Commodore James Barron on the charges herewith exhibited which the undersigned pledge themselves to prove true, viz. :
1st. On the probability of an engagement, for neglecting to clear his ship for action.
2dly. For not doing his utmost to take or destroy a vessel which we conceive it his duty to have done. "With the highest respect,
We subscribe ourselves,
Your most obedient Servants,
BEN. SMITH, 1st Lieutenant,
WM. CRANE, 2nd Lieutenant,
W. H. ALLEN, 3rd Lieutenant,
S. ORDE CREIGHTON, 4th Lieutenant,
SYDNEY SMITH, 5th Lieutenant,
SAME. BROOK, S. M.
The Hon. R. Smith, Secretary of the U. S. Navy, Washington,
COURT MARTIAL FOR THE TRIAL OF JOHN WILSON alias JENKIN RATFORD (LATELY TAKEN FROM THE AMERICAN FRIGATE “CHESAPEAKE”) ON CHARGES OF DESERTION, MUTINY AND CONTEMPT.
HALIFAX, Aug. 23.
COURT MARTIAL.
On Wednesday last, a Court Martial was held on board H. M. S. “Belleisle,” Rear-Admiral Sir A. F. Cochrane, K B. Capt. N. D. Cochrane, for the trial of John Wilson alias Jenkin Ratford (lately taken from the American frigate “Chesapeake,”) on charges of Desertion, Mutiny and Contempt.
PRESIDENT. ,
Rear-Admiral Hon. Sir A. F. Cochrane, K. B.
Capt. F. Pickmore,
Capt. J. E. Douglas,
W. Fahie,
P. Beaver,
E. Hawker,
N. D. Cochrane.
It clearly appeared on the trial, that the prisoner was born in London,.—was a volunteer in the service—had boon some years in H. M. S. “Leopard,” but last in the “Halifax.” That, on the 7th of March last, the ship being then in Hampton Roads, the prisoner was sent with four other men, under a petty-officer, in the jolly-boat, to weigh a kedge anchor ; when, taking advantage of the dusk of the evening, the men mutinied upon the officer, and some of them threatened to murder him ; but the rest interfering, they desisted—and landing at Sewell's point the live made their escape. A few days after, the deserters were seen parading the streets of Norfolk, in triumph, under the American flag:—One of them, H. Saunders, being accosted by Lord Townsend, asserted that he had no intention of deserting, but was compelled by the others, and would embrace the first opportunity to return on board. At that moment the prisoner, Jenkin Ratford took the arm of Saunders, declaring that neither he nor any of the others should return to the ship—with a contemptuous gesture, asserted—That they were then in the Land of Liberty, and instantly dragged Saunders away1 : —That the prisoner had entered on board the "Chesapeake"—had proceeded to sea in her—and had been found on board that ship, after the action (by an officer of H. M. S. "Leopard,") hid in the coal-hole.
A variety of other circumstances were devoloped in the course of the evidence. The whole of which tended to prove, that although deserters from the American naval or military establishments had been readily given up by H. M. ships on the station ; yet on the other hand, they had ever been refused by the Americans, when demanded by British officers.
Two men had entered on board H. M. S. “Chichester” ; who, being demanded by an American officer as deserters from their service, were instantly restored, notwithstanding they were confessedly Englishmen. But W. Phillips, corporal of marines, John Mahoney, 37th regiment and others, having deserted from the “Chichester,” and entered, with their uniforms on, into the American service, were positively refused to be given up to the British officer sent to demand them.
The evasion and duplicity of the American Commodore, in denying that there were any deserters, on board his ship, were strikingly contrasted with the humane and honourable conduct of Capt. Humphreys ; who, evidently demonstrated the greatest reluctance to pursue the steps, which the refusal of the American Commodore rendered absolutely necessary.
After a full and patient hearing of the evidence, on both sides, the Court withdrew for about half an hour ; and, on its return, the Judge Advocate pronounced the sentence— Death !
The President addressed the unhappy criminal in a most pathetic and impressive style—lamenting much the depravity, which had induced him to desert the cause of his King and Country in the present eventful moment, when the very existence of that Country was threatened by inveterate and implacable enemies, on every quarter—and earnestly recommended him to occupy the remaining moments of his life, in making his peace with the Almighty.
ANNALS OF THE TIMES.
Another remarkable instance of different conduct on the part of the British and American Naval Officers respecting deserters.
London, August 7, 1807.
An American squadron of three frigates and a sloop. under (he orders of Commodore Dale, entered the Mediterranean in the summer 1801, to cruise against the Tripolines, with whom at the time they were at war. Although it was notoriously known, that a great proportion of the crews consisted of British seamen, yet no interruption was given them by the officers commanding on that station, but on the contrary every facility afforded, that could ensure success against their enemies. One day, when the “ President,” which bore the Commodore's pendant, and the “ Philadelphia,” another frigate, happened to be the only ships of war in the Bay of Gribraltar, a boat, as was frequently the case, came on shore from the “ President.” After landing, one of the men declared that he would not return on board of the frigate, that he was a British subject, and he would claim protection accordingly. On his refusing to embark, a scuffle ensued, in which the sailor was severely wounded. He contrived, however, to reach the main guard, when the officer on duty there took him under his protection. He was pursued by a Midshipman, and a party of men, and at the request of the Midshipman, who assured the officer that he was a deserter, he was delivered up, and conveyed on board of the frigate before the affair had been officially communicated to the Governor.
The captain of the prison ship then went on board the “ President,” to inquire into the merits of the case. The Commodore stated to him, that every man in the squadron had sworn himself to be a citizen of the United States before leaving America, and if they should take it into their heads to perjure themselves in every European port at which they might accidentally stop, and be encouraged in such conduct, that he would soon be left without a man ; and that under these circumstances he felt it his duty to detain him as an American Seaman. All this appeared extremely reasonable to the English Captain.
MESSAGE OF THE PRESIDENT OF THE UNITED STATES RELATING TO THE ATTACK QN THE “CHESAPEAKE.”
MESSAGE OF THE PRESIDENT OF THE UNITED STATES.
WASHINGTON CITY, Oct. 27, 1807.
This day at 12 o'clock, the President of the United States communicated, by Mr. Coles, his Secretary, the following Message to both Houses of Congress.
To the Senate and House of Representatives of the United States :
Circumstances fellow-citizens, which seriously threatened the peace of our country have made it a duty to convene you at an earlier period than usual. The love of peace so much cherished in the bosom of our citizens, which had so long guided the proceedings of their public councils, and induced forbearance under so many wrongs, may not ensure our continuance in the quiet pursuits of industry. The many injuries and depredations committed on our commerce and navigation upon the high seas, for years past, the successive innovations on those principles of public law, which have been established by the reason and usage of nations, as the rule of their intercourse, and the umpire and security of their rights and peace, and all the circumstances which induced the extraordinary mission to London, are already known to you. The instructions given to our ministers were framed in the sincerest spirit of amity and moderation. They accordingly proceeded, in conformity therewith, to propose arrangements which might embrace and settle all the points in difference between us, which might bring us to a mutual understanding on our neutral and national rights, and provide for a commercial intercourse on conditions of some equality. After long and fruitless endeavours to effect the purposes of their mission, mid to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained, and send them for consideration, candidly declaring to the other negociators, that they were acting against their instructions, and that their government therefore could not he pledged for ratification. Some of the articles proposed might have been admitted on a principle of compromise, but others were too highly disadvantageous, and no sufficient provision was made against the principal source of the irritations and collisions which were constantly endangering the peace of the two nations. The question therefore whether a treaty should be accepted in that form, could have admitted but of one decision, even had no declaration of the other party impared our confidence in it. Still anxious not to close the door against friendly adjustment, new modifications were framed, and further concessions authorized, than could before have been supposed necessary, and our ministers were instructed to resume their negociations on those grounds.
On this new reference to amicable discussion, we were reposing in confidence, when on the 22nd day of June last, by a formal order from a British Admiral, the frigate “ Chesapeake,” leaving her port for a distant service, was attacked by one of those vessels which had been lying in, our harbours under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed, and four taken away. On this outrage no commentaries are necessary. Its character has been pronounced by the indignant voice of our citizens with an emphasis and unanimity never exceeded. I immediately by Proclamation, interdicted our harbours and waters to all British armed vessels, forbade intercourse with them, and uncertain how far hostilities were intended, and the town of Norfolk indeed being-threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparation commenced and pursued as the prospect rendered proper. An armed vessel of the United States was dispatched with instructions to our ministers at London ; to call on that government for the satisfaction and security required by the outrage. A very short interval ought now to bring the answer, which shall be communicated to you as soon as received ; then also, or as soon after as the public interests shall be found to admit, the unratified treaty, and proceedings relative to it, shall be made known to you.
The agression thus begun, has been continued on the part of the British Commanders, by remaining within our waters in defiance of the authority of the country, by habitual violations of its jurisdictions, and at length by putting to death one of the persons whom they had forcibly taken from on board the “ Chesapeake.” These aggravations necessarily lead to the policy either of never admitting an armed vessel into our harbors, or of maintaining in every harbor such an armed force as may constrain obedience the laws, and protect the lives and property of our citizens against their armed guests ; but the expense of such a standing force, and its inconsistence with our principles, dispense with those courtesies which would necessarily call for it, and leave us equally free to exclude the navy, as we do the army of a foreign power, from entering our limits.
To former violations of maritime rights, another is now added of very extensive effect. The government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them, and being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch, or to return home with' out the benefit of going to any other market. Under this new law of the ocean, our trade on the Mediterranean has been swept away by seizures and condemnations, and that in other seas is threatened with the same fate.
ANNALS OF THE TIMES.
Extract from, a Speech of Mr. Randolph in Congress on the Bill for making further appropriations for the support of the Navy.
“He wished to be clearly and explicitly understood as to the course which he thought it incumbent on the Executive to have pursued, and consequently to what extent the course which had been pursued met his disapprobation. He thought Congress ought to have been immediately convened on the capture of the “Chesapeake,” and our ministers at London instantly recalled, after having made an explicit peremptory demand of redress—and that redress too by a British envoy dispatched to the United States for the especial purpose. Congress being convened, the nation should have, been put into a posture of defence, waiting a reasonable time to receive redress by an envoy. That being refused, instant retaliation should have been taken on the offending party. He would have seized upon Canada and Nova Scotia, and made a descent on Jamaica. He would have seized upon Canada and Nova Scotia, not with a view to their incorporation into our system of government, but as pledges to be retained against a future, pacification, until we had obtained ample redress for our wrongs. Whilst he held these sentiments he entirely concurred with the gentleman from Pennsylvania (Mr. Smilie) that war was a great evil, never to be resorted to without a solemn demand of reparation from the offender, and giving him a fair opportunity to make due atonement for the injury, or insult, which he had offered ; but there was a mode of demanding as well as of receiving redress.
ANNALS OF TEE TIMES.
The latest New York papers contain some debates in Congress connected with the dispute with Great Britain. On a motion for specific instructions, relating to the attack on the “ Chesapeake,” to the Committee appointed to take into consideration that part of the President's Message which relates to maritime aggressions, Mr. Smilie, a Ministerial Member of some note, said “ no doubt the British Government will disavow the conduct of the Admiral in the late outrage ; but will this satisfy the people of the United States ? No. Something more will be necessary.” In reference to what has been said respecting the attack of the “ Chesapeake” having been made beyond the jurisdiction of the United States, this member said, “Wherever our armed vessels are, there is our jurisdiction. “The motion was rejected on the ground of the committee having already taken up the affair and being about to report.
On a Bill to appropriate about $800,000 for expenditures made by the President for gunboats, naval stores, &c. Mr. Randolph said, “he confessed he felt extremely reluctant to vote for large sums for the support of our degraded and disgraced Navy, for repairs too, that had been illegally incurred.” “ He felt the same reluctance in giving this vote that he should feel in paying a gambling debt to a swindler.”
The following is extracted from the report of the American Court of Enquiry on the conduct of Commodore Barron.
6. It appears to the Court, that antecedent to the sailing of the “ Chesapeake,” there had been received on board of her some persons who had been claimed by the British (government as deserters from their service, but who were not ordered to be delivered up by the American officers. That there was also a report in circulation, and generally known on board the “ Chesapeake,” that a threat had been lifted by the Captain of the British ship of war “ Melampus,” to take these men from the “Chesapeake.” That Commodore Barron had full knowledge of the facts that such men were on board his Ship, that they had been demanded by the British Government, and had not been delivered up, the Court are perfectly satisfied ; but no positive evidence has been adduced to prove, that the report of the threat above mentioned was communicated to him before his ship sailed.
Commodore Barron made no defence.
HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
Tuesday Nov. 17.—Mr. Blount, from the Committee to whom was referred so much of the message of the President as relates to agressions, &c., made a report.
The report commences with an expression of sensibility at the outrage committed on the “ Chesapeake” ; states the, receipt of information relative thereto from the state and navy departments ; presents a general view of the circumstances ; observes that it might be said to have been incontestibly proved ; that W. Ware, John Strachan, and Daniel Martin, are citizens of the United States ; but the Committee add that they conceive it unnecessary for them or the House “to go into any enquiry on that part of the subject, as in their opinion whether the men taken from the “ Chesapeake” were or were not citizens of the United States, and whether the “ Chesapeake” was not within the acknowledged limits of the United States at the time they were taken, the character of the act of taking them remains the same.
From the foregoing facts it appears to your committee that the outrage committed on the frigate “ Chesapeake,” has been stamped with circumstances of indignity and insult, of which there is scarcely to be found a parallel in the history of civilized nations, and requires only the sanction of the government, under color of whose authority it was perpetrated, to make it just cause of, if not irresistible call for, instant and severe retaliation. Whether it will receive that sanction, or be disavowed and declared an unauthorized act of a subordinate officer, remains to be determined by the answer which shall be given to the demand of explanation ; that answer, now daily expected, will either sink the detestable act into piracy, or expand it to the magnitude of premeditated hostility against the sovereignty and the independence of this nation ; and until its true character shall be fixed and known, your committee deem it expedient to decline expressing any opinion as to the measures proper to be adopted in relation to it.
But as other acts of aggression have been committed within our ports and waters by British ships of war, as well anterior as posterior to this, some of them manifesting the same disregard of our national rights, and seeming to flow from the same contempt for the authority of our laws, and especially as the British squadron, of which the “ Leopard” was one, after being notified of the President's proclamation ordering them to depart from the waters of the United States, which they knew had been published in conformity to an act of Congress, anchored within the Capes of Chesapeake Bay, and in that situation remained, capturing American vessels even within our acknowledged territorial limits, and sending them to Halifax for adjudication. Impressing seamen on board American vessels, firing on vessels and boats of all descriptions having occasion to pass near them in pursuit of their lawful trade, and occasionally denouncing threats, calculated to alarm the good people of the United States, particularly the inhabitants of Norfolk and Hampton, all which facts are substantiated by the accompanying documents, No. 1 to 6, the committee are of opinion that it is expedient to provide more effectually for the protection of our ports and harbours; but not being prepared to report specifically on that subject, they ask further indulgence of the House, and beg leave to submit for their consideration the following resolution :
Resolved, That the attack of the British ship of war “ Leopard” on the United States frigate “ Chesapeake,” was a flagrant violation of the jurisdiction of the United States, and that the continuance of the British squadron (of which the “ Leopard” was one) in their waters, after being notified of the proclamation of the President of the United States, ordering them then to depart the same, was a farther violation thereof.
The report was referred to a committee of the whole on Monday.
ANNALS OF THE TIMES.
Mr. GEORGE HENRY ROSE, being appointed to a special mission to the United States, was yesterday presented to His Majesty at the levee. This gentleman is a member of the British Parliament, for Southampton ; and son of the Rt. Hon. GEORGE EOSE, Clerk of the Parliament.
Mr. ROSE, is not appointed to supercede Mr. ERSKINE. His mission only regards the unfortunate affair of the “ Chesapeake.”
Quebec, Thursday, January 28, 1808.
The papers by yesterday's Burlington Mail contain no news .of importance. Although Mr. Rose arrived in Hampton roads on the 26th December, he had not reached Washington on the 5th January. It appears there were difficulties concerning the reception of the frigate, on account of the Proclamation prohibiting the entrance of British ships of war into the harbours of the United States ; and that the Ambassador had also sent to Washington to know in what manner he would be received. The answer, according to the report extracted from the American Papers, is favourable. It is stated that during the whole time required for these proceedings, Mr. Rose did not leave the frigate.
PROVINCIAL PARLIAMENT OF LOWER CANADA.
EXTRACT FROM SIR JAMES HENRY CRAIG'S, GOVERNOR IN CHIEF, SPEECH FROM THE THRONE ON JANUARY 29, 1808.
I have no doubt, that you join with me gentlemen, in lamenting the discussions that have arisen, between His Majesty's Government, and that of America. I have no information to convey to you, that might tend to throw any light upon a subject, in which this Colony must be so materially interested. Let us hope, that the moderation and wisdom of the Government of the United States, will lead them to meet that of His Majesty, in its endeavours by an equitable accommodation of differences, to avert the Calamities of War, from two nations, who from habits of affinity, unity of language, and the ties of common ancestry, seem destined by Providence, for the enjoyment of the blessings of continued peace, while the reciprocal advantage of their commercial intercourse, seem no less to point them out to each other, as the objects of a mutual connection, of amity, and confidence.
But while we indulge in this hope, we will not be deluded by it, into the neglect of any means, that may be necessary, for our defence and safety ; and I place every confidence in your ready co-operation, in any measure that may be judged expedient, to add to the energies of Government, with this important view. The Loyalty and Affection to His Majesty's Government, so spiritedly manifested on this occasion, by the Militia of the Province, who have stood forward with a cheerfulness, not to be exceed, demands my warmest applause, and furnishes us with the best grounds for hoping, that in the event of any attack on this Province, we shall derive from them, all the assistance, that can be expected from a brave people, contending for every thing that is dear to them.
REPLY OF THE LEGISLATURE.
With deference we trust, that your Excellency will rest assured, we deeply lament the discussions which have arisen between His Majesty's Government and that of America, and it would have afforded us heartfelt satisfaction, if your Excellency could have conveyed to us any favourable information upon a subject, in which this Colony must feel itself so materially interested; and we, in union with your Excellency, shall cherish the pleasing hope, that the moderation and wisdom of the Government of the United States, will lead them to meet that of His Majesty, in its endeavours to avert the calamities of war, by an equitable adjustment of differences ; and that neither the blessings of Peace, or the reciprocal advantages of an extensive commercial intercourse, will be interrupted ; but that the two nations will long continue to consider each other, as objects of a mutual connection of amity and confidence. But whilst we thus entertain an anxious desire for the attainment of these most desirable objects, permit us, Sir, to offer to your Excellency, our most solemn assurances, that we will not suffer ourselves to be thereby deluded, nor will we, until there shall be well founded reason to rely on a continuance of peace, neglect any of the means within our power, but will, by steady and persevering exertions, readily and cordially co-operate with your Excellency, in the adoption of every measure which can contribute to our defence and safety ; and with this important view, you may, Sir, safely rely, that nothing shall be wanting on our part, to convince your Excellency and the world at large, that to add to the energies of His Majesty's Government, will in all times, be considered by us, as a sacred duty of indissoluble obligation, which we owe to the best of Sovereigns ; and we humbly but confidently trust, that all our future deliberations and measures will evince to your Excellency, that we are actuated to the discharge of that high and momentous duty, by an affectionate attachment to our beloved Sovereign, commensurate with your Excellency's most ardent wishes.
It is, with the most pleasing sensations, we receive your Excellency's communications on the subject of the Militia of the Province, we devoutly hope and fully confide, that His Majesty's Militia of Lower Canada, will still continue to manifest a Loyalty and affection to His Majesty's Government, and to merit a repetition of your Excellency's warmest applause, by yielding prompt and cheerful obedience to all your Excellency's commands and orders ; and we humbly presume, that the future conduct of His Majesty's Canadian Militia, will furnish pledges which may safely lead your Excellency to a firm reliance; that in the event of any attack on this Province, all the assistance will be derived from them, that can be expected from a brave people, contending for everything that is dear to them. We acknowledge with the highest gratitude, your Excellency's solicitude for the convenience of the Province, in Mot having yet called together that portion of the Militia, which had been directed to hold themselves in readiness to assemble at the shortest notice ; and we beg leave to pledge ourselves, that we will cheerfully co-operate in fixing a determinate period to the existence of the present Militia Laws, and in the adoption of such new legislative provisions, as may be considered best calculated to avoid every inconvenience that might result, from, the various events which future times may produce.
ANNALS OF THE TIMES.
February 11, 1808,
There is nothing of moment from Washington. Mr. Rose was presented to the President of the United States on the 16th January. The probability in favour of the continuance of Peace between the United States and Great Britain increase daily.
February 18, 1808.
Mr. Rose, whose powers are said not to be as extensive MM heretofore reported, has already had several interviews with the Secretary of State—no results have as yet transpired—but hopes are entertained of an amicable adjustment.
Subsequent advices, of later dates, state that the mission of Mr. Rose has been terminated by an accepted apology for the aggression against the "Chesapeake," to which object, it is said, the instructions of that Minister were limited.—Phil. Register.
March 3, 1808.
There arc no further accounts concerning Mr. Rose's Mission. It is probable that no new step will be taken relating to the differences between Great Britain and the United States, till the effect produced in England by the embargo can be known. This will not be before the beginning of April. An Act authorizing the President to raise the embargo will probably be passed before the breaking up of Congress.
March 10. 1808.
Accounts from Washington of the 20th ult. state that the negociations carried on there between Great Britain and the United States have been suspended. Things are however said to be in a train of adjustment ; but it is understood that a definitive arrangement will not be effected till the arrival of further instructions from England. In the mean time a supplementary non-importation act bill, and another supplementary embargo act bill, have been proceeded on in Congress, and will probably pass the three branches. The former contains a clause which exempts from the effect of the non-importation act all American vessels which sailed from the United States previous to the 14th of December last; the latter extends the embargo to land communications and inland navigation with foreign territories. The operation of the latter will be almost exclusively against this Province and the other British Provinces in North America ; the former will enable the United States to receive the greatest part of their Spring supply of British manufactures.
March 24, 1808.
The late American Papers seem to confirm the opinion that London will now be the theatre of the negociations which were lately carried on at Washington. Little progress seems to have been made in these negociations, previous to their suspension ; for, if we may believe the newspapers, the negociators stumbled on the threshold: Mr. Rose offered reparation for the attack on the “Chesapeake,” but required the abrogation of the President's Proclamation, issued shortly after that affair, for excluding all British whips of war from the Harbours and waters of the United Slates. To this, it was answered, on the part of America, that the Proclamation in question, was not issued, solely, on account of the attack on the "Chesapeake," but also on the count of other subjects of complaint, particularly the impressment of seamen ; and that it would not be annulled till those causes of complaint are removed. The great question relating to seamen being thus brought forward, and Mr. Rose's instructions not extending to that subject, which was considered as settled by the King's Proclamation, the Negociations were of course at a stand.
The suspension took place soon after the arrival at Washington, of the intelligence of Russia having declared against England, and it is probably that circumstance which has induced the American Government to believe I that they will be able to obtain some further concessions from Great Britain. The last accounts from England represent the Government as disposed to avoid a war with the United States, by every reasonable means ; but we are fully convinced that no concessions on the subject of seamen, essentially different from the principles laid down in the King's Proclamation will be made.
March 31, 1808.
It has been said in the London papers that 5000 men are to be sent to His Majesty's Provinces in North America in the Spring. General Prevost is mentioned as coming out with these troops to command at Halifax.
We have seen a letter from a gentleman at Washington who is well informed, mentioning, that nothing farther can be done by Mr. Rose, on account, as it is said, of his instructions being too limited. This gentleman, the two Cassamajors, Mr. Erskine, jun. and Mr. Foster, are to return home shortly in the “Statira.” Mr. Erskine (the minister) and Mr. Mansfield remain here. The writer, who generally concurs with the administration, supposes that the statements and representations lately sent to Great Britain by the executive will meet with a favorable reception.—N. Amer.
It is understood, that a court-martial, which, lately sat on Commodore Barron, have acquitted him of all the charges alleged against him by the court of enquiry.—Phil. Gaz.
Letters to the 8th inst. have been received from Washington. Nothing further is said of the negotiation; but that it had been suspended. Mr. ROSE was, however, still at Washington.
A Bill for raising an army agreeably to the President's request has been read in the House, and another bill for the same purpose in the Senate of the U. S. A bill for a new draft of militia has also been read in the House. The old draft, we believe, expires in April.
February 2.—The troops going out to North America with Sir GEORGE PREVOST are assembling at Portsmouth. The 7th and the 8th Regiments, under the command of the Hon. Col. Pakenham, and Col. Houghton, are already embarked ; the 13th, commanded by Col. Colville, is marching from Plymouth, and the 5th battalion of the 60th, commanded by Baron Rottenburg, has sailed from Cork for Portsmouth.
BOSTON, March, 28, 1808.
The English reinforcements for Halifax, under General Prevost, sailed from Portsmouth, the 13th February. The 7th, 8th, 13th and 23rd regiments compose a part of it; and are to be joined by the 98th from Bermuda. [The 98th is in Quebec] The English papers say the whole force destined for Canada and Nova Scotia will amount to 10,000 men ; which they also state as sufficient to defend those colonies against the threatened invasion from the United States.
EXTRACT FROM GOVERNOR-GENERAL'S SPEECH FROM THE THRONE, APRIL 14, 1808.
His Majesty has further been pleased to inform His Parliament, that, for an unauthorized act of force committed against an American ship of war, he had not hesitated to offer immediate and spontaneous reparation, but that an attempt has been made by the American Government to connect with the question which has arisen out of this act, pretensions inconsistent with the maritime rights of Great Britain. His Majesty is pleased to add, that such pretensions His Majesty is determined never to admit, and to that determination every voice in His Majesty's Dominions is raised in cheerful assent. It will remain now to be seen whether the American Government will persist in its unjustifiable pretensions, or whether it will not at length open its eyes to its true interest, which should lead it to strengthen by every means that it possesses, instead of injuring, the only Power that stands between it and a subjugation, which, on the fall of that Power, would be its inevitable doom to the worst of tyranny.
HALIFAX, April 12, 1808.
His Excellency Lieutenant-General Sir GEORGE PREVOST, Bart, and Brigadier-General HOUGHTON, with their respective suites, arrived here on Thursday afternoon last, in His Majesty's ship “ Penelope,” Capt. DICK, from Portsmouth. As soon as the “ Penelope “ had anchored, Major-General HUNTER, and suite, accompanied by the Honorable MICHAEL WALLACE, Acting Secretary of the Province, waited on His Excellency on board the “Penelope.” At six o'clock the General left the frigate, which saluted on the occasion, and proceeded to the King's wharf, where the grenadiers of His Majesty's 101st regiment were drawn up to receive him, and by whom he was escorted to the Government House. On His Excellency's reaching the shore, a salute was fired from Fort George, and every mark of respect shewn that the short notice of his intention to land immediately, would admit of.
The following Staff Officers have arrived with Lieu-tenant-General PREVOST :
Captain Coote, of the 15th Light Dragoons, and
Captain Prevost, of the 60th Foot, Aides-de-Camp.
Captain Ligertwood, Military Secretary.
Captain Watts, 3d Dragoon Guards, Major of Brigade ; and
Mr. George, private Secretary to His Excellency.
Capt. Taylor, of the 7th Foot Major of Brigade to Brigadier General Houghton.
We are happy to state that of the transports, which left Portsmouth, with his Excellency Sir G. PREVOST for this place, not one is missing, and that considering the early season of the year, they have arrived in the best order imaginable. They have brought the 1st battalion of His Majesty's 7th, or Royal Fusiliers—the 8th regiment and the 23rd, or Royal Welch Fusiliers. These regiments contain upwards of 1,000 men each, and appear in the highest state of military order.
We understand that several other regiments, with detachments of Artillery, &c., may be shortly expected here.
The convoy left Portsmouth on the 13th of February, having on board the 1st Battalion of the 7th regiment, the 8th, the 13th and 23rd regiments, touched at Bermuda on the 24th ult., and left live transports with the 13th regiment at that Island.
SENTENCE AGAINST CAPTAIN JAMES BARRON OF THE UNITED STATES FRIGATE “CHESAPEAKE.”
UNITED STATES
WASHINGTON, May 12.—The General Court Martial assembled on board United States frigate the “Chesapeake,” in the harbour of Norfolk, and state of Virginia, pursuant to the orders of the Secretary of the Navy, to try James Barron, Esq., a Captain in the Navy of the United States.
Have acquitted him of all the charges, excepting the 2d. viz. For neglecting on the probability of an engagement to clear his ship for action—of this charge, they have pronounced him guilty, and for this offence, they have ad judged, and sentenced him to be suspended from all command in the Navy of the United States, and this without any pay or emoluments of any kind, for the period and term of five years, from the 8th day of February 1808. This sentence is confirmed by the president.
ANNALS OF THE TIMES.
FROM THE BALTIMORE WHIG OF JULY 1G.—“Let meetings be called in every town, city, county and village of the United States, let them earnestly and respectfully address the President, and urge the necessity of calling Congress together by proclamation, as speedily as the law permits. Let Congress convene—declare “WAR against England—make ourselves and posterity forever secure, by the expulsion of the English from North America ; for, we will ever be subject to faction, while there exists a dishonest neighbour on our northern borders, who will attempt to weaken us by sowing divisions among us ; seducing citizens from their duty, and officers from their trust.
“ Let these grand, but simple plans be executed with an American spirit, now ardent for such-adventures. And Oh! what consequences may we not expect? Halcyon days, years, centuries will succeed a temporary war, which can neither be bloody nor expensive ; the respectability of our character will then be acknowledged everywhere, which is now admitted nowhere.
FROM THE AURORA.—“ The time is now very short ; should the enemy not commit any outrage, before the period of the meeting of Congress, we have even then only four months to wait for the deliberative voice of the nation —should the British Government recal its arbitrary orders of council, and the French Emperor his decrees, the American executive would have power to put an end to the embargo.
“ But there is too much reason to believe that the British Government will not relax the system which it has adopted ; and that, instead of an embargo, Congress will at once cut off all communication and intercourse—or, if the people will, by their representatives, prefer it to an embargo, enter at once into an active and decisive war.”
From the Washington Monitor.
“ The course of conduct to be pursued by the people of the United States is as lucid as a ray of light. On either hand we are presented with an enemy, if we choose so to consider it. France cares very little for our friendship as it regards herself; but values our enmity as it relates to Great Britain, whilst the latter estimates our amity as essential to her vital interests, but from the expectation of a revolution, among our citizens in her favour rejects the olive branch that we have so often presented to her. Against England, to maintain our unity, our independence, and our character as a free people. The aggravations of France are wounding to our sense of national honour ; those of the British insulting and degrading to every noble passion of our nature ; because it presumes upon our want of fortitude and virtuous principles. We are a peaceable nation ; we must therefore preserve a pacific posture as long as it is tenable consistent with our interest and rights. We are also a gallant nation we must therefore make war when peace is no longer reasonable or to be tolerated. In any event the Embargo is a wise measure. If we refrain from war, it acts as a girth which binds our most valuable resources to the country. It will also act POSITIVELY upon the enemy, by which, in due time, he must undoubtedly feel the want of our friendly offices. If we make war, the Embargo is one of those middle measures which breaks the dreadful shock in rushing from a state of peace into a state of desperate hostilities.
EXTRACT FROM THE MESSAGE OF THE PRESIDENT OF THE UNITED STATES.
WASHINGTON CITY, NOVEMBER 8, 1808.
The communications made to Congress at their last session, explained the posture in which the close of the discussions relative to the attack by a British ship of war on the frigate “ Chesapeake “ left a subject on which the nation had manifested so honorable a sensibility. Every view of what had passed authorised a belief that immediate steps would be taken by the British Government for redressing a wrong, which, the more it was investigated, appeared the more clearly to require what had not been provided for in the special mission. It is found that no steps have been taken for the purpose. On the contrary it will be seen, in the documents laid before you, that the inadmissable preliminary, which obstructed the adjustment, is still adhered to, and moreover that it is now brought into connection with the distinct and irrelative case of the orders in council. The instructions which had been given to our minister at London, with a view to facilitate, if necessary, the reparation claimed by the United States, are included in the documents communicated.
(From English Payers.)
RELATING TO THE EMBARGO.
We have not inserted the preface to the resolves proposed to the Congress of the United States by the committee of foreign relations, because it is, in a great part, a second edition of Mr. Madison's letter to Mr. Erskine. The following extracts arc however interesting as they may be considered as expressing the sentiments of the majority of the Congress.
“ These [the Berlin decree and British Orders] together with the Milan decrees of December, 1807, which filled the measure, would on the principle of self-defence have justificated immediate hostilities against both nations on the part of the United States…
“Your Committee can perceive no other alternative, but abject and degrading submission ; war with both nations; or in a continuance and enforcement of the present suspension of commerce. There is no other alternative, but war with both nations, or a continuance of the present system. For war with one of the belligerents only would be submission to the edicts and will of the other, and a repeal in whole or in part of the embargo must necessarily be war or submission. -‘ A general repeal without arming, would be submission to both nations.’— ‘A general repeal and arming of our merchant vessels, would be war with both, and war of the worst kind, suffering the enemies to plunder us without retaliation upon them.’— ‘A partial repeal must, from the situation of Europe, necessarily be actual submission to one of the aggressors, and war with the other.’—‘The last position, is the only one in which there can be any doubt… But the committee says it is a “proposition which the difficult situation of the United States could alone have suggested, and which will prove more inadmissible or impracticable as the subject is more thoroughly investigated. The alternative is painful; it is between a continued suspension of commerce and war with both England and France.” But the choice must ultimately be made between the two, and it is important that we should be prepared for either the one or the other…‘The present unsettled state of the world, the extraordinary situation in which the United States are placed, and the necessity, if war be resorted to, of making it at the same time against both nations, and these the two most powerful of the world, are the principal causes of hesitation. There would be none in resorting to that remedy however calamitous, if a selection could be made on any principle of justice, or
without a sacrifice of national independence.—On a question of such difficulty, involving the most important interests of the union, and which has not, perhaps until lately, been sufficiently considered, your committee think the House alone competent to pronounce a decisive opinion.”
The latter part of these extracts naturally excites a smile. As to the resolves, proposed by the Committee, if they pass, we do not believe they will give any offence to Great Britain. Upon the whole, they are rather conciliatory, as far as she is concerned. At present her ships of war are excluded the American ports ; every impediment to the introduction of her manufactures, which can be enforced, already exists by means of the Embargo and non-importation act. But with respect to France, the case is quite different ; nothing was ever done against her ; all was love and friendship ; but now, she is all at once, put upon the same footing with Great Britain. These resolves in fact say to England, “ you insinuate, that as a prelimiary to an adjustment of differences, we must repeal our proclamation excluding your ships of war from our waters : No ; We will not submit. But, our harbours, shall be no “longer asylums to your enemy ; and the necessity of keeping your ships on our coasts will be removed.” Had such a proceeding been adopted by the American Government, as soon as it was acquainted with the Berlin Decree, England and the United States might have now been friends ; for nothing tended so much, to irritate the people of England, as the fact that our enemy's vessels had a free use of the harbours of the United States while our brave sailors were refused common hospitality ; and this too, after reparation had been offered for the attack on the “ Chesapeake.”
ANNALS OF THE TIMES.
AMERICANS PLACING THEMSELVES IN A MORE COMPLETE STATE OF
DEFENCE.
According to the present appearances the American Congress seems determined to enforce the Embargo. The bill for that purpose passed the Senate on the 21st ult. and had been twice read and referred for the 24th, in the House of Representatives. But we have seen that a law enacted one day, may be suspended the next. It is probable that the Congress will be guided in its final determation by the events in Europe which may be known before the breaking up of Congress.
A bill has passed both branches for 4,416 officers, seamen and marines. The whole of the expenses of the navy for the current year is stated at 2,662,969 dollars 51 cents. It is also proposed to authorise the acceptance and arming of 50,000 volunteers. This it appears, is the extent of the measures for “placing the country in a more complete state of defence” agreeable to the resolution lately passed.
SUBSTANCE OF THE NON-INTERCOURSE ACTS, AS FINALLY PASSED ON THE 1ST MARCH, 1809.
SECTION 1.—No ships of war to be admitted into the harbours or waters of the United States, excepting in cases of distress, or being charged with dispatches, or being Packets.
SECTION 3.—No vessels whatsoever, sailing under the English or French Flags, or owned in whole or in part by subjects of either, to enter the harbours or waters of the United States, after the 20th May next, on pain of confiscation of the vessel and cargo. Exceptions the same as in Section 1.
SECTION 4.—No importation from France or England or their dependencies, or places in the actual possession of either, or of their produce or manufacture, to lie made, after the 20th May next, on pain of confiscation and treble the value of the goods confiscated. This article not to effect the cargoes of vessels which sailed for places beyond the Cape of Good Hope previous to the 22nd December, 1807, or vessels, generally, which have since sailed under permission.
SECTION 11.—The President of the United States may, in case that France or England recall or modify their edicts so as to “ cease to violate the neutral commerce of the United States,” declare the same by Proclamation, and the suspension of the trade of the United States as it regards them, or either of them, shall then cease.
SECTION 12.—The Embargo and Supplementary Acts repealed after the 15th March, 1809; excepting so far as they relate to Great Britain and France and their dependencies, &c.
SECTION 13.—During the suspension of trade with Great Britain and France, no vessel to sail for any Foreign port without having given bond to the amount of double the value of the vessel and cargo, not to trade with Great Britain or France or their dependencies, &c.
SECTION 14.—The restriction on the coasting trade entirely repealed, excepting so far as relate, to places adjacent to the territories of foreign nations.
SECTION 17.—The non-importation Act, passed the 18th April, 1806, and the Act Supplementary thereto repealed.
SECTION 19.—And be it further enacted, that this act shall continue and be in force until the end of the next session of Congress, and no longer ; and that the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several acts supplementary thereto, shall be, and the same are hereby repealed from and after the end of the next session of Congress.
Approved, March 1, 1809.
TH. JEFFERSON.
PROCLAMATION BY TOE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
WHEREAS it is provided by the 11th section of the act of Congress, intituled : “An Act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies ; and for other purposes.”—that “in case either France or Great Britain shall so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States,” the President is authorized to declare the same by Proclamation, after which the trade suspended by the said act and by an act laying an Embargo, on ships and vessels in the ports and harbours of the United States, and the several acts supplementary thereto may be renewed with the nation so doing ; And whereas the Hon. David Montague Erskine, His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, has by the order and in the name of his Sovereign, declared to this government, that the British orders in council of January and November, 1807, will have been withdrawn as respects the United States, on the 10th day of June next; now, therefore, I JAMES MADISON, President of the United States, do hereby proclaim that the orders in council aforesaid, will have been withdrawn on the said tenth day of June next; after which day the trade of the United States with Great Britain, as suspended by the act of Congress above mentioned, and an act laying an Embargo on all ships and vessels in the ports and harbours of the "United States, and the several acts supplementary thereto, may be renewed.
Given under my hand and seal of the United States, at Washington, the nineteenth day of April, in the (L. S.) year of our Lord, one thousand eight hundred and nine, and of the independence of the United States, the thirty-third.
JAMES MADISON.
By the President,
RT. SMITH,
Secretary of State.
PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
WHEREAS in consequence of a communication from His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, declaring that the British Orders in Council of January and November, 1807, would have been withdrawn on the 10th day of June last ; and by virtue of authority given in such event, by the 11th section of the Act of Congress, intituled : “ An Act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,” I, JAMES MADISON, President of the United States, did issue my Proclamation, bearing date on the 19th of April last, declaring that the Orders in Council aforesaid would have been so withdrawn on the 10th day of June, after which the trade suspended by certain Acts of Congress, might be renewed. And whereas it is now officially made known to me that the said Orders in Council have not been withdrawn agreeably to the communication and declaration, aforesaid ; I do hereby proclaim the same, and consequently that the trade renewable on the event of the said orders being withdrawn, is to be considered as under the operation of the several Acts by which such trade was suspended.
Given under my hand and seal of the United States, at the City of Washington, on the 9th day of August, 1809.
(Signed,) JAMES MADISON.
R. SMITH, .
Secretary of State.
HON. F. J. JACKSON, ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF HIS BRITANNIC MAJESTY,
TO HON. R. SMITH, DEPARTMENT OF STATE, WASHINGTON.
MR. JACKSON TO MR. SMITH.
Washington, Oct. 27, 1809.
SIR,—Finding by your letter of the 19th instant, that notwithstanding the frequent statements made by me in our conferences of the terms of satisfaction which I am empowered to offer to this country for the unauthorized attack made by one of His Majesty's ships of war upon the frigate of the United State, the “Chesapeake,” I have not had the good fortune to make myself distinctly understood by you, I have the honour to enclose herewith a paper or memoranda containing the conditions on the basis of which I am ready to proceed to draw up with you the necessary official documents in the form proposed in my letter of the 11th instant, or in any other form upon which we may hereafter agree.
I have the honor, &c,
F. J. JACKSON.
To the
HON. ROBT. SMITH,
&c, &c, &c.
PROPOSITIONS
Offered by Mr. JACKSON to Mr. SMITH.
The President's Proclamation of July, 1807, prohibiting to British ships of war the entrance into the Harbours of the United States having been annulled His Majesty is willing to restore the seamen taken out of the “ Chesapeake” on reserving to himself a right to claim, in a regular way by application to the American Government, the discharge of such of them (if any) as shall be proved to be either a natural born subject of His Majesty, or a deserter from His Majesty's service.
His Majesty is willing to make a provision for the families of such men as were slain on board the “ Chesapeake,” in consequence of the unauthorized attack upon that frigate, provided that such bounty shall not be extended to the families of any man who shall have been either a natural born subject of His Majesty's service.
MR. SMITH TO MR. JACKSON.
Department of State Nov. 8, 1809.
SIR,—In my letter of the 19th ult., it stated to you the declaration in your letter of the 11th, that the despatch from “ Mr. Canning to Mr. Erskine of the 23rd January, was the only despatch by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement on the matter to which it related, was then for the first time made to this government.” And it was added, that if that despatch had been communicated at the time of the arrangement, or if it had been known that the propositions contained in it were the only ones on which he was authorized to make an arrangement, the arrangement would not have been made. In my letter of the 1st inst., adverting to the repetition in your letter of the 23rd ult., of a language implying a knowledge in this government that the instructions of your predecessor did not authorize the arrangement formed by him, an intimation was distinctly given to you, that after the explicit and peremptory asseveration that this government had not any such knowledge, and that with such a knowledge such an arrangement would not have been made, no such insinuation could be admitted by this government. Finding that in your reply of the 4th instant, you have used a language which cannot be understood but as reiterating and even aggravating the same gross insinuation, it only remains, in order to preclude opportunities which are thus abused, to inform you that no further communications will be received from you, and that the necessity of this determination will without delay, be made known to your government. In the mean time a ready attention will be given to any communication affecting the interests of the two nations, through any other channel that may be substituted.
I have the honor to be, &c,
(Signed,) R SMITH.
The Hon. F. J. JACKSON, &c, &c.
Mr. Oakley, His Majesty's Secretary of Legation, is desired by Mr. Jackson to state to the Secretary of State, that as Mr. Jackson has been already once most grossly insulted by the inhabitants of the town of Hampton in the unprovoked language of abuse held by them to several officers bearing the king's Uniform, when those officers were themselves violently assaulted and put in imminent danger ; he conceives it to be indispensable to the safety of himself, of the gentlemen attached to his mission, and of his family, during the remainder of their stay in the United States, to be provided with special passports or safeguards from the American Government. This is the more necessary since some of the newspapers of the United States are daily using a language whose only tendency can be to excite the people to commit violence upon Mr. Jackson's person. In consequence he requests that the undermentioned names may be inserted in the documents to be furnished him. FRANCIS JAMES JACKSON, MRS. JACKSON, THEIR THREE CHILDREN, CHARLES OAKELEY, Esq. His Majesty's Secretary of Legation, MR. GEORGE OTTEY, Private Secretary.
Servants.—Robert Clavering, Francis Martin, William Astree, Charles Beercroft, Richard Low, John Price, John Lilly, James Wright, Amelia George, Mary Smith, Harriet Patten, Martha Wood, Frances Blacknell. Received at the Department of State on the 11th November, 1809.
HOUSE OF REPRESENTATIVES OF THE U. S. OF A. IN RELATION TO MR. JACKSON.
On the 3d instant, the House of Representatives of the United States agreed to a resolution from the Senate, declaring that Mr. Jackson had insulted the Government, Ayes 72, Nays 41 ; and on the same day, the message from the President, in this day's Gazette, recommending the renewal of the Hundred Thousand Militia and Volunteer Act, and hinting at a loan, was laid before that body, thus displaying to the members the formidable moans they have of avenging the insult.
GOVERNOR. GENERAL'S SPEECH, FEBRUARY 2, 1810, ALLUDING TO THE DIFFERENCES WITH THE U. S. OF A.
“ With respect to our relations with the American Government, I am concerned to have to state to you, that far from that amicable settlement of the differences between us, to which the arrangement that had been agreed on by His Majesty's Minister led us to look forward, the circumstances that have since occurred, seem rather to have widened the breach, and to have removed that desirable event to a period, that can scarcely be foreseen by human sagacity. The extraordinary cavils that have been made with a succeeding Minister—the eager research that could discover an insult, which defies the detection of all other penetration—the consequent rejection of further communication with that Minister, and indeed every step of an intercourse, the particulars of which are known by authentic documents, evince so little of a conciliatory disposition, and so much of a disinclination to meet the honourable advances made by His Majesty's Government while these have been farther manifested in such terms and by such conduct, that the continuance of peace between us seems now to depend less on the high sounded resentment of America, than on the moderation with which His Majesty, may be disposed to view the treatment that he has met with.”
“ In laying before you this picture of our actual situation, I am confident I do not deceive myself when I feel it to be unnecessary to urge you to be prepared for every event that may arise from it. In the great points of our security and defence, I persuade myself one Heart and one Mind will actuate all. On His Majesty's part should hostilities ensue, I feel warranted in assuring you of the necessary support of regular troops, in the confident expectation of a cheerful exertion of the interior force of the Country, and thus united, I trust we shall be found equal to any attack that can be made on us. Animated by every motive, that can excite them to resistance, our Militia will not be unmindful of the courage they have displayed in former days, and the bravery of His Majesty's Army has never been called in question.”
REPLY OF THE LEGISLATIVE COUNCIL, FEBRUARY 6, 1810.
“ We thankfully acknowledge the communication which your Excellency has been pleased to make to us, with respect to our relations with the American Government. We cannot but express our concern that that amicable settlement of the differences between us, (to which the arrangement that had been agreed on by His Majesty's Minister led us to look forward,) has not taken place, and that the circumstances that have since occurred should seem rather to have widened the breach and to have removed that desirable event to a period that can scarcely be foreseen. But at the same time we feel with your Excellency that the extraordinary cavils which have been made with a succeeding minister, the eager research that could discover an insult which defies the detection of all other penetration, the consequent rejection of further communication with that minister, and every step of intercourse with him, evince but little of a conciliatory disposition, and much of a disinclination to meet the honorable advances of His Majesty's Government, and as we have a just sense of what is due to the vindication of His Majesty's honor from us in common with all his subjects, we have learnt with satisfaction that the continuance of peace between us, seems now to depend less on the high sounded resentment of America, than on the moderation with which His Majesty may be disposed to view the treatment that he has met with.”
“ Animated by your Excellency's assurance of the necessary support of regular troops and of His Majesty's Navy should hostilities ensue, we shall cheerfully have recourse to every means in our power to assist His Majesty in the defence of this part of his Dominion against every attack, and to ensure the best exertions of the interior force of the country for that purpose, and under this impression, while We feel the expediency of renewing immediately those Acts by which the executive government is enabled more effectually to discharge its duty in guarding against dangers which can scarcely be reached by the ordinary process of Law, We earnestly beseech your Excellency to be assured of our utmost endeavours to be fully prepared for every event that may arise from our actual situation. In such a cause, may it please your Excellency, one heart and one mind cannot but actuate all—Not only His Majesty's Militia, (who will not be unmindful of the courage which they have displayed in former days,) but all classes of his Canadian subjects, “will hold themselves bound by gratitude as well as duty to give, every proof of the most affectionate attachment to a beloved Sovereign who has made the happiness of his people, the great object of his conduct and favored them, beyond example.”
REPLY OF THE HOUSE OF ASSEMBLY, FEBRUARY 9, 1810.
“ We are much concerned to learn from your Excellency, that, far from the amicable settlement of the existing differences with the American Government to which the arrangement that has been agreed on by His Majesty's Minister led us to look forward, the circumstances that have since occurred, seem rather to have widened the breach, and to have removed that desirable event to a period scarcely to be foreseen. We learn with equal surprise and regret the extraordinary cavils that have been made with a succeeding Minister ; the eager research to discover an insult, defying the detection of all other penetration ; the consequent rejection of further communication with that Minister, and that every step of an intercourse, the particulars of which are known by authentic Documents, should evince so little of a conciliatory disposition, and so much of a disinclination to meet the honorable advances made by His Majesty's Government, while these have been further manifested in such terms, and by such conduct, that the continuance of a peace between us seems now to depend less on the high sounded resentment of America, than on the moderation with which his Majesty may be disposed to view the treatment he has met with.”
“ Your Excellency may rest assured, that in laying before us, the picture of our actual situation, it is unnecessary to urge us to prepare for every event that may arise from it. In the great point of our security and defence, your Excellency may be persuaded, that one heart and one mind will actuate all, and with the assurance of the necessary support of regular troops, united with the cheerful exertion of the interior force of the country, we trust that we shall be found equal to any attack that can be made on us.”
“ The sentiments of attachment manifested by the inhabitants of this Province for their happy Constitution which, insures to them the free exercise of their rights and liberties, naturally commands their gratitude and fidelity to a Sovereign and nation whence this inestimable blessing is derived. Animated by these and every other motive that can excite resistance, the militia of Canada will not be unmindful of the courage they have displayed in former days, and will emulate the bravery of His Majesty's army which has never been called in question.”
RESOLVES REPORTED IN THE SENATE OF MASSACHUSETTS, FEBRUARY 8, 1810.
Resolved,—That the Legislature of Massachusetts, is affected with sincere and profound regret at the late unexpected and sudden termination of the correspondence between the American Secretary of State, and FRANCIS JAMES JACKSON, His Britannic Majesty's Minister, for which they can perceive no just or adequate cause.
Resolved,—That it is our anxious wish, that some means may be devised, consistent with the honor of the United States, to resume the negociations between the two countries, for obtaining reparation of real injuries, and to establish peace and amity, so essential to the interest and happiness of both, upon a permanent basis.
Resolved,—That acts of embargoes and non-intercourse, and the whole system of commercial restraints adopted and contemplated by the late and present administration, are impediments to a restoration of our amicable relations with Great Britain, and have proved in the highest degree pernicious to the best interests of this country, and especially of this commercial state ; that all the predictions of their opponents have been verified ; that by the operation of these acts, the public treasury has been drained, and brought to the verge of bankruptcy ; that the commerce of I he country has been palsied, and in a great measure, irrecoverably destroyed ; that the whole of this impotent system has become a subject of derision with those it was intended to coerce, and that its mischiefs have recoiled upon our own country.
Resolved,—That the temporary suspension of these acts afforded demonstration of the means of the United States to pursue a highly lucrative commerce, even under existing embarrassments, and an opportunity which was gladly embraced by our Mercantile Citizens ; that during this interval all our shipping was employed, and that our navigation experienced civility and protection from the British Cruisers, whilst it has been constantly annoyed by the depredations of France and her allies.
Resolved,—That all measures calculated to produce unnecessary hostility with Great Britain, at all times impolitic and contrary to the true interests of this nation, are at the present crisis peculiarly unfortunate, and ought to be discountenanced by all constitutional means ; that our country is defenceless and our treasury exhausted ; that to fortify one, and replenish the other, will require time, economy, and the advantages of renewed commerce ; that, on the contrary, Great Britain is inaccessible and invulnerable, except in one of its provinces, the conquest of which, if it could be effected, would prove a curse and a scourge to ourselves and our posterity.
Resolved,—That a war with Great Britain would inevitably lead to an alliance with France, and thus furnish to her ambition the means and the pretexts for organizing within the United States, the materials and instruments for schemes of future domination. These materials unhappily abound on the northern frontier, and in our newly acquired territory in the South. From such a contest, the United States, if unsuccessful, would be compelled to retire with a disgraceful surrender of the objects of the war, or if successful, by contributing to the downfall of Britain, would be left alone to encounter a power, who, unopposed by the navy of his present enemy, would call into requisition all the resources and energies of our solitary Republic, to defend, in doubtful conflict, our liberties upon our own shores.
ANNALS OF THE TIMES.
The recent high price of provisions has raised an outcry against those who buy provisions in the country, to sell again in town ; and, we find, that a Bill has been introduced into the House of Assembly, in consequence of a petition from a number of the inhabitants of Quebec, for preventing that practice. We are afraid that the Petitioners have taken the effect for the cause ; and that the remedy they propose, would increase the high prices of which they complain. These high prices might, in that case, be really an evil ; for they probably would be caused by scarcity, of which we do not hear that the Petitioners now complain. It is at all times a dangerous experiment to attempt to restrain the natural propensity of individuals to better their condition. Liberty in this respect, seems to be the foundation of all public prosperity, and the test of good government. This propensity ought only to be restrained where it interferes with the liberty of other individuals, where deceit is used, or where it may be dangerous to the public morals, and the general security.
REGARD1NG THE RECALL OF MR. JACKSON.
New York, March 13, 1810.
Extract of a letter from Washington.—“Congress talk of Adjourning early in April. The news from England does away all idea of war—they find they cannot provoke England to go to war, and they dare not make war themselves. The Democrats have a story here that Mr. Jackson is to be recalled in disgrace, and that another minister is to be sent out immediately ; but this I set down as fudge, a mere electioneering trick.” (This letter comes from a gentleman of noted accuracy.)
NEW YORK, March 14.—Extract of a letter from Washington, March 10.—“ The committee of conference were to have a meeting to-day ; but nothing will be done till the return of the “Adams” frigate.
“ The official dispatch of Mr. Pinkney, has dwindled down to an unofficial letter from that gentleman.
“ There is not a word in at as to Mr. Jackson, his name is not even mentioned. It merely states having had a conference With Lord Wellesley, who expressed himself and His Majesty's Government as being cordially disposed to adjust all differences, and from the tenor of his Lordship's conversation, he (Mr. Pinkney,) concludes they will send out another minister immediately.”
We understand, that a letter has been received this morning from a gentleman of high standing in the democratic ranks, which says that the Marquis “Wellesley stated to Mr. Pinkney that the Government of England wholly .justified Mr. Jackson in the part he took in the late correspondence ; but that to convince the United States that they were earnestly desirous of an adjustment of difficulties, they were willing to recall him, and to send another Minister of talents and rank.
SERMON BY THE CATHOLIC BISHOP PLESSIS OF QUEBEC.
COMMUNICATION.—On Sunday last, after the recent and affecting Proclamation of his Excellency the Governor in Chief was read, the Catholic Bishop of Quebec gave an
appropriate Sermon upon loyalty, in presence of an audience of between seven and eight thousand person. The incontestible principles of the scriptures, the extensive though very just consequences resulting therefrom, a detail of the inestimable blessings conferred on this Province by Divine Providence during a series of fifty years, an exposition of the benevolent views, the paternal goodness, the amiable and well known qualities of him who in this country represents the best as well as the most happy of monarchs; in a word every thing was urged in the most pressing and energetic style that could confirm the inhabitants of this city in that respect, love and submission which we all owe to the Civil Government of the Province. May the sentiments of this Prelate so sincerely attached to the true interest of his country extend to all those who inhabit it ! At the conclusion of the Discourse, the Choir struck up a Domine Salvum fac Regem, which the music repeated on the air of God Save the King.
ANNALS OF THE TIMES.
BOSTON, Friday 6, 1810.—It is impossible to compare the conduct of the British Government towards us, with that of ours towards them, without being mortified at the contrast. In the Message of our President we find gross, hostile unfounded insinuations ; the government follow suit, and seem to take pride in shewing an impotent malice. In the King's speech we find nothing illiberal, insulting or unfriendly, while the government pursues a firm and dignified course. This Speech was delivered on the 23rd of January. It cannot injure the feelings of the most fastidious American; yet a few days previous, the minister, Lord “Wellesley, had officially notified Mr. Pinckney, that they approved of the conduct of Mr. Jackson ; considered the treatment he had received as unwarranted ; and were convinced that any further attempts to settle by negociation in this country would be fruitless. This is the very result that well informed statesmen among as predicted.
Quebec, May 11th, 1810.
The Congress of the United States rose on the 1st instant to meet in December. They have repealed the Non Intercourse act, but subject to be revived against any one of the belligerents who, within a limited time, shall not have withdrawn his orders or decrees, in the case of their having been withdrawn by the other. The exclusion of ships of war is continued. All talk of war, towards the end of the Session had subsided. Loans and the reduction of the army and navy were the order of the day.
RECALL OF MR. JACKSON.
FOREIGN OFFICE, March 14, 1810.
SIR,—The letter which I had the honour to receive from you under date of 2nd January, together with the additional paragraph, received on the 24th January has been laid before the King.
The several conferences which I have held with you respecting the transactions to which your letter refers, have, I trust, satisfied you, that it is the sincere desire of His Majesty's Government, on the present occasion, to avoid any discussion which might obstruct the renewal of amicable intercourse between the two countries.
The correspondence between Mr. Jackson and Mr. Smith has been submitted to His Majesty's consideration.
His Majesty has commanded me to express his concern, that the official communication between His Majesty's Minister in America and the Government of the “United States, should have been interrupted, before it was possible for His Majesty, by any interposition of his authority, to manifest his invariable disposition to maintain the relations of amity with the United States.
I am commanded by His Majesty to inform you, that I have received from Mr. Jackson the most positive assurances, that it was not his purpose to give offence to the Government of the United States, by any expression contained in his letters, or by any part of his conduct.
The expressions and conduct of His Majesty's Minister in America having, however, appeared to the Government of the United States to be exceptionable, the usual course in such cases would have been, to convey, in the first instance, of His Majesty, a formal complaint against his Minister, and to desire such redress as might be deemed suitable to the nature of the alleged offence.
This course of proceeding would have enabled His Majesty to have made such arrangements, or to have offered such seasonable explanations, as might have precluded the inconvenience, which must always arise from the suspension of official communications between friendly powers.
His Majesty, however, is always disposed to pay the utmost attention to the wishes and sentiment of states in amity with him ; and he has therefore been pleased to direct the return of Mr. Jackson to England.
But His Majesty has not marked, with any expression of his displeasure, the conduct of Mr. Jackson ; whose integrity, zeal and ability, have long been distinguished in His Majesty's service, and who does not appear, on the present occasion, to have committed any intentional offence against the Government of the United States.
I am commanded to inform you, that Mr. Jackson is ordered to deliver over the charge of His Majesty's affairs in America, to a person properly qualified to carry on the ORDINARY intercourse between the two governments, which His Majesty is sincerely desirous of cultivating on the most friendly terms.
As an additional testimony of this disposition, I am authorized to assure you, that His Majesty is ready TO RECEIVE, with sentiments of undiminished amity and good will, any communication which the Government of the United States may deem beneficial to the mutual interests of both countries, through any channel of negociation which may appear advantageous to that government.
I request that you will accept the assurances of the high consideration with which I have the honor to be, sir, your most obedient and humble servant.
(Signed,) WELLESLEY.
William Pinckney, Esq., &c., &c., &c.
ANNALS OF THE TIMES.
Extract of a letter from General Armstrong to Mr. Smith, dated Paris, 7th April, 1810.
The Emperor left Paris a few days ago for St. Cloud whence he goes to Compeign, where he will remain till Easter. It is not probable that I shall have any answer to my propositions till he returns to Paris. The day before he set out he gave me a ship to carry myself and family to the United States. The minister recommended that I should not pin myself down to a day as to departure, as circumstances might make it proper for me to slay somewhat Longer than I now intended. The treaty between France and Holland was ratified the 3rd March, and will be published this day in Holland, I am assured that it contains the following articles.
“ All the merchandize conveyed into the ports of Holland, on board American vessels since the first day of January, 1809, shall be put under sequestration, subject to the disposition of France according to the circumstances and the political relations with the United States.”
Paris, 16th April, 1810,
SIR,—The “John Adams” is yet detained, I am able to inform you that on the 11th inst. the Emperor directed the sale of all the American vessels taken in the ports of Spain, and that the money arising therefrom should be placed in his caisse privée. He has also refused to give up the “Hero,” and has ordered that the case be brought before the Council of prizes where condemnation certainly awaits it. I send a copy of a note upon which this last order was taken and another relating to our business in Naples.
I am, Sir, with consideration, yours, &c, &c.
JOHN ARMSTRONG.
Hon. Robert Smith, &c..
REPEAL OF FRENCH DECREES OPENING THE PORTS OF THE UNITED STATES TO FRANCE.
It will be found, by referring to the correspondence between the American Ambassador in London and His Majesty's Secretary of State for Foreign Affairs, published in the Gazette of the 8th instant, that Great Britain engaged to revoke the Orders in Council, “ whenever the repeal of French Decrees shall have taken effect, and the commerce of neutral nations shall have been restored to the condition in which it stood previously to the promulgation of those Decrees.”
The President of the United States, by this Proclamation, has announced himself satisfied on this head, by the simple declaration of France. Whether the revocation has actually taken effect, in a manner to satisfy Great Britain, will be known shortly. In the meantime she must submit, for her want of confidence in the declaration of the enemy, to the penalty of having the ports of the United States open to the armed vessels of that enemy, while hers are excluded. Those who reflect on the circumstance, that, for some time back, France has not had any place of refuge for her armed vessels beyond the Atlantic, and recollect the mischief done by her plundering squadrons while they had such a refuge, will not think the penalty insufficient for the offence.
A PROCLAMATION.
WHEREAS by the 4th section of An Act, passed May 1, 1810, intituled, “ An Act concerning the commercial intercourse between the United States and Great Britain and Prance and their dependencies and for other purposes,” it is enacted, " That in case either Great Britain or France shall, before the third day of March next, so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States, which fact the President of the United States shall declare by proclamation, and if the other nation shall not within three months thereafter so revoke or modify her edicts in like manner, then the third fourth, fifth, sixth, seventh, eighth, ninth, tenth and eighteenth sections of the act, intituled : “ An Act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,” shall, from and after the expiration of three months from the date of the proclamation aforesaid, be revived and have full force and effect, so far as relates to the dominions, colonies and dependencies, and to the articles the growth, produce or manufacture of the dominions, colonies and dependencies of the nation thus refusing or neglecting to revoke or modify, her edicts in the manner aforesaid. And the restrictions imposed by this act shall, from the date of such proclamation, cease and be discontinued in relation to the nation revoking or modifying her decrees in the manner aforesaid.”
And whereas it has been officially made known to this government that the edicts of France violating the neutral commerce of the United States have been so revoked as to cease to have effect on the first of the present month. Now therefore, I, JAMES MADISON, President of the United States, do hereby proclaim that the said Edicts of France have been so revoked as that they cease on the said first day of the present month to violate the neutral commerce of the United States ; and that, from the date of these presents, all the restrictions imposed by the aforesaid act shall cease and be discontinued in relation to France and her dependencies.
In testimony whereof, &c, dated Nov. 2, 1810.
JAMES MADISON.
ANNALS OP THE TIMES.
Quebec, November 29, 1810.
We were mistaken, when we supposed that the American Government had declined putting England and France upon the same footing, in consequence of the promised revocation on the part of both, of their decrees and orders of Council, only because they did not choose to put the same confidence in the declaration of England as of France. Some extracts from newspapers, which usually express the sentiments of the American administration, will be found in this day's Gazette, which show that the Government of the United States will not be satisfied with the revocation of the orders in council issued subsequent to the Berlin decree ; but that they will further insist on the revocation of all orders for the blockade of ports before which ships are not actually stationed, and also upon the discontinuance of all impressments from American vessels.
SIR JAMES CRAIG'S SPEECH.
Quebec, 13th December, 1810.
Of the state of Public affairs in Europe, I have no official notice, on which I can ground any information to be given lo you. In these parts it appears however, that no advances have been made towards an accommodation of the differences, that have so long subsisted between His Majesty's Government and that of the United States ; such, is indeed, as far from being the case, that I am warranted in stating, that new claims, as relating to their Neutral rights, have been brought forward, by the latter, of a nature that seem likely to place that wished for event, at a very uncertain period.
SUCCESSOR TO MR. JACKSON.
(Documents Accompanying the President's Message.)
Mr. SMITH to Mr. PINCKNEY.
Department of State, Nov. 15, 1810.
SIR,—From a view of the conduct of the British Government, in relation to a Plenipotentiary successor to Mr. Jackson, as presented in your several communications, including even those brought by the “Hornet,” at which date and on which inviting occasion the subject does not appear to have been within the attention of Government, the President thinks is improper, that the United States should continue to be represented at London by a Minister Plenipotentiary. In case, therefore, no appointment of a successor to Mr. Jackson, of that garde, should have taken place at the receipt of this letter, yon will consider your functions as suspended, and you will accordingly take your leave of absence, charging a fit person with the affairs of the Legation.
Considering the season at which this instruction may have its effect, and the possibility of a satisfactory change in the system of our relations with Great Britain, the time of your return to the United States, is left to your discretion and convenience.
(Signed,) R. SMITH.
WM. PINCKNEY, Esq.
UNITED STATES.
NON-INTERCOURSE.
Sections of the non-intercourse Act, in operation against Great Britain since the first day of February, viz : the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 18th, as follows :
SEC. 3. And be it further enacted. That from and after the twentieth day of May next, the entrance of the harbors and waters of the United States, and the territories thereof, be, and' the same is hereby interdicted to all ships or vessels sailing under the Flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either ; vessels hired, chartered, or employed by the government of either country, for the sole purpose of carrying letters or dispatches, and also vessels forced in by distress or by the danger of the sea, only excepted. And if any ship or vessel sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either, and not excepted as aforesaid, shall after the twentieth of May next arrive, either with or without a cargo, within the limits of the United States, or of the territories thereof, such ship or vessel, together with the cargo, if any, which may be found on board shall be forfeited, and may be seized and condemned in any court of the United States, or the territories thereof, having competent jurisdiction ; and all and every act and acts heretofore passed, which shall be within the purview of this act, shall
be, and the same are hereby repealed.
SEC. 4. And be it further enacted, That from and after the twentieth day of May next, it shall not be lawful to import into the United States or the territories thereof, any goods, wares or merchandize whatever, from any port or place situated in Great Britain or Ireland, or in any of the colonies or dependencies of Great Britain, nor from any port or place situated in France, or in any of her colonies or dependencies, nor from any port or place in the actual possion of either Great Britain or France. Nor shall it be lawful to import into the United States or the territories thereof, from any foreign port or place whatever, any goods, wares or merchandise whatever, being the growth, produce or manufacture of France, or any of her colonies or her dependencies, or being of the growth, produce or manufacture of Great Britain or Ireland, or of any of the colonies or dependencies of Great Britain, or being the growth, produce or manufacture of any place or country in the actual possession of either France or Great Britain. Provided, That nothing herein contained shall be construed to affect the cargoes of ships or vessels wholly owned by the citizens of the United States, which had cleared for any port beyond the Cape of Good Hope, prior to the twenty-second day of December, one thousand, eight hundred and seven, or which had departed for such port by permission of the President, under the acts supplementary to the act laying an embargo on all ships and vessels in the ports and harbors of the United States.
SEC. 5. And be it further enacted, That whenever any article or articles, the importation of which is prohibited by this act, shall after the 20th of May, be imported into the States, or the territories thereof, contrary to the true intent and meaning of this act, or shall after twentieth of May, be put on board of any ship or vessel, boat, raft or carriage, with intention of importing the same into the United States, or the territories thereof, all such articles, as well as minor articles on board the same ship or vessel, boat or carriage, belonging- to the owner of such prohibited articles, shall be forfeited ; and the owner thereof shall moreover forfeit and pay treble the value of such articles.
SEC. 6. And be it further enacted, That if any articles, the importation of which is prohibited by this act, shall after the twentieth of May, be put on board of any ship or vessel, boat, raft or carriage, with intention to import the same into the United States, or the territories thereof, contrary to the true intent and meaning of this act, and with the knowledge of the owner or master of such ship or vessel, boat, raft or carriage, such ship or vessel, raft or carriage, shall be forfeited, and the owner and master thereof shall moreover each forfeit and pay treble the value of such article.
SEC. 7. And be it further enacted, That if any article or articles, the importation of which is prohibited by this act, and which shall nevertheless be on board of any ship or vessel, boat, raft or carriage, arriving after the said twentieth of May next, in the United States, or the territories thereof, shall be omitted in the manifest, report or entry of the master or the person having the charge or command of such ship or vessel, boat, raft or carriage, or shall be omitted in the entry of the goods owned by the owner, or consigned to the consignee of such articles, or shall be imported or landed, or attempted to be imported or landed, without a permit, the same penalties, fines and forfeitures shall be incurred and may be recovered, as in the case of similar omission or omissions, landing, importation, or attempt to land or import, in relation to articles liable to duties on l heir importation, into the United States.
SEC. 8. And be it further enacted, That every collector, naval officer, surveyor, or other officer of the customs, shall have the like power and authority to seize goods, wares and merchandize, imported contrary to the intent and meaning cit this act, to keep the same in custody, until it shall have been ascertained whether the same have been forfeited or not, and to enter any ship or vessel, dwelling house, store, building or other place, for the purpose of searching for, and seizing any such goods, wares and merchandize, which he or they now have by law, in relation to goods, wares and merchandize, subject to duty ; and if any person or persons shall conceal or buy any goods, wares or merchandize, knowing them to be liable to seizure, by this act, .such person or persons shall, on conviction thereof, forfeit and pay a sum double the amount or value of the goods, wares and merchandize so concealed or purchased.
SEC. 9. And be it further enacted, That the following additions shall be made to the oath or affirmation taken by the master or persons having the charge or command of any «hip or vessel arriving in any port of the United States, or the territories thereof, after the twentieth of May, viz : “ I further swear or affirm, that there are not, to the best of my knowledge and belief on board, (insert the denomination and name of the vessel) any goods, wares, or merchandize, the importation of which into the 'United States, or the territories thereof, is prohibited by law : And I do further swear or affirm, that if I shall hereafter discover or know of any such goods, wares or merchandize, on board the said vessel, or which shall have been imported in the same, I will immediately and without delay, make due report thereof to the collector of the port of this district.”
SEC. 10. And be it further enacted, That the following-addition be made, after the twentieth of May, to the oath or affirmation taken by importers, consignees or agents, at the time of entering goods imported into the United States, or the territories thereof, viz :
“ I also swear or affirm, that there are not to the best of my knowledge and belief amongst the said goods, wares or merchandize, imported or consigned as aforesaid, any goods, wares or merchandize, the importation of which, into the United States or the territories thereof, is prohibited by law ; and I do further swear or affirm, that if I shall hereafter discover or know of any such goods, wares or merchandize, imported or consigned as aforesaid, I will immediately and without delay, report the same to the collector of this district.”
SEC. 18. Points out the methods to be adopted for recovering, distributing, and accounting for the Penalities and Forfeitures, which may be incurred under the preceding Sections of the Act.
ENGAGEMENT BETWEEN THE U.S. FRIGATE “PRESIDENT,” AND THE
BRITISH SLOOP OF WAR “LITTLE BELT.”
BOSTON MAY 27.
“NEW YORK, May 24, 1811.
“ Yesterday about 12 o'clock, the U. S. frigate “ President,”' Commodore Rogers, arrived off Sandy Hook from the Chesapeake. In the afternoon, two officers came up from her on board the Pilot Boat “Thorne,” from whom we have the particulars of the firing off Cape Henry, which has, for the last two days, given rise to so many reports and conjectures. The facts, as stated below, will, we have no doubt, prove substantially correct. The mistake will be regretted by every one.
“ There is no truth in the reports of the “ President” having been sent out in pursuit of the frigate that impressed a man from the brig “Spitfire,” and the unfortunate affair now before us has no connexion with any particular orders to Commodore Rogers. These being facts, no additional circumstance has now occurred to widen the breach between the two governments, under whose flags these vessels sail. The “mistakes of a night” ought not,
cannot produce a war.—(New York Gaz.)
Particulars of the Engagement between the United States Frigate “ President,” Commodore Rogers, and the British sloop of war “ Little Belt,” Capt. Bingham.
On the night of the 16th instant, about 9 o'clock, the frigate fell in with the sloop of war, about 20 miles N. E. of Cape Henry ; and when within pistol shot of her, Commodore Rogers hailed her—no answer was given—Commodore Rogers hailed her a second time, and in the act of hailing, a shot was fired from the sloop of war into the frigate which struck her mainmast. The frigate immediately fired a shot into the sloop of war, she then poured a broadside into the frigate. Here the action commenced, and continued about 15 minutes, when the sloop of war ceased firing. The frigate remained near her all night. The next morning Commodore Rogers sent an officer on board, to offer any assistance they might require ; and to express his regret at the circumstance that had occurred the preceding evening. The sloop of war proved to be the “Little Belt,” Capt. Bingham, who apologized ; and gave as a reason for firing into the frigate, that he supposed her to be a Frenchman ; and politely declined any assistance, as he believed he would be able to reach a port of safety.
The “ Little Belt” lost in killed and wounded 30 men, was very much injured, having had nearly all her masts and spars shot away, besides several shots in her hull.
This sloop of war is Danish built vessel, and was taken at Copenhagen. In Steel's List she is rated a 20 gun sloop ; (False ; only 14.) but carries 24 thirty-two pound carronades.
The President received some trifling damage in her rigging, and had one boy slightly wounded in the arm.
We have seen several accounts of the above action, both printed and written ; but they differ in no essential circumstance, except the following. In the Evening Post account, which the editor says was furnished by the Capt. of the “President,” and one other officer of the ship, it is stated, “ That when Commodore Rodgers hailed the sloop of war, to know who she was, and where from ; the Commander of the sloop answered, by asking, who, and what the frigate was. Commodore Rodgers conceiving himself entitled to the first answer, hailed a second time, and instantly after received a shot which struck his mainmast.”
Fact.—Adm. Sawyer, has given positive orders to every British Officer on this station, not to impress an American. If any naval officers deviate, it is on his own responsibility that he will violate the commands of his superior. The American government having been informed of the very unjustifiable impressment or impressments of New York, has, under date of Saturday, 18th May, demanded the restoration by a despatch from the Secretary of the state to the British charge des affaires, Mr. Morier. These facts we know to be as stated.—Balt. Pap.
Orders of Government.—We find the following in the Baltimore Federal Republican of Monday :
“ We are correctly informed that a letter is in town from one of the members of the Executive, stating that Rogers has positive orders to search for a British frigate, demand the impressed men she has on board, and if refused, to take them by force.
“ The above may be relied upon.”—Balt. Fed. Rep.
“ There was a great noise here yesterday, occasioned by the assertion in the Baltimore Federal Republican, respecting the frigate “ President,” but we now know, by a letter from the Secretary of the Navy, that Commodore Rogers, of the President, has orders only to go in search of the British frigate, and demand the man impressed, but not to use force.”
THE “PRESIDENT” AND “LITTLE BELT.”
Copy of a letter from Commodore RODGERS, to the Secretary of the Navy.
United States Frigate “President,” off Sandy Hook, 23rd May, 1811.
SIR,—I regret extremely being under the necessity of representing to you an event that occurred on the night of 16th inst., between the ship under my command, and His Britannic Majesty's ship of war the “ Little Belt,” commanded by Captain Bingham ; the result of which has given me such pain, as well on account of the injury she sustained, as that I should have been compelled to the measure that produced it, by a Vessel of her inferior force. The circumstances are as follows:—On the 16th inst., at twenty-five minutes past Meridian, in seventeen fathom water, Cape Henry bearing S. W., distant fourteen or fifteen leagues, a sail was discovered from our mast head in the East, standing towards us under a press of sail. At half past one the symmetry of her upper sails (which were at this time distinguishable from our deck) and her making signals, shewed her to be a man-of-war. At forty-five minutes past one p.m., hoisted our ensign and pendant ; when, finding her signals not answered, she wore and stood to the Southward. Being desirous of speaking her, and of ascertaining what she was, I now made sail in chase ; and by half-past three, p.m., found we were coming up with her ; as by this time the upper part of her stern began to shew itself above the horizon. The wind now began, and continued gradually to decrease, so as to prevent my being able to approach her sufficiently before sunset, to discover her actual force, (which the position she preserved during the chase was calculated to conceal) or to judge even to what nation she belonged ; as she appeared studiously to decline shewing her colors. At fifteen or twenty minutes past seven, p.m., the chase took in her studding sails, and soon after hauled by the wind on the starboard tack ; she at the same time hoisted an ensign or flag at her mizen Peak ; but it was too dark for me to discover what nation it represented ; now for the first time her broad side was presented to our view ; but night had so far progressed, that although her appearance indicated she was a frigate, I was unable to determine her actual force.
At fifteen minutes before eight p.m., being about a mile and a half from her, the wind at the time very light, I directed Capt. Ludlow to take position to windward of her and on the same tack, within short speaking distance. This, however, the commander of the chase appeared from his manœuvres to be anxious to prevent, as he wore and hauled by the wind on different tacks four times successively between this period and the time of our arriving at the position, which I had ordered to be taken. At fifteen or twenty minutes past eight, being a little forward of her weather beam, and distant from seventy to a hundred yards, I hailed “ what ship is that ?” to this enquiry no answer was given, but I was hailed by her commander and asked “what ship is that?” Having asked the first question, I of course considered myself entitled by the common rules of politeness to the first answer ; after a pause of fifteen or twenty seconds, I reiterated my first enquiry of “ what ship is that,” and before I had time to take the trumpet from my mouth, was answered by a shot, that cut off one of our maintop-mast breast back stays and went into our mainmast—at this instant Capt. Caldwell of marines) who was standing very near to me on the gangway having observed “sir, she has fired at us” caused me to pause for a moment just as I was in the act of giving an order to fire a shot in return ; and before I had time to resume the repetition of the intended order, a shot was actually fired from the second division of this ship ; and was scarcely out of the gun before it was answered from our assumed enemy by three others in quick succession, and soon after the rest of his
broadside and musketry. When the first shot was fired, being under an impression, that it might possibly have proceeded from accident and without the orders of the
Commander, I had determined at the moment to fire only single shot in return, but the immediate repetition of the previous unprovoked outrage induced me to believe that
the insult was premeditated, and that from our adversary being at the time as ignorant of our real force as I was of his, he thought this, perhaps, a favorable opportunity of acquiring promotion, although at the expense of violating our neutrality and insulting our flag ; I accordingly with that degree of repugnance incident to feeling equally determined neither to be the aggressor, or to suffer the flag of my country, to be insulted with impunity, gave a general order to fire ; the effect of which, in from four to six minutes, as near as I can judge, having produced a partial silence of his guns, I gave orders to cease firing, discovering by the feeble opposition that it must be a sloop of very inferior force to what I had supposed, or that some untoward accident had happened to her.
My order in this instance however (although they proceeded alone from motives of humanity and a determination not to spill a drop of blood unnecessarily) I had in less than four minutes some reason to regret, as he renewed his fire, of which two 32 pound shot cut off one of our fore-shrouds and injured our fore-mast. It was now that I found myself under the painful necessity of giving orders for a repetition of our fire against a force which my forbearance
alone had enabled to do us any injury of moment ; our fire was accordingly renewed and continued from three to five minutes longer, when perceiving our opponent's gaff and colours down, his main top sail yard upon the cap and his lire silenced, although it was so dark that I could not discern any other particular injury we had done or how far he was in a situation to do us further harm, I nevertheless embraced the earliest moment to stop our fire and prevent the further effusion of blood. Here a pause of half a minute or more took place, at the end of which, our adversary not shewing a further disposition to fire, I hailed and again asked “ what ship is that ?” I learned for the first time, that it was a ship of His Britannic Majesty's ; but owing to its blowing rather fresher than it had done, I was unable to learn her name. After having informed her commander of the name of this ship, I gave orders to wear, run under his lee and haul by the wind on the starboard tack, and heave to under top-sails, and repair what little injury we had sustained in our rigging, which was accordingly executed, and we continued lying to on different tacks with a number of lights displayed, in order that our adversary might the better discern our position, and command our assistance, in case he found it necessary during the night. At day light on the 17th, he was discovered several miles to leeward, when I gave orders to bear up and run down to him under easy sail ; after hailing him I sent a boat on board with Lieutenant Creighton, to learn the names of the ship and her commander, with directions to ascertain the damage she had sustained, and to inform her commander, how much I regretted the necessity on my part, which had led to such an unhappy result ; at, the same time to offer all the assistance that the ship under my command afforded, in repairing the damages he had sustained. At 9 a.m., Lieut. Creighton returned with information, that it was His Britannic Majesty's ship “ Little Belt,” commanded by Capt. Bingham ; who, in a polite manner declined the acceptance of any assistance ; saying, at the same time, that he had on board all the necessary requisites to repair the damages, sufficiently to enable him to return to Halifax.
This however was not the most unpleasant part of Capt. Bingham's communication to Lieut. Creighton, as he informed him, that, in addition to the injury his ship had sustained, between twenty and thirty of his crew had been killed and wounded.
The regret that this information caused me, was such, you may be sure, as a man might be expected to feel, whose greatest pride is to prove, without ostentation, by every public as well as private act, that he possesses a humane and generous heart ; and with these sentiments, believe me, sir, that such a communication would cause me the most actue pain during the remainder of my life, had I not the consolation to know that there was no alternative left me between such a sacrifice and one which would have been still greater, namely, to have remained a passive spectator of insult to the flag of my country, whilst it was confided to my protection —and I would have you to be convinced, sir, that however much individually I may previously have had reason to feel incensed at the repeated outrages committed on our flag by British ships of war, neither my passions nor prejudices had any agency in this a affair.
To my country, I am well convinced of the importance of the transaction which has imposed upon me the necessity of making you this communication; I must, therefore, from motives of delicacy, connected with personal considerations, solicit that you will be pleased to request the President to authorize a formal inquiry to be instituted into all the circumstances as well as into every part of my conduct connected with the same.
The injury sustained by the ship under my command is very trifling, except to the fore and main masts, which I before mentioned ; no person killed, and but one (a boy) wounded.
For further particulars I refer you to Capt. Caldwell, who is charged with the delivery of this communication.
I have the honor to be, with great respect, sir, your obedient servant,
(Signed,) JOHN RODGERS.
HON. PAUL HAMILTON, Secretary of the Navy.
The Frigate President.—Just as our paper was prepared for the press, we were favored with the following extract of a letter, written by an officer on board the “ President,” and dated, “ Off Cape Henry, May 14th.”—The letter was brought to Baltimore by a Pilot boat :—
“ Last Friday, we lay safely moored at Annapolis—the Commodore was with his wife at Havre de Grace, about 70 miles from us—our sailing master was at Baltimore, 40 miles distant—our purser and chaplain at Washington— our sails all unbent—and our captain dining on board the Argus, when at 3 o'clock the Gig was seen at about five miles ahead, sailing at the rate of ten miles an hour, a broad pendant flying, denoting that the Commodore was on board, although not expected in a fortnight. All the officers were called on deck to receive him. He entered the gangway, and passed rapidly down into his Cabin. The first lieutenant was sent for, and remained with the Commodore about five minutes, when he returned to the deck, and dispatched expresses for the sailing master, purser, chaplain, &c. The captain was informed that we were under sailing-orders.
“He had just begun a fine dinner—obliged instantly to quit it—all hands went to work, bending the sails and preparing for sea, and to cap the whole our doctor was set to work, making plaisters, splinters, rubbing up torniques, lances, saws, knives, &c, &c, signals of bloody work.
“ On Saturday, our officers returned from Washington and Baltimore, much faster than they went ; and on Sunday morning at day light, we weighed anchor, and with a head wind beat until last evening, when the wind shifted, and we are now before it.
“ By the officers who came from Washington, we learn that we are sent in pursuit of the British frigate who had impressed a passenger from a coaster. Yesterday, while hearing down the Bay, we spoke a brig going up, who informed us that she saw the British frigate the day before, off the very place where we now are, but she is not now in sight. We have made the most complete preparation for battle. Every one wishes it. She is exactly our force, but we have the “Argus” with us, which none of us are pleased with, as we wish a fair trial of courage and skill. Should we see her, I have not the least doubt of an engagement. The Commodore will demand the person impressed —the demand will doubtless be refused—and the battle will instantly commence. Our frigate works well, and completely beats the “ Argus” in sailing.
“ The Commodore has called in the boastwain, gunner, and carpenter, informed them of all circumstances, and asked if they were ready for action. Ready was the reply of each.”
NEW YORK, May 23.—We have been favored with the extract of a letter from Philadelphia, which put the business of the orders to Captain Rogers at rest ; he is instructed to search for the frigate and demand the man impressed, but to use no force.—(Evg. Post.)
NEW YORK, May 25.—The National Intelligencer of last Thursday contains the following warlike paragraph :—
“ Within the course of a few days past, several cases have occurred of impressment by British vessels on our coast from coasting vessels. These impressments having taken place under aggravated circumstances, have excited, as they ought, a very general indignant feeling. The United States frigate “President” put to sea from Annapolis under such circumstances, as justify the impression that the object of her sailing was to obtain the release of these men. Under these circumstances rumours of an engagement off our Capes have reached us, which we present to our readers as they follow, barely observing, that it is well understood that the commanders of our public vessels are generally instructed to submit to no question from any foreign vessel which shall wear the semblance of a threat, in manner or words.”
(From the National Intelligencer, May 30.)
We understand that the conduct of Commodore Rodgers, in repelling and chastising the attack so carelessly and rashly made on the United States frigate “ President” by the British ship of war “Little Belt,” has the approbation of the President of the United States ; and that the request of the Commodore for an investigation into his conduct on the occasion has not been acceded to, his known candor and honor precluding any doubt of the correctness of his statement of the circumstances of the affair. And we assert that it may confidently be expected by our naval commanders, that in supporting the dignity of our flag, they will be rewarded with the applause of the American government and nation.
The President and Little Belt. —The reader will find in this day's Gazette several articles relating to the affair between these two vessels, and among the rest, the American Commander's account of the transaction, as published by his Government. This gentleman, after having had a week to deliberate, chooses to rest his defence on an alleged breach of the “ common rules of politeness” on the part of the l Captain of the “ Little Belt,” in not answering the question put to him. He does not venture to assert a right, in a neutral vessel, to question belligerent ships of war, which they may meet with at sea. It was a mere matter of common politeness. Well, so be it. But let us see how the question of politeness stands. Politeness is a respectful deference for the feelings of others. It is reciprocal. No person can exact it who does not practise it. Commodore Rogers supposes it to be perfectly polite, to run after a friendly person in the street, and continue the pursuit, though he perceives that his superior force has made that person apprehensive of his being an enemy, till he can get in a situation to leave him no retreat, and then question him! The Commodore's “rules of common politeness” seem to differ materially from those generally received, and it would be befitting his “generous and humane heart,” to make them known to the world, before he undertakes to enforce them at the mouth of his cannon.
Commodore Rogers does not indeed say that he would have enforced them, had not Capt. Bingham fired ; but really it is difficult to understand Commodore Rodgers What ! Chase a vessel eight hours, place yourself so that she cannot escape, question her, and receiving no answer, turn about and sail off peaceably ! If such was his intention, we can assure Commodore Rodgers, that no British officer will ever be able to comprehend him.
It is not consistent with the character which Commodore Rodgers gives of himself in the latter part of his letter, to impute bad motives to Capt. Bingham, and a settled intention on the part of his Government to insult the American flag. His allusion to previous “ repeated insults,” is equally objectionable. An officer and a gentleman undertaking to justify himself, for a particular act, ought not to appeal to judges whom such means can bias.
We trust that the result of the enquiry which Commodore Rodgers has asked for, will be to produce orders, authorizing what he has done, or to send him back to his wife at Havre de Grace, whom, if he acted without orders, he ought never to have left.
DEPARTURE OF GOVERNOR CRAIG.
Yesterday His Excellency SIR JAMES HENRY CRAIG, Governor General of British North America, embarked on board the “ Amelia” frigate for England. The embarkation took place at 3 o'clock in the afternoon, and perhaps never on a similar occasion was such a ceremony better conducted, or furnished a scene more solemn and interesting. The garrison formed an unbroken avenue in close order, from the Chateau to the landing Place, a distance of half a mile, each Regiment having its colours and music in the centre of its line. The moment the carriage was brought to the door, a number of the inhabitants of Quebec, having yellow cockades in their hats (His Excellency's State colour) unharnessed the horses, and in conveying the illustrious charge over the last piece of Canadian territory he had to pass, mixed in a suitable manner, triumph to sadness. As His Excellency passed on, the troops presented arms, and the bands of music played different national airs. At several points, where groups could find footing, they interrupted the solemnity that prevailed, and silenced the feeble, but expressive noise of presenting arms, which gradually moved along the entire line, by repeated cheers. His Excellency was received at the place of embarkation by Capt. IRBY, and after addressing in an appropriate manner, the worthy men who had paid him the last service he was ever to receive in this Province, he gave signs of embarrassment for the first time since his residence amongst us. His heart was full ; and his calm and martial look subdued for an instant. He Was not only about to terminate an administration marked throughout by pure intentions and successful results ; he was closing forever a long career of useful public life ; he was taking leave of a whole community, whose esteem he had justly won ; and looking for the last time on a few who had been his companions in arms in various quarters of the world, and particularly on one, who long since, and through many of the changes of his life, had enjoyed his entire confidence and friendship.
A salute of 19 guns from the Grand Battery gave the last farewell of the country. He was conveyed to the frigate, and received with yards manned in the usual manner, and a salute as Vice-Admiral of British North America. The Shipping had all their colours displayed, and a transport vessel repeated the salute in a most spirited manner.
Whatever may now be said of this personage here, will be spoken across the grave. We shall never fix our eyes on him again, nor can he evermore be approached by any of us. He has taken his seat in history, where his fame will rise in proportion as he shall be judged with rigor. It will be found by a thousand evidences that he united the genius of greatness with an ardent love of doing good, and possessed an association of talents seldom found in any individual. His reigning passion was to perform his duty completely and conscientiously ; his favorite amusement, to confer by acts of charity the means of subsistence on the indigent, and to add to the relief of many in declining circumstances. Every project, every act, whatever objects they might refer to, bore the impression of this character ; and if one principle of it was stronger than another, it was discoverable in a broad deep tone of benevolence, which reigned throughout the whole. His appearance and address announced a superiority which was readily admitted, because unequivocally felt; and many who from various causes had frequent access to him, sensibly experienced the magic of such an union of happy qualities.
It is to be regretted that increasing ill-health will deprive his country of any further personal services. But there are hundreds living who have served under him, and to whom he has communicated his spirit, his principles, and much of his professional experience. Such a man's usefulness long survives his earthly frame ; and, in a certain sense, he may be said to live longer after death than before. He is returning to the country of great men, where, we trust, he may enjoy a few years, at least, of that holy repose, which can only be experienced at the close of a long life passed in continual service, under every climate, and often in trying circumstances ; always for the advantage of every cause entrusted to him ; for the satisfaction of his own sharp sense of rectitude, and for the perpetual increase of his well earned honors.
His Excellency is accompanied by Colonel Kempt, Quarter Master General, Colonel Thornton, Military Secretary, Colonel Ellice, Deputy Adjutant General, and Capt. Dumas and Lieut. M’Coy Aides-de-Camp. These gentlemen share largely in the regrets that have been occasioned by this event. They have been universally esteemed and admired for combining all the great qualities that can distinguish the accomplished Soldier, and seem to render complete the sadness of this separation.
RELATING TO THE “LITTLE BELT.”
From the Halifax Journal, May 27.
Arrived yesterday, His Majesty's Sloop of War, “Little Belt,” Capt. Bingham, from a cruise.
The “ Little Belt” has been cruising off the American coast—from conversations with several of her officers, we have derived the following interesting information :
At eleven o'clock in the forenoon of the 16th inst., when about 100 miles to the eastward of the Chesapeake, a sail was observed and chase immediately given, at one it was discovered to be a frigate, steering E. with a Commodore's blue pendant at the main, and the conclusion drawn that it was an American ship. The “ Little Belt” then altered her course to the southward, and in about two hours afterwards the frigate, under a press of sail, was seen standing for her, it was soon noticed that she gained upon the “ Little Belt,” and at half-past six the latter hove to, when guarding against a surprise, the usual preparations were made for action, at which time the stars in the frigate's pendant were perfectly visible, at about eight, she came within hail, and was twice asked from the sloop of war what ship it was. The answer to the first enquiry, was a repetition of the question, to the second, a broad-side of round and grape shot, which was immediately returned, and an action commenced which continued full three quarters of an hour, when the frigate ceased firing, filled her sails, sheered off, and hailed the “Little Belt,” (which, just at that time had also ceased firing) asked what ship— was told her name, and then enquired if she had struck her colours, and was answered in the negative. The name of the frigate was then asked, and an answer returned that it was the United States ship “ President.” She afterwards stood off under easy sail, and both ships lay to the remainder of the night, repairing their damages, in the morning the frigate bore down upon the “Little Belt,” and, coming within hail, asked permission to send a boat to her, which was granted, and an officer came on board with a message from Commodore Rogers, saying he lamented the transaction, did not think she was so much inferior in force to the “ President”—was sorry the Little Belt had fired first—would willingly render her every assistance in his power, and advised that she should go into an American port to repair. The officer then took his departure, returned to the "President," which made sail, and was soon out of sight, leaving
the “ Little Belt” almost a complete wreck, sails and rigging cut to pieces, 11 killed, 21 wounded, and without explanation of their extraordinary conduct.
We here beg leave to refer our readers to the following extract of a letter from an intelligent gentleman at New York, dated Tuesday, the 14th inst. the day the Packet sailed from thence :—
“ The following was posted up in the office of the New York Gazette, this morning— The Frigate President, is ordered in pursuit of the British Frigate, to demand, AT THE MOUTH OF HER GUNS, the release of the Man who was taken from the American Brig Spitfire a short time since.”
The following paragraph, extracted from a New York paper of the 3rd inst. alludes to the impressment of a man belonging to the “ Spitfire” :—
“ Arrived the elegant new brig “ Spitfire,” Neil, 4 days from Portland, in ballast. Off the Hook had a young man, never before on the ocean, pressed by a British frigate, shameful conduct. It is hoped measures will be immediately taken to recover this young man, by obtaining a letter from Col. Barclay, and dispatching a pilot boat in pursuit of the frigate.”
From the above particulars it appears that a man belonging to an American vessel was impressed by a British frigate, off New York, and that Com. Rogers was sent to demand him. That, after cruising several days, the “President” fell in with the “ Little Belt,” (which, however, was not the ship that made the impressment) and, after manoeuvring with the apparent intention of raking her, but without succeeding, commenced the unequal fight.”
EXTRACT of a letter from an Officer, dated on board His Majesty's sloop “Atalanta,”" off Sandy-Hook,
June 16th, 1811.
“ The only public information in my power to communicate, is, that on Sunday, the 9th inst., being in company with His Majesty's ship “ Eurydice,” we fell in with the American frigate “ United States,” off the Capes of Virginia ; and that during a conversation of an amicable nature between Captain Bradshaw from the “ Eurydice,” and Commodore Decatur, whose broad pendant was flying on board the “ United States,” a shot was fired towards the “ Eurydice,” but did not strike her and from which no unpleasant consequences took place, as Commodore Decatur instantly hailed and declared upon his honour it was an accident, and not intended as an insult to the British flag, which assurances he repeated in person to the first Lieutenant of the “Eurydice,” who was sent immediately on board the “ United States” to demand officially the reason of the shot having been fired. The matter being so adjusted we parted company.
A few days since, the frigate “ United States,” of 44 guns, Com. Decatur, being on a cruize off the Capes, fell in with the British ship of war “ Eurydice,” of 24 guns, and “ Atalanta,” brig of 18 guns. On Com. Decatur's backing his sails, and hailing the frigate, one of his guns unluckly went off, the frigate's guns being discharged with locks, and not with matches. The Commodore immediately sent an officer on board the “Eurydice” to explain the accident ; and mutual civilities were exchanged.—(Norfolk Demo. Paper.)
To the Norfolk statement that a shot was fired from the frigate “United States,” Capt. Decatur, at the British frigate “ Eurydice,” we have to add, that according to a letter received in town from on board the former frigate, the shot struck the “ Eurydice” ; that it was intentionally fired, but without Capt. Decatur's orders ; and that it was with difficulty he could refrain a continuance of the fire. Should this account prove to be correct, which we think it will, from the direct character of the information, we are far from anticipating any censure upon Captain Decatur. Such is the hostile spirit invariably inculcated by the executive and its minions against Great Britain ; precipitate has Mr. Madison been in approving the hostile bearing of Capt. Rogers in the affair of the “Little Belt,” that, we should wonder, if the state of discipline on board the American frigates should admit of a moderate degree of obedience and subordination, when British vessels of inferior force are met with. Under such circumstances, it must be painful for a man of honor and correctness to hold a command.—[Balt. Fed. Rep.]
From, Norfolk, June 11.
“ Commodore Decatur, off our capes, yesterday, had a long and friendly parley with a British Frigate, and sloop of war. The latter, the “ Atalanta,” of 18 guns, Captain Hickey, landed here William Gray, Esq., and Lady, passengers, and despatches ; and sailed again to-day, in the sloop of war, for Halifax.”
The public here, was in expectation this week, of accounts of another battle by mistake, between some of His Majesty's ships and American cruisers. It will be seen that a gun was fired by mistake from the United States 44 gun frigate, on the “ Eurydice,” of 24 guns, but, another British vessel of 18 guns, being at hand, the American commander thought proper to apologise immediately, and the parties separated good friends.
From the tenor of an article which we have extracted from the Halifax Royal Gazette of the 5th ult., it would appear that the examination of the officer s of the “ Little Belt” has been sent to England, and that that affair will not be resented by our naval officers there, till the decision of the Government at home is known. No retaliatory measures for the non-intercourse had been adopted in England up to the 14th May ; the intention is even said to have been abandoned for the present; so that, if some of the American 44 gun frigates do not fall in with some of His Majesty's vessels from 6 to 14 guns or so, we trust that nothing will happen to widen the breach between the two Countries, till the result of Mr. Fosters mission is known.
NEW YORK, June 26, 1811.
On Sunday afternoon, arrived off Sandy Hook, the British sloop of war “ Sapphire,” from Bermuda, and yesterday an officer belonging to her came up to town with dispatches relative to the affair between the United States frigate “ President,” and the British sloop of war “ Little Belt.” We understand they consist of an official letter from Admiral Sawyer, enclosing Captain Bingham's letter, containing a minute and circumstantial account of what took place from the moment he described the “ President” to the close of the battle which terminated so disastrously to the ship. The dispatches were sent on to Mr. Morier, the British Minister, at Washington, by yesterday's mail.—E. Post.
The following is the official despatch of Capt. Bingham, of the “ Little Belt,” containing his account of the late notion between the sloop of war and the U. S. frigate “ President.” The letter has been sent on to “Washington, mid probably has been communicated to the Secretary of State, by Mr. Morier. After perusing the two accounts every reader will see that a Court of Inquiry, in which facts can be ascertained on oath, is necessary for the attainment of the whole truth of this affair.
Capt. Bingham's Letter.
His Majesty's sloop “ Little Belt,” May 21st, 1811, lat. 36, 50, N. Ion. 71, 49, W. Cape Charles bearing W. 48 miles.
SIR,—I beg leave to acquaint you that in pursuance of your orders to join H. M. ship “ Guerrière,” and being on my return from the northward, net having fallen in with her ; that about eleven, A.M., May 16th, saw a strange sail, to which I immediately gave chase. At one P.M., discovered her to be a man of war, apparently a frigate, standing to the eastward, who, when he made us out, edged away for us, and set his royals Made the signal 275, and finding it not answered concluded that she was an American frigate, as she had a Commodore's blue pendant flying at the main. Hoisted the colors and made all sail south, the course I intended steering round Cape Hatteras ; the stranger edging away but not making any more sail. At 3.30 he made sail in chase, when I made the private signal which was not answered. At 6.30, finding he gained so considerably on us as not to be able to elude him during the night, being within gunshot, and clearly discerning the stars in his broad pendant, I imagined the most prudent method was to bring to, and hoist the colors that no mistake might arise, and that he might see what we were. The ship was therefore brought to, her colors hoisted, her guns double shotted, and every preparation made in case of surprise. By his manner of steering down, he evidently wished to lay his ship in a position for raking, which I frustrated by wearing three times. About 8.15, he came within hail—I hailed, and asked what ship it was ? He repeated my question. I again hailed, and asked, what ship it was? He again repeated my words, and fired a broadside, which I instantly returned. The action then became general, and continued so for three-quarters of an hour, when he ceased firing, and appeared to be on fire, about the main hatchway. He then filled. I was obliged to desist from firing, as, the ship falling off, no gun would bear, and had no after to keep her to. All the rigging and sails cut to pieces ; not a brace nor a bowline left. He then and asked what ship this was ? I told him. He then asked me if I had struck my colors ? My answer was No, and asked what ship it was ? As plainly as I could understand (he having shot some distance at this time) he answered the United States frigate. He fired no more guns, but stood from us, giving no reason for his most extraordinary conduct.
At daylight in the morning, saw a ship to windward when having made out well what we were, bore up and passed within hail fully prepared for action. About 8 o’clock he hailed and said if I pleased, he would send a boat on board : I replied in the affirmative, and a boat accordingly came with an officer, and a message from Commodore Rodgers, of the “ President,” of the United States, to say that he lamented much the unfortunate affair (as he termed it) that had happened, and that had he known our force was so inferior he should not have fired at me. I asked his motive for having fired at all? His reply was that “ we fired the first gun at him ;” which was positively not the case. I cautioned both the officers and men to be particularly careful, and not suffer any more than one man to be at the gun. Nor is it probable that a sloop of war, within pistol shot of a large 44 gun frigate, should commence hostilities. He offered me every assistance I stood in need of, and submitted to me that I had better put into one of the ports of the United States ; which I immediately declined.
By the manner in which he apologized it appeared to me evident that had he fallen in with a British frigate, he would certainly have brought her to action. And what further confirms me in that opinion, is, that his guns were not only loaded with round and grape shot, but with every scrap of iron that could be possibly collected.
I have to lament the loss of 32 men killed and wounded, among whom is the master.
His Majesty's ship is much damaged in her masts, sails, rigging and hull, and as there are many shot through between wind and water, and many shots still remaining inside, and upper works all shot away, starboard pump also, I have judged it proper to proceed to Halifax, which will, I hope, meet with your approbation.
I cannot speak in too high terms of the officers and men I have the honor to command, for their steady and active conduct throughout the whole of this business, who had much to do, as a gale of wind came on the second night after the action.
I beg leave to enclose a list of the 32 men killed and wounded ; most of them mortally, I fear.
I hope, Sir, in this affair, I shall appear to have done my duty, and conducted myself as I ought to have done against so superior a force, and that the honor of the British colours was well supported.
I have the honor to be, Sir, with much respect, your most obedient humble servant.
A. B. BINGHAM, Captain.
To HERBERT SAWYER, Esq., Rear Admiral of the Red, Commander in Chief; &c, &c.
“We have made some further extracts from the American Papers, to shew the tone and language used by the Americans in consequence of their gallant achievement against the “Little Belt.” We have inserted also the American official statement, which, is in direct contradiction to probability and indeed to the solemn declaration of Capt. Bingham and all the Officers of the “ Little Belt.” There could be no pretence for this hostile attack ? No demand was made for any Americans impressed by our officers— no complaint was urged ; the frigate commenced hostilities .it once, as if the American Government had determined to “ cut short all intermission” and shew usher determination to negociate only at the cannon's mouth. Be it so—it is not for us to dread the issue of any contest with America. And if she prefer fighting under French banners, and in aidence of French purposes, in other words if she choose to accept a Bonaparte for a Washington, on her head be all the guilt and shame,—aye and of the ruin of such policy. —(Courier.)
To the above extracts from the London papers, we add the following note, communicated to us by a passenger in the “Juno” :—“ No communication had been made, when we sailed, (July 9) by the government of England to parliament, on the subject of American affairs since the account of the engagement between the “ President” and “ Little Belt” was received. The opinion entertained by the people seemed to be strongly against the conduct of Capt. Rodgers ; and an opinion generally prevailed, that unless reparation be immediately offered, or a satisfactory explanation given by our government, war will be the consequence ; and as a preparatory step for whatever may be the result, a squadron of four sail of the line, one frigate, and a sloop of war, under the command of Sir Joseph Yorke, sailed from Portsmouth, July 5, for our coast. Sir Joseph is said to have sealed instructions, which he is not to open until he arrives in a certain longitude.”
A letter from an American gentleman of the first respectability in London, dated 3rd July, has the following Postscript :—“" War with the United States will take place, if the American government do not give satisfaction for the attack on the “ Little Belt,” which is said here to have been made by the “President.”
The Court of Inquiry on the conduct of Commodore Rodgers in the affair of the “ Little Belt,” will assemble immediately in New York. Commodore Decatur will preside, and Mr. Sandford, of New York, be Judge Advocate.
“ GUERRIERE,” FRIGATE.—The “ Henry,” from England, arrived in New York, a fortnight since fell in with and was boarded from the British frigate “ Guerrière,” which had not her name on her foretopsail as stated in a late Baltimore paper. This information therefore is of a piece with the gossiping tale which magnified her into a fifty gun ship. All we know of her is, that in Steele's Lists for many years she has been recorded thus ; “Guerrière,” taken from the French, 38 guns, S. J. Pechell, Halifax station ; taken 1806," by the “Blanche” frigate of 38 guns. It is not probable, if she were a 50 gun ship, she would be degraded in an official list to a 38 by a nation which prides itself so much on the strength of its navy. With the same propriety that the “ Guerrière” is called a 50 gun ship, might we call our 44, 56 gun ships ?
THE CLOUD OF WAR.
HOUSE OF REPRESENTATIVES.
MONDAY, Dec. 30, 1811.—An additional bill on the subject of National Defence was reported, read and referred. By this Bill an additional appropriation of 400,000 dollars, is made, for the purchase of arms.
Mr. Wright laid on the table, a motion for a committee to report a bill for the protection, recovery, and indemnification of American seamen.
The bill to authorize the President to accept and organize 50,000 volunteers, was taken up in committee of the whole.
A debate ensued on the question of the Committee's rising, in order to take up and decide on the Standing Army Bill. In this debate Mr. Porter, contended that Volunteers were more efficient than Regulars, and could be raised in half the time. This he said was an important consideration when it was recollected that it was the determination of every branch of the government to assert our right by force, and to make a DESCENT AS SPEEDLY AS POSSIBLE UPON THE BRITISH POSSESSIONS. Mr. (Speaker) Clay contended that 25,000 regulars were more efficient than 50,000 Volunteers, on the regulars alone, he said, could we safely calculate for the conquest of Canada. The motion that the Committee rise prevailed.
The House went into Committee on the Bill from the Senate for raising an Additional Regular Army of 25,000 men. The amendments of the Committee of the House, by which it was proposed to reduce the number to 10,800 were first taken up.
Messrs. Fisk and Wright opposed the amendments, which were rejected 65 to 44. The regiment of Light artillery was changed for artillery ; and several other amendments were agreed to ; but no definite question taken on the bill, when the House Adjourned.
DEC. 30.—The question was, whether the house will concur in the amendment, which reduces the number of men from 25,000 to about 15,000.
Mr. Fisk was against concurring, as he thought we should want at least 25,000 men in the contemplated attack on Canada. He said, that we should, in the end, find it the cheapest to have that number.
Mr. Wright was also against concurring. He said if he should hear to-morrow, that the Orders in Council were revoked, he would seize Canada, and hold it for an indemnification. He thought it all important that this Bill should pass immediately, that the officers may be appointed, and that they may attend forthwith to recruiting the men. The house refused to concur in the amendment.
TUESDAY, DEC. 31.—After the disposal of some local and private business. A committee was appointed to request the President to inform the House, if American Tobacco is admitted to be imported into ci-devant Holland ; and if admitted, whether the regulations en règle, relative to that article, extend to Holland, and the Hanseatic towns.
Additional Regular Army.—The House again went into committee on this bill from the Senate. But on motion of Mr. Williams, (of South Carolina) and others, ho asserted that serious apprehensions were entertained on the frontier of another attack from the “ Prophet,” who, it was said, had been reinforced with 2,000 men ; the Committee rose in order to take up the bill allowing the President to raise corps of Rangers for the protection of the frontiers. The Rangers bill wag then read a third time and passed, without amendment or debate.
The House then, in committee, took up again the Bill from the Senate for raising 25,000 Additional Regular Troops.
Mr. Clay, (Speaker), expressed his sentiments with respect to this bill. He contended that the force it proposed to raise, so far from being too large, was entirely too small for war. If this army of 25,000 men was intended for the invasion of Canada, their number would be greatly reduced before they reached Quebec. This diminution would be owing to the garrisons required for intermediate places that might previously be subdued—for although the army would leave no European force behind them, they would leave the inhabitants of Upper Canada behind them—the calculations on the treason of those people, he considered utterly groundless and objectionable. Thus we should have but a very small force left to lay seige to Quebec, a place already almost impregnable, and which in the event of hostilities, would no doubt receive great reinforcement. With regard to the idea that Britain was fighting the battles of the world, Mr. C. observed, that if she would relinquish her own insolent pretensions, she might then challenge universal sympathy in the present contest —but not till then. He could not consent to submit to the kicks and scoffs of G. Britain, under the chimerical fear of French subjugation. He requested gentlemen to look at the fate of desolated Spain. Had she been benefitted by her base subserviency to Imperial dictates ? No. If she had nobly asserted her rights, her monarch would not now be groaning in a dungeon. He contended that the true cause of British aggression was her determination to destroy a growing rival, which she saw, and sickened in seeing in the American States. He hoped and believed no man in the House could be unwilling to go to war, under the apprehension of losing his seat—he trusted that the interest of the country would be pursued, whatever might be the consequences. Nor did he believe the people of the United States would dismiss men from their stations for honestly performing their duty. Mr. C. expressed his determination to support the rights and honor of his country, even at the hazard of life.
Mr. Widgery wondered Mr. C. had said nothing about the militia—some States might put no dependence upon them, but the militia of New England was an army well equipped, and would fight—would take Canada immediately if authorized. You'll get no men, no you wont, by this bill, only officers ! How was't with the Oxford army ! They recruited 6 months and only got 6 men ? The strength of the country is to the northward and eastward. We shall find some of the House, I have 'en; some en'em in my eye (looking at the federalists) but I don't want to call names, who will vote for this bill, but when it comes to the question of peace or war they'll be off. They only want to give us rope to get ourselves into difficulty. If empowered, Mr. Widgery said he could raise a company in New England himself, large enough to take Canada, and Congress need trouble their heads no more about it—but it never would be taken by such bills as that before the committee. Mr. Boyd made many judicious remarks on the impolicy and certain injury of war. The committee rose. Mr. Smilie said it was late and he and other gentlemen wished to speak, and moved that the house adjourn.—Carried. Tomorrow being New Year's day, and the President's levee, little will probably be done. The passage of the bill is probable.
UPPER CANADA.
GENERAL BROCK'S SPEECH.
YORK, February 4.
Yesterday at one o'clock, His Honor Isaac Brock, Esquire, President, administering the Government of Upper Canada, and Major General Commanding His Majesty's Forces therein, accompanied by a numerous suite, proceeded to the Government Buildings, and opened the present Session of the Legislature, when he, was pleased to deliver the following SPEECH to both Houses.
Hon. Gentlemen of the Legislative Council ;
And, Gentlemen of the Legislative Assembly :
I should derive the utmost satisfaction, the first time of my addressing you, were it permitted me to direct your attention solely to such objects as tended to promote the peace and prosperity of this Province.
The glorious contest in which the British Empire is engaged, and the vast sacrifice which Great Britain nobly offers to secure the independence of other Nations, might be expected to stifle every feeling of envy, and jealousy, and at the same time to excite the interest and command the admiration of a free People ; but regardless of such generous impressions, the American Government, evinces a disposition calculated to impede and divide her efforts.
England is not only interdicted the harbours of the United States, while they afford a shelter to the cruisers of her inveterate enemy, but she is likewise required to resign those maritime rights which she has so long exercised and enjoyed. Insulting threats are offered, and hostile preparations actually commenced ; and though not without hope that cool reflection, and the dictates of Justice may yet avert the calamities of war, I cannot under every view of the relative situation of the Province be too urgent in recommending to your early attention, the adoption of such measures, as will best secure the internal peace of the Country, and defeat every hostile aggression.
Principally composed of the sons of a Loyal and brave band of Veterans, the Militia, I am confident, stand in need of nothing but the necessary Legislative provisions, to direct their ardour in the acquirement of Military instruction, to form a most efficient force.
The growing prosperity of these Provinces, it is manifest begins to awaken a spirit of envy and ambition. The acknowledged importance of this Colony to the Parent State, will secure the continuance of her powerful protection. Her fostering care has been the first cause, under Providence, of the uninterrupted happiness you have so long enjoyed. Your industry has been liberally rewarded, and you have in consequence risen to opulence.
These interesting truths are not uttered to animate your patriotism, but to dispel any apprehension which you may have imbibed of the possibility of England forsaking you, for you must be sensible, that if once bereft of her support, if once deprived of the advantages which her commerce and the supply of her most essential wants give you, this Colony from its Geographical position, must inevitably sink into comparative poverty and insignificance.
But Heaven will look favorably on the manly exertions which the Loyal and virtuous inhabitants of this happy land are prepared to make, to avert such a dire calamity !
Our gracious Prince, who so gloriously upholds the dignity of the Empire, already appreciates your merit, and it will be your first care to establish, by the course of your actions, the just claim of the Country to the protection of His Royal Highness.
I cannot deny myself the satisfaction of announcing to you, from this place, the munificent intention of His Royal Highness, the Prince Regent, who has been graciously pleased to signify, that a grant of One Hundred Pounds per annum, will be proposed in the annual Estimate, for every future Missionary of the Gospel, sent from England, who may have faithfully discharged for the term of ten years, the duties of his station in this Province.
Gentlemen of the House of Assembly ;
I have no doubt, but that with me, you are convinced of the necessity of a regular system of Military instruction to the Militia of this Province ; on this salutary precaution, in the event of a War, our future safety will greatly depend, and I doubt not, but that you will cheerfully lend your aid, to enable me to defray the expense of carrying into effect, a measure so conducive to our security and defence.
I have ordered the Public Accounts to be laid before you, and have no doubt but that you will consider them with that attention which the nature of the subject may require.
Hon. Gentlemen of the Legislative Council ;
And Gentlemen of the House of Assembly :
I have without reserve, communicated to you, what has occurred to me, on the existing circumstances of this Province. We wish and hope for peace, but it is nevertheless our duty to be prepared for War.
The task imposed on you, on the present occasion, is arduous, this task however, I hope and trust, laying aside every consideration, but that of the Public Good, you will perform with that firmness, discretion, and promptitude, which a regard to yourselves, your families, your Country and your King call for at your hands.
As for myself, it shall be my utmost endeavor to cooperate with yon, in promoting such measures as may best contribute to the security and to the prosperity of this Province.
To His Honor ISAAC BROCK, Esquire, President administering the Government of the Province of Upper Canada, and Major General Commanding His Majesty s Forces therein, &c., &c., &c.
May it please your Honor,
We, His Majesty's most dutiful and Loyal subjects, the Commons of the Province of Upper Canada in Parliament assembled, beg leave to return you our sincere thanks for your most gracious Speech to both houses of the Legislature at the opening of the present Session ; also permit us, Sir, to congratulate you upon your appointment to the high station you fill, which we consider as a proof of the confidence and high estimation of His Royal Highness the Prince Regent, in your Honor's talents and experience at this portentous crisis.
We feel a deep sense of the satisfaction your Honor would derive from, having no other objects to direct our attention to, upon the first time of addressing us, but such as tended solely to promote the peace and prosperity of this Province.
With your Honor we should have expected that the glorious contest in which the British Empire is engaged, and the vast sacrifice Great Britain is making to secure the independence of other nations, would have stifled every feeling of envy and jealously, and would at the same time have excited the interest and called forth the plaudits and admiration of a free people ; but we view with astonishment that the Government of the United States, insensible to those impressions which beget a generous sympathy, evinces a disposition to impede and divide those efforts ; and by an infatuated partiality, England is not only interdicted the Harbours of the United States, while they afford shelter and supplies to the cruizers of her inveterate enemy, but she is likewise required to resign those maritime rights which she has so long exercised and enjoyed, and which the whole Naval power of Europe has not been able to effect.
We unite with your Honor in the hope, notwithstanding the insulting threats and hostile preparations of that Government, that cool reflections and the dictates of justice and sound policy may yet avert the calamities of war.
In conformity to the recommendation of your Honor, we shall pay early attention to the adoption of such measures as shall appear to us best calculated to secure the internal peace of the country and defeat every hostile aggression.
We feel highly gratified at the confidence you express to have in the ardour and efficiency of the Militia of this Province, and it shall become our immediate duty in our Legislative capacity, to devise the means for their acquiring needful military instruction, and trust they will, if occasion, should require, prove the Loyalty and Bravery of their Fathers have not degenerated.
While we express our regret that the growing prosperity of this Colony, and its increasing importance to our Parent state, should excite a spirit of envy and ambition ; we rejoice in the happy and peaceable enjoyment of the fruits of our industry, and gratefully acknowledge the fostering care and powerful protection of the Mother Country as the primary causes.
The assurance your Honor is pleased to give us, of England not forsaking us, demands our warmest acknowledgement, yet permit us to assure your Honor, though conscious of our dependence on her support and protection, and the mutual commercial advantages arising to both, We never could imbibe an apprehension of her abandoning us, and hope we require no incitements to animate our patriotism ; but relying on the justice of our cause, We fervently implore Heaven to look favourably on such exertions as we may be enabled to make to avert so dire a calamity from the inhabitants of this happy land.
Our most zealous endeavours shall be used to establish and ensure by the course of our actions, a continuance of the protection of our Gracious Prince, who so gloriously upholds the dignity of the Empire, and are truly grateful to His Royal Highness for the flattering appreciation of us which your Honor has been so good as to communicate.
We have to return you our unfeigned thanks for the satisfaction you feel in announcing to us the munificent intention of His Royal Highness the Prince Regent, who has been graciously pleased to signify that a grant of One Hundred Pounds per annum will be proposed in the annual estimate, for every future Missionary of the Gospel sent from England, who may have faithfully discharged, for the term of Ten Years, the duties of his station in this Province, which demands our unbounded gratitude, being a flattering proof, that this remote part, of the Empire participates the vigilance and solicitude of His Royal Highness for the general good, amidst the many weighty and important concerns which must at this crisis occupy His Royal Highness's attention.
We are perfectly convinced of the necessity of a regular system of military instruction to the Militia of this Province, and sensible how far, in the event of a war, our future safety depends on so salutary a precaution ; we shall cheerfully lend our aid towards defraying the expense of carrying the measure into effect.
When we receive the public accounts, we shall investigate them as usual, with the attention they require.
We thank your Honor for the frank unreserved manner in which you have communicated your sentiments on the existing circumstances of this Province, and concur with your Honor in the wish and hope for peace ; but nevertheless we conceive it to be our duty to be prepared for war, which often has been the means of averting it.
The task imposed on us at this crisis, we are aware is arduous ; but divesting our minds of every other consideration but that of the public good, and animated by a sense of duty, this task we shall endeavour to perform with that firmness, discretion and promptitude which a regard to our King, our Country, our Families and ourselves calls for at our hands.
We have the most perfect reliance in your Honor's utmost endeavour to co-operate with us in promoting such measures as may best contribute to the security and to the prosperity of this Province.
Commons House of Assembly,
Wednesday, 6th Feb., 1812.
(Signed,) SAMUEL STREET,
Speaker.
Attest,
(Signed,) DONALD McLEAN,
Clk. House of Assembly.
To His Honor ISAAC BROCK, Esq., President Administering the Government of the Province of Upper Canada, and Major-General Commanding His Blajestijs Forces in the said Province, &c., &c., &c.,
MAY IT PLEASE YOUR HONOR,
We, His Majesty's most dutiful and Loyal Subjects, the Legislative Council of Upper Canada in Provincial Parliament Assembled, do offer you our thanks for your Speech at the opening of this Session of the Legislature, and should have felt the greatest satisfaction, had it only been necessary for Your Honor, to have called forth our attention to objects of internal regulation and Government, without having occasion to recommend measures of defensive preparation.
“We admire the glorious efforts of Great Britain in the cause of liberty and of man, and that noble struggle which she still with success maintains to avert the yoke of servitude from surrounding nations ; while we lament that so great a cause should be counteracted by a people who boast that they are free, interdicting her ships from their harbours, and while affording shelter to her inveterate enemy, call upon her to surrender what she has ever held most valuable and sacred—her maritime rights.
But we are still not without hope that cool reflection and the dictates of justice will avert the calamities of war, while we see and feel the necessity pointed out by your Honor of adopting such measures as will best secure not only the internal prosperity of this country, but defeat every hostile aggression that may assail it.
We will most cordially unite with the other Branches of the Legislature in adopting such measures as may enable our militia, many of them descended from a loyal and brave band of Veterans, to exert with effect that loyality, zeal and courage which distinguished their fathers.
The gracious intentions of His Royal Highness the Prince Regent to this Province, we humbly and gratefully acknowledge.
Highly sensibly of the comforts and blessings which we possess, and anxious for the continuance of that happiness which we enjoy, we feel from the declaration of your Honor, satisfaction as well as confidence that you will co-operate with us in promoting such measures as may best contribute to the security and to the prosperity of this Province.
Legislative Council Chamber,
Wednesday, 5th February, 1812.
DANIEL TOMPKINS' SPEECH TO THE HOUSES OF LEGISLATION OF THE STATE OF NEW YORK.
Extract from the Speech of His Excellency DANIEL D. TOMPKINS, to both Houses of the Legislature of the Slate of New York, at the opening of the Session, January 28, 1812.
In my communication to the representatives of the people at their last meeting, I had the honor to revert to the then state of our foreign relations, and to note the accumulated injuries which had been inflicted upon us by the powers of Europe. I shall, therefore, forbear to repeat the disgusting detail, on the present occasion.
Nothing has occurred to alter our relative situation with France since the last session of the legislature. One item of complaint, however, has been expunged from the long catalogue of British wrongs, whilst fresh aggravations and insults have been substituted in its stead. The almost forgotten topic of an attack upon the frigate “ Chesapeake,” has been lately revived by an unexpected tender of reparation, which has met the acceptance of our national rulers.
An affront calculated to excite equal sensibility, is to be found in the late assault of the “ Little Belt” upon the frigate “ President,” mitigated to be sure, by the consoling reflection, that it was bravely and nobly chastised upon the spot.
Although accumulated evidence of the actual suspension of the operation of the obnoxious decrees of France, has been submitted to the British cabinet, we are still doomed to witness persistance in her orders in council, of which the edicts of Berlin and Milan were the pretended and ostensible basis, in defiance of a solemn stipulation to the contrary ; and to be the victims of an increased rigor in their execution, which has given the decisive and ultimate blow to our neutral commerce.
It would be painful to dwell upon every item of aggression and insult which swells the list of our grievances. The precise points of difference are stated, and luminously discussed in the documents which have recently been submitted to congress by the national executive. These are so universally and well understood, and the merited confidence in the wise and patriotic managers of our national concerns, has been so thoroughly confirmed, as to have produced an union of feeling and sentiment in the nation seldom before witnessed ; and it furnishes a source of conscious pride and satisfaction in every American bosom, to be convinced, that whatever may be our local and domestic differences, we shall be an united and formidable people, upon all questions which involve, our national existence and privileges, or which affect the vital principles of independence.
Experience has at length taught us the feeble reliance which is to be reposed on appeals to the veracity, the magnanimity or the justice of monarchs, and has dissipated every remaining gleam of hope that our rights will be suitably respected. The consequent unanimity and spirit which inspire the nation, and which have dictated the late measures of Congress, shew a determination to enforce respect for our rights and sovereignty at every hazard.
It therefore behoves the state of New York to clothe herself in armour, and to stand prepared for the approaching contest. The security of her valuable and exposed maritime frontier on the south, and the protection of her inhabitants upon the extensive borders of the north and west, challenge our anxious solicitude and united services.
LOWER CANADA.
SIR GEORGE PREVOST'S SPEECH ON TUE OPENING OF PARLIAMENT,
FEBRUARY 21ST, 1812.
“ Notwithstanding the astonishing changes that mark the age in which we live, the Inhabitants of this portion of the Empire have witnessed but as remote spectators, the awful scenes which desolate Europe ; and while Britain, “built by nature for herself, against infection and the hand of war,” has had her political existence involved in the fate of the surrounding Nations, you have, hitherto undisturbed, in the habitations of your Fathers, viewed without alarm, the distant storm, which now seems bending its course towards this peaceful and happy region.
“Should the unfriendly disposition of the Government of the United States, continue unchanged, by the wise measures and magnanimous conduct of the Prince Regent, it will require no ordinary exercise of loyalty to withstand its effects, and no common energy in the discharge of the important duties we shall be called upon to perform.
“Viewing these circumstances, I recommend an increased and unremitting care and vigilance in securing the Colony from either open invasion or insidious aggression. And I hope the Provincial Parliament will testify the loyal disposition by which it is animated, in its early attention to those Acts which experience has proved to be essential for the preservation of His Majesty's Government as by Law happily established in this Colony, and also by its readiness in supplying His Majesty with such aid as shall be suited to the exigencies of the times, by enabling his loyal Canadian Subjects to assist in repelling any sudden attack made by a tumultuary force, and effectually to participate in the defence of their country, against a regular invasion at any future period.”
ANSWER TO THE FOREGOING BY LEGISLATIVE COUNCIL.
We have the fullest conviction that by the Prince Regent on the behalf of His Majesty, every wise and proper measure will be pursued to terminate amicably the differences which now subsist between His Majesty and the Government of the United States of America, but as the unfriendly disposition of that Government may remain unchanged, and the measures of His Royal Highness may fail to accomplish their object, we think it our bounden duty to assure your Excellency, that although the failure of such measures must necessarily call for great sacrifices on our part, and must extensively affect the interests of the Province ; yet that the blessings of peace, however important to us, arc not desirable, if they cannot be preserved to us consistently with the rights, the honor, the safety, and the dignity of His Majesty's Crown. Your Excellency therefore may rely upon an increased and unremitted care and vigilance on our part, in securing the colony from either open invasion or insidious aggression; upon an early attention to those acts which experience has proved to be essential for the preservation of His Majesty's Government, and to every measure which can tend to enable His Majesty's Loyal Canadian subjects to assist in repelling any sudden attack which may be made by a tumultuary force ; and effectually to participate in the defence of their country against a regular invasion at any future period.
Your Excellency's recommendation of such steps as shall tend to the amelioration of the internal communications throughout the province ; to the increase of commerce and the encouragement of agriculture, cannot fail to animate our endeavours to promote these important objects.
ANSWER BY THE COMMONS.
Should the wise measures and magnanimous conduct of the Prince Regent, fail to operate a change in the unfriendly disposition and hostile character of the Government of the United States, sensible as we are that it will require no common energy to withstand their effects and perform the important duties which will develope upon us, we confidently assure your Excellency, that in the loyalty, unanimity and zeal of His Majesty's Canadian subjects, you will find resources, under the protection of Divine Providence, fully adequate to the crisis.
We beseech your Excellency to be persuaded, that viewing these circumstances, we will use our utmost care and vigilance in securing the Colony from open invasion or insidious aggression ; we will give our attention to those acts which your Excellency regards as essential to the preservation of His Majesty's Government, as by law happily established in this Colony notwithstanding the repugnance we might feel from an improper use of one of them, and the bad effects which might have resulted therefrom, to his Majesty's Government, had it not been for the unshaken fidelity of His Majesty's Loyal Canadian subjects, and their conviction of the goodness of His Majesty's Government, and the transient inconveniences which, from the common fate of human things, are inevitable. “We can however assure your Excellency, that the confidence we place in your Excellency, diminishes considerably our fears of the use which might hereafter be made of this Act. And your Excellency may be persuaded, we shall regard it as a most fortunate opportunity, to manifest our attachment to His Majesty's Government, and our gratitude for the benefits we have experienced by granting to His Majesty such supplies as may be suited to the exigencies of the times, and as will enable His Loyal Canadian subjects, to show their zeal for His Majesty, in repelling any sudden attack made by a tumultuary force, and effectually to participate in the defence of their country, against a regular invasion at any future period.
The amelioration of the internal communications throughout the Province, the increase of commerce, and the encouragement of agriculture, shall also meet our early and serious attention ; and we shall endeavour to adopt such measures as will convince the inhabitants of every part of the Province of our solicitude and that of the Government, for their comfort and welfare.
The statement of the Provincial revenue of the Crown, and of the expenditure for the last twelve months, shall be duly attended to ; and your Excellency may rely on such liberal supplies as may be found requisite to meet the pressure of the times, and those services connected with the security of the Province.
The splendid political and exalted moral virtues exercised by our fellow subjects in Great Britain, and which have firmly secured the Empire against the machinations of our implacable foe, cannot but increase our disposition to follow their example, by displaying our zeal and umanimity in supporting and strengthening of His Majesty's Government at this eventful period, for the preservation of that most excellent form of government conferred on us by a great, a free, and an enlightened people.
The circumstances of the times imperiously call upon us to express to your Excellency, our readiness and that of our constitutents, to meet whatever events may arise out of them, without fear of the result ; and though we deprecate war with our neighbors, as an evil to be avoided, if practicable, with due regard to the honor and interest of the mother country ; yet, on no other terms, have we the most distant wish that an accommodation should take place.
To which His Excellency was pleased to make the following reply :—
Gentlemen of the House of Assembly :
I return you my thanks for this loyal address. Your expressions of attachment to His Majesty's person and government, of gratitude to His Royal Highness the Prince Regent, and of zeal for the public service, afford me the best hopes, that nothing will be wanting on your part, to co-operate in those measures which I shall deem necessary for the safety of this province, and in my endeavours to secure the continuance of the peace and tranquility of its inhabitants.
I feel obliged to you for the assurance you have given me, of your attention to those acts which I have considered to be essential for the preservation of His Majesty's government, as by law happily established in this Colony ; at the same time, I cannot but regret, that on this occasion, you should have thought it expedient to advert to any proceedings which have taken place under any one of those Acts ; and I earnestly recommend to you, as the most effectual means of ensuring tranquility to the Province, and of evincing your zeal for the Public Good, to direct your attention solely to the present situation of Affairs ; and I shall hope and expect from you, so much of your confidence as shall give firmness and effect to the legal administration of the Government, and thereby enable me to promote the Welfare and Prosperity of this Country, and to maintain entire the Rights, the Honor, and Dignity of His Majesty's Crown.
PRINCE REGENT'S SPEECH.
HOUSE OF LORDS; JANUARY 1, 1812, PARAGRAPH REFERRING TO THE
DIFFERENCES WITH THE UNITED STATES.
“We are commanded by the Prince Regent to acquaint you that while His Royal Highness regrets that various important subjects of difference with the United States of America still remain unadjusted, the difficulties which the affair of the “ Chesapeake” frigate occasioned, have been finally removed ; and we are directed to assure you, that in the future progress of the discussion with the United States, the Prince Regent will continue to employ such means of conciliation as may be consistent with the dignity and honor of His Majesty's crown, and with the due maintainance of the maritime and commercial rights and interests of the British empire.”
UNITED STATES HOUSE OF REPRESENTATIVES PREPARATIONS FOR WAR.
TUESDAY, Feb. 25, 1812.—The engrossed bill, authorizing a loan of Eleven Millions of dollars, was read a third time, and passed—92 to 29.
CONGRESS.—On the 27th the House of Representatives was engaged in discussing the subject of Internal Taxes. The second and third resolutions were passed.
On the 28th, a report from the Secretary of the Treasury was read, containing a statement of Custom House duties.
The subject of Internal Taxes was again called up. The resolution in favor of taxing Salt was rejected, 57 to 60
The Whisky Tax resolution came next ; but after some debate the House adjourned till Monday.
All the Resolutions reported to the House of Representatives of the United States, by the Committee of “Ways and Means” have been agreed to in Committee of the whole by various majorities.
The President of the United States has approved and signed the act authorizing the President to accept and organize a Volunteer Artillery Force. The bill has of course become a law.
It is understood that a long list of Officers, nominated for the Additional Army, has been transmitted by the , President of the United States to the Senate, for their concurrence.—N. Int.
From Washington, Feb. 24, 1812.
“ Mr. Wright, has reported a bill for the protection of American seamen. It has all the angry features of this gentleman's former reports on the subject of impressment. The arming Militia Bill has passed. A stand of arms is to be given to every citizen soldier, on arriving at the age of 18. ONE HUNDRED THOUSAND DOLLARS HAS BEEN VOTED THE PRESIDENT FOR SECRET SERVICES. The Blank in the loan bill has been filled up with ELEVEN MILLIONS—reimbursable not before Jan. 1, 1825."
Extract of a letter from Washington, dated Feb. 25th, to a gentleman in this town.
“ The following nominations were this day made by the President to the Senate—Officers in the new army :— Messrs. Jno. L. Tuttle, (of the Senate) Lieut.-Col. of infantry ; Eleazer W. Depley, (speaker of the House of Representatives), do. ; Joseph Loring. jun., Major ; Alex. S. Brooks, Capt. Artillery ; Samuel Neye, do. Horse ; W. Watson, 1st Lieut. Infantry ; Sam. D. Harris, Capt. 1st. Drag. ; A. Wheelock, 1st. Lieut. ; John Roulstone, 2nd. do. ; Thomas Aspinwall, Major; John H. Henshaw, Capt. Infantry.”
Governor Harrison's Victory.
Extract of a letter from the Governor of Louisiana, dated St. Louis, January 12, 1812.
“ I have just received despatches from Fort Madison, informing me that the Winebago Indians have done much mischief above the garrison. Those Indians are supposed to have been in the late action. I expect hot work in the spring, and shall endeavour to be ready for it. 'Tis vain to suppose our difficulties are over; the belief that they have but just commenced, is much more rational.”
THE STORY OE JOHN HENRY.
WASHINGTON, March 9,1812.
HOUSE OF REPRESENTATIVES.
The following message was received from the President of the United States :—
To the Senate and House of Representatives of the United States :
I lay before Congress copies of certain documents which remain in the department of State. They prove that at a recent period, whilst the United States, notwithstanding the wrongs sustained by them, ceased not to observe the laws of peace and neutrality towards Great Britain, and in the midst of amicable professions and negociations on the part of the British government through her public minister here, a secret agent of that government was employed in certain states more especially at the seat of Government in Massachusetts, in fomenting disaffection to the constituted authorities of the nation, and in intriguing with the disaffected, for the purpose of bringing about resistance to the laws, and eventually, in concert with a British force, of destroying the union, and forming the Eastern part thereof into a political connexion with Great Britain.
In addition to the effect which the discovery of such a procedure ought to have on the public councils, it will not fail to render more dear to the hearts of all good citizens, that happy union of these states, which, under Divine Providence, is the guarantee of their liberties, their safety, their tranquility and prosperity.
JAMES MADISON.
FEBRUARY 20th, 1812.
John Henry informs the Secretary of State, that he was in Montreal in the winter of 1809, and became an agent and spy for Sir James Craig, then Governor of Canada, to reside in the eastern states, and render accounts to the Governor, of the situation of public affairs, proceedings of legislative and other bodies, strength and plans of parties, prospects, &c, and, as some expectation had been entertained that on account of the ruinous operation of the embargo laws, if they were not discontinued, a separation of the Union might take place, he was to ascertain whether such a plan was likely to succeed, and authorized, if thought necessary, to promise the support of the British. Hence a cypher was agreed upon ; Henry departed ; wrote letters from Vermont and part of Newhampshire, on his way to Boston in February and March, but mostly from Boston in March, April and May. For his services he had been promised remuneration, and had sought it in vain of Sir James ; he has since sought it of the British ministry, who would neither give him the office of Judge Advocate of Lower Canada, worth five hundred pounds sterling per annum, nor a consulate ; he is, therefore, free from any obligations, and for the good of this country, unfolds all his own and their iniquity.
First comes a letter from H. W. Ryland, Secretary to Craig, making offers to Henry, proposing a cypher, &c., dated January 26, 1809. He accepts. A letter from Ryland to Craig, dated February, 6, unfolds the cypher ; tells him to go to Boston ; find out the leading characters ; the strength of parties ; ascertain whether the federalists, depressed and oppressed by the embargo, think of separation ; and how far, if at all, they wish the aid of Great Britain. A credential is enclosed, to be used only if found very necessary.
A letter of Henry's in reply, shows his readiness to serve the British interest and proceed on his mission. Montreal, February 2. Henry says he has learned the cypher, though not completely. A letter from Vermont says, the people there consider the embargo unnecessary, oppressive and unconstitutional ; talks of making Vermont an ally.
A letter from “Windsor, Feb. 18, says, half of Vermont will not join in any opposition to government; and there is no man fit to take the lead in case of civil commotion.
A letter from Amherst, N. H, Feb. 23, says he chooses to send by private conveyance whenever practicable, because democratic Post Masters will all break a seal as quick as their word, and there is no trusting them ; the administration love popularity, and will do anything however mean or unjust, to maintain it ; scolds about democracy.
BOSTON, March 5.—A large party here attached to France. The embargo he thinks will be taken off, and a non-intercourse succeed—speculations on the subject.
BOSTON, March 17.—Thinks a Northern Confederacy quite feasible, an alliance the consequence ; but the leading federalists do not entertain an idea of withdrawing, if it can possibly be avoided. The common people love the Constitution, though they hate the embargo and would not repudiate the constitution, tho' they suffer just now under it, or under the administration of it. The distinguished federalists will do nothing for a separation ; they have great integrity of intention.
March 9th and 18th,—Unimportant speculations should a non-intercourse take place.—Not necessary for Great Britain to make concessions.
March 29th.—New Hampshire has elected a federal governor—Connecticut needs no change—[a laugh]—of no consequence who is governor of Rhode Island, as he is merely the president of the council. The administration wish a war with England, but can do nothing without the aid of the Northern States, the bone and muscle of the whole Union.
April 18.—The Northern States will do nothing for us towards separation. April 26.—Speculations on Erskine's arrangement. May 5.—Madison will not be supported by his party if he conducts honorably towards England. May 17.—Opinion, resulting from the New York election.
Here Henry leaves Boston and goes to Montreal, being told by Ryland, (Craig's secretary,) that he is no longer wanted there. At Montreal he gives more opinions and advice. In one of Ryland's letters to Henry, he says : “ I am really out of spirits at the idea of Old England truckling to such a debased and accursed government as that of the United States.”
It appears Henry could not obtain pay for the vast services he rendered; and we have, dated June 18th, 1811, his memorial to Lord Liverpool, complaining and begging an office ; Lord Liverpool's secretary replied, that Governor Craig said nothing about his being recompensed in England.
Other letters till November, 1811, but Henry gets no office. HINC LACHRIMAE, and hence his patriotism towards THIS country, and his exposure of the whole to our government.
“When the reading was finished (which lasted about an hour and a half) a motion was made to print the message and documents.
Mr. Pitkin had no objection to the printing, but they were calculated to cast an unjust odium on a part of the country. Nobody, that he had any knowledge of, ever heard of the man before, or of any such project. The letters were a libel on the government, on federalists, on democrats, on every body but himself, and himself he had proved a traitor. He would not consent to take a character from such a man.
Mr. Bibb thought an enquiry ought to be instituted ; though he had no belief that the federalists had ever thought of joining the British for any such purpose. He would refer the documents to the committee of foreign relations.
Mr. Widgery said, among other remarks—the old gunner knows by its fluttering when he has wounded a pidgeon —all coincides with my knowledge of some men and precedings about that time. I would enquire. Are we to shet ourselves up from enquiry—I believe as much in the truth of them documents, Mr. Speaker, as that you are in that chair.
Mr. Gholson said, if any evidence, it was highly honorable to the Eastern section of the union, for he says, not one could be found to meddle in the project. But it demonstrates a scheme to dismember the union.
Mr. Quincy was thankful, if there is now or ever has been an idea in Great Britain that there is a British party in America, that the contrary is proved.
Mr. Wright was of opinion that the publication would be calculated to disgust the Northern section of the Union. He had no belief of the federal party's having ever entertained a wish to join the British. He would refer them to the committee of Foreign Relations.
Mr. Troup. They are important as they prove by this acknowledged traitor and spy that such a plan has been agitated. A short time since the British Minister here denied that Sir James Craig induced the Indians to acts of hostility. Yet we see what Sir James can do.
Mr. Seybert moved to print 5000 copies. Mr. Rhea having before moved for 1000.
Mr. Randolph would print them; it would be impossible to keep them from the public, and if their printing should not be authorised, mutilated parts would go to the world like the mutilated accounts of the proceedings of Congress. If worthy of communication to the house they were worthy of being acted upon. He would refer them to the committee of Foreign Relations, with power to send for persons, papers and effects. He would decide at once, and not omit till another day, lest the man should run away. Though branded as a traitor and spy by all parts of the house, perhaps some valuable testimony may be obtained from him.
Mr. Fisk said he knew Henry. He would not abscond. He Was an Englishman by birth, but had long resided in this country ; married in Philadelphia ; was an officer in John Adams' army. Knew not that he was more dishonorable than Jackson at Copenhagen. What did Erskine declare about the same time ; declarations are now made in Parliament how much the interest of both countries is united. Not a new project this of separation—openly talked about before ; would refer the gentleman (Mr. Quincy,) to two numbers in the Boston Centinel in April, 1795, advising a separation, if the British treaty should not be adopted.
The debate continued till 4 o'clock, when it was unanimously voted to print the documents, and unanimously voted to refer them to the committee of foreign relations. The yeas and nays were taken on authorizing the Committee to send for persons, papers and effects ; the yeas were 04, noes, 10. Noes:—Alston, Bard, Boyd, Fisk, Hyneman, Macon (if heard correctly) Roberts, Seaver, Smilie, Troup.
On the motion for printing 5000, the vote was not quite unanimous.
The committee of foreign relations were all together, immediately after the house rose, probably they will make enquiry of Mr. Monroe, and perhaps send immediately for Henry.
The house adjourned at 4 o'clock.
Mr. Lloyd, in Senate, offered a resolution calling on the Secretary of State for the names of all concerned ; as many names are scratched out.—Ev. Post.
From Washington, March 10, 1812.
It is said this morning that Mr. Monroe appeared before the committee of Foreign Relations, and stated that it was stipulated with Henry that ho was not to be further interrogated, with respect to persons or other particulars. It is also said that he has sailed from New York for France ; and that he declared that he would on no consideration whatever, expose the name of any person with whom he had to do in his mission. You will soon probably know a little more of the matter, and how very cunning our administration is in electioneering.—Alb. Gaz,
From the New York Evening Post, March 13.
POSTSCRIPT.—The southern mail did not arrive this day until after one o'clock. From an attentive friend we have received the National Intelligencer containing the documents accompanying the President's late message; but on account of their great length, occupying twelve columns in the Intelligencer, we cannot insert the whole this evening. Our correspondent's letter and part of the documents follow—they will be continued to-morrow.
FROM OUR CORRESPONDENT.
Washington, House of Representatives, Tuesday, March 10.
Tho' not much business of public importance has been done in the house to-day, there has been not a little conversation on the comical communication of the President yesterday. The friends of the administration yesterday tried to make something serious of it, and to justify the President in sending it to the house, but on more maturely considering the subject to-day, I imagine there are not many of them who do not wish he had been prudent enough not to have resorted to so pitiful a project for electioneering purposes. Another edition of a letter to General Stark would have answered a better purpose.
It was confidently declared and generally believed, a week ago, that the Wasp was shortly to sail for Europe. This was plumply denied by the Secretary of the Navy to several persons. This morning we were told that when Mr. Monroe was called before the committee of foreign relations last evening, and asked where Henry was, Mr. Monroe answered that the government, [i.e. Monroe, Madison, &c.,] were pledged not to pursue or molest Henry, and that he supposed he was now about ready to sail to France in the Wasp. Certain it is he said government had agreed not to call upon him, and probably you can ascertain whether the Wasp is bound to France or not.
Henry was not to be molested. Perhaps Mr, Madison may have given him six or eight thousand of the $100,000 secret service money lately voted him, and safely convey him to France into the bargain. Where else can he go ? Here the wretch could not stay, and in England he would not be safe. Thus to deliberately damn himself forever was a great sacrifice—“ to produce union in the United States”—and he must have had his price. Conjectures are various. Some suppose ten, others think $20,000 would not be too much. Perhaps we shall never know, unless Mr. Colvin had a hand in the pye, and should hereafter quarrel with brother Monroe or Madison, as Smith did, and disclose the whole truth.
You ought to give the documents an attentive perusal, and judge for yourself how much is forgery, or whether any or all.
The Senate have passed, 24 to 9, Mr. Lloyd's resolution on Monroe for the name of the “ separatists” mentioned by Henry. There are none nor can the Secretary comply.
No. I.
Mr. Ryland, Secretary to Sir James Craig, late Governor General of the British provinces in North America, to Mr. Henry.
Application to undertake the mission to the United States.
[Most secret and confidential.]
Quebec, 20th January, 1809.
My DEAR SIR,—The extraordinary situation of things at this time in the neighboring States has suggested to the Governor-in-Chief, the idea of employing you on a secret and confidential mission to Boston, provided an arrangement can be made to meet the important end in, view, without throwing an absolute obstacle in the way of your professional pursuits. The information and political observations heretofore received from you were transmitted by his Excellency to the Secretary of State, who has expressed his particular approbation of them, and there is no doubt that your able execution of such a mission as I have above suggested, would give you a claim not only on the Governor General, but on His Majesty's ministers, which might eventually contribute to your advantage. You will have the goodness therefore to acquaint me for his Excellency's information, whether you could make it convenient to engage in a mission of this nature, and what pecuniary assistance would be requisite to enable you to undertake it without injury to yourself.
At present it is only necessary for me to add, that the Governor would furnish you with a cypher for carrying on your correspondence, and that in case the leading party in any of the states wished to open a communication with this government, their views might be communicated through you.
I am, with great truth and regard, my dear sir, your most faithful, humble servant,
(Signed,) HERMAN W. RYLAND.
John Henry, Esq.
No. II.
General instructions from Sir J. H. Craig, to Mr. Henry respecting his secret mission.
His Excellency the Governor-in-Chiefs instructions to Mr, Henry, February, 1809.
[Most secret and confidential.]
QUEBEC, 6th February, 1809.
SIR,—As you have so readily undertaken the service which I have suggested to you, as being likely to be attended with much benefit to the public interests, I am to request that with your earliest convenience you will proceed to Boston.
The principal object that I recommend to your attention is the endeavour to obtain the most accurate information of the true state of affairs in that Union, which, from its wealth, the number of its inhabitants, and the known intelligence and ability of several of its leading men, must naturally possess a very considerable influence over, and will indeed probably lead the other Eastern States of America in the part that they may take at this important crisis.
I shall not pretend to point out to you the mode by which you will be most likely to obtain this important information. Your own judgment and the connexions which you may have in the town must be your guide.
I think it however necessary to put you on your guard against the sanguineness of an aspiring party ; the federalists as I understand have at all times discovered a leaning to this disposition, and there being under its particular influence at this moment is the more to be expected from their having no ill founded ground for their hopes of being nearer the attainment of object than they have been for some years past.
In the general terms which I have made use of in describing the object which I recommend to your attention, it is scarcely necessary that I should observe, I include the state of the public opinion both with regard to their internal politics and to the probability of a war with England ; the comparative strength of the two great parties into which the country is divided, and the views and designs of that which may ultimately prevail.
It has been supposed that if the Federalists of the Eastern States should be successful in obtaining that decided influence, which may enable them to direct the public opinion, it is not improbable, that rather than submit to a continuance of the difficulties and distress to which they are now subject, they will exert that influence to bring about a separation from the general Union. The earliest information on this subject may be of great consequence to our government, as it may also be, that it should be informed how far in such an event they would look up to England for assistance or be disposed to enter into a connection with us.
Although it would be highly inexpedient that you should in any manner appear as an avowed agent, yet if you could contrive to obtain an intimacy with any of the leading party, it may not be improper that you should insinuate, though with great caution, that if they should wish to enter into any communication with our government through me, you are authorized to receive any such, and will safely transmit it to me, and as it may not be impossible that they should require some document by which they may be assured, that you are really in the situation in which you represent yourself, I enclose a credential to be produced in that view ; but I most particularly enjoin and direct, that you do not make any use of this paper, unless a desire to that purpose should be expressed, and you see good ground for expecting that the doing so may lead to a more confidential communication, than you can otherwise look for.
In passing through the state of Vermont, you will of course exert your endeavors to procure all the information that the short stay you will probably make there will admit of. You will use your own discretion as to delaying your journey, with this view, more or less, in proportion to your prospects of obtaining any information of consequence.
I request to hear from you as frequently as possible, and as letters directed to me might excite suspicion, it may be as well that you put them under cover to Mr.—, and as even the addressing letters always to the same person might attract notice, I recommend you sometimes address your packet to the Chief Justice here, or occasionally though seldom to Mr. Ryland, but never with the addition of his official description.
I am, Sir, your most obedient humble Servant.
(Signed,) J. H. CEAIG.
John Henry, Esq.
No. III.
Credentials from Sir James Craig, to Mr. Henry, 6th February, 1809.
(Copy) (Seal)
The bearer Mr. John Henry, is employed by me, and full confidence may be placed in him, or any communication which any person may wish to make to me in the business committed to him. In faith of Which I have given this under my hand and seal at Quebec, the 6th day of Feb , 1809.
(Signed,) J. II. CRAIG.
THE EMBARGO.
“An Embargo.—Both Houses of Congress yesterday sat with closed doors, on a message from the President recommending (as it is reported) a temporary EMBARGO (for 90 days from 4th April, 1812.) The policy of such a measure is obvious, since, if there were no other motive for it, the news just received from England affords a sufficient one.” —[Nat. Int.]
NEW YORK, April 7, 1812.
By the Southern Mail this morning we received the following Embargo Law.
The injunction of secrecy in relation to a part of the proceedings of Congress having been this day removed, it appears that in the course of the secret sitting the following act was passed :
AN ACT
Laying an Embargo on all the ships and vessels in the ports and harbors of the United States, for a limited time.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That an Embargo be and hereby is laid for the term of ninety days from and after the passing of this act, on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place, and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels in ballast, with the consent of the President of the United States ; and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenues cutters of the United States, as shall appear best adapted for carrying the same into full effect ; Provided, That nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with goods, wares and merchandize on board of such foreign ship or vessel, when notified of this act.
Sec. 2. And be it further enacted, That during the continuance of this act, no registered or sea-letter vessel shall be allowed to depart from any one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel shall first give bond, with one or more sureties, to the collector of the district, from which she is bound to depart, in a sum of double the value of the vessel and cargo, conditioned that the goods, wares and merchandize with which she shall be laden shall be re-landed in some port of the United States.
Sec. 3. And be it further enacted, That if any ship or vessel shall, during the continuance of this act, depart from any port of the United States without a clearance or permit, or if any ship or vessel shall, contrary to the provisions of this act, proceed to a foreign port or place, or trade with or put on board of any other ship or vessel any goods, wares or merchandize, of foreign or domestic growth or manufacture, such ships or vessels, goods, wares and merchandize, shall be wholly forfeited, and if the same shall not be seized, the owner or owners, agent, freighter, or factors, of any ship or vessel, shall for every such offence forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never hereafter be allowed a credit for duties on any goods, wares or merchandize imported by him or them into any of the ports of the United States, and the master or commander of such ship or vessel, as well as all other persons who shall knowingly be concerned in such prohibited foreign voyage, shall each respectively forfeit and pay a sum not exceeding twenty thousand, nor less than one thousand dollars, for every such offence, whether the vessel be seized and condemned or not, and the oath or affirmation of any master or commander, knowingly offending against the provisions of this section, shall ever thereafter be inadmissable before any collector of the customs of the United States.
Sec. 4. And be it further enacted, That all penalties and forfeitures arising under, or incurred by virtue of this act, may be sued for, prosecuted and recovered, with costs of suit, by action of debt, in the name of the United States of America, or by indictment or information in any court having competent jurisdiction to try the same ; and shall be distributed and accounted for in the manner prescribed by the act, intituled : “ an act to regulate the collection of duties on imports and tonnage,” passed the second day of March, one thousand seven hundred and ninety-nine, and such penalties may be examined, mitigated or remitted, in like manner, and under like conditions, regulations and restrictions, as are prescribed, authorised and directed by the act, intituled “ an act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned,” passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred, provided, that all penalties and forfeitures, which shall have boon incurred by virtue of this act, previous to the expiration thereof, may and shall thereafter be recovered and distributed in like manner, as if this act had continued in full force and virtue.
H. CLAY,
Speaker of the House of Representatives.
WM. H. CRAWFORD,
President of the Senate pro tempore.
JAMES MADISON.
April, 4, 1812.
APPROVED.
AMERICAN WAR PARAGRAPHS.
From the National Intelligencer, Government Paper.
That an important crisis has arrived in the United States is seen by every one, that it has been unavoidable is equally certain ; and that it may be made to terminate with honor and advantage to a Republican government, cannot admit of a doubt. We draw this conclusion from a firm belief that our councils will be wisely and honestly administered in every branch of the government, and that the people still possess those virtues and energies which were so eminently displayed in our Revolution.
The Embargo now laid is a measure whose true character cannot be mistaken. It is not war, nor does it inevitably lead to war. But if that result is avoided, however much to be regretted, it is evident it can be only by an honorable accommodation with the belligerents, on the various and grievous wrongs which this country has received from them.
Among the advantages to be derived from this measure are the following : It secures from pillage the vessels that are now in port ; it warns the commanders of those who are abroad, to return home for safety ; and it gives notice to foreign powers, that the period has arrived, when the manifold wrongs we have received from them must be redressed. ( It would be dishonorable, and might be ruinous, if, without a redress of our wrongs, war did not promptly follow the expiration of the Embargo. No other alternative is left to our choice. Every other expedient has been tried, and failed. A new and more solemn position is now taken, which must be maintained. We cannot retrace our steps and abandon perhaps forever, our most important rights. Nor can we rest longer at the point at which we now pause. We must, without a redress of wrongs, advance, and war is the next step. It would be folly in the extreme to attempt to disguise from ourselves the true character of the present embargo. It is not an engine to be wielded in negotiation. From the privations to which it may expose the belligerents nothing ought to be expected. If relied on in that sense only, it is known that it would fail. It is a measure of precaution, intended principally as a warning to our own people, of the nature of the crisis which has arrived, and of the consequences into which it may lead. If it produces any salutary effect with the belligerents, or with cither, it must be by announcing to them, that the United States, disdaining longer to submit to dishonor, have resolved to accept the other alternative which they, by so many acts of injustice, have forced on them.
Great Britain took the lead in the career of violence and injustice. Every stage of the present war has been marked by some act which evinced the distinguished hostility of her government to this country. She has impressed our seamen from on board our own vessels, and held them in long and oppressive bondage. She has intercepted our lawful trade with nations with whom we were at peace. She has violated our jurisdiction ; insulted us on our coast and in our harbors, and finally usurped the absolute dominion of the sea, forbidding our commerce with all nations with whom it does not suit her to allow it, and allowing it to none with whom she is not herself permitted to trade. She has even set up the extravagant and unheard of pretension that we should become the fraudulent vehicles of her commerce, the carriers of her manufactures to the ports of her enemies, as the condition on which we should trade there at all. Had we submitted to these oppressions, we should have sunk into a more degraded state than that of her colonies. Deprived of the profits which belong to dependent possessions, our sovereignty would have served only to expose in a more striking light our humiliation and weakness.
France has exhibited, in her conduct towards neutral powers, the counterpart to this disgusting picture ; she has been emulous, in misdeeds, of the renown of her great political compeer. If she has done less harm at sea, it was because her means were inferior to those of her rival. She declared the British Islands and all the British dominions in a state of Blockade, when she had not a single ship on the ocean ; and whenever her crusiers could escape from her ports, their course has been marked with the desolation of our unprotected commerce. But for the want of power on the ocean, and the failure of that full measure of waste of neutral trade which has characterized the conduct of Great Britain on that element, France has supplied the deficiency by her deeds on land. By her Rambouillet, her Bayonne and other decrees, she has seized and confiscated all the vessels of the United States and their cargoes that were in port. Nor has her desolating policy been confined to the limits of France only. It has been felt wherever her influence extended. Of this truth, Spain, Holland, Italy, &c., afford but too many examples.
If we look back to past events, we must be sensible that this crisis has been unavoidable. We should be blind to the evidence of the most striking and important facts, if we did not perceive and acknowledge this great truth. It has been forced on us by the wrongs of the belligerents. It has been forced on us by the voice of the whole American people, who, deeply, incensed at these wrongs, have called on their government for redress. “When it is considered, that the sole alternative presented to us, has been, between a base submission to these wrongs, and a manly assertion of their rights, there is much cause for surprise that this issue was not sooner made up.
From the National Intelligencer, April 14.
The public attention has been drawn to the approaching arrival of the “Hornet,” as the period when the measures of our government would take a decisive character, or rather their final cast. We are among those who have attached to this event a high degree of importance, and have therefore looked to it with the utmost solicitude.
But if the reports which we now hear are true, that with England all hope of honourable accommodation is at an end, and that with France our negociations are in a forwardness encouraging expectations of a favourable result, where is the motive for longer delay ? The final step ought to be taken ; and that step is WAR. By what course of measures we have reached the present crisis, is not now a question for freemen and patriots to discuss. It exists ; and it is by open and manly war only that we can get through it with honour and advantage to the country. Our wrongs have been great—our cause is just—and if we are decided and firm, success is inevitable.
Let war therefore be forthwith proclaimed against England. “With her there can be no motive for delay. Any further discussion, any new attempt at negociation, would be as fruithless as it would be dishonourable. With France we shall still be at liberty to pursue the course which circumstances may require. The advance she has already made by the repeal of her decrees ; the manner of its reception by our government and the prospect which exists of an amicable accommodation, entitle her to this preference. If she acquits herself to the just claims of the United States, we shall have good cause to applaud our conduct in it, and if she fails, we shall always be in time to place her on the ground of her adversary. And on that ground, in that event, it is hoped she will be placed.
The accounts from Washington continue systematically contradictory—one day breathing War, the next all attuned to Peace. In the meantime, something like notes of preparation are sounded. The Intelligencer says, Gen. Dearborn has proceeded to Albany to act as General in Chief of the “ army of the north.” Gen. Hull is on his way to take command of the “ army of the West,” and to fix his headquarters at Niagara; and Gen Wilkinson with the “army of
the South,” is to be stationed on the Mississippi. The devil is in it if this does not look like War, or something else.
“ In the Debate on the Embargo Law No. 1, Mr. Randolph said, it will appear that the embargo is not preparatory to war, that is to say, it was not necessarily so, and of course not of the character which the speaker has considered it. From his minutes (among other acts) it appeared that Mr. Monroe said to the committee, that the President thought that we ought to declare war before we adjourn, unless Great Britain recedes, of which there is no prospect. Mr. Monroe was asked by some of the committee whether the President would recommend it by message, he answered that he would, if he could be assured it would be acceptable to the house. He also said, Mr. Barlow had been instructed to represent to the French government our sense of the injuries received, and to press upon them our demands for reparation—that if she refused us justice, the embargo would leave the policy as respects France, and indeed of both countries, in our hands. He was asked if any essential alterations would be made within 60 days, in defence of our maritime frontier or seaports ? Mr. M. answered that pretty considerable preparations would be made. He said New York was in a pretty respectable state
of defence, but not such as to resist a formidable fleet—but, that it was not to lie expected that such kind of war would be carried on. It was replied that we must expect what commonly happens in wars. Mr. M. said, that although a great distress and injury might take place in one part of the union it would not essentially affect the population or our resources at large. As to the prepared state of the country, he said in case of a declaration of war, the president
would not feel himself bound to take upon himself more than his share of responsibility. Mr. M. said, the unprepared state of the country was the only reason why ulterior measures were deferred.”
NEW YORK, April 16.—Yesterday afternoon between three and four o'clock, the United States frigate “ President,” Commodore Rodgers, and “ Essex,” sailed from this port on a cruize. When the frigate got opposite Castle William, they fired from 6 to 8 twenty-four pound shots at the castle, for the purpose of trying its strength, which we are happy to state was found to be ball proof, and more than answers the most sanguine expectations.
We understand, the Commodore will try a similar experiment on Fort Richmond, when he passes the narrows.
People of New York! The Embargo laws must be protected ! ! Your fathers, your sons and your brothers must gird on the armour of war—not to repel the incursions of a foreign enemy, but to compel the freemen of America to submit to the most odious and detestable laws, calculated to please Bonaparte, and to ruin and enslave the people of the United States.
A CONSCRIPTION !
is already ordered—Head the following article from the Columbian.
Hostile Preparations.—We understand that His Excellency Governor Tompkins has received orders and instructions from the secretary of war, to detach and organize thirteen thousand of the militia of this state for immediate service, for which ammunition, &c., are provided, and orders for draughting are expected to be issued forthwith. Peter B. Porter, Esq., is appointed by His Excellency quarter-master general for this state. Everything indicates a determination in our government to proceed to the ultima ratio.
BOSTON, April 23.
It is ascertained that Governor Gerry has received orders from the President of the United
States, to draft from the Militia of the State, 10,000 men, the quota assigned to Massachusetts ; and that they be immediately organized and prepared for military duty. “Where they are to march —or what duty is required of them, we have not learnt. Perhaps the Chronicle or Patriot editors can inform the public.
Col. Porter has arrived in town to visit our forts and cause them to be supplied with additional military stores, and to place them in a situation the better to resist attack.
UNITED STATES CONGRESS.
IN SENATE 20TH APRIL, 1812.
The bill supplementary to the act to establish a war department, was read a third time and passed.
The bill respecting associations for maritime security ; and the bill concerning merchant vessels armed for defence, were read a third time and passed.
The two bills yesterday passed the house, were read and passed to a second reading.
Mr. Pope reported the following bill :
A bill more effectually to protect the commerce and coasts of the United States.
Whereas British and other armed vessels have harrassed and committed depredations on the commerce of the United States on or near the coasts thereof, in violation of the law or nations ; therefore,
Be it enacted, &c. That it shall be lawful for the President of the United States, and he is hereby authorized to instruct and direct the commanders of the armed vessels belonging to the United States to seize, take and bring into any port of the United States to be proceeded against according to the laws and usages of nations, any such British or other armed vessels which shall be found hovering on the coasts of the United States for the purpose of harrassing or committing depredations on the vessels belonging to the citizens thereof.
Substance of the bill passed to the third reading, in the House of Representatives of the United States, April 27,1812, Yeas, 53, Nays, 28, and be taken up again on the 11th May.
1. From 4th June, 1812, persons impressing native Americans, from on board American vessels, shall be held to be guilty of Piracy and Felony.
2. Any person sailing under the flag of the United States, may repel force by force, on an attempt to impress him.
3. The President, upon information that any citizen of the United States shall have been impressed, is authorized to retaliate on British subjects on the high seas, or within the British territories.
4. Impressed seamen authorised to attach, in the hands of any British subject, or debtor of British subject, 30 dollars per month, during their detention.
5. The President of the United States authorised to capture, by way of reprisal, on the high seas, or the British territories, a number of British subjects equal to the number of American seamen in possession of Great Britain, and to exchange the same by cartel.
6. No aid to be given to any ship or vessel which may have taken any person from on board an American vessel, (excepting persons in the military service of an enemy) under pain of one year's imprisonment, and 1,000 dollars fine.
7. The President authorised to establish a non-intercourse with the nation to whom such ship or vessel may belong.
Extract to the Editors—dated Washington, April 28.
“ Gov. Wright's Bill has been recommitted, and made
the order of the day for Monday the 11th May. Letters of
marque and reprisal are talked of to be issued about the
20th of May.”—Delaware Republican.
PREPARATIONS FOR WAR.
MONTREAL, June 20.
Advices were received on Thursday last by one of the most respectable Houses in this city, that on the 5th inst the British schooner “Lord Nelson,” on her voyage from Prescott to Niagara, laden entirely with British property, was boarded by the American armed vessel the “Oneida” on Lake Ontario, and taken into Sacket Harbor, where she has been dismantled and the property on board seized. The pretext set up for this new and unwarrantable conduct is, that this vessel's papers were not satisfactory to the American officer with respect to her destination and intended voyage, and that she had no clearance from any Custom House.' Now it is well known by us all, as well as by the Americans, that there is no law in Upper Canada obliging vessels to clear out ; and indeed, such law would appear to be superfluous in an inland navigation like that of the Lakes. Since the above, has been captured also by an American armed boat, the American schooner “ Ontario,” (Said to be the properly of our good friend the celebrated Patriot Mr. Porter,) from Niagara to Prescott, loaded with flour belonging to British subjects. She was carried into Gravelly Point, below Carleton Island. This vessel had left the United States previous to the enactment of the embargo. The reason given for this second nefarious act, by the boarding-officer, was that he suspected her.
Such insidious conduct ought not to be overlooked for a moment ; an express ought to be sent to the British Minister at Washington, to demand reparation—our forts on the Lakes put into a good state-and above all, our vessels should be well appointed—commanded by able officers, and manned by experienced seamen.
MONTREAL, June 22.—After our paper was ready Impress we were obligingly favored with Boston papers of last Wednesday.
These papers contain nothing from Washington later than was received by the way of New York. They however contain a long and very spirited appeal for Peace addressed to Congress, by the inhabitants of Boston.
Warlike Preparations in the States.—All the machinery of threatened war is in motion, and everything portends that the lovers of blood are to be gratified. Troops are marching in various directions, principally to the northern frontier. Those raised in this vicinity are under marching orders. Directions were received yesterday to purchase horses for the dragoons here ; and the company will immediately march to Pittsfield.
Major General Dearborn has fixed his Head Quarters in this town, where a quarter-guard is mounted.—Boston Centinel.
DECLARATION OF WAR.
From the New York Evening Post of June 20, 1812.
THE WAR.—It is now ascertained that an unconditional declaration of War against Great Britain, has passed both Houses of Congress, and has became a law.
We have very little disposition to remark on this unprecedented measure at this time ; but we cannot help expressing our regret that such madness (for we can call it nothing better) should have seized a majority of our Representatives at Washington. For the government of a Country, without armies, navies, fortifications, money or credit, and in direct contradiction to the voice of the people, to declare war against a power which is able in a few months time to sweep from the ocean millions of property belonging to the people of that country, is an act of imprudence, not to say wickedness, such as, perhaps, was never before known since civil government was established. We deplore the fate of our unfortunate fellow citizens, who have property in foreign countries and on the ocean. We had hoped they would have been allowed an opportunity to get home their ships, money and merchandize before hostilities commenced but this favor could not be granted ! It now remains for the people to suffer, or make use of the constitutional means of averting, in some measure, this dreadful calamity, by a change of men, that there might be a change of measures.
By Express.—Brigadier General Bloomfield, commander of the United States forces on this station, received a letter by a government Express from the Secretary at War, this morning, and immediately issued the following :—
(COPY.)
GENERAL ORDERS.
HEAD-QUARTERS, 20TH JUNE, 1812.
“ General Bloomfield announces to the troops, that WAR IS DECLARED BY THE UNITED STATES, AGAINST GREAT BRITAIN.
“ By order,
“R. H. MACPHERSON,
“Aide-de-Camp.”
From the New York Public Advertiser of June 20.
Off the Hook, and cruising and boarding vessels within our waters not two miles from the Light House, the British frigate “ Belvidere,” and the sloop of war “ Tartarus.” It appears they were not afraid, notwithstanding the United States “ President” is in the harbour !
Yesterday morning the frigate “ President,” Commodore Rodgers ; “ United States,” Commodore Decatur ; “ Congress,” Capt. Smith. ; sloop of war “ Hornet,” Capt. Lawrence, and brig “Argus” all sailed from this port on a cruize.
(This American Squadron got to sea about half-past 4 P.M. We understand the Commodore received his instructions yesterday morning, by an Express from the Secretary of the Navy.)
AN ACT
Declaring War between the United Kingdom of Great Britain and Ireland and the dependencies thereof and the United, Stales of America and their Territories.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That WAR be and the same is hereby declared to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories ; and that the President of the United States be and he is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States, commissions or letters of marque and general reprisal, 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 the subjects thereof.
Approved,
JAMES MADISON.
June 18, 1812.
On the final passage of the act in the senate, the vote was nineteen to thirteen. In the house of Representatives seventy-nine to forty-nine.
[We suppose that the President's secret message to Congress, contains the reasons for this Declaration of War ; or else the members of that Honorable Body have thought it prudent to keep their reasons to themselves. Reasons, however, they must give, and strong ones too, for a measure which goes to change North America, a country, up to the very date of this declaration, a site of more extended human happiness than any other in the “World, into a Held of blood, desolation and misery. If they have no powerful reason for such a measure, amounting to imperious necessity ; then they are mad, insincere, or wicked beyond conception.
“Whatsoever events may arise out of the present state of things, we are persuaded that the people of this country want no other excitements to the discharge of their duty, than those which they will find in the sentiments they have inherited from their forefathers, and the conviction, that those who thus wantonly interrupt the peace and happiness which they have so long enjoyed, are not less their personal enemies than the enemies of the British Government]
MONTREAL, June 27.
Since our last, we have received advices that another British vessel, with British property on board, has been seized on Lake Ontario by the Americans. The meaning of all this surely cannot be mistaken.
We are happy to announce that our armed vessel the “ Royal George,” on Lake Ontario, has been completely manned, and is now fully prepared to command respect in that quarter so essential to the protection of Upper Canada.
Resolutions of the Town Meeting' of Boston on the 15th June, 1812.
Whereas the proceedings of the national Government afford reason to conclude, that it is their determination to involve our Country in a war with Great Britain, and meetings, of the people in a few places have been held at which measures have been adopted, and sentiments expressed, calculated to induce government to persevere in those hostile dispositions ; and it appearing desirable that the Government should have full information of the opinions and wishes of the people.
THEREFORE RESOLVED,
That under existing circumstances, the inhabitants of this town most sincerely deprecate a war with Great Britain, as extremely injurious to the interests and happiness of the people, and peculiarly so as it necessarily tends to an alliance with France, thereby threatening the subversion of their liberty and independence. That an offensive war with Great Britain alone, would be manifestly unjust ; and that a war with both the belligerent powers, would be an extravagant undertaking, which is not required by the honour of the nation.
Resolved, That, we view with just indignation, and emotions inspired by the love of our country, the outrages and aggressions which are offered to our lawful commerce ; and we believe it is the duty of government to commence and proceed with as much diligence as the resources of our country will warrant in providing for its efficient protection, by a naval force. And we deem all commercial restrictions as so many engines of destruction adapted to complete the ruin of that portion of our commerce which escapes the rapacity of foreign aggressors.
Resolved, That it is the true policy, and duty of this nation, to adhere to an impartial neutrality, to abandon commercial restrictions, to husband the resources of the country, and to indemnify itself against the losses to which its commerce is exposed in the present European war, by improving those casual advantages which arise from this state of things, and which cannot be expected in a time of pro found peace. That to abstain from efforts of impotent resentment, blind rage or desperate policy, is not to be deemed submission to any foreign power ; but a conformity to necessities imposed on our country by an overruling providence, for which our courage and patriotism are not responsible. That we should endeavour to ride out the storm we cannot direct ; and that to plunge into the present war, would be a wanton and impious rejection of the advantages with which the Almighty has blessed our country.
Resolved, That our free Constitution secures to the people the right at all times to meet together in a peaceable manner, and express their opinions on public men, and measures, and to adopt means for the security of their rights ; and that our fellow citizens in this and the other commercial states, are earnestly requested to join with us in a public expression of their sentiments on the system of commercial restrictions, and their abhorrence of war ; and that this town, should it become expedient, will appoint committees for the purpose of receiving their Communications, corresponding or meeting with them for the adoption of such constitutional measures as may be proposed for the restoration of our unalienable commercial rights ; for the security of our peace, and for the election of such men to office as will use their best endeavours for the promotion of these objects so essential to the preservation of our constitution ; to the security of our union, and to the prosperity of our country.
JOHN C. JONES,
Chairman.
The foregoing report having been repeatedly read and debated, was voted to be accepted.
THOMAS DAWES,
Moderator.
Attest, THOMAS CLARK,
Clerk.
THE QUEBEC GAZETTE
BY HIS EXCELLENCY
SIR GEORGE PREVOST, BARONET, President in and over the Province of Lower Canada, and Administrator of the Government thereof, Lieutenant General and Commander of all His Majesty's Forces in the Provinces of Lower and Upper Canada, Nova Scotia and New Brunswick, and in the Islands of Cape Breton, Newfoundland, and the Bermudas, Vice-Admiral of the same, &c, &c.
A PROCLAMATION.
WHEREAS War has been declared by the Government of the United States of America, to exist between the United Kingdom of Great Britain and Ireland, and the Dependencies thereof, and the United States of America, and their territories ; and whereas divers persons being subjects of the said United States of America, are now within the limits of this province, and it is expedient and necessary that such persons should depart from this province within a limited period :—I have therefore thought fit, by and with the advice of the Executive Council of this Province, to issue this my proclamation, to order, enjoin and direct, and I do thereby order, enjoin and direct, all persons who are subjects of the United States of America, to depart from this province within fourteen days from the day of the date of this proclamation.
AND WHEREAS by an order of police issued at the City of Quebec, on the 29th instant, requiring all such subjects of the United States of America, as are now in the District of Quebec, to depart from the City of Quebec on or before the first day of July next, before twelve o'clock, and from the District of Quebec on or before the third day of July next, before twelve o'clock ; and whereas the persons being subjects of the United States, who are now in the City and District of Quebec, are principally persons who have entered this province in good faith, in the prosecution of commercial pursuits :—I have therefore thought fit to enlarge and I do hereby enlarge the period allowed by the said order of police, for the departure of such persons from the City and District of Quebec, for and during the period of seven days from the day of the date of this proclamation.
Given under my Hand and Seal at Arms, at the Castle of Saint Lewis, in the City of Quebec, this Thirtieth day of June, in the Year of our Lord one thousand eight hundred and twelve, and in the fifty-second year of His Majesty's Reign.
GEORGE PREVOST.
By His Excellency's Command,
JNO. TAYLOR,
Dep. Sec'y.
GEORGE PREVOST
GEORGE THE THIRD, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and so forth : To all our loving subjects and to all others whom these present ; may concern, Greeting : Whereas War has been declared by the Government of the United States of America, to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their Territories ;—And the sailing and departure of ships and vessels, and the exportation of goods, wares, monies, merchandise and commodities of any description whatsoever, from our Province of Lower Canada, may at this time prove injurious and prejudicial to the interests of our Empire. We have therefore thought fit by and with the advice of our Executive Council of our said Province of Lower Canada, to issue this our Royal Proclamation, and to order, and we do hereby order that an Embargo be forthwith laid on all ships and vessels, and on all goods, wares, monies, merchandize and commodities, in and within our said Province of Lower Canada, and we do hereby further strictly prohibit and forbid the sailing or departure of any ship or ships, vessel or vessels, and the exportation of any goods, wares, monies, merchandize and commodities whatsoever, from any port or place in and within our said Province of Lower Canada, to any place, Country, Kingdom, Dominion or Territory whatsoever, save and except such ships and vessels as are at this time loaded and have already cleared out from the Custom House. And it is our will and pleasure, and we do hereby order, that the said Embargo do continue and remain from the date of these presents until the SIXTEENTH day of JULY next ensuing, of all which our loving subjects and all others concerned, are to take due notice, and to govern themselves accordingly, we by the tenor of these presents, firmly enjoining and commanding them, and all and every our Officers and Ministers whatsoever, to be in all things and to the utmost of their power, aiding and assisting in the due execution of this our Royal Proclamation. In testimony whereof, we have caused these our letters to be made Patent, and the Great Seal of our said Province of Lower Canada to be hereunto affixed : WITNESS, our right trusty and well beloved SIR GEORGE PREVOST, baronet, President of the Province of Lower Canada, and Administrator of the Government of our said Province, &c., &c., &c., at our Castle of Saint Lewis, in our City of Quebec, in our said Province, the Thirtieth day of June, in the year of our Lord one thousand eight hundred and twelve, and of our reign the fifty-second.
G. P.
JOHN TAYLOR,
Dep. Sec.
GEORGE PREVOST,
GEORGE THE THIRD, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith : To our much beloved and faithful Legislative Councillors of our Province of Lower Canada, and to our faithful and well beloved the Knights, Citizens and Burgesses of our said Province, Greeting : “Whereas by an Act passed by our Provincial Parliament in the Forty-third year of Our Reign, it is, among other things enacted, that in case of war, invasion, or imminent danger thereof, insurrection, or other pressing exigencies, if the Legislature shall then be separated by such adjournment or prorogation as will not expire within fourteen days, it shall and may be lawful for the Governor, Lieutenant-Governor, or person Administering the Government, to issue a Proclamation for the meeting of the Legislature within fourteen days, and the Legislature shall, accordingly meet, and sit upon such day as shall be appointed by such Proclamation, and continue to sit and act in like manner to all intents and purposes, as if it had stood prorogued and adjourned to same day. And whereas war has been declared by the Government of the United States of America, to exist between the United Kingdom of Great Britain and Ireland, and the Dependencies thereof, and the United States of America, and their Territories. And whereas our Provincial Parliament now stands prorogued to the Twenty-first day of August next, We therefore do, by and with the advice of Our Executive Council, hereby publish and declare our Royal “Will and pleasure, that Our said Provincial Parliament shall, on THURSDAY, the SIXTEENTH day of JULY next, be held for the dispatch of divers weighty and important affairs. And we do command, and by the tenor of these presents firmly enjoin you and every of you, and all others in this behalf interested, that you give your attendance accordingly, and that personally you be and appear, on the said Sixteenth day of July, at our city of Quebec, in our said Province. In testimony whereof, we have caused these our letters to be made patent, and the Great Seal of our said Province of Lower Canada to be hereunto affixed : WITNESS, Our Trusty and well beloved SIR GEORGE PREVOST, Baronet, President in and over our said Province of-Lower Canada and Administrator of the Government thereof, &c, &c, &c, at our Castle of Saint Lewis, in our City of Quebec, and the province aforesaid, the Thirtieth day of June, in the year of Our Lord one thousand eight hundred and twelve, and in the Fifty-second year of our reign.
G. P.
HERMAN W. RYLAND,
C. C. in Ch.
1 Application was then made to Lieutenant Sinclair, the American officer, at the Rendezvous ; but without effect.
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