Kitabı oku: «Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)», sayfa 136

It cannot have escaped the attention of the committee, or of the nation, that Napoleon's decree, respecting the Berlin and Milan decrees, bears date the 28th of April, 1811, and is explicitly bottomed on the law of Congress passed March 2, 1811; the sole object of which law was to confirm the proclamation of the President which had then been issued more than four months, and the legality of which had become very questionable. This decree may be found among the documents accompanying the President's Message of November 4th, 1812, and on the forty-sixth page of those printed papers.

If further evidence should be needed to prove the abominable fraud of this transaction, it may be found in the correspondence of our Minister at Paris, in the summer of 1811, wherein he remarks, that he had repeatedly demanded evidence of the repeal of the Berlin and Milan decrees, but none could be obtained. And yet, forsooth, we are now furnished with a decree dated in April preceding, but not issued until we are so entangled in French toils, that war with Great Britain was inevitable. If this fact alone had been understood, I put it to the candor of this honorable committee to say, whether they would have consented to the declaration of war against Great Britain at the time and for the reasons which were given? I say, without fear of contradiction, that they would not. If my premises are true, and the inference undisputed, since the Government has been grossly deceived and drawn into this war, for reasons and causes which did not then exist, most assuredly it becomes our duty as well as interest to relieve the country from its pressure as soon as possible.

In addition to all this, it is a singular fact in the history and progress of this war, that in five days after its declaration, (viz. on the 23d of June, 1812,) and as soon as the aforesaid decree of the French Emperor was made known to the British Ministry by Mr. Russell, an Order in Council was issued, repealing the former obnoxious orders, which had been ostensively the most prominent cause of the war; and yet the President has never issued his proclamation announcing that fact, as by the terms of the law of March 2d, 1811, he was expressly bound to do. On this failure of the President to do what the law enjoined on him to perform, as well as having issued his proclamation of November, 1810, without possessing the facts required by the law to support him, I make no comment. The account is still unsettled between him and this injured country.

The Orders in Council having thus been revoked, the continuance of the war seems to rest upon the impressment of our seamen alone. Give me leave then to inquire into the grounds of this practice, as claimed by Great Britain. Is it not bottomed on the ancient doctrine of perpetual allegiance – or in other words, that the native-born subject can never so expatriate, as that the mother country may not claim his service in time of war? Is this a novel doctrine, either as to time, or the nation who now attempts to enforce it? I venture to say that Great Britain has practised upon this principle ever since she has been a nation; and it is farther manifest that France, and all the maritime powers of Europe, have maintained the same doctrine. Nay, sir, we maintain the same doctrine in our own country; in proof of which, witness the President's proclamation at the commencement of this war; and notice also the recent case of Clark the spy, who was condemned to suffer death by a court martial, and was pardoned by the President on the ground of his owing allegiance to the United States, although residing in an enemy's territory, and having been naturalized or sworn allegiance to the King of Great Britain. Hence it would seem, that the principle set up was not novel nor singular. But what is the principle in contest between the two Governments? Great Britain claims the right to visit neutral merchant ships on the high seas; and if she finds any of her natural born subjects, to take them into her service. The Government of the United States denies to her this right, and asserts, that a foreigner naturalized in this country, is absolved from all allegiance to the parent State. The practice of Great Britain under her principle, has undoubtedly subjected some of our native citizens to capture and involuntary service, from causes which I need not here repeat. In all such cases, I take it to be admitted on all hands, that she sets up no claim, and therefore every abuse of this sort is capable of remedy. But on this head I have no hesitation in expressing my unqualified belief, founded on documents which have been laid on our tables, that the list of such impressed seamen is greatly exaggerated. Out of the number six thousand two hundred and fifty-seven of American citizens said to have been impressed, and forming a standing head piece to the list of our grievances, I very much question if five hundred native Americans can be found among them all. The documents lately furnished by the Secretary of State, if carefully examined, will serve very much to substantiate this fact. Many names are there returned who have only forwarded their claims to our Consul at London, and who, very probably, never set foot on American ground. Others again are continued on the list who have been discharged years ago, and others who have voluntarily engaged in her service.

The question then at issue, I take to be this – Shall the war with Great Britain be continued to oblige her to relinquish the practice of taking from our merchantmen her native British sailors? If we could obtain the principle by continuing the war, I think it can be demonstrated, that it would be injurious to the American seamen to have it so established, inasmuch as it would, by increasing the number of our seamen, necessarily diminish their wages. But, circumstanced as Great Britain is, contending for her existence against the most formidable power on earth, and resting her last hopes upon her navy, I presume she will never relinquish the principle.

The inquiry has been made, with some solicitude, what will you do with naturalized foreigners? I answer, treat them hospitably, and extend the arm of protection and all the blessings of government to them while they continue within your territorial jurisdiction; but if they leave your territory, and choose to go upon the great highway of nations, the risk and the choice are their own, as will be the peril. Put the case fairly to the yeomanry of our country, and let them understand the subject, that this war is to be carried on for the purpose of protecting foreigners while sailing on the high seas, and I very much incline to the opinion, that they would, dismiss the authors of this war from further service, or oblige them soon to bring it to a close. Sir, I will not consent to waste one drop of pure American blood, nor to expend a single dollar, to protect, on the high seas, all the vagabonds of Europe. Valuable as may have been the acquisition in obtaining many great and good men as emigrants from Europe, still I must maintain the opinion, that all the blessings of liberty and domestic government, which are secured to them in common with our native citizens, ought to be an ample compensation. I know it is no easy matter to draw the precise line where protection shall cease; but in a question of such moment as peace or war, the prosperity and happiness, perhaps the misery and ruin of our country, I cannot hesitate as to the course proper to be pursued.

With respect to protections, they have become so much a matter of bargain and sale, that having been counterfeited and sold in almost every port in Great Britain, as well as in America, they have long since ceased to answer any valuable purpose. It has been a fact long since well established, that a foreigner, who could scarcely speak our language, could procure a protection in Great Britain purporting to be evidence of his American citizenship. This then may account for the light and contemptuous treatment given to this species of evidence by the officers of the British navy.

Friday, January 8

Mounted Rangers

Mr. Jennings said that it must be recollected by the House, that the act which was passed at the last session of Congress, for the raising certain companies of rangers for the protection of the frontiers, had expired. Those rangers were raised under the apprehension of attacks from the savages; and these apprehensions have unfortunately been realized far beyond the general anticipation. When those companies were raised, Mr. Speaker, we expected long since to have taken possession of the British Province of Upper Canada, thereby to have intercepted the connection and communication between the British and the northwestern Indians. It will therefore readily be perceived, that in consequence of our disappointed expectations in that quarter, the northwestern frontier will be more exposed to the savage knife and tomahawk, at the opening of the approaching spring, than they have been heretofore. This description of force, if again organized, and stationed at suitable points without the frontier settlements, will render it more efficient, and in a better situation to range the woods and prevent the unapprised attack of the savage upon the helpless women and children. If we had to expect invasion from a civilized foe, our situation would not excite so much terror, but the savage character draws no distinction between the helpless infant and the prisoner of war. Under such circumstances, no calculation of expenditure ought to have any weight against a measure calculated to afford a necessary and proper protection to such an important and extensive frontier of the United States. The secrecy and facility with which the savages can assail that frontier, renders it improper that we should depend entirely for protection upon the volunteers and militia of an adjoining State. They carry with them their prejudices, and too often forget the sacred rights of private property. This fact has unfortunately been verified by a petition which I presented yesterday from the territory which I represent. But I cannot believe that such is the character of the citizens of Kentucky, although I do believe that the cause of that plundering, so far as it did take place in the western part of the territory of Indiana, by a portion of the Kentucky volunteers, may be found in the unhallowed exertions of local political purposes, to impress on the minds of at least some of those volunteers, that they were to defend British agents, British partisans, and persons having connection with the savages.

I shall now (said Mr. J.) present to the House the following resolutions which I have prepared, as well for the purpose of offering a bounty in lands to those who would volunteer their services as rangers for the protection of the northwestern frontier, as for the purpose of inquiring into the expediency of paying the militia and volunteers who have already rendered important services in shielding the helpless from savage cruelty: —

"Resolved, That the Committee on Military Affairs be, and they are hereby, directed to inquire into the expediency of authorizing the President of the United States to raise at least twelve companies of rangers, by the acceptance of volunteers or enlistment for one year, to be mounted or otherwise, as the service may require.

"Resolved, That the said committee inquire into the expediency of allowing a bounty in land to those who shall tender their services as rangers, and be accepted by the President of the United States.

"Resolved, That the said committee inquire likewise into the expediency of making provision for compensating the militia or volunteers, who may have been called out, or whose services may have been accepted by the Executives of either of the territories of the United States."

The resolutions were ordered to lie on the table.

Additional Military Force

The House again resolved itself into a Committee of the Whole, on the bill from the Senate authorizing the raising of twenty thousand men, for one year, if in the opinion of the President of the United States the public service shall require it.

Mr. Wheaton said: Mr. Speaker, every intelligent man, whose age has given him an opportunity of combining experience with observation, must know that there are times when, on certain questions relating to the great interests of the nation, the sober remonstrances of truth and reason are of little or no avail against the misguided impetuosity of public prejudice. To such a crisis, if we have not already arrived, it is greatly to be feared that we are fast approaching. To float along the current of popular opinion requires very little exertion; but the man that is placed in a situation where the public safety demands that he should stem the torrent and buffet the storm, cannot but reflect, with peculiar sensibility, on the very unequal task he has to perform. The bill, now under consideration, has opened a field of discussion on the general policy of the war, in which its advocates and opponents seem to have given full range to their imaginations; and the arguments, on both sides, have apparently been attended with various success. There can, however, be little doubt on which side the victory will finally be declared. It is well known that the majority are determined, and the bill will pass. I had therefore resolved to take no part in the dispute, but to content myself with giving a simple vote. But, reflecting that I am called upon to act on a subject by me deemed important, not only for myself, but for the good of the people whom I have the honor to represent, who will be equally interested in the result, I have felt myself impelled, both by duty and inclination, to state some of the reasons on which that vote will be grounded.

The bill proposes giving authority to the President of the United States to raise twenty thousand regular troops, in addition to the thirty-five thousand already authorized by law. This may be right or wrong, proper or improper, according to times and circumstances, and the objects which the measure is contemplated to effect. Were the country invaded by a foreign foe, and a foe so powerful as to make this additional number of troops necessary for its defence, I should say it were right and proper to raise them, whatever expense it might be to the nation. But if, as the advocates of the bill profess, these men are to be enlisted, and, together with those heretofore authorized, are to form a powerful army for the purpose of foreign conquest, I have no hesitation in giving it, as my opinion, that it is improper and wrong, or, at least, as the President has told us respecting the French decree repealing those of Berlin and Milan, that "the proceeding is rendered, by the time and manner of it, liable to many objections." Objections, it is apprehended, may arise from want of powers given to Congress by the constitution, either expressed or implied, to do this thing, with its professed object in view – that is, foreign conquest. And if these are unavailing, common reason and common sense furnish objections, sufficiently strong, to the expediency of our undertaking such enterprises. Objections, for want of sufficient powers given by the constitution, may be considered as novel; but, if sound, they should nevertheless prevail. The war itself is novel, this being the first of the kind that ever we have undertaken since that instrument was formed, or since we became an independent nation. If the constitution gives Congress any power to carry on foreign wars, those powers must be collected from expressions it contains, or from some clear and necessary implication from something that is therein expressed. It will be very readily admitted, that our national Government is a Government of a very simple construction, and that it possesses very limited powers; being established by compact, not by conquest, it has not all the powers incident to the sovereignties of other countries; not produced by conquest, it was not made for conquest. "The enumeration of certain rights in the constitution shall not be construed to deny or disparage others retained by the people; and the powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people." The framers of this constitution took particular care, not only to define the powers they intended to give, but the objects to which that power should be applied, and therefore, but for those defined objects, Congress have no powers at all. The objects are first pointed out clearly and plainly, and then the powers necessary to their attainment. The people of this country, after having effected the Revolution and established their independence, considering their great transmarine distance from the nations of the Old World, and all their jarring and rival interests, flattered themselves with the expectation of long peace. Unapprehensive of being attacked at home, they had no idea of making war for the purpose of conquest abroad. "Peace and friendship with all nations, entangling alliances with none," was their motto, and the same sentiment has been sanctioned by a man, whom the advocates of this war have never ceased to admire. An aversion to standing armies was among the causes that induced the Declaration of Independence; without standing armies, it was then believed, and we now know full well, foreign wars cannot be carried on. Foreign wars did not, therefore, come within the scope of that policy that dictated the constitution. I am not insensible, that, by the constitution, a power is given to Congress to declare war, (not to make it,) but their power is not to be exercised but in the spirit of that instrument, and for the attainment of some or all of the objects for which it was framed. And what are those objects? Why, and for what was the constitution made? Its authors have told us. It was for "the forming of a more perfect union, establishing justice, insuring domestic tranquillity, providing for the common defence, promoting the general welfare, and securing the blessings of liberty to ourselves and our posterity," and all these benefits for the people that then did, or who thereafter should, belong to, or reside in the territory then embraced by the United States, and none other. The constitution was not made for any other, nor can it give jurisdiction over any other. If all or any of these objects are endangered, and it can be made to appear that raising the additional army proposed by this bill be necessary to the preservation and security of them, and can afford a rational prospect of producing such an effect, then my objections to the measure, so far as they arise from the apprehension of the want of constitutional authority, will be obviated. But here, permit me to ask, whether adding twenty thousand new troops to our present regular army, will be likely to have the effect of forming a more perfect union among the people of these States, or whether the little progress already made in the war has not produced fearful apprehensions of a sad reverse? If justice be not already established in our country, can there be any probability that a more formidable army will effect an object so desirable? No; for it is a well-known maxim, as true now as in those ancient times when it was written, that "Inter arma leges silent." So romantic an idea, as being able to establish justice through the world, could not have entered the heads of those that framed the constitution. Much has been said respecting the laws of nations; but they are now nowhere to be found, but in those books that treat on that subject; they were formed by the nations of the civilized world, and evidenced by the treaties, compacts, and agreements, entered into by them; but the Governments of Europe, in their struggle for power and dominion, seem to have disregarded or broken them down; and they being the majority in number, and superior in strength, it is not at present in our power to build up and enforce them. The unavoidable state of the world must be submitted to, until human nature shall, by its Great Author, be corrected. Nor can we, from what we have experienced, promise ourselves, from foreign war, an increase of tranquillity at home. But we are authorized, and are bound to provide for our common defence, and to raise armies, as well of regulars as militia, for that purpose, whenever the unfortunate situation of our country may render such a measure necessary; and our raising of a regular army could never have been contemplated by the framers of the constitution for any other purpose, and therefore give no authority so to do, and, as if conscious that this were the case, the committee that penned the act passed by Congress in June last, declaring war, made use of a form altogether unusual in other countries on similar occasions. The act declares that "war exists between the United Kingdoms of Great Britain and Ireland, and the United States;" going upon the idea, that hostilities had then been actually commenced against us by that Government, and our country invaded by a British armed force. Such a doctrine would have been very proper, and it might have been proper to raise armies in pursuance of it, had it been true. But such was not the fact. No hostile invasion of the country, by the British Government, had then been made, attempted or threatened. But some may say, and do say, that, if it were not a point then, it is now, and that, therefore, if we had no right to raise regular armies then, it being a time of peace, we may feel ourselves fully authorized now, since war has been declared, to raise new ones, or make additions to the old. This, indeed, would be contrary to a principle universally received and adopted, that no one should be permitted to take the advantage of his own wrong.

I know it is a doctrine, that the ruling party in this country, both in and out of this House, are every day zealously endeavoring to inculcate, that even admitting the war to have been wrong, at its commencement, it has now become the constitutional duty of its original opponents to afford every aid and encouragement to its prosecution. But this is a doctrine that I think no one can yield his assent to, till he is made to believe that two lines, constantly diverging, may finally meet in the same point. If our country has been in any degree invaded, and such invasion be in consequence of our having first invaded the territories of the invaders, it is proper for us, by withdrawing the cause, to put an end to the effect. The last, and not the least object of the powers given by the constitution, is "to secure the blessings of liberty to ourselves and our posterity." Many arguments cannot be necessary to show the tendency of foreign wars to destroy liberty. I believe history does not furnish an instance of any people long free, after engaging in the mad projects of foreign conquest. While Rome was content with her ancient boundaries, her inhabitants were blessed with freedom; but, afterwards, jealousies, tumults, insurrections, and seditions, and those two great plagues and scourges of mankind – anarchy and tyranny – following in the train, destroyed every vestige of liberty among that people. Is there any liberty left among the people of France, or of those countries that France has conquered? Fortunate for them, if they are less enlightened than we are; for, in such case, though slaves, they may not be quite so miserable ones. "The very age and body of our constitution, its form and pressure," indicative of the genius and temper of the people that adopted it, are all opposed to the prosecution of wars for conquest. Such enterprises must not be undertaken, or the constitution must be destroyed. Gentlemen seem already inclined to attribute the disgrace and defeats that have hitherto marked our progress in this war, rather to the form and constitution of our Government, than to the weakness and folly of its Administration. The French Emperor has been extolled, and his mode of conducting wars has been more than intimated as being worth our imitation. If, in making foreign conquests, we would have his success, we must make use of his means, and then we may bid adieu to our former happy institutions, our laws, and our liberty. On this ground, therefore, I am opposed to the progress of this war. But if I had not a scruple left, as to the authority given to Congress by the constitution to make this war for conquest, (and perhaps I ought not to have,) my sense of its inexpediency, while I shall have any regard for the welfare and prosperity of my country, will forever forbid my giving it the smallest aid.

Mr. H. Clay (Speaker) said he was gratified yesterday by the recommitment of this bill to a Committee of the whole House, from two considerations: one, since it afforded to him a slight relaxation from a most fatiguing situation; and the other, because it furnished him with an opportunity of presenting to the committee his sentiments upon the important topics which had been mingled in the debate. He regretted, however, the necessity under which the Chairman had been placed of putting the question,³⁰ precluded him from an opportunity he had wished to have enjoyed of rendering more acceptable to the committee any thing he might have to offer on the interesting points it was his duty to touch. Unprepared, however, as he was to speak on this day, of which he was more sensible from the ill state of his health, he would solicit the attention of the committee for a few moments.

I was a little astonished, I confess, said Mr. C., when I found this bill permitted to pass silently through the Committee of the Whole, and that, not until the moment when the question was about to be put for its third reading, was it selected as that subject on which gentlemen in the opposition chose to lay before the House their views of the interesting attitude in which the nation stands. It did appear to me that the loan bill, which will soon come before us, would have afforded a much more proper occasion, it being more essential, as providing the ways and means for the prosecution of the war. But the gentlemen had the right of selection, and having exercised it, no matter how improperly, I am gratified, whatever I may think of the character of some part of the debate, at the latitude in which for once they have indulged. I claim only, in return, of gentlemen on the other side of the House, and of the committee, a like indulgence in expressing, with the same unrestrained freedom, my sentiments. Perhaps in the course of the remarks which I may feel myself called upon to make, said he, gentlemen may apprehend that they assume too harsh an aspect; I have only now to say that I shall speak of parties, measures, and things, as they strike my moral sense, protesting against the imputation of any intention on my part to wound the feelings of any gentleman.

Considering the situation in which this country is now placed, in a state of actual war with one of the most powerful nations on the earth, it may not be useless to take a view of the past, of various parties which have at different times appeared in this country, and to attend to the manner by which we have been driven from a peaceful posture. Such an inquiry may assist in guiding us to that result – an honorable peace – which must be the sincere desire of every friend to America. The course of that opposition, by which the administration of the Government had been unremittingly impeded for the last twelve years, was singular, and, I believe, unexampled in the history of any country. It has been alike the duty and the interest of the Administration to preserve peace. Their duty, because it is necessary to the growth of an infant people, their genius and their habits. Their interest, because a change of the condition of the nation brings along with it a danger of the loss of the affections of the people. The Administration has not been forgetful of these solemn obligations. No art has been left unessayed; no experiment, promising a favorable result, left untried to maintain the peaceful relations of the country. When, some six or seven years ago, the affairs of the nation assumed a threatening aspect, a partial non-importation was adopted. As they grew more alarming, an embargo was imposed. It would have attained its purpose, but it was sacrificed upon the altar of conciliation. Vain and fruitless attempt to propitiate! Then came a law of non-intercourse, and a general non-importation followed in the train. In the mean time, any indications of a return to the public law and the path of justice, on the part of either belligerent, are seized with avidity by the Administration – the arrangement with Mr. Erskine is concluded. It is first applauded, and then censured by the opposition. No matter with what sincerity the Administration cultivates peace, the opposition will insist that it alone is culpable for any breach between the two countries. Because the President thought proper, in accepting the proffered reparation for the attack on a national vessel, to intimate that it would have better comported with the justice of the King (and who does not think so?) to punish the offending officer, the opposition, entering into the royal feelings, sees in that imaginary insult abundant cause for rejecting Mr. Erskine's arrangement. On another occasion, you cannot have forgotten the hypercritical ingenuity which they displayed to divest Mr. Jackson's correspondence of a premeditated insult to this country. If gentlemen would only reserve for their own Government half the sensibility which is indulged for that of Great Britain, they would find much less to condemn. Restriction after restriction has been tried; negotiation has been resorted to, until longer to have negotiated would have been disgraceful. Whilst these peaceful experiments are undergoing a trial, what is the conduct of the opposition? They are the champions of war; the proud, the spirited, the sole repository of the nation's honor; the exclusive men of vigor and energy. The Administration, on the contrary, is weak, feeble, and pusillanimous – "incapable of being kicked into a war." The maxim, "not a cent for tribute, millions for defence," is loudly proclaimed. Is the Administration for negotiation? The opposition is tired, sick, disgusted with negotiation. They want to draw the sword and avenge the nation's wrongs. When, at length, foreign nations, perhaps, emboldened by the very opposition here made, refused to listen to the amicable appeals made, and repeated and reiterated by the Administration, to their justice and to their interests; when, in fact, war with one of them became identified with our independence and our sovereignty, and it was no longer possible to abstain from it, behold the opposition become the friends of peace and of commerce. They tell you of the calamities of war; its tragical events; the squandering away of your resources; the waste of the public treasure, and the spilling of innocent blood. They tell you that honor is an illusion! Now we see them exhibiting the terrific forms of the roaring king of the forest. Now the meekness and humility of the lamb! They are for war, and no restrictions, when the Administration is for peace; they are for peace and restrictions, when the Administration is for war. You find them, sir, tacking with every gale, displaying the colors of every party, and of all nations, steady only in one unalterable purpose: to steer, if possible, into the haven of power.