Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

The misfortune of Detroit was not, however, without a consoling effect. It was followed by signal proofs that the national spirit rises according to the pressure on it. The loss of an important post, and of the brave men surrendered with it, inspired every where new ardor and determination. In the States and districts least remote, it was no sooner known, than every citizen was ready to fly with his arms, at once, to protect his brethren against the blood-thirsty savages let loose by the enemy on an extensive frontier, and to convert a partial calamity into a source of invigorated efforts. This patriotic zeal, which it was necessary rather to limit than excite, has embodied an ample force from the States of Kentucky and Ohio, and from parts of Pennsylvania and Virginia. It is placed, with the addition of a few regulars, under the command of Brigadier General Harrison, who possesses the entire confidence of his fellow-soldiers, among whom are citizens, some of them volunteers in the ranks, not less distinguished by their political stations, than by their personal merits. The greater portion of this force is proceeding on its destination, towards the Michigan Territory, having succeeded in relieving an important frontier post, and in several incidental operations against hostile tribes of savages, rendered indispensable by the subserviency into which they had been seduced by the enemy; a seduction the more cruel, as it could not fail to impose a necessity of precautionary severities against those who yielded to it.

At a recent date, an attack was made on a post of the enemy near Niagara, by a detachment of the regular and other forces, under the command of Major General Van Rensselaer, of the militia of the State of New York. The attack, it appears, was ordered, in compliance with the ardor of the troops, who executed it with distinguished gallantry, and were, for a time, victorious; but not receiving the expected support, they were compelled to yield to reinforcements of British regulars and savages. Our loss has been considerable, and is deeply to be lamented. That of the enemy, less ascertained, will be the more felt, as it includes, among the killed, the commanding general, who was also Governor of the province; and was sustained by veteran troops, from inexperienced soldiers, who must daily improve in the duties of the field.

Our expectation of gaining the command of the lakes, by the invasion of Canada from Detroit, having been disappointed, measures were instantly taken to provide, on them, a naval force superior to that of the enemy. From the talents and activity of the officer charged with this object, every thing that can be done may be expected. Should the present season not admit of complete success, the progress made will insure, for the next, a naval ascendency, where it is essential to our permanent peace with, and control over, the savages.

Among the incidents to the measures of the war, I am constrained to advert to the refusal of the Governors of Massachusetts and Connecticut to furnish the required detachments of militia towards the defence of the maritime frontier. The refusal was founded on a novel and unfortunate exposition of the provisions of the constitution relating to the militia. The correspondences which will be before you, contain the requisite information on the subject. It is obvious that, if the authority of the United States to call into service and command the militia for the public defence, can be thus frustrated, even in a state of declared war, and of course, under apprehensions of invasion preceding war, they are not one nation for the purpose most of all requiring it; and that the public safety may have no other resource, than in those large and permanent military establishments which are forbidden by the principles of our free Government, and against the necessity of which the militia were meant to be a constitutional bulwark.

On the coasts, and on the ocean, the war has been as successful as circumstances inseparable from its early stages could promise. Our public ships and private cruisers, by their activity, and, where there was occasion, by their intrepidity, have made the enemy sensible of the difference between a reciprocity of captures, and the long confinement of them to their side. Our trade, with little exception, has safely reached our ports; having been much favored in it by the course pursued by a squadron of our frigates, under the command of Commodore Rodgers. And in the instance in which skill and bravery were more particularly tried with those of the enemy, the American flag had an auspicious triumph. The frigate Constitution, commanded by Captain Hull, after a close and short engagement, completely disabled and captured a British frigate; gaining for that officer, and all on board, a praise which cannot be too liberally bestowed; not merely for the victory actually achieved, but for that prompt and cool exertion of commanding talents, which, giving to courage its highest character, and to the force applied its full effect, proved that more could have been done in a contest requiring more.

Anxious to abridge the evils from which a state of war cannot be exempt, I lost no time after it was declared, in conveying to the British Government the terms on which its progress might be arrested, without awaiting the delays of a formal and final pacification; and our Chargé d'Affaires at London was, at the same time, authorized to agree to an armistice founded upon them. These terms required that the Orders in Council should be repealed as they affected the United States, without a revival of blockades violating acknowledged rules; and that there should be an immediate discharge of American seamen from British ships, and a stop to impressment from American ships, with an understanding that an exclusion of the seamen of each nation from the ships of the other should be stipulated; and that the armistice should be improved into a definitive and comprehensive adjustment of depending controversies. Although a repeal of the Orders susceptible of explanations meeting the views of this Government had taken place before this pacific advance was communicated to that of Great Britain, the advance was declined from an avowed repugnance to a suspension of the practice of impressments during the armistice, and without any intimation that the arrangement proposed, with respect to seamen, would be accepted. Whether the subsequent communications from this Government, affording an occasion for reconsidering the subject on the part of Great Britain, will be viewed in a more favorable light, or received in a more accommodating spirit, remains to be known. It would be unwise to relax our measures, in any respect, on a presumption of such a result.

The documents from the Department of State, which relate to this subject, will give a view also of the propositions for an armistice, which have been received here, one of them from the authorities at Halifax and in Canada, the other from the British Government itself, through Admiral Warren; and of the grounds on which neither of them could be accepted.

Our affairs with France retain the posture which they held at my last communications to you. Notwithstanding the authorized expectations of an early as well as favorable issue to the discussions on foot, these have been procrastinated to the latest date. The only intervening occurrence meriting attention, is the promulgation of a French decree purporting to be a definitive repeal of the Berlin and Milan decrees. This proceeding, although made the ground of the repeal of British Orders in Council, is rendered, by the time and manner of it, liable to many objections.

The final communications from our special Minister to Denmark, afford further proofs of the good effects of his mission, and of the amicable disposition of the Danish Government. From Russia, we have the satisfaction to receive assurances of continued friendship, and that it will not be affected by the rupture between the United States and Great Britain. Sweden also professes sentiments favorable to the subsisting harmony.

With the Barbary Powers, excepting that of Algiers, our affairs remain on the ordinary footing. The Consul General, residing with that Regency, has suddenly, and without cause, been banished, together with all the American citizens found there. Whether this was the transitory effect of capricious despotism, or the first act of predetermined hostility, is not ascertained. Precautions were taken by the Consul on the latter supposition.

The Indian tribes, not under foreign instigations, remain at peace, and receive the civilizing attentions which have proved so beneficial to them.

With a view to that vigorous prosecution of the war to which our national faculties are adequate, the attention of Congress will be particularly drawn to the insufficiency of existing provisions for filling up the Military Establishment. Such is the happy condition of our country, arising from the facility of subsistence and the high wages for every species of occupation, that notwithstanding the augmented inducements provided at the last session, a partial success only has attended the recruiting service. The deficiency has been necessarily supplied during the campaign by other than regular troops, with all the inconveniences and expense incident to them. The remedy lies in establishing more favorably for the private soldier, the proportion between his recompense and the term of his enlistment. And it is a subject which cannot too soon or too seriously be taken into consideration.

The same insufficiency has been experienced in the provisions for volunteers made by an act of the last session. The recompense for the service required in this case is still less attractive than in the other. And although patriotism alone has sent into the field some valuable corps of that description, those alone who can afford the sacrifice can be reasonably expected to yield to that impulse.

It will merit consideration, also, whether, as auxiliary to the security of our frontiers, corps may not be advantageously organized, with a restriction of their services to particular districts convenient to them. And whether the local and occasional services of mariners and others in the seaport towns, under a similar organization, would not be a provident addition to the means of their defence.

I recommend a provision for an increase of the general officers of the army, the deficiency of which has been illustrated by the number and distance of separate commands, which the course of the war and the advantage of the service have required.

And I cannot press too strongly on the earliest attention of the Legislature, the importance of the reorganization of the staff establishment, with a view to render more distinct and definite the relations and responsibilities of its several departments. That there is room for improvements which will materially promote both economy and success, in what appertains to the army and the war, is equally inculcated by the examples of other countries, and by the experience of our own.

A revision of the militia laws for the purpose of rendering them more systematic, and better adapting them to the emergencies of the war, is, at this time, particularly desirable.

Of the additional ships authorized to be fitted for service, two will be shortly ready to sail; a third is under repair, and delay will be avoided in the repair of the residue. Of the appropriations for the purchase of materials for ship building, the greater part has been applied to that object, and the purchase will be continued with the balance.

The enterprising spirit which has characterized our naval force, and its success, both in restraining insults and depredations on our coasts, and in reprisals on the enemy, will not fail to recommend an enlargement of it.

There being reason to believe that the act prohibiting the acceptance of British licenses is not a sufficient guard against the use of them for purposes favorable to the interests and views of the enemy, further provisions on that subject are highly important. Nor is it less so, that penal enactments should be provided for cases of corrupt and perfidious intercourse with the enemy, not amounting to treason, nor yet embraced by any statutory provisions.

A considerable number of American vessels which were in England when the revocation of the Orders in Council took place, were laden with British manufactures, under an erroneous impression that the non-importation act would immediately cease to operate, and have arrived in the United States. It did not appear proper to exercise, on unforeseen cases of such magnitude, the ordinary powers vested in the Treasury Department to mitigate forfeitures, without previously affording to Congress an opportunity of making on the subject such provisions as they may think proper. In their decision, they will doubtless equally consult what is due to equitable considerations and to the public interest.

The receipts into the Treasury during the year ending on the 30th of September last, have exceeded sixteen millions and a half of dollars; which have been sufficient to defray all the demands on the Treasury to that day, including a necessary reimbursement of near three millions of the principal of the public debt. In these receipts is included a sum of near five millions eight hundred and fifty thousand dollars, received on account of the loans authorized by the acts of the last session: the whole sum actually obtained on loan amounts to eleven millions of dollars, the residue of which, being receivable subsequent to the 30th of September last, will, together with the current revenue, enable us to defray all the expenses of this year.

The duties on the late unexpected importations of British manufactures will render the revenue of the ensuing year more productive than could have been anticipated.

The situation of our country, fellow-citizens, is not without its difficulties; though it abounds in animating considerations, of which the view here presented of our pecuniary resources is an example. With more than one nation we have serious and unsettled controversies; and with one, powerful in the means and habits of war, we are at war. The spirit and strength of the nation are nevertheless equal to the support of all its rights, and to carry it through all its trials. They can be met in that confidence. Above all, we have the inestimable consolation of knowing that the war in which we are actually engaged, is a war neither of ambition nor of vain glory; that it is waged, not in violation of the rights of others, but in the maintenance of our own; that it was preceded by a patience without example, under wrongs accumulating without end: and that it was finally not declared until every hope of averting it was extinguished, by the transfer of the British sceptre into new hands clinging to former councils; and until declarations were reiterated to the last hour, through the British Envoy here, that the hostile edicts against our commercial rights and our maritime independence would not be revoked; nay, that they could not be revoked without violating the obligations of Great Britain to other powers, as well as to her own interests. To have shrunk, under such circumstances, from manly resistance, would have been a degradation blasting our best and proudest hopes; it would have struck us from the high ranks where the virtuous struggles of our fathers had placed us, and have betrayed the magnificent legacy which we hold in trust for future generations. It would have acknowledged, that, on the element which forms three-fourths of the globe we inhabit, and where all independent nations have equal and common rights, the American people were not an independent people, but colonists and vassals. It was at this moment, and with such an alternative, that war was chosen. The nation felt the necessity of it, and called for it. The appeal was accordingly made, in a just cause, to the just and all-powerful Being who holds in his hand the chain of events, and the destiny of nations. It remains only, that, faithful to ourselves, entangled in no connections with the views of other powers, and ever ready to accept peace from the hand of justice, we prosecute the war with united counsels and with the ample faculties of the nation, until peace be so obtained, and as the only means, under the Divine blessing, of speedily obtaining it.

JAMES MADISON.

Washington, November 4, 1812.

The Message and documents were read, and twelve hundred and fifty copies ordered to be printed for the use of the Senate.

Thursday, November 12

Philip Reed, from the State of Maryland, took his seat in the Senate.

Wednesday, November 18

Allan B. Magruder, appointed a senator by the Legislature of the State of Louisiana, (and who arrived on the 15th,) produced his credentials, was qualified, and then took his seat in the Senate.

William Hunter, from the State of Rhode Island and Providence Plantations, and James Lloyd, from the State of Massachusetts, severally took their seats in the Senate.

Friday, November 20

Stephen R. Bradley, from the State of Vermont, took his seat in the Senate.

Monday, November 23

John Pope, from the State of Kentucky, took his seat in the Senate.

Thursday, November 26

Richard Brent, from the State of Virginia, attended; and there being no quorum present the Senate adjourned.

Friday, November 27

The Senate resumed the consideration of the motion submitted the 24th instant, that they proceed to ascertain the classes in which the Senators of the State of Louisiana should be inserted, as the constitution and rule heretofore prescribe; and, having agreed thereto,

On motion by Mr. Taylor,

Ordered, That the Secretary roll up, and put into the ballot box, two lots, No. 1 and No. 3; that the Senator for whom lot No. 1 shall be drawn, shall be inserted in the class of Senators whose terms of service expire on the third day of March next; and the Senator for whom lot No. 3 shall be drawn, shall be inserted in the class of Senators whose terms of service expire four years after the third day of March next.

Whereupon, the numbers above mentioned were by the Secretary rolled up and put into the box, and No. 1 was drawn for Allan B. Magruder, who is accordingly in the class of Senators whose terms of service will expire on the third day of March next; and No. 3 was drawn for Thomas Posey, who is accordingly in the class of Senators whose terms of service will expire in four years after the third day of March next.

Monday, November 30

George M. Bibb, from the State of Kentucky, arrived on the 29th, and attended this day.

Monday, December 7

Thomas Posey, appointed a Senator by the Governor of the State of Louisiana in place of John Destrahan, resigned, produced his credentials, was qualified, and then took his seat in the Senate.

Wednesday, December 9

Encouragement to Privateers

On motion by Mr. Giles,

Resolved, That a committee be appointed to inquire into the expediency of offering encouragements at this time to all mariners and seamen to bring within any of the ports of the United States British public and private armed ships, as well as merchant ships or vessels, belonging to the subjects of the United Kingdom of Great Britain and Ireland; and that the committee have leave to report by bill or otherwise.

Messrs. Giles, Lloyd, Smith of Maryland, Tait, and Taylor, were appointed the committee.

Friday, December 11

Samuel W. Dana, from the State of Connecticut, attended.

Capture of the Macedonian and the Frolic

The following Message was received from the President of the United States:

To the Senate and House of

Representatives of the United States:

I transmit to Congress copies of a letter to the Secretary of the Navy, from Captain Decatur, of the frigate United States, reporting his combat and capture of the British frigate Macedonian. Too much praise cannot be bestowed on that officer and his companions on board, for the consummate skill and conspicuous valor by which this trophy has been added to the naval arms of the United States.

I transmit, also, a letter from Captain Jones, who commanded the sloop of war Wasp, reporting his capture of the British sloop of war Frolic, after a close action, in which other brilliant titles will be seen to the public admiration and praise.

A nation, feeling what it owes to itself and to its citizens, could never abandon to arbitrary violence, on the ocean, a class of them which give such examples of capacity and courage, in defending their rights on that element; examples which ought to impress on the enemy, however brave and powerful, preference of justice and peace, to hostility against a country, whose prosperous career may be accelerated, but cannot be prevented by the assaults made on it.

JAMES MADISON.

Washington, Dec. 11, 1812.

The Message and papers were read, and referred to the committee appointed 9th November last, to consider that part of the Message of the President of the United States which relates to the Naval Establishment.

Thursday, December 31

Death of the Representative, John Smilie

A message from the House of Representatives informed the Senate of the death of John Smilie, late a member of the House of Representatives, from the State of Pennsylvania; and that his remains will be interred this day at two o'clock.

Resolved, That the Senate will attend the funeral of John Smilie, late a member of the House of Representatives from the State of Pennsylvania, this day at two o'clock; and, as a testimony of respect for the memory of the deceased, they will go into mourning, and wear a black crape round the left arm for thirty days.

Tuesday, January 5, 1813

The credentials of John Gaillard, appointed a Senator by the Legislature of the State of South Carolina, for six years, commencing on the 4th day of March next, were presented, read, and ordered to lie on file.

Wednesday, January 6

The credentials of Abner Lacock, appointed a Senator by the Legislature of the State of Pennsylvania for the term of six years, commencing on the 4th day of March next, were read, and ordered to lie on file.

Monday, January 11

James A. Bayard, from the State of Delaware, arrived on the 9th instant, and attended this day.

Wednesday, January 13

Capture of British Vessels

The following Message was received from the President of the United States:

To the Senate of the United States:

I transmit to the Senate copies of the correspondence called for by their resolution of the 7th instant.

JAMES MADISON.

January 13, 1813.

The Message and papers therein referred to were read, and referred to the committee appointed the 9th November, on so much of the Message of the President of the United States as relates to the Naval Establishment, to consider and report thereon.

The documents are as follow:

Black Rock, October 9, 1812.

Sir: I have the honor to inform you that, on the morning of the 8th instant, two British vessels, which I was informed were His Britannic Majesty's brig Detroit, late the United States' brig Adams, and the brig Hunter, mounting fourteen guns, but which afterwards proved to be the brig Caledonia, both said to be well armed and manned, came down the lake, and anchored under the protection of Fort Erie. Having been on the lines for some time, and in a measure inactively employed, I determined to make an attack, and, if possible, get possession of them; a strong inducement to this attempt arose from a conviction that, with those two vessels, added to those which I have purchased and am fitting out, I should be able to meet the remainder of the British force on the upper lakes, and save an incalculable expense and labor to the Government. On the morning of their arrival, I heard that our seamen were but a short distance from this place, and immediately despatched an express to the officers, directing them to use all possible despatch in getting the men to this place, as I had important service to perform. On their arrival, which was about 12 o'clock, I discovered that they had only twenty pistols, and neither cutlasses nor battle axes; but on application to Generals Smyth and Hall, of the regulars and militia, I was supplied with a few arms, and General Smyth was so good, on my request, as immediately to detach fifty men from the regulars, armed with muskets; by four o'clock, in the afternoon, I had my men selected and stationed in two boats which I had previously prepared for the purpose; with those boats, fifty men in each, and under circumstances very disadvantageous, my men having had scarcely time to refresh themselves, after a fatiguing march of five hundred miles, I put off from the mouth of Buffalo creek, at one o'clock the following morning; and at three I was alongside the vessels; in about ten minutes I had the prisoners all secured, the topsails sheeted home, and the vessels under way; unfortunately the wind was not sufficiently strong to get me up against a rapid current into the lake, where I understood another armed vessel lay at anchor, and I was obliged to run down the river by the forts, under a heavy fire of round, grape, and canister, from a number of pieces of heavy ordnance, and several pieces of flying artillery; was compelled to anchor at a distance of about four hundred yards from two of their batteries. After the discharge of the first gun, which was from the flying artillery, I hauled to the shore, and observed to the officer that if another gun was fired, I would bring the prisoners on deck, and expose them to the fate we should all share; but notwithstanding they disregarded the caution, continuing a constant and destructive fire, one single moment's reflection determined me not to commit an act that would subject me to the imputation of barbarity. The Caledonia had been beached in as safe a position as the circumstances would admit of, under one of our batteries at Black Rock; I now brought all the guns of the Detroit on one side, next the enemy, stationed the men at them, and directed a fire, which was continued as long as our ammunition lasted, and circumstances permitted. During the contest, I endeavored to get the Detroit on our side, by sending a line (there being no wind) on shore, with all the line I could muster; but the current being so strong the boat could not reach the shore. I then hauled on shore, and requested that warps should be made fast on the land and sent on board, the attempt to do which again proved useless. As the fire was such as would, in all probability, sink the vessel in a short time, I determined to drop down the river, out of reach of the batteries, and make a stand against the flying artillery. I accordingly cut the cable and made sail, with very light airs, and at that instant discovered that the pilot had abandoned me. I dropped astern, for about ten minutes, when I was brought up on our shore, on Squaw Island; got the boarding boat made, had all the prisoners put in and sent on shore, with directions for the officer to return for me, and what property we could get from the brig; he did not return, owing to the difficulty of the boat's getting ashore. Discovering a skiff under the counter, I sent the four remaining prisoners in the boat, and, with my officer, I went on shore to bring the boat off; I asked for protection to the brig of Lieutenant Colonel Scott, who readily gave it; at this moment I discovered a boat, with about forty soldiers, from the British side, making for the brig; they got on board, but were soon compelled to abandon her, with the loss of nearly all their men. During the whole of this morning both sides of the river kept up, alternately, a constant fire on the brig, and so much injured her that it was impossible to have floated her. Before I left her, she had received twelve shot, of large size, in her bends, her sails in ribands, and her rigging all cut to pieces. To my officers and men, I feel under great obligations; to Captain Towson, and Lieutenant Roach, of the second regiment of artillery; Ensign Presstman, of the infantry; to Cornelius Chapin, Mr. John McComb, Messrs. John Tower, Thomas Davis, Peter Overtacks, James Sloan, resident gentlemen of Buffalo, for their soldier and sailor-like conduct; in a word, every man fought with their hearts animated only by the interest and honor of their country. The prisoners I have turned over to the military. The Detroit mounted six six-pound long guns; a commanding lieutenant, a lieutenant of marines, a boatswain and gunner, and fifty-six men; about thirty American prisoners on board; muskets, pistols, and battle-axes; in boarding her, I lost one man, one officer wounded; Mr. John C. Cummings, acting midshipman, a bayonet through the leg; his conduct was correct, and deserves the notice of the Department.