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

Mr. Bigelow said he had no objection to the call for information, divested of the preamble and the opinion expressed in it, except that it did not go far enough. He proposed to amend it by adding thereto the following words, "accompanied with all the evidence in his possession, which will tend to show whether such persons are American citizens or British subjects."

Mr. Bassett said he was indifferent as to the form, provided he obtained the substance; he, therefore, should submit to such modification as the gentleman from North Carolina should think proper to make. But, said Mr. B., as it has been said that there is no information before the House, I state that I understand, and it is my belief, that six men of the crew of the United States brig Nautilus were detained and sent to England for trial; and that Commodore Rodgers had detained as hostages for their safety twelve British subjects. I state also to the House that I understand and believe that six seamen of another armed vessel have been detained, and that General Pinckney had detained a like number of British subjects. I state that I have received information that the boatswain of the Wasp had been put in irons after she was taken. These violations of humanity and the law of nations I believe to require retaliation. When I voted against a bill on this subject (Mr. Wright's) it was not because I was opposed to retaliation. No, sir; retaliation in war is often mercy – it puts an end to those cruelties which would otherwise frequently disgrace parties at war, and is indispensable in the conduct of hostilities.

Mr. B. having withdrawn his motion, it was substituted by the following, offered by Mr. Macon:

"Resolved, That the President of the United States be requested to cause to be laid before this House any information which may be in his possession touching the conduct of British officers towards persons taken in American armed ships."

Mr. Randolph said he trusted that the resolution now before the House would meet with no objection; although against the resolution as first proposed, he must have voted for it, notwithstanding all the odium which might have attached to such a vote. He hoped, he said, that rigorous retaliation would take place if our countrymen found in arms had been treated as criminals and not as prisoners of war. He hoped we should have ample atonement for every drop of American blood which should be spilt in such manner. Having taken occasion to pay a handsome compliment to the gallantry of our Navy, which was not heard with sufficient distinctness to be reported, Mr. R. concluded by hoping there would be no objection to the resolution.

Mr. Milnor said he thought it due to the gentleman from Virginia (Mr. Bassett) to state that, owing to the noise which prevailed in the House, he had not before heard the statement which the gentleman had now been kind enough to make. He had heard of no such case as that alluded to by his colleague; but he trusted he had been sufficiently guarded not to commit himself, even to the most invidious construction, as opposed to a proper investigation of this subject. To the present motion he yielded his perfect acquiescence. Mr. M. said he trusted that in any thing that related to the honor of the country in the contest in which we are now engaged, whatever might have been his opinion of the propriety of entering into it, he should not be found more backward than other gentlemen in sustaining the just rights of the nation.

Mr. Sheffey said, if American citizens had been treated in the manner represented, he was clearly of opinion that severe retaliation ought to follow. But did gentlemen pretend that a British subject, running away from a British vessel, and found on board of one of ours, was to be considered as entitled to be treated as a prisoner of war? Could this doctrine be asserted by any gentleman? He presumed not. The resolution, as it now stood, would not elicit the facts material as to this point. He, therefore, moved to amend it, by inserting, after the word "persons," the words "other than British subjects."

Mr. Seybert said he was happy to hear the declaration last made by his colleague, (Mr. Milnor.) He hoped the amendment first offered would be rejected with disdain. [The Speaker declared that such language was not proper in debate, the expression being too strong, and such as sometimes led to a personal altercation, always to be avoided.] Mr. S. thanked the Speaker for his caution; he meant no personality; but he thought it did not become this House to debate whether the persons in question were British subjects or not, when they had been put in irons for fighting the battles of the country. Let the proof rest on the aggressor on national law and the violator of the rules of war. He hoped the House would without hesitation reject the amendment. I may go too far, said he, by stating too much; but I will say thus much without risk of contradiction: that the boatswain of the Wasp, a warrant officer of the United States, had been twelve years within the United States and has a wife and children here. These, I hope, are sufficient characteristics to insure him our support: I will give him mine, and have no doubt the House will do the same.

Mr. Randolph said that the proposed amendment brought strongly to view the impropriety of the House, on the rude suggestions of any member, committing itself hastily by a definite determination which to-morrow they might be disposed to retract. He believed this was one of those cases in which there was no necessity for haste. The House would be as competent to-morrow, to decide on the subject of the resolution and the proposed amendment, and in a manner to redound, at least, as much to the credit of the House and the national good, as now. With regard to his own opinions, if they were of any importance with his worthy colleague, he would at once say they were on this subject the opinions of that man, from whom he never did dissent but upon one question, without being wrong – that man who was emphatically called for eight years our Commander-in-chief – the founder of this nation – the author of the constitution – our first President – the man who was made for the office, and the office for him – the man who discharged all its duties so perfectly, as if it had been only to show those who come after him their incompetency. Mr. R. said he would ask his worthy colleague, what he supposed would have been the fate of a certain Benedict Arnold, had he been brought alive to the American camp, after his desertion from it? On that subject there can be but one opinion. On another question, if his opinion was of any value, he would state it. It was not a loose thought, taken upon the impulse of the moment; but the result of meditation and reflection. As long as foreigners, naturalized by our laws, remain on our soil, he was ready to throw over them the mantle of the constitution – he would protect them, as he would protect the native citizen, at the hazard of the last shilling of the public revenue, and the last drop of the blood of our people. But, when they go abroad on the high seas; when they come to this country to acquire a neutrality of character, now indeed no longer to be found here; when they come here only to neutralize goods in the Baltic, at Heligoland, in the Black Sea, the White Sea, and the Red Sea, and the passing to and fro on the highway of nations; if it please God, their old master George the Third, or Napoleon, or Alexander of Russia, should lay his hand on them, they were welcome, Mr. R. said, for him. He would not spend one shilling, one drop of American blood, to redeem such a man; much less would he have retaliation executed on subjects of the nation claiming him, with whom we should happen to come in collision, which might have to be expiated by the native blood of these States. I would not, said Mr. R., have the New England man or old Virginian executed by any despot, limited or unlimited in authority, in order to secure to us the worthless property in the man who is a Christian in Christendom and a Mussulman in Turkey. But, Mr. R. asked, did not this question assume a different shape, when this man was not going to and fro on the high seas in search of plunder, which he calls patriotism, but, when he is found in a public ship of war of the United States? On that subject – for it was a new question – he was not prepared to decide. It was not, Mr. R. said, and the House might rely on it, the sentiment of the people of these States – it might be of some comparatively small, and therefore only insignificant section of the community – that we should enter into a contestation with France and England for property in their subjects.

Mr. R. here drew a comparison between the practice of harboring slaves in some of our Northern cities, Philadelphia for instance, and the countenance given in this country to European emigrants. As to these foreigners, Mr. R. said he owed them nothing. He was sorry they had ever found refuge here – he wished he had driven them from our shores – or have permitted, as we have the merchants, to go out where they pleased, without attempting to protect them.

Mr. Quincy rose, he said, simply to express his regret, that a debate in this form and manner should have arisen. The question which had been touched, was one which required all the information and light which could be shed on it. The principles connected with it were so numerous and critical, that it required all the reflection of which gentlemen were capable, to enable them to discuss and decide it in a proper manner. He rose also to express his regret that a motion for amendment should be made by a gentleman with whom he frequently coincided in opinion, which went to exclude information of the manner in which officers treated persons other than British subjects. He could not vote against receiving information of any kind – particularly on a subject so interesting. Mr. Q. was proceeding in his remarks, when —

Mr. Sheffey withdrew his motion.

Mr. Bassett explained his ideas of expatriation. He would not protect the man who had left the country with an intention not to return, &c., but he would protect the man who went out to fight the battles of the country.

Mr. Randolph rose for the purpose of moving an amendment. He adverted to the language of the resolution, and drew a distinction between the character of privateers and of our public armed vessels. Was it competent, he asked, to the Government to receive as testimony the statement of the commander or crew of an American corsair? It was well known, too, he remarked, that the high wages which had been paid to the crews of the privateers, was one of the reasons why the American Navy was in some degree unmanned. And, was it not a different question, whether we should interpose our authority between the subject of a foreign nation and his Government, when that subject is fighting your battles, bleeding on the deck of your public ship, at twelve dollars a month, and when he is decoyed into a corsair by the temptation of eighty, fifty, or forty dollars a month? There is a difference, sir, said Mr. R. I trust, said he, if we receive the information we are about to ask, we shall get it from a pure and authorized source, such as no man can question. I mean the commanders of our public ships of war. Mr. R. concluded by moving to strike out "American," and insert "public," so as to read "public armed ships."

Mr. Widgery expressed his surprise at the various expedients resorted to, to embarrass this question; and hoped this would have the same fate as the other. He said he could tell the gentleman that many privateers had been manned without a cent of wages. But, suppose they had been manned in other ways, were not privateers as useful in annoying the enemy as public ships? No man that knew any thing about maritime affairs would deny it. Whereever our privateers had come across an armed vessel of the enemy, of any thing like equal force, they had done their duty like American tars. We are at war, Mr. W. said, and ought to check the enemy wherever we come in contact with them. He believed the privateering carried on had been of great advantage to us and injury to our enemy. As to the objection which had been offered to receiving the statement of their commanders, what were gentlemen afraid of? No disparagement to the commanders of the navy, (for he respected them all,) he knew gentlemen commanding privateers whose opinions were entitled to as great respect as that of any other, and whose word could not be questioned. In relation to the cases referred to in the resolve, particularly that of the boatswain, Mr. W. said we were bound by every principle of the law of nations to support him to the last cent of our money, more especially as he had a warrant under the seal of the United States. The conduct of our enemy was the less justifiable, as she manned her own ships with people of all nations.

Mr. Randolph's proposed amendment was negatived by a large majority; and the resolution was agreed to without further debate or opposition.

Friday, December 11

Macedonian and 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, the 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 gives 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, a 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, December 11, 1812.

U. S. ship United States, at sea

October 30, 1812.

Sir: I have the honor to inform you that, on the 25th instant, being in the latitude 29° north, longitude 29° 30´ west, we fell in with, and, after an action of one hour and a half, captured His Britannic Majesty's ship Macedonian, commanded by Captain John Carden, and mounting forty-nine carriage guns, (the odd gun shifting.) She is a frigate of the largest class, two years old, four months out of the dock, and reputed one of the best sailers in the British service. The enemy being to windward, had the advantage of engaging us at his own distance; which was so great that, for the first half hour, we did not use our carronades, and at no moment was he within the complete effect of our musketry or grape. To this circumstance, and a heavy swell which was on at the time, I ascribe the unusual length of the action.

The enthusiasm of every officer, seaman, and marine, on board this ship, on discovering the enemy, their steady conduct in battle, and the precision of their fire, could not be surpassed. Where all have met my fullest expectations it would be unjust in me to discriminate. Permit me, however, to recommend to your particular notice my first lieutenant, William H. Allen; he has served with me upwards of five years, and to his unremitted exertions in disciplining the crew is to be imputed the obvious superiority of our gunnery exhibited in the result of this contest.

Subjoined is a list of the killed and wounded on both sides. Our loss, compared with that of the enemy, will appear small. Among our wounded you will observe the name of Lieutenant Funk, who died a few hours after the action; he was an officer of great gallantry and promise, and the service sustained a severe loss in his death.

The Macedonian lost her mizzenmast, fore and main-topmasts, and main-yard, and was much cut up in her hull.

The damage sustained by this ship was not such as to render her return into port necessary; and had I not deemed it important that we should see our prize in, should have continued our cruise.

With the highest consideration and respect, I am, sir, your obedient humble servant.

STEPHEN DECATUR.

Hon. Paul Hamilton.

List of killed and wounded on board the United States

Thomas Brown, New York, seaman; Henry Shepherd, Philadelphia, seaman; William Murray, Boston, boy; Michael O'Donnel, New York, private marine; John Roberts, private marine —killed.

John Mercer Funk, Philadelphia, lieutenant, (since dead;) John Archibald, New York, carpenter's crew; Christian Clark, ditto, seaman; George Christopher, ditto, ordinary seaman; George Mahar, ditto ditto; William James, ditto ditto; John Lawton, ditto, private marine —wounded.

On board the Macedonian there were thirty-six killed, and sixty-eight wounded; among the former, were the boatswain, one master's mate, and the schoolmaster; and of the latter were the first and third lieutenants, one master's mate, and two midshipmen.

New York, November 24, 1812

Sir: I here avail myself of the first opportunity of informing you of occurrences of our cruise, which terminated in the capture of the Wasp, on the 18th of October, by the Poictiers, of seventy-four guns, while a wreck from damages received in the engagement with the British sloop-of-war Frolic, of twenty-two guns, sixteen of them thirty-two-pound carronades, four twelve-pounders on the main deck, and two twelve-pound carronades on the top-gallant forecastle; making her superior in force to us by four twelve-pounders. The Frolic had struck to us, and was taken possession of two hours before our surrendering to the Poictiers.

We had left the Delaware on the 13th; the 16th had a heavy gale, in which we lost our jib-boom and two men; half-past eleven on the night of the 17th, in latitude 37 degrees north, and longitude 65 degrees west, we saw several sail, two of them appearing very large; we stood for them for some time, then shortened sail, and steered the remainder of the night the course we had perceived them on. At daylight, on Sunday the 18th, we saw them ahead; gave chase, and soon discovered them to be a convoy of six sail, under the protection of a sloop-of-war; four of them large ships, mounting from sixteen to eighteen guns. At thirty-two minutes past eleven A. M., we engaged the sloop-of-war, having first received her fire at the distance of fifty or sixty yards, which space we gradually lessened until we laid her on board, after a well-supported fire of forty-three minutes; and although so near, while loading our last broadside, that our rammers were shoved against the side of the enemy, our men exhibited the same alacrity which they had done during the whole of the action. They immediately surrendered upon our gaining their forecastle, so that no loss was sustained on their side after boarding.

Our maintop-mast was shot away between four and five minutes from the commencement of the firing, and falling, together with the maintopsail-yard, across the larboard fore and fore-topsail braces, rendered our head-yards unmanageable the remainder of the action. At eight minutes, the gaff and mizzen topgallant-mast came down, and at twenty minutes from the beginning of the action every brace and most of the rigging was shot away. A few minutes after separating from the Frolic both her masts fell upon deck; the main-mast going close by the deck, and the foremast going twelve or fifteen feet above it.

The courage and exertions of the officers and crew fully answered my expectations and wishes. Lieutenant Biddle's active conduct contributed much to our success, by the exact attention paid to every department during the engagement, and the animating example he afforded the crew by his intrepidity. Lieutenants Rogers, Booth, and Mr. Rapp, showed, by incessant fire from their divisions, that they were not to be surpassed in resolution or skill. Mr. Knight, and every other officer, acted with a courage and promptitude highly honorable, and I trust have given assurance that they may be relied on whenever their services may be required.

I could not ascertain the exact loss of the enemy, as many of the dead lay buried under the masts and spars that had fallen on deck, which two hours' exertion had not sufficiently removed. Mr. Biddle, who had charge of the Frolic, states that, from what he saw, and from information from the officers, the number killed must have been about thirty, and that of the wounded about forty or fifty; of the killed, is her first lieutenant and sailing-master; of the wounded, Captain Winyates, and the second lieutenant.

We had five killed and five wounded, as per list: the wounded are recovering. Lieutenant Claxton, who was confined by sickness, left his bed a little previous to the engagement, and though too weak to be at his division, remained on deck, and showed, by his composed manner of noting its incidents, that we had lost by his illness the services of a brave officer.

I am, respectfully, &c.

JACOB JONES.

Hon. Paul Hamilton.

The Message and documents having been read —

On motion of Mr. Randolph, they were referred to the Committee on Naval Affairs, with instructions to report a suitable expression of the Legislative approbation of the services detailed.

Mr. R. said he did not wish by this motion to limit the committee to reporting a resolution; or to preclude them from expressing approbation in a more substantial manner.

Wednesday, December 16

Navy of the United States

The House resolved itself into a Committee of the Whole, on the bill from the Senate, which had been previously twice read in the House.

Mr. Sawyer made a motion to add the word "teen" to "four," so as to make it fourteen 74 gun ships.

Mr. S. thought it a proper occasion to try the question whether we were to have a navy or not. He took the occasion to congratulate the House upon the repeated victories of our little navy over the enemy; and of the grateful prospect of a speedy termination to the despotism of the seas. National piracy is about to be exterminated, and all nations permitted to traverse their great highway in safety. The thing can be done; and if we say so, with the will of God, will be done. The experiment upon which the proof hangs has been made. British arms cannot withstand American upon the sea. The bully has been disgraced by an infant; and fear shall no longer restrain an abject world from vindicating its long violated rights. Give us but a respectable fleet, and it is all we ask. But what can we do with four seventy-fours? They are a mere mockery. If we do mean to make a serious stand upon the ocean, such a force must be out of all character. If we mean merely to annoy her trade, (and he trusted we meant more,) frigates will do; but, to make any serious impression that way, we must have a respectable fleet; at least, in his opinion, fourteen sail-of-the-line. That would give us a preponderance on our own coast, and enable us to bring in our prizes with safety. Who can bear the idea of our being obliged to burn or sink all the ships we may take away from the enemy, for fear of their being recaptured? He thought we should save enough by the protection they would afford to our prizes to support the expense of them. We can easily support such a force. The expense, distributed over our widely-extended population, would be less than a dollar a head; and, where is the American who would grudge such a sum for such an object? The people, I am confident, will cheerfully pay it, because we are now at war, and a navy is found the most efficient weapon in our hands against the enemy. He therefore trusted that if it was the disposition of the House to have a navy, they would establish such a one as would answer some purpose.

Mr. Seybert said he did not anticipate that the bill from the Senate would have been called for to-day by the Chairman of the Naval Committee; notwithstanding he had bestowed some attention on the subject, he confessed his remarks would be made in a manner not entirely satisfactory to himself; he would, however, proceed with them.