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

The question on the insertion of the eighth day of June as the day of reassembling of the two Houses, was decided as follows:

Yeas. – Messrs. Bradley, Condit, Crawford, Dana, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Lloyd, Pope, Reed, Robinson, Smith of New York, Turner, and Worthington – 18.

Nays. – Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Cutts, Gaillard, Giles, Howell, Leib, Smith of Maryland, Tait, Taylor, and Varnum – 13.

So the motion was carried.

Wednesday, April 29

Maritime Defence

Mr. Pope asked and obtained leave to bring in a bill more effectually to protect the commerce and coasts of the United States; and the bill was read, and passed to the second reading.

Tuesday, June 9

Rhode Island Resolutions

Mr. Hunter presented the resolutions of the Legislature of the State of Rhode Island and Providence Plantations, instructing their Senators and Representatives in Congress, to use their endeavors to avert the evils of war, to put our maritime frontier in a state of defence, and for the repeal of the embargo and restrictive system; and the resolutions were read.

New York Memorial

Mr. Smith of New York, presented the following petition of sundry inhabitants, merchants, and others, of the city of New York, praying that the embargo and non-importation laws be continued as a substitute for war against Great Britain:

To the honorable the Senate and House of Representatives of the United States of America in Congress assembled, the memorial of the subscribers, merchants, and others, inhabitants of the city of New York, respectfully showeth:

That your memorialists feel, in common with the rest of their fellow-citizens, an anxious solicitude for the honor and interest of their country, and an equal determination to assert and maintain them.

That your memorialists believe that a continuation of the restrictive measures now in operation will produce all the benefits while it prevents the calamities of war. That when the British Ministry become convinced that a trade with the United States cannot be renewed, but by the repeal of the Orders in Council, the distress of their merchants and manufacturers, &c., their inability to support their armies in Spain and Portugal, will probably compel them to that measure.

Your memorialists beg leave to remark, that such effects are even now visible; and it may be reasonably hoped that a continuance of the embargo and non-importation laws a few months beyond the fourth day of July next, will effect a complete and bloodless triumph of our rights.

Your memorialists therefore respectfully solicit of your honorable body the passage of a law continuing the embargo, and giving to the President of the United States power to discontinue the whole of the restrictive system on the rescinding of the British Orders in Council.

The conduct of France in burning our ships, in sequestrating our property entering her ports, expecting protection in consequence of the promised repeal of the Berlin and Milan decrees, and the delay in completing a treaty with the American Minister, has excited great sensation, and we hope and trust will call forth from your honorable body such retaliatory measures as may be best calculated to procure justice.

• John Jacob Astor

• Samuel Adams

• Howland & Grinnell

• E. Slosson

• Israel Gibbs

• Isaac Clason

• John Slidell

• John K. Townsend

• Andrew Ogden & Co.

• Thomas Storm

• Amos Butler

• Ebenezer Burrill

• Isaac Heyer

• Ralph Bulkley

• Samuel Bell

• John F. Delaplaine

• Peter Stagg

• David Taylor

• Abraham Smith

• Thomas H. Smith, jr.

• Andrew Foster

• Jacob Barker

• William Lovett

• William Edgar, jr.

• Samuel Stillwell

• Jacob P. Giraud

• John Hone

• John Kane

• Amasa Jackson

• William J. Robinson

• Joseph Strong

• Abraham S. Hallet

• Joshua Jones

• Frederick Giraud, jr.

• Robert Roberts

• John Crookes

• William Adee

• John T. Lawrence

• Joseph W. Totten

• Isaac Schermerhorn

• Alexander Ruden

• Joseph Otis

• Lewis Hartman

• Garret Storm

• George Bement

• S. A. Rich

• Hugh McCormick

• John Depeyster

• Gilbert Haight

• James Lovett

• Leffert Lefferts

• Augustus Wyncoop

• John W. Gale

• Thomas Rich

• Samuel Marshall

• Elbert Herring.

After the memorial had been read,

Mr. Taylor said, that the respectability of the subscribers to a petition presented to this body, and the importance of the matter therein contained, had, on various occasions, been used as inducements to us to give such petition a respectful disposition in the course of our proceedings. He recollected a case in point. It was the case of the petition of an eminent merchant of Massachusetts, presented by an honorable Senator from that State, and which at the suggestion of that honorable gentleman was, by the Senate, ordered to be printed. He was of opinion that the petition just read ought not to be treated with less attention. That he had seen the petition, and had inquired into the character of its subscribers – and had been informed that the fifty-eight signers to it were among the most respectable, wealthy, and intelligent merchants of the city of New York. There are to be found in that list the names of two presidents of banks; three presidents of insurance companies; thirteen directors of banks: besides other names of pre-eminent standing in the mercantile world. They had all united in the sentiments contained in the petition, notwithstanding that there existed among them a difference in political opinions – for he understood that of the petitioners forty-two were federal and sixteen republican. Mr. T. added, that he considered some of the sentiments contained in the petition as of the highest importance. He hailed it as an auspicious occurrence, that these honorable merchants, in praying that the evils of war might be averted from them and from the nation, had nevertheless held fast to the principle of resistance to the aggressions and unhallowed conduct of Great Britain towards our nation – and had exercised the candor and firmness to bear testimony to the efficiency of the restrictive system for obtaining a redress of our wrongs, and of course to the integrity and honor of those who had imposed this system for that purpose. He hoped that the example of these petitioners would tend to counteract those strenuous and unremitting exertions of passion, prejudice, and party feeling, which had attempted to stamp upon the majority in Congress the foul and unjust censure of being enemies to commerce. That, however unfashionable and obstinate it might appear, he still believed that the embargo and non-importation laws, if faithfully executed, were capable of reaching farther than our cannon. We were at this very time tendering an urgent argument, to be felt by each city, village and hamlet in England. This touching to the quick the vital interests of that empire, would demonstrate to the people at least the folly and absurdity of the Orders in Council. The ordeal of the twenty weeks of scarcity, which the people of that unhappy country are undergoing, to relieve which, but for the madness and folly of their rulers, every yard of American canvas would be spread to the gales: the thousands of starving manufacturers thrown out of employ for want of our custom, which custom, but for the injustice of their masters, we were willing to give, now feel the efficiency of the restrictive system. These matter-of-fact arguments want no sophistry nor long speeches to give them weight. But Great Britain is proud, and will never yield to this sort of pressure. Hunger has no law. Where was her pride during the last year when she exported to her enemy on the continent more than eleven millions of pounds sterling for provisions; and meanly truckling to her enemy, consented to buy the privilege of laying out her guineas for bread; and actually submitted on the compulsion of Napoleon to buy the wines, brandies, and silks of France, which she did not want! This restrictive system, when commenced under the former embargo law, encountered every opposition among ourselves, which selfish avarice, which passion and party rage could suggest; and so successful were its assailants that while it was operating with its fullest effects, (which the prices current of that day will show,) some of its greatest champions in the National Legislature abandoned it – yes, sir, in the tide of victory they threw down their arms. How were the mighty fallen, and the shield of the mighty vilely cast away! The disavowal of Erskine's arrangement was the consequence of this retreat. But it may be said that the sentiments in their petition were extorted by the apprehension of a greater evil – war. In all our trials, those who had not predetermined to submit to Great Britain must have anticipated this alternative. Let those who by their acrimony, sneers, and scoffs, have thrown away this chief defence of our nation, be held responsible for the compulsion they have imposed on us to take this dire alternative. He said that although he was unwilling to abate a single pang which we might legally inflict upon our enemy, and might at the proper time oppose any thing like the swap proposed of one system for another, when we had the power and the right to impose upon our enemy both the one and the other, he nevertheless thought the petition was deserving of the attention which he now moved it should receive. He moved that the petition should be printed.

The motion was agreed to; and the Senate then adjourned.

Thursday, June 11

General Wilkinson's Accounts

The Senate resumed the consideration of the resolution reported by the committee on the memorial of General James Wilkinson, which is as follows:

Resolved, That the proper accounting officer of the Department of War be directed, in the settlement of General Wilkinson's account, to place to his credit the sum of four thousand and thirty-six dollars seventy-seven cents.

And the resolution was agreed to, and recommitted to the original committee, with instruction to bring in a bill accordingly.

Friday, June 12

Massachusetts Memorial

Mr. Lloyd presented a resolution of the House of Representatives of Massachusetts, passed June 2d, instant, expressing their opinion "that an offensive war against Great Britain, under the present circumstances of this country, would be in the highest degree impolitic, unnecessary, and ruinous;" also, a memorial of the said House of Representatives, passed by a majority of one hundred and sixty-six, on the same subject; and the resolution and memorial were read, and ordered to be printed for the use of the Senate.

They are as follows:

Commonwealth of Massachusetts:

In the House of Representatives,

June 2, 1812.

Resolved, As the opinion of this House, that an offensive war against Great Britain, under the present circumstances of this country, would be in the highest degree impolitic, unnecessary, and ruinous; that the great body of the people of this Commonwealth are decidedly opposed to this measure, which they do not believe to be demanded by the honor or interests of the nation; and that a committee be appointed to prepare a respectful petition to be presented to Congress, praying them to arrest a calamity so greatly to be deprecated, and, by the removal of commercial restrictions, to restore, so far as depends on them, the benefits of trade and navigation, which are indispensable to the prosperity and comfort of the people of this Commonwealth.

TIMOTHY BIGELOW, Speaker.

Thursday, June 18

Injunction of Secrecy on War Measures removed

The injunction of secrecy thereon having been removed, on motion, by Mr. Anderson, twelve hundred copies of the confidential Message of the President of the United States of the first of June instant, were ordered to be printed for the use of the Senate.

Certain confidential proceedings of the Senate, since first June, are as follow, the injunction of secrecy having been removed:

Monday, June 1, 1812

A confidential Message was received from the President of the United States, as follows:

[For this Message, see the Supplemental Journal of the Proceedings of the House of Representatives, under the date of June 1, 1812, post.]

Friday, June 5

Declaration of War against Great Britain

A confidential Message was received from the House of Representatives, by Messrs. Macon and Findlay, two of their members – Mr. Macon, chairman:

Mr. President: The House of Representatives have passed a bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories;" in which they ask the concurrence of the Senate; and request that the bill be considered confidentially.

An act declaring War between Great Britain and her Dependencies, and the United States 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 Great Britain and her Dependencies, and the United States and their Territories; and that the President of the United States 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 Great Britain, of its subjects, and of all persons inhabiting within any of its territories or possessions.

On motion, the bill was twice read by unanimous consent; and, on motion by Mr. Leib, it was referred to the committee appointed the 1st instant, on the confidential Message of the President of the United States of the same date, to consider and report thereon.

Tuesday, June 9

On motion by Mr. Anderson, the bill entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," was considered as in Committee of the Whole. Mr. Gaillard was requested to take the Chair; and, after debate, a motion was made by Mr. Gregg, that the bill be recommitted, for further amendment, to the committee who have under consideration the Message of the President of the United States of the 1st June. And, after debate, the President resumed the Chair, and the Senate adjourned.

Wednesday, June 10

Mr. Gaillard was requested to take the Chair.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories."

Mr. Gregg, by permission, amended his motion for recommitting the bill to the committee appointed on the confidential Message of the President of the United States, of the 1st of June, as follows:

Resolved, That the bill entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," be recommitted to the committee to whom was committed the Message of the President, of the 1st instant, with instructions to modify and amend the same, in such manner that the President of the United States shall have power to authorize the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof; and also to grant letters of marque and reprisal, under suitable regulations, to be provided in the bill, to private armed ships and vessels to make like reprisals.

Thursday, June 11

Mr. Gaillard was requested to take the Chair.

On motion by Mr. Anderson, the bill from the House of Representatives, entitled "An act declaring war between Great Britain and her Dependencies, and the United States and their Territories," was resumed, and considered as in Committee of the Whole, together with the motion yesterday submitted by Mr. Gregg; and on the question to agree to the motion, it was determined in the affirmative – yeas 17, nays 13, as follows:

Yeas. – Messrs. Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Reid, Smith of New York, and Worthington.

Nays. – Messrs. Anderson, Bibb, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Pope, Smith of Maryland, Tait, Taylor, Turner, and Varnum.

Whereupon, Mr. Crawford resumed the Chair; and, on motion by Mr. Anderson, it was ordered that the committee to whom this bill is recommitted have leave to sit immediately.

Friday, June 12

Reprisals on British Commerce

Mr. Anderson, from the committee to whom was recommitted the bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," with instructions to modify and amend the same, in such manner that the President shall have the power to authorize the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United Kingdom of Great Britain and Ireland, and to the subjects thereof; and also to grant letters of marque and reprisal, under suitable regulations, to be provided in the bill, to private ships and vessels to make reprisals, agreeably to said instructions.

Saturday, June 13

Declaration of War

Mr. Gaillard was requested to take the Chair; and on motion, by Mr. Anderson, the consideration of the bill, entitled "An act declaring war between Great Britain and her Dependencies, and the United States and their Territories," was resumed, as in Committee of the Whole; and having agreed to sundry amendments, the President resumed the Chair; and Mr. Gaillard reported the bill with amendments, which were considered in Senate and agreed to.

A motion was made by Mr. German, to postpone the further consideration of the bill to the first Monday in November next.

Mr. German addressed the Chair as follows:

Mr. President: I made the motion to postpone the consideration of the bill now before us, from a conviction that it will be extremely injurious to the country to pass it at this time. I feel, sir, that the State I have the honor to represent has a peculiar interest in the event of this question; and I also feel the weight of the interest which the nation at large has at stake, in the event of the passage of this bill. I therefore consider it a duty I owe my constituents, to use every reasonable exertion in my power to prevent the object of that bill, until the country is better prepared to carry it into effect.

As I presume the war, if declared, is intended to be an offensive one, I will, to establish the propriety of my motion, take a general view of the situation of this country; of its means to carry on offensive operations, as well as to defend itself, and of the situation and relative strength also of the country we are required to make war upon.

I am ready to allow, Mr. President, that both Great Britain and France have given us abundant cause for war; on this occasion, therefore, I shall dispense with using any argument which might serve to show, that if we were even in a state of preparation, and possessed the means of insuring a favorable issue, it would be bad policy for this country, at the present time, to enter into war with Great Britain, although perhaps many weighty reasons might be adduced in support of such argument.

I will first call the attention of the Senate to the ability and strength of the nation we are about, by this bill, to declare war against. Gentlemen ought to recollect, that Great Britain has been almost constantly engaged in war for twenty years past against one of the most powerful nations that ever existed; and for a considerable part of that time, the energies of her enemy have been directed by war's favorite genius – Napoleon, who has succeeded in uniting nearly the whole force of the Continent of Europe against her: against that very nation which we are about to assail; and what has been the effect? Is Great Britain less powerful now, than she was twenty years ago? No, sir, this constant warfare has increased her powers instead of diminishing them. At the commencement of the war, France was nearly her equal on the ocean, and several other nations of Europe maintained a powerful naval force. But what is their situation at present? Has not Great Britain driven them all from the ocean? And does she not remain sole mistress? I ask gentlemen, if her ability to carry on a distant war by land or sea, has diminished? The answer must be that it has increased with her navy, and extended with her dominion. Great Britain now commands the strength and resources of most of the West India Islands, and many of the islands in the Indian Ocean. She controls the destinies of more than thirty millions of people on the Continent of Asia. And she has, at this time, or will have, if we engage in a war with her, the exclusive benefit of the trade of the world; and under these circumstances possesses the ability to carry on a war in distant countries across the ocean, beyond any nation ever heard of.

These considerations, Mr. President, lead me to the view of our situation and means of defence, and of our ability to carry immediate war into the colonies of Upper and Lower Canada. I will first consider the situation of our maritime frontier, beginning at New Orleans, and examine the situation of that place. We learn from the War Office that there is little rising of one hundred regular troops stationed near the city for its defence. Now I will ask any gentleman if that paltry force is sufficient for that object; and if it will not be in the power of the British to take possession of that city within sixty days after your declaration of war against them? If gentlemen calculate on the goodness and forbearance of the enemy, I think they will be deceived. Great Britain is a wily, active nation. She has been trained to war. She will not measure her steps and movements by ours; if we are not prepared to defend our seaports, she will not wait until we are; and should she get possession of New Orleans, it will cost much blood and treasure to dislodge her. Passing northerly along our coast, let us see what is the situation of our most valuable cities. Charleston and Norfolk, as well as many other places of less consequence, are found exposed to maritime attacks. And when we reach the city of New York (the nation's great emporium of trade) do we, on viewing its situation, and strength of the public works for its defence, find it in a perfect state of security? No, sir, unless the greatest part of your frigates are stationed there, to aid your fortifications, and gunboats, it will fall a prey to the enemy. It can be assailed by a small fleet, with every prospect of success. The only resistance they would meet with would be in passing the fortifications on Staten Island, and perhaps a few shots from Bedlow's and Ellis's Islands. They might soon place themselves abreast the works at the upper end of the city, the weakest of them all. And I have no doubt two seventy-fours might silence this work in twenty or thirty minutes. They would then meet with no other resistance than from travelling guns on the shore and from the docks. The result would probably be, that the city would be set on fire, or a contribution extorted from its inhabitants. I will now pass on to Rhode Island. Does the prospect of security there flatter us? No, sir. I am told by competent judges that nothing short of a force of from three to five thousand men can defend that island. Boston, it is said, can be defended, and is, perhaps, the only secure place of considerable consequence on the seaboard. In viewing the situation along the province of Maine, and our northern frontier up the river St. Lawrence, and the Lakes to Fort Malden, and from thence to the Mississippi, do we not find almost every point and place where there are inhabitants, subject to the incursions of the enemy? Have they not more troops on and near the line than we have? Yes, sir, they have ten to our one, and a militia which the Government of Canada have been fully vigilant in training. I understand that ever since the prospect of war began to thicken in the political horizon, they have trained their militia three or four times a month, and have paid them daily wages for their services. Not so, sir, with our militia – they have, it is true, been called into the public service to do the duty of regular troops; and what is now their situation? Sixteen hundred of the militia of the State of New York have been ordered into public service, on the frontiers of that State, and have, as I am informed, marched to their place of destination. There we find exhibiting a spectacle that would wound the feelings of the most callous man —without hats, without blankets to cover them, without camp-kettles to cook the miserable provisions furnished them by the Government contractors or any one necessary for camp equipage. Their officers with the utmost difficulty preventing their marching home for self-preservation. Here, Mr. President, I wish to call the attention of the Senate to the propriety and constitutionality of calling out this detachment of militia at a time when no enemy menaced an invasion. The constitution only authorizes the General Government to call out the militia to suppress insurrection, enforce the laws, and repel invasion. And I would ask whether either of these events had happened when this corps of militia were ordered out? No. It is well known that no such emergency existed. But they have this miserable consolation, that they are to receive six dollars and two-thirds a month for their services, finding their own clothes, arms and accoutrements. I do not mention these things with a wish to discourage the militia from serving their country when necessary, nor do I believe defending them in their constitutional rights will have that effect, for I am fully aware that there is no class of citizens more patriotic or willing to defend their country than they are, and will be so found when the safety of it shall really demand their services.