USA > New Jersey > The history of New Jersey : from its earliest settlement to the present time : including a brief historical account of the first discoveries and settlement of the country, Vol. II > Part 34
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In the President's message at the opening of Congress, he had stated that " the aspect of our foreign relations had much changed." The coasts were infested and harbors watched by private armed vessels ; our ships were captured in the very act of entering our ports, and plundered at sea ; their crews were taken out, maltreated, and abandoned. It had therefore been found necessary to equip a force to cruise within our own seas, and bring in the offenders for trial as pirates. Notwithstanding this highly suggestive fact, he persisted in recommending his pet scheme of defence by gunboats, and declared that it was desirable to " have a competent number of gunboats; and the number, to be competent, must be considerable."
The death of Mr. Fox, Prime Minister of England, in Sep-
* J. Q. Adams's " Life of James Monroe," page 264.
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tember, 1806, brought about a change in the British Govern- ment which was far from favorable to the views and policy of the United States. The President had counted upon the good offices of Mr. Fox towards settling existing difficulties and effecting a commercial treaty on more advantageous terms than those of Mr. Jay's treaty. Mr. Canning now became the head of the British Ministry, and the President, early in February, deemed it advisable to furnish Mr. Monroe and his colleagues at London with more explicit instructions on the subject of im- pressments, neutral commerce, blockades, the India trade, and indemnification. On the point of impressments, they were directed to enter into no treaty which did not secure the American citizen against any and every exercise of this odious claim of Great Britain. The despatches were, however, too late ; for on the 31st of December, 1806, a treaty was concluded between the American envoys and the British commissioners appointed to treat with them, but it was not satisfactory to this country ; "besides other objections to it, there were two that were insuperable. These were, that the treaty contained no provision whatever on the subject of impressment; and because it was accompanied with a note from the British Ministers, by which the British Government reserved to itself the right of releasing itself from the stipulations in favor of neutral rights, if the United States submitted to the Berlin Decree, or other invasions of those rights by France."*
This procedure on the part of the President was looked upon as rather high-handed, and gave rise to much excitement in the United States. The commercial classes condemned the rejection of the treaty, and the Federalists loudly complained of the unconstitutionality of the course chosen by the President, while the Republicans stood by him manfully, and justified his course as eminently wise and fitting in the emergency; for, they urged, had the treaty been ratified, on the condition which was affixed to it, it would have pledged the United States to such a coopera- tion with Great Britain against France, as must have ended in hostilities with the one and alliance with the other. Mr.
* Tucker's " Life of Jefferson," Vol. II., page 224.
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Jefferson liked England too little to be concerned in any move- ment of that kind.
The course adopted by the President and his party was re- garded by the British Government as indicating an unfriendly spirit, and there is little doubt that it hastened the progress of international difficulties. The American envoys complained of the manner in which their labors were received, and expressed · their opinion freely, that the treaty was decidedly advantageous to the United States. They were, however, instructed to renew negotiations with the English Ministry, in order to obtain terms more in accordance with those desired by the President; and Mr. Madison, in March, wrote to them explaining more fully the ground they were to take on the several points at issue. Towards the close of July, they attempted to open anew the negotiation, in a note addressed to Mr. Canning; but the diffi- culties connected with the attack upon the Chesapeake sus- pended the correspondence for a considerable time. On the 22d of October Mr. Canning answered the note of Messrs. Monroe and Pinckney, in which he stated that their proposal " for proceeding to negotiate anew, upon the basis of a treaty already solemnly concluded and signed, is wholly inadmis- · sible."*
On the 4th of March, 1809, James Madison was inaugurated the fourth President of the United States. His accession to power took place at a most critical period in our country's history.
The progress of events had been such under Jefferson's ad- ministration, that war with Great Britain seemed inevitable. Not only France, but the great rival of France, entertained very inadequate views of the spirit and energy of the people of the United States, if once thoroughly roused; Jefferson was timid by nature, and well aware that he was not at all adapted
* Mr.'Monroe, finding that nothing further could be effected at the present juncture, returned to the United States in the latter part of the year IS07, leaving Mr. Pinckney in charge of his country's interests at the English court. This latter gentleman, after long-continued but fruitless labors, left England in February, 1811, and returned home .- Spencer's United States, Vol. III. page 92.
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for the Executive chair in time of war, had allowed matters to arrive at such a pass, that it began to be thought that Americans had no spirit whatever, were mere mercenary traffickers, and would submit to any indignities, sooner than enter upon meas- ures of self-defence at the expense of their trade and money- getting opportunities. England had never been satisfied with the result of the Revolutionary War. She had ever since acted in an overbearing, offensive, and unhandsome style towards the growing Republic of the West; and she had put forth claims and assertions which it was impossible for any free people to subinit to and retain its self-respect.
In addition to the causes as already pointed out as leading to difficulties with Great Britain, there were others which tended to the same result. The British Government, from the position of Canada, and the facilities which it enjoyed in consequence, in 1811, paid much attention to the enlisting the Indian tribes in favor of the quarrel which it was urging forward with the United States; and there is every reason to conclude, that British emissaries were actively engaged in fomenting dissensions and complaints which existed among the Indians in the north- west.
On the Ist of June, 1812, Mr. Madison transmitted to Con- gress a confidential message, and as matters had now reached their crisis, he was satisfied something beside talking must now be done, and although he was constitutionally averse to war, and neither by ability nor experience well adapted to be at the head of affairs in times of commotion and excitement such as war would produce, he at once resolved upon his course.
In his message, he says: "British cruisers have been in the continual practice of violating the American flag on the great highway of nations, and of seizing and carrying off persons sailing under it; not in the exercise of a belligerent right, founded on the law of nations, against an enemy, but of a municipal prerogative over British subjects. British jurisdic- tion is thus extended to neutral vessels, in a situation where no laws can operate but the law of nations and the laws of the country to which the vessels belong; and a self-redress is assumed, which if British subjects were wrongfully detained and
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alone concerned, is that substitution of force, for a resort to the responsible sovereign, which falls within the definition of war.
"The practice, hence, so far from affecting British subjects alone, that, under the pretext of searching for these, thousands of American citizens, under the safeguard of public law and of their national flag, have been torn from their country and everything dear to them ; have been dragged on board ships-of- war of a foreign nation, and exposed, under the severities of their discipline, to be exiled to the most distant and deadly climes, to risk their lives in the battles of their oppressors, and to be the melancholy instruments of taking away those of their own brethren."
After enumerating various other grievances, he says: "We behold, in fine, on the side of Great Britain, a state of war against the United States; on the side of the United States, a state of peace towards Great Britain."
This long and able message, so forcibly written, was at once referred to the Committee on Foreign Relations, who entered upon its consideration with great promptitude and energy, who on the 3d of June, set before the House, through their chair- man, Mr. Calhoun, the reasons and causes for war with Great Britain. A bill declaring war ag inst Great Britain was drawn up by Mr. Pinkney, the Attorney-General, and on the 4th of June it passed the House by a vote of seventy-nine to forty- nine. It was immediately sent to the Senate, where it met with very strong opposition, and the debate was carried on hotly and energetically for nearly two weeks. On the 17th of June, having undergone some amendments, the bill passed in the Senate by a vote of nineteen to thirteen. The next day, the House having agreed to the amendments, the bill was sent to the President, who immediately signified his approval, and on the 19th of June he issued his proclamation, announcing the fact that war now existed, and calling upon the authorities, and upon all good citizens, to sustain their country in the measures just adopted to secure her rights and privileges.
That part of the President's message where he speaks of British cruisers violating the American flag on the high seas, relates to the outrage committed by the British ship Leopard
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on the American ship Chesapeake. The latter had proceeded to join the Mediterranean squadron, on the 23d of June, 1807. She had proceeded by one of the British cruisers, the Leopard, a fifty-gun ship; she herself being rated as a thirty-eight, but carrying forty-four guns. Outside the Capes of Virginia, and when about six or eight miles from land, the Leopard came up on her weather-quarter, and hailing, informed Commodore Barron that she had despatches for him. The officer who came from the Leopard, however, only presented Vice-Admiral Berkeley's circular order, and demanded several enumerated deserters. A conference of above half an hour ensued, the American officer standing upon his general orders, and the British Lieutenant endeavoring to carry his point, apparently by the mere prestige of the superior force of his vessel. At length he returned to the Leopard, without obtaining the men; and without any definite understanding with Commodore Bar- ron respecting the next step
Not dreaming of a resort to violence, the Chesapeake was in every respect unprepared for action ; the Leopard, on the other hand, had made her arrangements for attack, and waited only the word of command. Observing this, Commodore Barron and Captain Gordon endeavored hastily to get the gun-deck clear, and ordered the men to their quarters. As soon as the English vessel's boat had returned, the captain hailed the Ches- apeake again ; and, on receiving Barron's reply that he did not understand the hail, a shot was fired ahead of the Chesapeake, and in a few seconds followed by a whole broadside. The confusion on board the American vessel was increased ten-fold by this; the Leopard hailed again and again ; the Chesapeake returning no answer, but vainly striving to get her batteries into fighting order; and for about a quarter of an hour the Leopard poured a heavy fire into her unresisting antagonist,*
* More than a year before, on the 25th of April, 1806, the British ship Leander had fired upon a coasting vessel, near Sandy Hook, killing one of her crew; and drawing from the President a proclamation forbidding the entrance of that vessel, and two others with her, into the waters of the United States, and calling for the apprehension of the Leander's captain. This had excited a very bitter feeling against the British cruisers; but the
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doing great execution. Barron repeatedly desired that one gun at least might be fired, and finding it impossible, ordered the colors to be hauled down; just as one of the Lieutenants, with a coal, which he took with his fingers from the galley, contrived to discharge a gun from the second division of the ship.
Commodore Barron "immediately sent a boat on board the Leopard, to say that the ship was at the disposal of the English captain, when the latter directed his officers to muster the American crew. The three men claimed to be deserters from the Melampus, and one that had run from the Halifax sloop-of- war, were carried away." And as the English captain declined to take charge of the vessel, she returned immediately to Hampton Roads. Three of the Chesapeake's men were killed, and eighteen wounded, the Commodore being amongst the latter ; and the injuries done to hull, masts, and rigging, were very great. The single ball fired from her, hulled the Leopard, but did no further harm. The four men taken from the Chesa- peake were tried at Halifax, and the deserter from the sloop was hung ; the others were reprieved, on condition of entering the British service.
This unprovoked assault having reached the President, he issued a proclamation on the 2d of July, in which, after reciting the outrage, he interdicted all armed vessels bearing commis- sions from Great Britain from the harbors and waters of the United States, and forbid all supplies to them and all inter- course with them on pain of the law. There was an exception in favor of vessels in distress, or conveying despatches.
Commodore Barron was tried by a court-martial, and sus- pended for five years, without pay or emoluments. Captains Gordon and Hall were privately reprimanded ; and the gunner of the Chesapeake was cashiered. On the other hand, the British Government lost no time in disavowing the act of their over-zealous officials: Berkeley was recalled from the North American station ; the captain of the Leopard was never after-
outrage upon the Chesapeake raised the spirit of most of the nation to the highest pitch of indignation .- Spencer's History of the United States, Vol. III., page 93.
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wards employed ; two of the negroes, taken as deserters from the Melampus, and claimed as citizens of the United States, were given up; the other (who was a South American by birth) had died. Little effect, however, was produced by these at- tempts at conciliation, and had the Government been in other hands than Mr. Jefferson, a declaration of war not improbably would immediately have ensued, for the indignation excited by this invasion of national rights, heightened no doubt by the feeble resistance made by the Chesapeake, pervaded every part of the community ; and in city, town, and country, there were meetings expressing their keen resentment; tendering their support to the Government, in all measures of retribution, and in the meantime, discontinuing every sort of intercourse with British ships-of-war. On this question all parties cordially cooperated without distinction ; "and the country," as Mr. Jefferson properly observed, "had never been in such a state since the battle of Lexington." *
On the 9th of January, 1812, Samuel Pennington, representa- tive from the County of Essex, introduced into the House of Assembly of this State, the following resolutions :
" Whereas, in cases of great national concern, involving in their consequences the interests, the rights, and the welfare as well of the present as of future generations; it cannot fail to be useful and acceptable to those entrusted with the National · Government to be made acquainted with the deliberate opinion of every portion of the Union. The members of the Legislature of New Jersey, at this momentous crisis in our national concerns, think it a duty incumbent on them publicly to express, as well the sense of the Legislature, as the known feelings and senti- ments of the citizens of the State they represent.
" In contemplating the convulsive struggles that have within the last twenty years broken up the governments, overturned the ancient landmarks, and carried disorder and distress into almost every quarter of the European world; the citizens of New Jersey have surveyed the destructive progress of this war of ambition on the one side and of mercantile monoply on the other, not only as men commiserating the sufferings of others,
* Tucker's "Life of Jefferson," Vol. II., pages 236-37.
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but with a view to the consequences on the safety and happiness of America. The anxious solicitude manifested by the general Government to observe an impartial neutrality in relation to the belligerent nations, has at all times met the decided approbation of the Government and citizens of New Jersey.
" It was confidently hoped that this line of conduct would have secured to our country the complete observance of the acknowledged laws of civilized nations, or at least have pro- tected the persons and property of our citizens from outrageous violence. It was, therefore, not without emotions of astonish- ment and indignation, that they saw the two great belligerent European powers * set at defiance the public law of nations by commencing a wanton unprovoked attack upon the property and persons of our citizens on the high seas. This indignation was increased by the insults offered to an enlightened nation in the pretexts assigned as the causes of this violence. The danger and impolicy of waging war against all Europe at once, justified by the general government, of remonstrance, negotiation, and commercial restrictions. It has now become a subject of some consolation, that one of the great belligerent nations has receded from her hostility, ceased to violate our neutral rights, made assurance of amity and the observance of the laws of nations, and thereby left America a single antagonist to contend with- one against whom she has already measured her strength.
"In contemplating the evils inflicted on our country by Great Britain, the Legislature of New Jersey disclaim bringing into the calculation the injuries suffered in the Revolutionary War, these having been magnanimously buried in the treaty of 1783. Nor do they take into account the alleged instigation of the savages to hostilities on our frontier settlements, the facts not being officially ascertained and declared ; they leave out also the insult to the American flag in the attack on the Chesa- · peake frigate, that having been amicably adjusted ; nor would they at this time think proper to complain of the refusal of Great Britain to accede to the desires of the civilized world, of ameliorating the evils of war, by adopting as a rule, that free ships make free goods. Even if the controversy between the
* England and France.
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two countries arose solely out of the interruption of our carrying trade, although they consider that trade founded on a perfect indisputable right which ought never to be yielded by treaty, yet policy might suggest the propriety of sleeping over the injuries arising from the deprivation of the exercise of this right for a time.
" But the two following causes of complaint on which America and Great Britain are at issue, are of so unquestionable a nature as to leave no doubt or hesitation on the mind. First, the abominable practice of impressing native American seamen, while in the pursuit of lawful commerce, forcing them on board heir ships-of-war, and compelling them, under the lash, to fight against nations with whom we are at peace, and even against their own country. Second, the depredations committed on the legitimate commerce of America, it being now openly avowed by the British Government, that an American built ship, owned by citizens of the United States, navigated by native American seamen, laden with goods the growth and manufacture of the United States, not contraband of war, bound to a belligerent port, which is neither invested nor blockaded, is subject to the orders of the British Government to seizure and condemnation, both ship and cargo; the ruin of individuals, and the destruction of commerce, evidence the rigid execution of these orders.
"This flagitious conduct of the rulers of Great Britain needs no comment; it is too notorious to be denied, too pal- pable to be susceptible of explanation, and too atrocious for palliation or excuse. The answers to the reasonable remon- strances of our government have only added insult to injuries, by assuming positions at variance with reason, justice, and the public law; in consequence of which, further negotiation becomes idle and vain. It only remains for the constituted authorities of the Union to guide the destinies of a numerous, brave, and powerful nation, by marking out its future course. That in doing this, they may rely with confidence on the support of New Jersey, be it resolved by the Legislative Coun- cil and General Assembly of the State of New Jersey; that at this important crisis in our national concerns, the Government
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of New Jersey entertain a full and perfect confidence in the wisdom and integrity of the President, the Senate, and House of Representatives of the United States of America; and here- by most solemnly assure the national government, that New Jersey will readily accord in any measures, which it may in its wisdom think proper to adopt for the redress of national wrongs. That they cordially approve the recommendation of the President of the United States to both Houses of Congress, admonishing them to put the nation in armor. That in case the government of the United States shall eventually determine to resist by . force the lawless aggressions committed by the British nation on the persons and property of our citizens, this Legislature, in behalf of themselves and the citizens of New Jersey, whose representatives they are, pledge themselves to the nation, to render to the general Government all the aid, assistance, and support in their power, and will with readiness perform all the duties required of them in the prosecution of a war undertaken for the common defence and general welfare."
These, after considerable debate, were adopted by the House, with two others authorizing copies to be sent to the President of the United States, and to each of our Senators and Repre- sentatives in Congress. The resolutions were sent to the Coun- . cil, and on the 17th concurred in by that body.
Thus New Jersey, five months before war was formally declared placed herself on the record in favor of war.
The next Legislature, on the 9th of November of the same year, passed resolutions deprecating the war; but they also resolved, that so long as it shall be the unhappy fate of our country to be involved in war, the people and Legislature of New Jersey will perform all their constitutional duties, em- bracing all the just means in their power to preserve the Union, deiend the State, and advance the safety and honor of their country.
On the 16th of November a general order was issued requiring all uniformed companies, whether of cavalry, artillery, light- infantry, or riflemen, within this State, to hold themselves in readiness to take the field upon a short notice; and to make returns of the present state of their companies, both as to men and munitions.
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In response to this, returns were received from sixteen troops of cavalry, amounting to six hundred and forty-four; eleven companies of artillery, amounting to three hundred and six; thirty companies of light infantry, amounting to eleven hundred and ten; and seven companies of riflemen, amounting to three hundred and ten, all exclusive of officers, making a total amount of two thousand three hundred and seventy.
There were several other companies of cavalry, artillery, and infantry, within the State, from whom no returns had been received up to January 31st, 1813, which would swell the whole amount of militia to about three thousand.
These signified a general readiness and anxiety to comply with the wishes of the Commander-in- Chief, to take the field in defence of the State; but they one and all declared that their arms and munitions of war were wholly deficient for active service.
Notwithstanding the numerous insults this country had received from England, when the bill came up in the House of Repre- sentatives it did not meet with a unanimous support. Of the seventy-nine members of the House who voted for the declara- tion of war, forty-six resided south, and thirty-three north of the Delaware; of the nineteen Senators who voted for the war, fourteen resided south and five north of the Delaware. New England opposed the war; Massachusetts (including Maine), New Hampshire, Rhode Island, and Connecticut, with a large part of New York, and the majority of New Jersey deprecated hostilities ; the West and South, with the large central States of Virgina and Pennsylvania, warmly supported the declaration ; Vermont was the only New England State in favor of the war.
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