USA > New York > New York City > New York city and vicinity during the war of 1812-15, being a military, civic and financial local history of that period, Vol. I > Part 25
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There were, however, many vessels idle. The number of ships and brigs out of employ, laid up and dismantled in New York city, at the Hudson river docks and piers on September 27, 1813, was one hundred and twenty-two, besides eighteen sloops and schooners.
We have already seen how active the fitting out of privateers from New York was in 1812. It con- tinued until July, 1813, when the port was more closely blockaded as to neutral trading vessels. It still continued, but most of them put to sea by sail- ing through Hell Gate and Long Island Sound, in disguise, where the enemy's vessels were also on the alert for them.
Privateering had also somewhat 'languished be-
* According to the cartel existing as to the exchange of prisoners non-combatants engaged in peaceful pursuits could not be taken as prisoners (ante, p. 284). This did not apply to citizens of France with whom England was then at war.
384
OWNERS OF PRIVATEERS
cause of the high custom duties upon goods brought into American ports hy privateers and also that prizes, when condemned, must be sold by the marshal and the proceeds deposited in the hands of the clerk of the court, to be by him distributed. After paying wharfage and other expenses, besides the marshal's and clerk's commissions, which amounted to one and a quarter per cent each, and the invalid fund of two per cent more, and the cus- tom duties on the goods, which were often one hundred per cent, left very little for the owners, officers and crews of privateers.
In the winter of 1812 a memorial was presented to Congress specifying the evils then existing under the law and practice in the city of New York, ask- ing for and suggesting such changes as would be to the ultimate advantage of the government in the encouraging of the fitting out of privateers. This memorial was subscribed by the owners and agents of twenty-four private armed vessels fitted out of the port of New York and was also signed by a large number of merchants and other prominent citizens.
Thomas Farmar and Thomas Jenkins were the first signers. While the matter was before the committee of ways and means in Congress, John Ferguson and John L. Lawrence, both of them ac- tive lawyers in New York, placed before them an account of the proceeds of the schooner Venus and cargo, captured by the privateer Teazer, and adjudi- cated upon in the prize court in New York city and a statement of the cost of the privateers Gen- eral Armstrong and Governor Tompkins, and letters from several privateer agents as to the effect of the existing laws.
385
PETITION CONGRESS.
The memorialists recommended that provision be made by law:
For reducing duties on prizes;
For delivering the prize property, on condemna- tion, to the captors to be by them disposed of and distributed ;
For shortening the time necessary to procure condemnation ;
For limiting the fees of the officers of the prize courts to a certain sum; and
For authorizing prize owners or their agents to order prizes arrived in one port to be taken to any other port at their discretion, at any time before the actual libeling of such prizes.
The petition concluded as follows :
"Your memorialists are convinced that such legal provisions aiding and encouraging the patriotic spirit of our citizens, will soon cover the ocean with an active hostile armament, which no vigi- lance can elude, and from which no force, however great, can effectually protect."
About the same time a number of citizens in Baltimore, Md., presented a memorial asking for a modification of duties on goods brought in by pri- vateers, and also changes in the law and practice as to the condemnation, etc., of prizes.
The old Congress, which expired on March 3d, 1813, took no notice of the memorials, but the new Congress made some modifications and changes to encourage privateering.
In July, 1813, a law was passed by the latter giv- ing a bounty of $25 to privateers for each prisoner captured, and in August another law was passed granting pensions, etc., to those in the privateer
386
NAVAL FORCES
service, the same as those in the navy. Another law was also passed reducing the duties on prize goods to one-third less than payable on goods im- ported in any other manner.
Although these laws greatly encouraged priva- teering they came too late to help New York city, which was then closely blockaded. In September following the privateer Governor Tompkins was sold at auction in New York for $14,500 ; her cost a year before was $20,000.
The number of the enemy's cruisers and priva- teers and the chances of capture by them before or after a prize was obtained, as well the blockade of so much of the American coast, all tended to dis- parage new privateering expeditions from New York.
The enemy had sufficient naval force on the American stations to effectually blockade the ports on the entire coast had they desired to do so.
At the end of September, 1813, the British had seventy-one war vessels at the Halifax and New- foundland stations, besides those on blockade duty on the American coast. The number at the West In- dies station and on the passage there were sixty-eight vessels more. In South America twenty-eight more vessels. All these were evidently intended for service against the United States at some future time. *
* The force in guns of British war vessels was commonly several more than rated, and the size and location of guns on vessels often varied according to circumstances.
They were generally mounted with the following number and size of guns :
A "74"-gun deck, 28 32-pounders; upper deck, 28 18-pounders; quarter deck and forecastle, 18 9-pounders.
387
OF THE ENEMY.
When the first blockade of any American ports was declared (ante, p. 218), it only included "the ports and harbors of the Bay of Chesapeake and of the River Delaware." A large number of li- censed American vessels that attempted to enter them were seized and confiscated by the enemy. While at sea an American vessel having a British license to any port not blockaded was protected from British privateers as well as war vessels. A neutral vessel having a license to a blockaded port was not allowed to enter, but was allowed to seek a port not blockaded.
One reason why the blockade of American ports was not sooner declared was, that by the maritime law a blockade abrogated all licenses to trade; if otherwise, the blockade was to be deemed broken and neutral vessels could enter and depart without molestation. Hence, also, the reason why the ports of New England were not declared blockaded was because the enemy wished to use them for licensed vessels as long as needed to furnish such food and other supplies from America as were of great value
A " 64"-gun deck, 26 24-pounders ; upper deck, 26 18-pound ers ; quarter deck and forecastle, 12 9-pounders.
A " 50"-gun deck, 22 24-pounders; upper deck, 22 12-pound- ers ; quarter deck and forecastle, 6 6-pounders.
A " 44"-gun deck, 20 18-pounders; upper deck, 20 9-pound- ers; quarter deck and forecastle, 6 6-pounders.
A " 32 "-gun deck, 26 12-pounders; quarter deck and forecastle, 6 6-pounders.
A "28-gun deck, 24 9-pounders ; quarter deck and forecastle, 4 3-pounders.
A "20"-gun deck, 20 9-pounders.
A " 14"-gun deck, 14 6-pounders.
For the number of men in the navy and each kind of vessel, see ante, pp. 81, 188. For the size of bore of cannon, see ante, p. 75.
388
BRITISH LICENSES.
to the British on account of the extensive wars in Europe.
These licenses, as before stated (ante pp. 83, 120, 219, 277), were granted to American or neutral ves- sels sailing to or from a neutral port or to or from an American port and were good for a return voy- age. The effect of this was to evade the non-im- portation and non-exportation laws of Congress, as well as the laws against intercourse with an enemy.
Such commerce evidently tended to frustrate some of the principal objects of the war. Forged licenses were also freely used. After being before Congress several months on the 29th day of July, 1813, an act of Congress was passed forbidding all persons from obtaining, using or selling such licenses, on penalty of fine or forfeit. Any vessel found sailing under such license was to be considered as sailing under the British flag and to be proceeded against as lawful prize.
Many attempts were made in Congress to pass a law prohibiting an American vessel from sailing under a British license, but it had been defeated by a small majority each time. It was not until July 29, 1813, that the law was at last passed. It was after the British had officially refused protection to vessels having licenses to blockaded ports.
Under this law of Congress a neutral vessel sail- ing under a British license was regarded as aiding and abetting the enemy and was therefore subject to confiscation.
Under this law American privateers could seize a licensed vessel, whether an American or neutral ves- sel. Before this law they could seize neither, be-
389
NON. INTERCOURSE LAWS.
cause their commissions only allowed them to take British vessels.
The non-intercourse law was an act passed by Congress in 1809, three days before Mr. Jefferson's term expired, by which the embargo law of 1807, was repealed and all commercial intercourse (im- ports and exports) with Great Britain and France and their colonies and dependencies were prohibited. The act itself provided that if either nation should so revoke or modify her edicts so that they would cease to violate the neutral commerce of the United States -- which fact the President should declare by proclamation-the trade should be renewed with that nation.
On the 2d of November, 1810, the President by proclamation declared the French decrees rescinded, and that trade would be resumed with that nation and her colonies and dependencies.
This law having expired it was renewed in sub- stance by Congress on May 1, 1810, to continue un- til March 3, 1811.
On the 2d of March, 1811, Congress passed an act declaring these restrictions to be in force against Great Britain. This was the condition of the non- intercourse act (familiarily called non-importation law) when war was declared. It was for the re- peal of this that the Federalists' motto "Liberty, Peace and Commerce " was directed.
There seemed to be little difference between this expression and that of "Free Trade and Sailors' Rights," yet, they each represented the extremes of the two opposite political parties in the United States (ante p. 9.)
There was all the time a strong party in Congress
390
NON IMPORTATION LAWS.
that were in favor of the repeal of the non-inter- course laws which existed against Great Britain, and in the early part of the year 1814, it looked as if the measure might be carried in Congress over the President's veto. New York, although a commer- cial port, early took a more patriotic view of it than mere personal considerations.
A large meeting of citizens was held at Tammany Hall in February, 1813, to remonstrate against the repeal of these non-importation laws against Great Britain, Abraham Bloodgood, chairman, and John Ferguson, secretary. An address to Congress was adopted and concluded with the following resolu- tions:
" Resolved, That we see in the present law now before Congress for restoring partially our commer- cial intercourse with Great Britain an abandonment of national rights and a prostration of national honor.
" Resolved, That we conceive, that even by its passage, the views of its advocates will be defeated, because the advantages that may accrue to the treasury, will be more than counterbalanced by the expenses that will also arise from the prolongation it must occasion of the war;
" Resolved, That we will cheerfully pay all such taxes as Congress in its wisdom may deem neces- sary, or the exigency of the times may require, in order that the honor of the nation may remain un- impaired and the present war be brought to a suc- cessful and speedy termination."
The bill for repeal was passed in the House in Feb- ruary, 1813, but was defeated in the Senate.
When intelligence reached England of the law of
391
BLOCKADE EXTENDED.
Congress prohibiting vessels from sailing under a British license a new policy was determined upon. The circumstances and fortunes of war in Europe had so far changed the conditions of things since the declaration of war, that the British government decided to institute a more rigorous and extensive blockade of American ports.
The only ports and harbors that had been blockad- ed as to neutral vessels were those on the Chesa- peake bay and Delaware river (ante, p. 218), and of New York, Charleston, Port Royal, Savannah, and the Mississippi river (ante, p. 276). This pur- posely left a broad field for shipping, as we have already seen (ante, p. 387). The coasting trade between many points received very little check by it.
On the 16th of November, 1813, Admiral Warren issued his proclamation from Halifax declaring a further blockade, giving as the reasons therefor that "finding that the enemy by withdrawing his naval force from the port of New York and estab- lishing at the port of New London a naval station to cover the trade to and from the port of New York, thereby endeavoring to prevent, as far as is in his power, the execution of his royal highness' said orders (of previous blockade), and also finding that the enemy, through the medium of inland car- riage, established a commercial intercourse between the said blockaded ports and the rivers, harbors, creeks, bays, and outlets contiguous thereto, where- by the full effect of the said blockade had been to a certain degree prevented, in order to put a stop to the same, I do, etc. (declare the said former block- ade to continue) but that I have also ordered all
392
BLOCKADE EXTENDED.
that part of Long Island Sound so-called, being the sea coast lying within Montauk Point, or the east- ern point of Long Island and the point of land op- posite thereto commonly called Block Point (now Point Judith), situated on the sea cost of the main- land or continent, together with all the ports, har- bors, creeks, and entrances of the East and North Rivers of New York, as well as all other ports, creeks, and bays along the sea coast of Long Island and the State of New York, and all the ports, har- bors, rivers, and creeks lying and being on the sea coast of the States of East and West Jersey, Penn- sylvania, the lower counties on the Delaware, Mary- land, Virginia, North and South Carolina, Georgia, and all the entrances from the sea into the said river of Mississippi to be strictly and vigorously blockaded; and I do hereby, in virtue of the power and authority in me vested, declare the whole of the said harbors, bays, rivers, creeks and the sea coasts and the said several States to be in a state of strict and rigorous blockade. And I do further declare that I have stationed on the seacoasts, bays, rivers and harbors of the several States, a naval force adequate and sufficient to enforce and maintain the blockade thereof in the most strict and vigorous manner."
This proclamation of blockade was brought from Halifax by Com. Hardy and the Ramillies, and he soon again took command of the enemy's blockad- ing squadron in this vicinity, in place of Capt. Oliver and the Valiant, which sailed for Halifax for repairs in the early part of December.
The Spanish consul at New York city received the following official notice of this blockade :
393
EFFECT OF BLOCKADE.
"By COMMAND OF THE ADMIRAL, "GEO. REDMOND HULERT, SEC'Y.
"H. M. SHIP Valiant OFF NEW LONDON, " Dec. 2, 1813.
"Sir : Having received orders from Sir John Borlasse Warren, commander-in-chief of his Britan- nic majesty's naval forces in North America to de- clare Long Island Sound in a state of rigorous blockade and to enforce the same, I beg leave to inform you of this measure, that after the 6th of December no vessels whatever will be permitted to sail from any port in Long Island Sound. I beg you will be pleased to communicate this intelligence to the neutral consuls in your district.
" I have the honor to be, sir, your most obedient servant,
"ROBERT DUDLEY OLIVER,
" Capt. and senior officer in Long Island Sound. " To DON THOMAS STOUGHTON,
"Spanish consul at New York."
In order to maintain this blockade the enemy at once virtually took possession of all the ports, bays, etc., in and about the eastern and northern portions of Long Island, but the inhabitants were not mo- lested in peaceful pursuits.
When Com. Hardy returned from Halifax he brought back Joshua Penney, and allowed him to return to his home at East Hampton, Long Island. (See ante, p. 285).
The blockade of Long Island Sound in November, 1813, put a stop to privateers from New York city. Up to this time she had sent out more privateers than had any other port. More than one hundred vessels of this kind had been fitted out at
394
BLOCKADED PORTS.
the port of New York, carrying many guns and nearly five thousand armed men. Many of them continued in service until the peace of 1815.
The Appendix to Volume II. will contain a full statement relating to privateers.
The first order for blockade of any of the ports in the United States as to the vessels of a neutral nation, was that all " the ports and harbors of the Bay of Chesapeake and of the River Delaware " be block- aded according to the law of nations. This was generally thought to mean all the ports in Dela- ware bay and river, for such it was in fact. The only ports of entry for foreign vessels on Delaware bay and river at that time were Wilmington, Del., Philadelphia in Pennsylvania, and Burlington and Bridgeton in New Jersey. These were all re- garded as blockaded. The two ports of Great Egg Harbor and Little Egg Harbor on the coast of New Jersey were not included. The four ports in New Jersey and Perth Amboy were all ports of entry in the State of New Jersey.
The district of Perth Amboy comprised the ports of New Brunswick, Middletown Point, and Eliza- bethport as ports of delivery only. All that part of New Jersey north and east of Elizabethtown and Staten Island was annexed to the New York city dis- trict with an assistant collector with power to enter and clear vessels same as the collector of New York. This comprised Newark and Jersey (now Jersey City) Hoboken, etc.
New York city district comprised the ports of New Windsor, Newburgh, Poughkeepsie, Esopus, Kinderhook and Albany, on the Hudson river,
395
BLOCKADED PORTS.
and were ports of delivery only. New York city was the only port of entry for that district.
The blockading squadron first appeared in Chesa- peake bay on March 8, 1813, and in Delaware bay a few days afterwards (ante p. 218).
Although the ports and harbors in the Chesa- peake bay and Delaware river were the only ports officially blockaded previous to the order dated May 26, 1813 (ante p. 274), many other ports and places were undoubtedly thought to be so by foreign ves- sels that were in some American ports, and conse- quently did not attempt to take a cargo abroad for a foreign port. The presence of a large naval force of British vessels in those bays in the early part of March, 1813 (ante pp. 218, 219, 303), and also about Sandy Hook, led to this conclusion.
According to the law of nations a neutral ves- sel was free to enter or depart from any other ports in the State of New Jersey until a formal proclamation and notice of the blockade thereof. Had a neutral vessel attempted to pass Sandy Hook with authentic papers showing that she was bound to any port in New Jersey on the Raritan bay,* the enemy would have been bound to let her pass at Sandy Hook and proceed to her port of destination.
At that time the State of New York had only three ports of entry for foreign vessels ; they were Sag Harbor, New York city, and Hudson on the Hudson river. They were all under the customs district located at New York city.
* Perth Amboy was then the regular port of entry for foreign vessels in Raritan bay.
396
NAPOLEON LENDS US
The district of Sag Harbor included all the bays, harbors, rivers, and shores with in the two points of land called Oyster Pond Point, and Montauk Point. I was the only port of entry and delivery within that district.
Although as a strict matter of right a neutral ves- sel bound for the city of Hudson on Hudson river, might be entitled to pass Sandy Hook and the Narrows and proceed to terminate her voyage at Hudson city, it was not at all probable that the enemy's vessels at Sandy Hook would have allowed it. The author is not aware of any attempt of a neutral vessel to pass Sandy Hook for either the ports of Perth Amboy and Raritan bay or to pro- ceed to the city of Hudson on Hudson river.
As to American vessels and coasters they were subject to capture by the enemy on the high seas or on the American coasts or in American waters or ports without any notice of blockade, but merely by virtue of the existence of war between the two nations.
American vessels were also subject to British capture in French waters and ports, and French vessels were subject to British capture in all the places that American vessels were. The existence of a war between Great Britain and the two na- tions, the United States and France, were regarded by Great Britain as if they were allied enemies (see ante, pp. 126, 383).
At the meeting of the British Parliament in Novem- ber, 1813, on the motion for addresses in answer to the Prince Regent in the House of Lords, Lord Comp- ton said : "He might be told that America was not the ally of France. He knew that she had not signed
397
A HELPING IIAND.
and sealed a formal treaty of alliance with that coun- try; but she had formed that species of alliance which was fully an equivalent by giving her all the assist- ance of her power in the contest now waging."*
By the laws of nations the prize courts of an ally could not adjudicate upon a capture. Each nation must provide a court for the adjudication of its own captures, and the court may be held in the country of the ally, but not in a neutral country. Consular courts are allowed to act in such matters, and are regulated by their nation.
Neither can vessels in a neutral port or waters be attacked or lawfully captured by an enemy. A neutral could allow the captures of the belligerents to be brought into its ports and be sold, but if only one belligerent was allowed to do so the nation per- mitting it could scarcely be called neutral.
Many foreign nations allowed American and British captures to be brought into its ports during the war of 1812-15, and there were others that would not allow either of the belligerents to do so. France allowed the American consul, Mr. Wm. Lee, to hold a prize court at Bordeaux and all her ports were open to American captures. I am not aware that any other nation allowed it, although
* Early in May, 1813, Napoleon decreed that "The consuls of the United States shall have in France, in what relates to prizes, the same jurisdiction which the French consuls exercise in the countries where they are the most favored (the allies of France). The American vessels and privateers shall be allowed to take each fifty muskets, fifty pistols and fifty swords, and the number of guns, from three to twenty-four pounders, which shall be necessary when fitting out in French ports."
It was of great advantage to both France and America to have privateers fitted out in France and yet sail under the American flag, for then no nation but Greet Britain could seize them, and they were on the ground ready for action against British ships.
398
BRITISH PRIZE COURTS.
many American captures were taken into the ports of Norway, Peru, Spain, Florida (then belonging to Spain), Frankfort, and some others. Portugal claimed to be neutral and would not allow captures brought into her ports, believing that probably there never would any opportunity for Great Britain to ask that her captures be allowed there. Portugal refused clearances to blockaded American ports. The privileges of the use of the ports of Norway for re- fuge (and I presume sale of captures) was of much more benefit to America than to Great Britain .*
All captures made by the blockading squadron were taken to Bermuda where there was a British Prize court in session to adjudicate upon captures and the disposition of prizes. In 1813 his honor, Peter Edwards, Esq., was the judge surrogate hold- ing court there.
When captured vessels were adjudicated upon by the prize court, if they and their cargo were con- demned as lawful prizes, the non-combatants on board of them were allowed all their personal prop- erty and were set at liberty and left to make their way to another place the best they could.
A newspaper published there, called the Royal Gazette, contained full reports of the prize court proceedings.
The coasting trade of the United States was car- ried on entirely by American vessels.
* The situation of nations were very peculiar in 1812 and 1813. The British allies in 1813 were Sweden, Prussia, Austria, Portu- gal, Spain, Sicily and Russia. Great Britain was at war with the United States. Denmark, Saxony, Bavaria, Westphalia, France and Naples. It thus became a problem in international law to decide who besides Great Britain were to be regarded as our enemies.
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