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 26
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399
AMERICAN SHIPPING LAWS.
In order to obtain a license for carrying on the coasting trade or fisheries the owner or ship's hus- band and master was required to give security to the United States that the vessel would not be employed in any trade whereby the revenue of the United States may be defrauded. The master must make oath that he is a citizen and that the license would not be used for any other vessel or any other employment, and if the vessel be less than twenty tons burden, that she is wholly the property of citizens of the United States. The collector for the district was thereupon required to grant a license to carry on the coasting trade or fishery. A vessel engaged in such a trade or business without being enrolled and licensed or licensed only, if under twenty tons as the case may be (all above twenty tons were enrolled and licensed), must pay alien duties, if in ballast or laden with goods the growth or manufacture of the United States. If laden with any articles of foreign growth or manufacture, or distilled spirits, it would be forfeited. If any ves- sel enrolled or licensed proceed on a foreign voyage without first surrendering up her enrollment and license and being duly registered, she would, with her cargo imported into the United States, be sub- ject to forfeiture.
" Vessels enrolled and licensed or licensed only, if under twenty tons, were entitled to all the privi- leges of vessels employed in the coasting trade or fisheries, but in order to engage in any foreign voy- age or trade a vessel must be registered for that purpose," so as to be entitled to the privileges of an American vessel when she arrives in a port.
A vessel duly owned by citizens of the United
400
AMERICAN SHIPPING LAWS.
States and commanded by a native or naturalized citizen, although all the crew were foreigners and the vessel foreign built, was entitled to be registered or enrolled or licensed as an American vessel.
A vessel built in the United States after Aug. 15, 1789, belonging in whole or in part to a foreigner if commanded by a citizen (native or naturalized) of the United States, although all the crew be foreign- ers, upon proof of the fact of registry in the office of the collector of the district in which the ship was built, was entitled to be regarded as an American vessel. If such vessel was built by imported work- men and imported material, it did not affect the right of registry.
A foreign vessel was taxed one dollar and a half per ton and an additional duty of ten per cent more on the duties required than on goods' im- ported in an American vessel.
It will be observed that a vessel of any size, how- ever large or small, could engage in the coasting trade of the United States .*
* The enrolled tonnage of vessels of more than twenty tons (fractions omitted) employed in the coasting trade belonging to the following states were in
1811
1812
1813
1814
New York.
83,536
89,832
90,450
92,052
1815 100,960
New Jersey.
23,927
24,651
22,628
23,175
26,067
Pennsylvania
14,255
15,544
18,071
18,007
19,875
Connecticut.
20,529
21,302
23,718
22,254
23,205
Delaware
681,964
7,133
7,342
7,419
7,543
The licensed vessels under twenty tons (fractions omitted) em- ployed in the coasting trade belonging to the following states were in
1811
1812
1813
1814
1815
New York
4,215
4.378
4,818
5,183
5,398
New Jersey
2,599
2,459
2,586
2,666
2,668
Pennsylvania.
1,749
1,956
2,176
2,399
2,484
Connecticut.
1,349
1,409
1,661
1,713
1,675
Delaware.
645
641
661
694
742
The licensed coasting trade and also registered vessels for the
401
SMUGGLING GOODS.
Much smuggling was carried on before any blockade but after that the greater number of the enemy's war vessels near the vicinity of the coast greatly enhanced this kind of business. The en- emy's large vessels had tenders to obtain necessary supplies, from land and these often had imported merchandise which were given in exchange for provisions.
Neutral vessels frequently acted as a medium for the exchange when necessary.
The laws allowed imported goods, wares, and merchandise to be transported by land from certain ports to other ports and places designated by law, where they were entitled to the same draw- backs and privileges as if carried coastwise by water. This also afforded additional facilities for smuggling.
A great supply of smuggled goods reached New York through Delaware bay and the coast of New
following named ports during the year 1814 by official returns appears as follows :
Licensed.
Registered.
New York city, N. Y.
$87,763 60
$150,450 24
Hudson,
66
2,068 44
892 50
Sag Harbor,
-
1,975 35
807 55
Perth Amboy, N. J.
6,999 75
13,474 76
Great Egg Harbor, "
797 90
234 64
Little Egg
1,433 14
none
Burlington,
1,263 73
none
Bridgeton,
12,500 73
133 69
Philadelphia, Penn.
17,879 08
64,882 64
New London, Conn.
6,317 85
5,500 10
Middletown,
6,372 37
3,753 82
New Haven,
4,684 57
5,636 82
Fairfield
4,879 85
117 60
Wilmington, Del.
7,419 11
654 61
Much of the registered tonnage was only temporary because those ports were more available. The shipping returns for those ports during the years 1812 and 1813 is not accessible, but it was about the same as in 1814.
402
LAND TRANSPORTATION
Jersey. Much of the imported goods were taken up Delaware river by Durham boats as far as Lamberton (now South Trenton) and there unload- ed and taken by teams to Raritan river or some of its tributaries by which it could be easily taken by water to New York and distributed to the places where the demand was the greatest.
There was a continual supply of food and pro- ductions such as the enemy needed while here or allowed to be taken abroad by neutral vessels nom- inally bound to some port of a neutral nation, so far as the United States were concerned, but were in some instances the allies of Great Britain against the French. This was extensively carried on in all parts of the United States and on its borders, but we will now only mention New Jersey in particular. At that time her agricultural productions were very great, as were also the facilities for easy conveyance of them to sea ports. All her numerous rivers and streams were filled with Durham boats which took down to the tide waters of her many bays and com- modious ports loads of produce. All her roads and turnpikes lead to the water courses.
The following item appeared in the True Ameri- can on the 15th November, 1813 :
TRENTON, N. J., Nov. 15, 1813.
"It is calculated that as many as fifteen hun- dred teams were last week employed in the trans- portation business between the Delaware and Raritan rivers, many of them three, four and five horse teams. For several days a dollar and a half was given for each barrel of flour taken from Lam-
403
IN NEW JERSEY.
berton to Brunswick. The amount of money brought into and distributed through the state by the transportation of produce and merchandise through it is almost incalculable. However other states may suffer in their pecuniary interests by the war, New Jersey cannot complain.
"We are informed that arrangements are making for transportation from Kingston to Brunswick by water except at a few carrying places. A canal between the Delaware and Raritan rivers would now be of great importance."
There was a fine turnpike road of the best quality from Lamberton to Brunswick, the latter be- ing twenty-six miles from Trenton and twenty- five miles from New York. Kingston, situated on the Millstone river, which was then a rapid stream of more volume than at the present day, was sixteen miles to Raritan river. Kingston was half way between New York and Philadelphia by the great turnpike, and thirteen miles from Bruns- wick on the Raritan, and thirteen miles from Tren- ton. The Delaware and Raritan canal now (1889) follows the valley of the Millstone river from Kingston to the Raritan river.
The blockade of the entire coast of New Jersey by the order of Nov. 16th was not attempted to be strict for some weeks afterwards, but was merely formal, and much smuggling and trading with the enemy continued.
The blockade of the Sound was not yet very strict. On the 13th of December there were nineteen coasters arrived in the port of New York-all were down the Sound. This was an unusually large
404
BLOCKADE ENFORCED.
number, that had awaited a favorable opportunity to evade the enemy.
On December 17th the enemy's flag ship Ramillies with Com. Hardy as commander of the blockading squadron, anchored off New London and the block- ade began to be more strictly enforced.
CHAPTER XXI.
Meeting of Congress-The President's Message Unsatisfactory-
Secret Message to Congress-Circumstances Calling for Im- mediate Legislation-Remedies Suggested-Embargo Laws Enacted-Effect on Neutral Vessels-Rigid Rules for Internal Transportation-Effect upon New York City-The Port Closed -Restricted Means of Obtaining Supplies.
HE condition of the country was such that all looked anxiously to the meet- ing of Congress in December.
A notable fact relating to the open- ing of Congress on the 6th of Decem- ber, was that the President's message was conveyed to New York city from Washington in twenty-four hours at the expense and enterprise of two of the New York daily news- papers.
This was more of a feat than appears now at first glance. The distance was 240 miles (ante, p. 34), so the average distance traveled was ten miles per hour. The messengers were on horseback and were changed about every ten miles.
It was read in both houses on the 7th at 12 o'clock. As soon as the reading was concluded a copy of it was taken by the private messenger. When it arrived in New York the next day it was put
406
SECRET MESSAGE
in type by the type setters of the two newspapers, one being an evening and the other a morning paper. It was first used in the morning paper of the 9th. *
-
The message was not thought satisfactory to any party or to the people. It was felt that there was something more yet to come soon, but what it was the public was obliged to wait a few weeks to ascertain.
On the 9th of December the president sent a secret message to congress stating that "the tendency of the commercial and navigation laws to favor the enemy and prolong the war was more and more developed by experience. That supplies of the most essential kind found their way not only to British posts and armies at a distance, but their armies in our neighborhood, with which our own are contending, derived from our ports and outlets a subsistence obtainable with difficulty, if at all, from other sources. That even the fleets and troops investing our coasts and waters are by like supplies accommodated and encouraged in their predatory and incursive warfare. That abuses hav- ing a like tendency were taking place in our import trade. British fabrics and products find their way into our ports under the name, and from the ports
* At that time there were six daily papers published in New York city. Of the three morning papers one was Federal, one Democrat and one was neutral. Two of the evening papers were Federal and one was Democrat. They were all the same size, being four pages about the size of a page of the New York Her- ald at the present writing (1889).
There were several semi-weekly papers, made up from the dailies, for the country, and many weekly papers and several semi-monthly and monthly magazines and publications, in the city similar in character to those of the present day. No Sun- day papers were issued.
.
407
TO CONGRESS.
of other countries, and often in British vessels dis- guised as neutrals by false colors and papers. That illegal importations are openly made with advan- tage to the violators of the law, produced by under- valuations or other circumstances involved in a course of the judicial proceedings against them. That it is found that the practice of ransoming is a cover for collusive captures and a channel for intel- ligence, advantageous to the enemy."
The message recommended an embargo on exports and that "all articles known to be derived either not at all or in an immaterial degree only from the productions of any other country than Great Britain, and particularly the extensive arti- cles made of wool and cotton materials, and ardent spirits made from the cane (rum), be expressly and absolutely prohibited from whatever port or place, or in whatever vessels the same may be brought into the United States, and that all violations of the non-importation act be subject to adequate penalties ; and that all persons concerned in collusive captures by the enemy, or in ransoming vessels or their cargoes from the enemy be subjected to ade- quate penalties, and that more stringent proofs of the neutral and national character of foreign vessels be required."
The message was referred the same day to the committee on foreign relations, and on the next day a bill was reported to the house by Mr. Grundy, the chairman, laying an embargo, etc. The bill was read and committed to a committee of the whole.
The message and report was considered with closed doors. The onposition in congress called for
408
TRADING WITH THE ENEMY.
the evidence of the facts upon which the president based his' message. This resolution was voted down. The evidence could be found in the reports of the newspapers and by the most overwhelming evidence that was long publicly known and daily discussed.
The entire New England coast north from Mon- tauk Point and Block Island was still exempt from blockade, and coasters and neutrals were still carry- ing on a lively trade to and from the ports thus situated.
The military order of August 5, 1813, prohibiting communications with the enemy (ante, p. 295) was easily evaded, because of the extensive lines and numerous points that could not be closely guarded.
Many vessels, that in fact were English or con- trolled by the enemy, sailed under neutral flags. It was said that those that sailed under the Swedish and Spanish flags were almost exclusively English vessels.
From the 1st to the 24th of December forty- four vessels cleared and sailed from Boston for foreign ports. Only five of this number were American.
In the month of September, said Niles' Register, in the course of one day 17,000 barrels of flour arrived at Halifax from the United States. It was transported from the grain-growing States by inter- nal conveyances to eastern ports not blockaded, from whence, by Swedish flags and other means, it was taken direct to the enemy. A gentleman directly from Halifax said that when he left "there were upwards of two hundred Americans in the
409
EMBARGO LAW ENACTED.
city in open and direct communication with the British, smuggling backwards and forwards. Will congress hesitate to deny the exportation of provi- sions ? Had this been done at the last session the state of things would have been materially differ- ent."
The bill passed the house on the 11th (Saturday). It was conveyed to the senate on Monday the 13th, and after much discussion the bill was amended and passed by the senate on the 16th and sent to the house, where it was immediately passed and became a law on the 17th of December.
The law took effect from the time of its passage, and was to be in force until January 1st, 1815, un- less a treaty of peace was sooner concluded, in which event, or in any other event that shall, in the opinion of the president, render the termination of the embargo compatible with the public interest, he was authorized to declare by proclamation that the law cease and be of no effect.
Mr. Lefferts, from Brooklyn, and Dr. Sage, from Sag Harbor, voted for the embargo law in the house. Dr. Post voted against it; Judge Benson had re- signed. Both senators from New York State voted against it (see ante, p. 223).
The injunction of secrecy was not removed by congress until Monday, December 20th, at 2 P.M. As soon as it became a law certified copies of it were forwarded by special messengers to the col- lector of each district in the United States. There were vague rumors of its provisions for several days. A copy of the law for publication did not arrive in New York city until December 24th, in time to be in one of the evening papers on that day.
410
EFFECT OF THE EMBARGO
The next day was Christmas (Saturday), and as there were no Sunday papers issued it did not ap- pear in any of the morning papers until December 27th.
The law laid an embargo on all ships and vessels cleared or not cleared in the ports and places within the United States, and that no clearance be fur- nished to any ship or vessel, except vessels in ballast with their necessary sea stores. Foreign ships were also allowed to take goods, wares, and merchandise other than provisions, military and naval stores. But no American citizen was allowed to be taken on board without a passport therefor furnished under the direction and authority of the president. The officers and crews of such foreign vessels must con- sist wholly of such foreigners as did belong to na- tions at amity with the United States at the time of the arrival, of said ships or vessels in the United States.
By the terms of this embargo law many vessels that claimed to belong to a neutral nation could not leave an American port because her crew was not all foreigners of some neutral nation, and it was impossible to supply seamen to enable her to de- part. Again, she was not allowed to take "provis- ions or military or naval stores" (excepting neces- sary sea stores), and they did not want anything else abroad, and the United States had nothing else to part with.
All the nations in Europe (excepting England) then had laws similar to those of the United States as to the qualifications requisite to become a national vessel, to wit, no part of the crew were required to be citizens of the nation
411
ON FOREIGN VESSELS.
whose flag the vessel was entitled to sail under (ante p. 400).
Thus the entire crew could be British subjects and the vessel, by being nominally commanded and owned by the subjects of any other nation, to wit ; Spain, Portugal, Sweden, etc., could carry the neutral flag of that nation.
The vessel could be built in such nation by for- eign workmen and owned entirely by foreigners, if commanded by a citizen of the former nation it was entitled to carry the flag of that nation.
England has had a law since the time of Crom- well requiring that a large number (at least three- fourths) of the crew of her vessels be citizens of Great Britain, in addition to the other requisites of building and ownership of the vessel. Great Brit- ain had also required by law the number of the na- tive crew that a foreign vessel should carry in order to be deemed a vessel of the latter nation.
On the 3d March, 1813, Congress passed a law providing that after the termination of the war with Great Britain, it shall not be lawful to em- ploy on board any of the public or private vessels of the United States any person except a citizen of the United States or person of color, native of the United States. But vessels in a foreign port could supply any deficiency of seamen by the employment of foreigners. The act also pro- hibited the employment, as seamen, of the sub- jects or citizens of any foreign nation which shall prohibit the employment of citizens of the United States.
The United States had up to that time availed themselves of the lax mode of qualification, to
412
EFFECT OF THE EMBARGO
nationalize ships and vessels, before stated (ante p. 400) .*
This embargo law was the first time that the United States had refused to recognize it in the practices of other nations. It was not until after the peace of 1815 that a law of the United States required that two-thirds (or three-fourths) of the. crew should also be citizens of the United States on board an American vessel.
The export or attempt to export any goods wares, merchandise, provisions, naval and military stores, or live stock or specie or coin by any vessel or water craft, or by cart, sled, or carriage by land, were prohibited under penalty of forfeiture, fine or imprisonment, etc.
The collectors of customs were allowed to grant permission to boats or vessels whose usual employ- ment was in the coasting trade, to take on board at any time such articles of domestic or foreign growth as designated in such permission, a bond being given to the United States by the owners, consign- ees, or factors of such vessel or boat and by the master thereof, in an amount equal to three hundred dollars for each ton of the vessel or boat, that such
* It was under these laws that so many American vessels were seized prior to the war of 1812.
The number of vessels captured sailing under the flag of the United States from 1803 to 1812, most of them carrying a license of another nation, were as follows :
By Great Britain 917
" France 558
" Neapolitan 47
Denmark. 70
Total 1,592
The number captured by Spain and Portugal and other pow- ers were numerous.
413
ON THE COASTING TRADE.
vessel or boat would not, during the time limited in said bond, depart from any collector's district with- out having previously obtained a clearance nor un- til the delivery to the collector or surveyor of the port of departure a manifest of the whole cargo on board, and shall not, during the time mentioned, proceed to any other port or place than that men- tioned in the clearance, nor put any article on board of any other vessel or boat employed in any foreign trade, and that on every voyage or trip the whole of the cargo be landed in a port or place within the jurisdiction of the United States.
Section 10 of the act provided : "That the col- lectors of all districts of the United States and the territories thereof shall and they are hereby author- ized to take into their custody any specie, goods, wares, merchandise, provisions, naval or military stores or live stock, found on board of any ship or vessel, boat or other water craft, where there is rea- son to believe that they are intended for exporta- tion, or when in vessels, carts, wagons, sleighs or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported, or place in the possession of the United States ; and not to per- mit such articles to be removed until bond with sufficient sureties shall have been given for the landing or delivery of the same in some place of the United States whence, in the opinion of the col- lector, there shall not be any danger of such articles being exported or placed in the possession of the enemies of the United States."
The president was authorized to employ any part
414
EFFECT OF BLOCKADE AND
of the land and naval forces or the militia to enforce the act, and the public and private armed vessels (privateers) of the United States were au- thorized to capture and seize on the high seas or elsewhere, any ship or vessel which violated the law, and it would be regarded as a good prize.
The effect of this measure, which entirely pre- vented any intercourse by water between even neighboring ports of the same State without permit of the collector of customs, excepting on some of the inland waters, were felt with peculiar severity by the towns which depended so largely upon the coasting trade for their supplies.
The action and position of the New England States in regard to the war, and the fact that her ports [were not blockaded by the enemy led to this remarkable embargo law.
The result of the British blockade and of the embargo laws was to soon effectually close the sea- port of New York by the way of Sandy Hook and Long Island Sound, and to render any kind of nav- igation out or in those directions extremely dan- gerous to even attempt.
The condition of means of supplies to New York on January 1st, 1814, were as follows :
1. The harbor was blockaded by British war ves- sels which prevented entrance and departure by vessels of neutral nations, and also prevented the entry and departure of American vessels.
2. The latter vessels were not allowed to depart for a foreign port ; by law of Congress they would be forfeited even if they passed the blockading ves- sels. All vessels and boats were subjected to mili- tary surveillance.
415
EMBARGO ON NEW YORK.
3. Neutral vessels were only allowed to depart, practically without cargoes, and take the chances of running the blockade, and if they wished to bring cargoes into the port they must run the blockade to get in.
Thus New York city and vicinity was situated at the beginning of the winter of 1813-14 when inland means of transportation was the most difficult by reason of the closing of rivers and roads by snow and ice.
The extent of the manufactures were not enough for home consumption, and productions of the coun- try were mainly grain and live animals.
The other articles chiefly used by the inhabitants were imported.
The supplies for the inhabitants must be made mainly by wagon and sleigh conveyance. All the imported articles used must be brought from some American port that was not blockaded. Boston was the most available for that purpose.
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