HISTORY

OF THE

PROCEEDINGS OF CONGRESS.

13th CONGRESS-2d SESSION.

CHAPTER I.

§ 1. Meeting of congress. § 2. President's message. § 3. Confidential message. § 4. The embargo. §5. Mr. King's resolutions. § 6. Indulgence to embargoed coasters. § 7. Exemption in favour of Nantucket. § 8. Motions for suspension and repeal of the embargo. § 9. Repeal of the restrictive system recommended by the president. $10. Report of the committee of foreign relations. § 11. Debate on the repeal of the restrictive system. § 12. Double duties. § 13. Exportation of specie. § 14. British licenses. § 15. Cuffee's memorial.

§ 1. THE second session of the 13th congress commenced pursuant to law on the 6th of December, 1813. A quorum of both houses appearing the first day, a joint committee was appointed to wait on the president of the United States and inform him that both houses were formed, and ready to receive his communication. Accordingly, on the following day the president, as usual, transmitted his message.

2. In this communication, the president first notices with concern the rejection by Great Britain of the offer of mediation by the emperor of Russia, a result the less to have been expected, he observes, "as it was of a nature not to submit rights or pretensions on either side to the decision of an umpire, but to afford merely an opportunity, honourable and desirable to both, for discussing, and, if possible, adjusting them, for the interests of both." "Under such circumstances," he adds, "a nation proud of its rights, and conscious of its strength, has no choice but an exertion of the one in support of the other," and as an encouragement to this determination enumerates the late successes "with which it has pleased the Almighty to bless our arms,

both on the land and on the water," alluding to the capture of the Boxer and the squadron on Lake Erie on the latter, and the victories of Harrison, Coffee, and Jackson on the former.

The perseverance of the enemy in exciting and employing the savages against the United States is stated to have forced upon us "a departure from our protracted forbearance to accept the services tendered by them." But the retaliation, the president observes, "has been mitigated as much as possible, both in its extent and in its character, stopping far short of the example of the enemy, who owe the advantages they have occasionally gained in battle, chiefly to the number of their savage associates; and who have not controlled them either from their usual practice of indiscriminate massacre on defenceless inhabitants, or from scenes of carnage without a parallel, on prisoners to the British arms, guarded by all the laws of humanity and of honourable war." "For these enormities," the message continues, "the enemy are equally responsible, whether with the power to prevent them they want the will, or with the knowledge of a want of power they still avail themselves of such instruments."

This subject leads naturally to a notice of the retaliatory measures adopted with respect to the American prisoners sent to England for trial, a proceeding which the president characterizes as a violation both of consistency and of humanity. "A standing law of Great Britain," he observes, "naturalizes, as is well known, all aliens, complying with conditions limited to a shorter period than those required by the United States; and naturalized subjects are, in war, employed by her government in common with native subjects. In a contiguous British province, regulations promulgated since the commencement of the war compel citizens of the United States, being there under certain circumstances, to bear arms; whilst of the native emigrants from the United States, who compose much of the population of the province, a number have actually borne arms against the United States within their limits; some of whom, after having done so, have become prisoners of war, and are now in our possession. The British commander in that province, nevertheless, with the sanction, as appears, of his government, thought proper to select from American prisoners of war, and send to Great Britain for trial as criminals, a number of individuals, who had emigrated from the British dominions long prior to the state of war between the two nations, who had incorporated themselves into our political society, in the modes recognized by the law and the practice of Great Britain, and who were made

prisoners of war, under the banners of their adopted country, fighting for its rights and its safety*."

The views of the French government, on the subjects so long under negociation, are stated to have received no elucidation since the close of last session, our minister at Paris not having had opportunities afforded him of pressing the object of his mission.

The only subjects particularly recommended to the consideration of congress, are, a revision of the militia laws, for the more effectually securing the services of the detached militia, and the adoption of liberal provisions respecting the cruisers of friendly powers at war with the enemies of the United States, in securing the use of our ports and harbours, both for themselves and their prizes.

The receipts into the treasury, during the year ending the 30th of September last, are stated to have exceeded thirty-seven million and a half of dollars, of which near twenty-four millions. were the produce of loans; nearly seven millions remained in the treasury unexpended on that day. The last loan is stated to have been obtained on terms more favourable than the preceding, and expectations expressed that such further loans as may be necessary will experience no difficulty.

The message closes by expressing a thankfulness, "in which all ought to unite, for the numerous blessings with which our beloved country continues to be favoured," and consoling views of the future, arising from the internal improvements and increasing manufactures of the United States."

3. Two days after the president's communication was laid before congress, another message, of a confidential nature, was received, recommending that an effectual embargo on exports be immediately enacted; that the importation of 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, be absolutely prohibited; that neutral vessels trading with this country be required to have the masters and supercargoes, and three-fourths at least of the crews, citizens or subjects of the country under whose flag the vessel sails; and that all violations of the non-importation act, all collusive captures by the enemy, and all ransoming of vessels and their cargoes, be subjected to adequate penalties.

The principal and conclusive reason for the embargo is stated to be the encouragement afforded to the fleets and troops infest

*For the measures adopted by both governments on this subject, see vol. 11, chap. ix. § 11. The whole of the hostages on both sides have since been exchanged.