VOL. 1.]

BALTIMORE, SATURDAY, NOVEMBER 9, 1811.

-I wish no other herald,

"No other speaker of my living actions,
"To keep mine honor from corruption
"But such an honest chronicler."

Shakspeare-HENRY VIII.

[No. 10.

Printed and published by H. NILES, Water-street, near the Merchants' Coffee-House, at $5. per annum.

Congress of the United States.

IN SENATE.

November 4. 1811.There were present, at the usual hour of assembling, the vice-president of the United States, Messrs. Gilman, Cutts, Goodrich, Dana, Bradley, J. Smith, German, Condit, Lam bert, Gregg, Leib, Horsey, Smith, Reed, Giles, Franklin, Gaillard, Taylor, Crawford, Tait, Pope, Anderson and Worthington.

George M. Bibb, elected from Kentucky, G. W. Campbell, from Tennessee, J. B. Howell, from Rhode Island, and Joseph B. Varnum, from Massachusetts, were also severally sworn in and took their seats.

The usual messages were interchanged with the other house, &c. and the senate adjourned. November 5.-Mr. Brent attended.

Thomas Dunn was then re-elected sergeant at arms and Thomas Claxton doorkeeper, without opposition; Benjamin Burch was also re chosen assistant doorkeeper.

The usual messages were interchanged with the senate on the subject of their being formed and ready to proceed to business.

Mr. Mitchel and Mr. Pitkin were appointed a committee to join with Messrs. Anderson and Bradley, the committee appointed by the senate, to wait on the president and inform him that the houses The senate, after transacting some minor busi-were formed and ready to receive any communicaness, proceeded to ballot for a door-keeper (who tion he might have to make to them. also discharges the duty of sergeant at arms,) in the place of Mr. Mathers, deceased. There were taken 27 votes, of which Mountjoy Bailey had 20, and was accordingly declared elected.

. The message from the president was then read, and 300 copies ordered to be printed.

HOUSE OF REPRESENTATIVES.

Monday, November 4.-This being the day de signated by the proclamation of the President of the United States, for the meeting of the congress of the United States, about eleven o'clock the house was called to order; when it appeared that there were present one hundred and twenty-eight members.

The house then proceeded to ballot for a speaker. On counting the votes the following appeared to be the result;

Henry Clay, of Kentucky,
George W. Bibb, of Georgia,
Scattering,

75

38
6

So that Mr. Clay was duly chosen, and was con

Mr. Mitchel soon after reported the performance by the committee of the duty assigned them; and that the president had informed them he would make a communication in writing to-morrow at twelve o'clock. And the house adjourned.

Tuesday, November 5-At 12 o'clock this day the message which follows was received from the president of the United States, by Mr. Edward Coles, his secretary, accompanied by a voluminous collection of documents, in the reading of which the house progressed till half past 3 o'clock, when the house adjourned.

President's Message.

The president communicated to both houses by Mr. Edward Coles, his private secretary, the fol lowing Message.

Fellow-citizens of the Senate,

And of the House of Representatives.

In calling you together sooner than a separation from your homes would otherwise have been requir ducted to the speaker's chair accordingly; whence ed, I yielded to considerations drawn from the pos ture of foreign affairs; and in fixing the present, "In coming to this station which for the time of your meeting, regaid was had to the probability of further developements of the powhich might the more unite the national councils, licy of the belligerent powers towards this country,

he addressed as follows: GENTLEMEN,

you have done me the honor to assign me-an ho
nor for which you will be pleased to accept my
thanks-I obey rather your commands than my own
inclination. I am sensible of the imperfections in the measures to be pursued.

which I bring along with me, and a consciousness At the close of the last session of congress, it was
of these would deter me from attempting a discharge hoped that the successive confirmations of the ex-
of the duties of the chair, did I not rely confidently tinction of the French decrees, so far as they viola-
upon your generous support. Should the rare and ted our neutral commerce, would have induced the
delicate occasion present itself when your speaker
should be called upon to check or control the wan
derings or intemperance of debate, your justice will
I hope, ascribe to his interposition the motives only
of public good and a regard to the dignity of the Instead of this reasonable step towards satisfac.
house. And in all instances, be assured, gentle-tion and friendship between the two nations, the ar-

L

government of Great Britain to repeal its orders in council; and thereby authorise the removal of the existing obstructions to her commerce with the United States.

ders were, at a moment when least to have been ex In addition to this and other demands of strict pected put into more rigorous execution; and it right, on that nation, the United States have much was communicated through the British envoy just reason to be dissatisfied with the rigorous and unarrived, that whilst the revocation of the edicts of expected restrictions, to which their trade with the France as officially made known to the British | French dominions has been subjected; and which, government, was denied to have taken place; it if not discontinued, will require at least corresponwas an indispensable condition of the repeal of the ding restrictions on importations from France into British orders, that commerce should be restored the United States.

to a footmg, that would admit the productions and On all those subjects our minister plenipotentiary, manufactures of Great Britain, when owned by lately sent to Paris, has carried with him the necesneutrals, into markets shut against them by her ene-sary instructions-the result of which will be commy; the United States being given to understand municated to you, and by asertaining the ulterior that, in the mean time, a continuance of the non-policy of the French government towards the Uniimportation act would lead to measures of retali-ted States, will enable you to adopt to it that of the United States, towards France.

ation.

At a later date it has indeed appeared, that a com- Our other foreign relations remain without unfamunication to the British government, of fresh evi vorable changes, With Russia they are on the dence of the repeal of the French decrees against best footing of friendship. The ports of Sweden our neutral trade, was followed by an intimation have afforded proofs of friendly dispositions towards that it had been transmitted to the British plenipo- our commerce, in the councils of that nation also. tentiary here; in order that it might receive full And the information from our special minister in consideration in the depending discussions. This Denmark, shews that the mission had been attended communication appears not to have been received with valuable effects to our citizens, whose proper But the transmission of it hither, instead of found-ty had been so extensively violated and endangered ing on it an actual repeal of the orders, or assuran- by cruizers under the Danish flag. ces that the repeal would ensue, will not permit us Under the ominous indications which commanded to rely on any effective change in the British cabi- attention, it became a duty to exert the means comTo be ready to meet with cordiality satisfacto mitted to the executive department, in providing for ry proofs of such a change, and to proceed, in the the general security. The works of defence on our meantime, in adapting our measures to the views maritime frontier have accordingly been prosecuted, which have been disclosed through that minister, will best consult our whole duty.

net.

with an activity leaving little to be added for the completion of the most important ones: and, as parIn the unfriendly spirit of these disclosures, in ticularly suited for co operation in emergencies, a demnity and redress for other wrongs have conti- portion of the gun-boats have in particular harbors, nued to be withheld, and our coasts and the mouths been ordered into use. The ships of war before in of our harbours have again witnessed scenes, not commission, with the addition of a frigate, have less derogatory to the dearest of our national rights, been chiefly employed as a cruising guard to the than vexatious to the regular course of our trade. rights of our coast. And such a disposition has Among the occurrences produced by the conduct been made of our land forces as was thought to proof British ships of war hovering on our coasts, was mise the services most appropriate and important. an encounter between one of them and the Ameri- In this disposition is included a force consisting of can frigate commanded by captain Rodgers, ren- regulars and militia, embodied in the Indiana terridered unavoidable, on the part of the latter, by a fire tory, and marched towards our north-western fron commenced without cause, by the former; whose tier. This measure was made requisite by several commander is, therefore, alone chargeable with the murders and depredations committed by the Indians blood unfortunately shed in maintaining the honor-but more especially by the menacing preparations of the American flag. The proceedings of a court of and aspect of a combination of them on the Wabash enquiry, requested by captain Rodgers, are com-junder the influence and direction of a fanatic of the unicated-together with the correspondence relat Shawanese tribe. With these exceptions the Indian ing to the occurrence, between the secretary of tribes retain their peaceable dispositions toward us, state and his Britannic majesty's envoy. To these and their usual pursuits.

are added the several correspondences which have I must now add that the period is arrived, which passed on the subject of the British orders in coun- claims from the legislative guardians of the national cil-and to both the correspondence relating to the rights a system of more ample provisions for mainFloridas, in which congress will be made acquaint taining them. Notwithstanding the scrupulous ed with the interposition which the government of justice, the protracted moderation, and the multiGreat Britain has thought proper to make against plied efforts on the part of the United States to subthe proceedings of the United States. stitute for the accumulating dangers to the peace of The justice and fairness which have been evinced the two countries, all the mutual advantages of reon the part of the United States towards France, established friendship and confidence; we have seen both before and since the revocation of her decrees, that the British cabinet perseveres, not only in authorised an expectation that her government withholding a remedy for other wrongs so long and would have followed up that measure by all such so loudly calling for it; but in the execution, others as were due to our reasonable claims, as well brought home to the threshold of our territory, of as dictated by its amicable professions. No proof, measures which, under existing circumstances, have however, is yet given of an intention to repair the the character, as well as the effect, of war on our other wrongs done to the United States; and'part lawful commerce. cularly to restore the great amount of American property seized and condemned under edicts, which though not affecting our neutral relations, and there fore not entering into questions between the United States and other belligerents, were nevertheless founded in such unjust principles that the repara tion ought to have been prompt and ample.

With the evidence of hostile inflexibility, in trampling on rights which no independent nation can relinquish ;-congress will feel the duty of putting the United States into an armour, and an attitude demanded by the crisis, and corresponding with the national spirit and expectations.

I recommend accordingly, that adequate provision

be made for filling the ranks and prolonging the, which it is at present abridged by the unequal reguenlistments of the regular troops; for an auxiliary lations of foreign governments.

force to be engaged for a more limited term; for Besides the reasonableness of saving our manuthe acceptance of volunteer corps, whose patriotic facturers from sacrifices which a change of circumardor may court a participation in urgent services; stances might bring on them, the national interest. for detachments as they may be wanted, of other requires that, as respects such articles at least, a; portions of the militia; and for such a preparation. belong to our defence, and our primary wants, we of the great body, as will proportion its usefulness should not be left in unnecessary dependence on to its intrinsic capacities. Nor can the occasion external supplies. And whilst foreign governments fail to remind you of the importance of those mili-adhere to the existing discriminations in their ports tary seminares, which, in every event, will form a against our navigation, and an equality or lesser valuable and frugal part of our military establish-discrimination is enjoyed by their navigation, in our ports, the effect cannot be mistaken, because it has The manufacture of cannon and small arms has been seriously felt by our shipping interest; and in proceeded with due success, and the stock and proportion as this takes place, the advantage of an resources of all the necessary munitions are ade-independent conveyance of our products to foreig quate to emergencies. It will not be inexpedient, markets and of a growing body of mariners, trained however, for congress to authorise an enlargement by their occupations for the service of their country in times of danger, must be diminished.

ment.

of them.

Your attention will of course be drawn to such The receipts into the treasury, during the year provisions, on the subject of our naval force, as ending on the thirtieth of September last, have may be required for the services to which it may be exceeded thirteen millions and a half of dollars, and best adapted. I submit to congress the seasonable have enabled us to defray the current expences, ness, also, of an authority to augment the stock of including the interest on the public debt, and to such materials, as are imperishable in their nature, reimburse more than five millions of dollars of the or may not at once be attainable. principal, without recurring to the loan authorisen In contemplating the scenes which distinguish by the act of last session. The temporary loan this momentous epoch, and estimating their claims obtained in the latter end of the year 1810, has also to our attention, it is impossible to overlook those been reimbursed, and is not included in that amount. developing themselves among the great communi- The decrease of revenue, arising from the situaties which occupy the southern portion of our own tion of our commerce and the extraordinary expenhemisphere, and extend into our neighborhood. ces which have and may become necessary, must An enlarged philanthopy, and an enlightened fore- be taken into view in making commensurate provi. east concur in imposing on the national councils an obligation to take a deep interest in their destinies; to cherish reciprocal sentiments of good will; to regard the progress of events; and not to be unprepared for whatever order of things may be ultimately established.

sions for the ensuing year. And I recommend to your consideration the propriety of ensuring a sufficiency of annual revenue, at least to defray the ordinary expences of government, and to pay the interest on the public debt, including that on new loans which may be authorised.

Under another aspect of our situation, the early I cannot close this communication without exattention of congress will be due to the expediency pressing my deep sense of the crisis in which you of further guards against evasions and infractions of arc assembled: my confidence in a wise and honor our commercial laws The practice of smuggling, able result of your deliberations, and assurances of which is odious every where, and particularly crithe faithful zeal with which my co operating duties minal in free governments, where the laws being will he discharged; invoking at the same time, the made by all for the good of all, a fraud is committed blessings of Heaven on our beloved country, and on every individual as well as on the state, attains on all means that may be employed, in vindicatin its utmost guilt, when it blends with a pursuit of its rights and advancing its welfare. ignominious gain, a treacherous subserviency, in (Signed)

the transgressors, to a foreign policy adverse to that Washington, Nov. 5, 1811.

of their own country. It is then that the virtuous indignation of the public should be enabled to manifest itself, though the regular animadversions of the most competent laws.

JAMES MADISON.

Public Documents.

ORDERS IN COUNCIL

MR. FOSTER TO MR. MUNROE.

To secure greater respect to our mercantile flag, and to the honest interest which it covers; it is expedient also, that it be made punishable in our Washington, July 3, 1811.--Sir, I have had de citizens, to accept licences from foreign govern-honor of stating to you verbally, the system of de ments, for a trade unlawfully interdicted by them to fence to which his majesty has been compelled to other American citizens; or to trade under false resort for the purpose of protecting the maritis colors or papers of any sort. rights and interests of his dominions against the A prohibition is equally called for against the ac new description of warfare that has been adopted by ceptance, by our citizens, of special licences, to his enemics. I have presented to you the grounds be used in a trade with the United States; and upon which his majesty finds himself still oblige against the admission into particular ports of the to continue that system, and I conceive that I shall United States, of vessels from foreign countries, best meet your wishes as expressed to me this mornauthorised to trade with particular ports only. ing, if in a more formal shape I should lay before Although other subjects will press more imme-you the whole extent of the question, as it appears diately on your deliberations, a portion of them to his majesty's government to exist between Grenz cannot but be well bestowed, on the just and sound Britain and America.

policy of securing to our manufacturers the suc- I beg leave to call your attention, sir, to the printcess they have attained, and are still attaining inciples on which his majesty's orders in couac some degree, under the impulse of causes not per- were originally founded. The decree of Berlin we manent; and on our navigation, the fair extent of directly and expressly an act of pa", by which

France prohibited all nations from trade or inter-lin, was a manifest violation of the received law of course with Great Britain under peril of confisca nations; we must therefore, sir, refer to the arti tion of their ships and merchandize; although cles of the Berlin decree, to find the principles of France had not the means of imposing an actual our system of blockade which France considers to blockade in any degree adequate to such a purpose. be new, and contrary to the law of nations. The immediate and professed object of this hostile Decree was the destruction of British commerce, through means entirely unsanctioned by the law of nations, and unauthorised by any received doctrine of legitimate blockade.

By the 4th and 8th articles it is stated as a justification of the French decree, that Great Britain extends to unfortified towns and commercial "ports, to harbors, and to the mouths of rivers, "those rights of blockade, which by reason and This violation of the established law of civilized the usage of nations are applicable only to fortinations in war would have justified Great Britain" fied places; and that the rights of blockade ought in retaliating upon the enemy, by a similar inter" to be limited to fortresses really invested by a sufdiction of all commerce with France, and with such ficient force." other countries as might co-operate with France, in her system of commercial hostility against Great" Britain.

It is added in the same articles that Great Britain has declared places to be in a state of blockade, before which she has not a single ship of war, and even places which the whole British force would be insufficient to blockade, entire coasts and a whole empire."

Neither the practice of Great Britain nor the law of nations has ever sanctioned the rule now laid down by France, that no places excepting fortresses in a complete state of investiture can be deemed lawfully blockaded by sea.

The object of Great Britain was not, however," the destruction of trade, but its preservation under such regulations as might be compatible with her cwn security, at the same time that she extended an indulgence to foreign commerce, which strict prin ciples would have entitled her to withhold The re taliation of Great Britain was not therefore urged to the full extent of her rights; our prohibition of French trade was not absolute but modified, and in If such a rule were to be admitted it would bereturn for the absolute prohibition of all trade with come nearly impracticable for Great Britain to atGreat Britain, we prohibited not all commerce with tempt the blockade of any port of the continent, France, but all such commerce with France as and our submission to this perversion of the law of should not be carried on through Great Britain. nations, while it would destroy one of the principal It was evident that this system must prove preju-advantages of our naval superiority, would sacri dicial to neutral nations; this calamity was foreseen fice the common rights and interests of all maritime and deeply regretted. But the injury to the neutral states.

nation arose from the aggression of France, which It was evident that the blockade of May, 1806, had compelled Great Britain in her own defence to was the principal pretended justification of the deresort to adequate retaliatory measures of war. The cree of Berlin, though neither the principles on operation on the American commerce of those which that blockade was founded, nor its practical precautions which the conduct of France had ren-operation afforded any color to the proceedings of dered indispensable to our security, is therefore to France.

be ascribed to the unwarrantable aggression of In point of date the blockade of May, 1806, preFrance, and not to those proceedings on the part ceded the Berlin decree; but it was a just and legal of Great Britain, which that aggression had render-blockade according to the established law of nations ed necessary and just. because it was intended to be maintained and was

The object of our system was merely to counter-actually maintained in an adequate force appointed act an attempt to crush the British trade: Great to guard the whole coast described in the notificaBritain endeavored to permit the continent to re- tion and consequently to enforce the blockade. ceive as large a portion of commerce as might be Great Britain has never attempted to dispute that practicable through Great Britain; and all her sub- in the ordinary course of the law of nations, no sequent regulations, and every modification of her blockade can be justifiable or valid unless it be supsystem by new orders or modes of granting or with- ported by an adequate force destined to maintain it, holding licences, have been calculated for the pur-and to expose to hazard all vessels attempting to pose of encouraging the trade of neutrals through evade its operation. The blockade of May, 1806, Great Britain, whenever such encouragement might was notified by Mr. secretary Fox, on this clear appear advantageous to the general interests of com- principle, nor was that blockade announced until merce, and consistent with the public safety of the

nation.

he had satisfied himself by a communication with his majesty's board of admiralty, that the admiralty possessed the means and would employ them, of watching the whole coast from Brest to the Elbe, and of effectually enforcing the blockade.

The justification of his majesty's orders in couneil, and the continuance of that defence have always been rested upon the existence of the decrees of Berlin and Milan, and on the perseverance The blockade of May, 1806, was therefore (acof the enemy in the system of hostility which has cording to the doctrine maintained by Great Britain) subverted the rights of neutral commerce on just and lawful in its origin, because it was supporthe continent, and it has always been declared on ted both in intention and fact by an adequate naval the part of his majesty's government, that whenever force. This was the justification of that blockade France should have effectually repealed the decrees until the period of time when the orders in council of Berlin and Milan, and should have restored neu-were issued.

France

tral commerce to the condition in which it stood The orders in council were founded on a distinct previously to the promulgation of those decrees, we principle, that of defensive retaliation. should immediately repeal our orders in council. had declared a blockade of all the ports and coasts France has asserted that the decree of Berlin of Great Britain, and her dependencies, without was a measure of just retaliation on her part, occa-assigning, or being able to assign any force to supsioned by our previous aggression, and the French port that blockade, such act of the enemy would government has insisted that our system of block-have justified a declaration of the blockade of the ado, as it existed previous to the decree of Ber-whole 'coast of France, even without the application

of any particular force to that service. Since the, If other proofs were necessary to shew the contipromulgation of the orders in council the blockade nued existence of those obnoxious decrees, they of May, 1806, has been sustained and extended by may be discovered in the imperial edict dated at Fonthe more comprehensive system of defensive retalia-tainbleau in October 19, 1810, that monstrous protion on which those regulation are founded. But duction of violence, in which they are made the if the orders in council should be abrogated, the basis of a system of general and unexampled tyranblockade of May, 1806, could not continue under ny and oppression over all countries subject to, alliour construction of the law of nations, unless that led with, or within reach of the power of France; blockade should be maintained by a due application in the report of the French minister for foreign afof an adequate naval force. fairs dated last December, and in the letter of the America appears to concur with France in assert-French minister of justice to the president of the ing that Great Britain was the original aggressor in council of prizes. To this latter, sir, I would wish the attack on neutral rights, and has particularly particularly to invite your attention; the date is the objected to the blockade of May, 1806, as an ob- 25th December, the authority it comes from most vious instance of that aggression on the part of unquestionable, and you will there find, sir, the Great Britain. duke of Massa in giving his instructions to the Although the doctrines of the Berlin decree recouncil of prizes in consequence of the president of specting the rights of blockade, are not directly as the United States' proclamation of November 3, serted by the American government, Mr. Pinkney's most cautiously avoiding to assert that the French correspondence would appear to countenance the decrees were repealed, and ascribing not to such reprinciples on which those doctrines are founded.-peal, but to the ambiguous passage which he quotes The objection directly stated by America against at length from M. Champagny's letter of August 5, the blockade of May, 1806, rests on a supposition the new attitude taken by America, and you will that no naval force which Great Britain possessed, also find an evidence in the same letter of the contior could have employed for such a purpose, could nued capture of American ships after November, have rendered that blockade effectual, and that and under the Berlin and Milan decrees, having therefore it was necessarily irregular, and could not been contemplated by the French government, since possibly be maintained in conformity to the law of there is a special direction given for judgment on such ships being suspended in consequence of the American proclamation, and for their being kept as pledges for its enforcement.

nations.

Reviewing the course of this statement, it will ap pear that the blockade of May, 1806, cannot be deemed contrary to the law of nations, either under Can then, sir, these decrees be said to have been the objections urged by the French, or under those repealed at the period when the proclamation of the declared or insinuated by the American govern-president of the United States appeared, or when ment, because that blockade was maintained by a America enforced her non-importation act against sufficient naval force; that the decree of Berlin Great Britain? Are they so at this moment? To the was not therefore justified either under the pretexts first question the state papers which I have referred alledged by France, or under those supported by to, appear to give a sufficient answer. For even America, that the orders in council were founded supposing that the repeal has since taken place, it is on a just principle of defensive retaliation against clear that on November the 3d there was no questhe violation of the law of nations committed by tion as to that not being then the case; the capture France in the decree of Berlin, that the blockade of the ship New Orleans Packet seized at Bordeaux, of May, 1806, is now included in the more extensive and of the Grace Ann Green, seized at or carried inoperation of the orders in council, and lastly that to Marseilles, being cases arising under the Freach the orders in council will not be continued beyond decrees of Berlin and Milan as is very evident.. the effectual duration of the hostile decrees of Great Britain might therefore complain of being France, nor will the blockade of May, 1806, conti-treated with injustice by America, even supposing nue after the repeal of the orders in council, unless that the conduct of France had since been unequihis majesty's government shall think fit to sustain it, vocal. by the special application of a sufficient naval force. This fact will not be suffered to remain in doubt, and if the repeal of the orders in council should take place, the intention of his majesty's government respecting the blockade of May, 1806, will be noti fied at the same time.

America contends that the French decrees are revoked as it respects her ships upon the high seas, and you, sir, inform me that the only two American ships taken under their maritime operation as you are pleased to term it, since November 1, have been restored; but may not they have been reI need not recapitulate to you the sentiments of stored in consequence of the satisfaction felt in his majesty's government so often repeated on the France at the passing of the non-importation act subject of the French minister's note to gen. Arm- in the American congress, an event so little to be strong, dated the 6th of last August. The stu-expected; for otherwise, having been captured in died ambiguity of that note has since been amply ex-direct contradiction to the supposed revocation, plained by the conduct and language of the govern-why were they not restored immediately? ment of France, of which one of the most remark- The fears of the French navy however prevent able instances is to be found in the speech of the many cases of the kind occurring on the ocean un. chief of the French government on the 17th of last der the decrees of Berlin and Milan, but the most month to certain deputies from the free cities of obnoxious and destructive parts of those decrees Hamburg, Bremen and Lubeck, wherein he de-are exercised with full violence not only in the ports clares that the Berlin and Milan decrees shall be the of France, but in those of all other countries to public code of France as long as England maintains which France thinks she can commit injustice with her orders in council of 1806 and 1807. Thus pro-impunity. nouncing as plainly as language will admit that the system of violence and injustice of which he is the founder, will be maintained by him until the defensive measures of retaliation to which they gave rise on the part of Great Britain shall be abandoned.

Great Britain has a right to complain that neutral nations should overlook the very worst features of those extraodinary acts, and should suffer their trade to be made a medium of an unprecedented, violent, and monstrous system of attack upon her