""'^^^ ^•s i"!^ V. 'J' • « 4 o * - - , , . /» v •** -0^ -\ ^q V* .-iSsMA"- o » — ■^- * .1 .1 TO • - , ♦> >^ t » • • . .>"' ■J'-r. jf** - PEACE WITHOUT DISHONOUR^WAR ..^^ ^ WITHOUT HOPE. BEING A CALM AND DISPASSIONATE ENQUIRY INTO THE QUESTION OF THE CHESAPEAKE, AND THE NECESSITY AND EXPEDIENCY WAR. BY A YANKEE FARMER. .JI^'^^^jSoc': BOSTON: PR1J«JTED BY GREENOUGH AND STEBBINS. 1807. Nl «T(*H. t 5 ^b V.^' mi», Hiat. So«. TO THE PUBLICK. IT cannot he expected^ that a farmer should displaij the ornaments of a polished sfijle — The au- thor has aimed onhj at perspicuitij, impartiality^ and truth. A boldness and freedom characteristick of the real, ancient New-England farmers^ zoill be found stronglij marked in evcrij part of this little essaij. The publick good is the author^s onlij object — true patriotism his onhj stimulus — and the promotion of justice, and vindication of our national good faith, his only aim. In these times of party; spirit he cannot hope to escape censure. His love of truth — his display of our own errors — his disposition to render justice to other nations xmll probably be attributed to the basest motives — For such is too often the fashion of the day — to abuse those lohom hdc cannot answer. It would not surprise him, if he should even be called an Old Tory or a British hireling ; for he has often remarked that this is a species of argument which never fails of success, xohen all other reasoning or abuse is found ineffectual. But he shall despise the calumnies, and smile at the attacks of all the partizans of war, a few of zvhom, broken in fortune or reputation, can only hope to rebuild both on the ruins of their Country, TO THE FARMERS, MERCHANTS, AND MECHANICKS OF NEW-ENGLAND FELLOW CITIZENS, IF at any time a citizen is juftified in making an ap- peal to your underftanding, to your fober reafon — If a cool and. difpaflionate difplay of your danger, and your true interefts be at any period a duty, it furely becomes fuch, when you are threatened with a calamity by which your rights, liberties, property, and lives are to be expofed to the moft imminont danger. * We are told by the publick newfpapers which have ufually been the vehicles of the language of our adminiftration — we are alfo informed, that many very influential men in and out of the adminiftration, concur with the publick papers in declaring, " that War wiU probably take place, and that it is inevitable, unlefs the government of Great- Britain fhould make ample reparation for the attack on our frigate the Chefapcake." We alfo know, that all defcriptions of people in Great-Britain, however oppofed in political opinions, concurred in one fentiment, that Great-Britain never could, and never ought to yield the principle for which they believed that we contend, the right of enlifting and harbouring the defcrters from their publick fhips of war. It is rendered almoft certain, therefore, that Great- Britain, " while {he will explicitly difavow the claim to fearch our na- tional Jloips of war, will neverthelefs contend, that we have no right to enhft her deferters, and proteft them under our publick flag, but that if we do fo condud, and refufe to deliver them on demand, fhe will retake them by force, on a common jurifdidion, the High * See the language of the National Intelligencer, and of the Aurora, who confider war as inevitable, unlefs Great-Brit-iin grants reparation for the at- tack on the Chefapeake. Mr. Gallatin, A'Ir. Dearborn, and other publick offi- cers are alledged to have declared that war is to be cxpctiled. Seas.'' it lucU lli<)\ilcl bo her final dccilion, as we have reafon to fear, fhe cannot punifh Admiral Berkeley without manifeft injuftice to him. If, therefore, our adminiftration are fincerc in their determina- tion to go to war, unlefs reparation be made for the attack on the Chcfapcakf, war fccms, as tlicy privately alTert, to be inevitable, unlefs tlie prudent and temperate deliberations of Congrefs, or the feafonablc exprefTion of publick opinion, fliall check this deftruc- tivc, and I may add, rti/Ii policy. War, at all times a publick ca- lamity, becomes peculiarly alarming and dellruftive to a nation, which has been for twenty-four years exclufively devoted to the arts of peace — which has neglefted every mean of national de- fence — which has devoted none of its revenues to a wife prep- aration for war, to wliich all nations are occafionally expofed. It is peculiarly alarming to a nation, governed by an adminiftra- tion not only deftitute of mihtary talents, but who have always avowed their oppofition to every thing like mihtary preparation, and who, while they have profeffed to rely upon the moft frail of all fupports, the juftice of nations, and have therefore neglefted every mean of preparation or defence, have moft unfortunately brought us to the verge of a moft awful precipice, where we have no alternative but either to plunge headlong to a certain and de- ftruAive fate, or to retrace our fteps, as they fay, with ignominy and difgrace. If at a moment fo eventful, and in a pofition fo tre- mendous, any friendly hand (hould point out to us a path by which we might fave both our livee and our honour, one would naturally imagine, that it ought to excite our gratitude, rather than our ha- tred — to merit our thanks, rather than punifhment ; but other doftrines feem to prevail. The friends of the adminiftration, wounded at the true piAure of our fituation, provoked that any man fliould unanfwerably prove fome errors in our own conduft which diminifh the juftice, and of courfe, the neceflity of a war, have advanced an idea novel in the hiftory of free nations, that *" it is treafon to queftion the juftice or expediency of a war," even be- ' F.xtrart from tlic Nationnl InteHiKcnccr In anfwcr to Pacificiis, a writer in t!ic Boflon CcntincI, af,'ain(l the necellity of War. 'Jhis may be found in tlif I'allailium, of .Si-ptembtr L"», in ;; piece entitled « Modem Liberty." fore the only conftituted authority authorized to decide this ques- tion, the Legiflature, had convened to deUberate upon it. The example of Great-Britain, whofe tyrannical principles have fo long been the theme of popular harangue, one would think would be conclufive on this point — and that whatever may be done tvith impunity in that monarchical and fevere government, might certainly be permitted in our free and enlightened country. It is well knawu that all the pubUck writers in England, both before and after the de- c'lfton of ParUament,^as to the quellion of war, undertake to arraign itsjuftice, its poHcy, its neceflity, its expedience, their own weaknefs, the means which they have of annoying }:he enemy, and to magnify the refources, power, and talents of their foes : nor can there be found, in a fingle inftance, an attempt to check this freedom of en- quiry, either by profecution or threats. If this example, and the explicit language of our own Conftitu- tions were not fufflcient authority, we might cite an illuftrious man, whofe opinions a large part of the community w^ould be unwil- ling to queftion. — Prefident JeflFerfon lays it down as an eftablifhed axiom, " that u.e utmoft liberty of the prefs may be fafely indulg- ed, in fuch a country as ours, and that errors in opinions can do no injury, luhere reafon is left free to combat them." If this doftrine be true in ordinary cafes, how much more ftrong its application to the important queftions of war and peace ? — To what terrible confequences would the tyrannical doftrine of the National Intelligencer, above quoted, lead us ? A foreign nation makes an attack which is alledged to be caufe of war : Such an attack muft always involve a queftion of fa£t, and a queftion of law or right. If the opinion of any particular fet of men, even of dig- nified officers, could be conchifive as to thefe t'wo queflions : If no pri- vate citizen who might be in poffeflion of better evidence as to the fadst or better authority as to the law, could divulge thefe fafts, and make known his principles of law, it would follow that our Conftltution would be a dead letter ; — the Legiflature would be- come mere tools in the hands of the executive, and the nation might be involved in all the calamities of war at the pleafure of a fingle man. But the doftrine of the Government paper goes farther, you ran not only not difcufs the queftion of right, but you muft be filent s a» to the refouiccb or ability of thr nation to gain the objeft of the war. The opinion of the Executive is conclufive on this point alfo. The National IntclHgenccr tells the people of the United States, that Great-Britain has done an unprovoled adit, which juftifies a de- claration of war on our part ; — this point, it fays, it is treafon in any body to difprow. — It adds, that this war would be expedient, be- caufc " we can bring Great-Britain to our feet. We can ruin her manufaflurers ; we can ftarve her colonies ; we can take Canada and Nova-Scotia : while the injur}-^ will be trifling to ourfelves, as we can fupply ourfelves as plentifully with foreign goods hy prizes we fliall take, as we are now fupplied by commerce ; and our pro- duce will meet as ready a fale in war as in peace." But any attempt to difprove thefe propofitions, cfpecially if made with trulk and ability, it declares to be the high offence of treafon, inafmuch as it tends to prove the opinions o{ great men erroneous, and to difcourage the people from undertaking a war, which tliofe great men have rcfolvcd to wage. Braving all the dangers to which thofe writers are expofed, who venture to give light to the people, on this moft intercfting fubjcft, and defpifuig the threats of profecution for treafon, I fhall attempt to develope the principles, to trace the hiftory, and to expofe the faCls in relation to our alledged caufe of complaint againft Eng- land ; — to examine our oivn conduft, and the allegation fo often made, that the attack on our National flag, was wholly without provocation ; and laftly, to confider the expediency of war, in which will be involved, its objefts — the profpeft of fuccefs or de- feat ; our refources, and means of annoyance of our propofed ene- my ; and the power, fituation, and intcrefts of the nation with whom we are about to contend ; and I fliall conclude with confid- ering the effefts of fuch a war, whether it prove fucccfsful or dif- graceful upon our general politicks, interior and exterior, and upon thofe great and permanent intereils, which ought never to be over- looked when we are weighing minor qucllions, or debating upon injuries and incidents which do not affed, or compromife our wel- fare or cxillence. It will not be denied, that on the 2M\ day of June lalt, when tlic attack was made on the Chefapeake, the relations between Great-Britain and the United States, were thofe of peace and amity. — This is proved by the declarations of the Prefident to Congrcfs, and the communications of our Miniftcrs at the Court of Great-Britain, which were laid before that honourable body.* It is farther proved by the language of the Britifli Minifters in and out of Parliament, and by the circumftance of our Minifters extraordi- nary having figned a Treaty of Amity, which fettled all our differ- ences, except the finglc one, of the right of fearch of merchant fhips for Britifli feamen, and on which point, it is faid from good authority, Great-Britain was ready and offered to yield the right of fearch except as it rcfpeftcd the narrow feas, or that portion of the fea which immediately furrounds Great-Britain, and where the danger of the lofs of their feamen, who are their only defence, was peculiarly imminent. It cannot be doubted, therefore, that peace, fo much to be de- fired by this country, would not have been interrupted, and that our profitable neutrality would have been continued, had it not been for the affair of the Chefapeake, which cannot be too much deplored. The queftion, therefore, is limited to the examination of the caufes of that unfortunate aft, and of the confequences which ought to rcfult from it. As a great portion of the irritation which has been produced, excited, and encouraged, has proceeded from an ignorance of the faCls which preceded and accompanied that affair, it will be ufeful, before we enter into an inveftigation of the Law of Nations upoa this fubjeft, to fettle, as far as poifible, thefe/«5j. In the fummer of 1 806, a French fquadron of line of battle fliips and frigates having met with a gale upon our coafts, a part of them took refuge in the Chefapeake, to fhelter themfelves from their enemies. This rendered it neceffary for Great-Britain to detach a fquadron to watch the motion of their enemies, and they accord- ingly, as they lawfully might, took their ftation in Hampton Roads. By the Law of Nations, and the principles of an impar- tial neutrality, we owed to both thefe fquadrons, equal proteftion. While we permitted the French to repair and relit their fhips, re- ' See the Prefident's Communications to Congrefs, on this fubje(5t B 10 claim their defcrters, nnd to prepare to encounter their enemies, the laws of hofpitality equally demanded, that we fhould allow equal privileges and indulgence to the Britifli fquadron, and more cfpc- cially that \vc fhould not countenance or encourage any meafures by which their means of encountering their enemy fliould be, wliile they wore under our proteftion, weakened. *0n the 7th day of March lall, five Brit'ijlo feamen belonging to the Britidi floop of war Halifax, Lord James Townfhcnd command- er, while employed in weighing the anchor, rofe upon their ofiicer, threatened to murder him, and made off with the boat to the Amer- ican fliorc, where they landed. Their names were, Richard Hu- bert, fail-maker, born in Liverpool ; Henry Saunders, yeoman of the flieets, born in Greenock ; Jenkin Ratford, born in London ; George North, captain of the main-top, born in Kinfale ; and William Hill, boni in Philadelphia ; who entered in a Britifh port voluntarily, viz. in Antigua. The faAs of their birth and citizcnfhip were taken from the fhip'a books, and were fvvorn to have been their vivn declarations at the time of their entry on board the fhip. The nature of this evidence is conclufive, and its fainiefs \sfiron^ly marked by their not attempting to conceal tlie facl, that one of tlve five was born in Philadelphia. The very day after their landing, they were enlifled as part of the crew of the United States fliip Chefapeakc. Perhaps this was done ignorantly, though it is worthy of remark, that an Englifla- man, and cfpecially a Scotchman and Irifliman, may be almnjl as r.Wi/y difcerned from an Amcncan, by thofe who are converfant with failors, as a black man can be diflinguiflied from a white one. It is certain, however, that thcfe men could not have been pofTefTed of American proteftions. The very day after the enhflmcnt. Lord James Townfhend demanded thefe men of Lieutenant Sinclair, the recruiting officer of the Chefapeakc. The government of the United States had, as Captain Barron afTcrts, ordered the recruiting officers not to enl'i/l Brit'ifi defericrs. Thefe defcrters were not at * Fi)r thcfe fadls, foe the afl'idavlts of tlic conun;mdiT ;iiul otliccis of the ILilifax, priiitetl in the Trial of Jciikin Ratforii, one of tlic niutiuccr., and re- printed at Bofton. 11 this time on board the (lup, but at the rendezvous. It naturally oc- curs to aflc, why did not Lieutenant Sinclair, in obedience to the orders of the government, immediately difcharge thefe men ? If he had enhfted them ignorantly, the fp'trltt nay, the letter of his orderij, obliged him to difcharge them as foon as he knew from the higheft authority, their commanding officer, that they were deferters from hio fllip. Many honeft well meaning men have contended, that the word of a publlck officer ought to be refpc£led. This is an excellent general principle, and the obfervance of it would tend very much to preferve the peace of nations ; but we fhould not forget that this rule has a double application. It op- erates as much in favour of the officers of other nations as of our own. When, therefore, Lord James Townfhend pledged his word to Lieutenant Sinclau-, that the men whom he had enlifted, contrary to the orders of our government, were his failors, and that the Britifli government had a property in their fervices, it was as much the duty of Lieutenant Sinclair to give full faith to the word of Captain Townfliend, as it was the duty of Captain Humphreys to give credit to the declaration of Captain Barron : — it was ftill ftronger ; — Lieutenant Sinclair did not, could not know that the declaration of Lord Townfhend was untrue ; but Captain Hum- phreys did know that the declaration of Commodore Barron wa« unfounded, and he turned out to be right in the faft. Lieutenant Sinclair made an evafive anfwer to the application of Captain Townfhend, and did not deliver or difcharge the men. An application was then made to Captain Decatur, who referred him back to Sinclair. The Britifh Conful applied to the Mayor of Norfolk for thefe men, but without efFeft — and laftly, the Britifli Minifler applied to our government, who replied, that they had on a former occafion ftated their rcafons for not complying with their requefl, and that moreover the men were Americans. Thefe men, who, with the exception of Hill, were all native Brli- IJh feamen, and had no claims from refidence or other caufes on our protection, were all continued on board the Chefapeake, while at Wafhington, under the eye of our government. No meafures ap- pear to have been taken to afcertain their claims to our proteftion. No evidence down to this day has ever been publifhed in relation to 1'2 \ either of thefe men. We muft conclude, therefore, that they arc, ai the Britifli have proved under oatli,^// native Britifli feamen, except WtU'iam Hill. It cannot be pretended tliat the government are iu pofll'flion of evidence in reJpeEl to them which it does not think it im- portant to pubhfli, becaufe we know that they have been at great pains to coUedl and pubHfh the evidence witli refpeft to three other feamen, whofe cafe has no connexion with the caufc of the attack ' on the Chefapeake. I Thefe feamen were among the crew of the Chefapeake at the pe- riod of the faid four feveral, folemn demands, and continued on board till the fliip failed down the river, when four of them deferted- The fifth, Jenkin Ratford, remained on board till after the laft de- mand made by Captain Humphreys, and to which demand Captain Barron replied, that " he knenv of no fiich men as Captain Hum- phreys defcribed." After the aftion, Ratford was found hid in the coal hole of the Chefapeake, and has fince been tried, found guilty of mutiny, and executed. He confefled himfelf to be a na- tive of London, that he had entered his Britannick Majefty's fer- vicc voluntarily ; that he was pcrfuaded to enter on board the Chefapeake, in order to proteft himfelf from the fearch of his ofli- cers, and that on his entering, he was aflced if he had not a fecond name ; that he thereupon entered by the name of Wilfon. As foon as thefe repeated demands and rcfufals were known to the com- mander in chief, Admiral Berkeley, finding, as he alledges, that the feamen of the Britifh fleet were deferting every day, he iflued the order referred to in the note below,* in fubftance direfting the offi- cers of his Majefty's fliips under his command, to require permif- fion of the Captain of the Chefapeake to fearch that (hip, on the high fcas, for the deferters referred to in faid order, and to proceed and fearch for the fame, at the fame time offering a like and recip- rocal permiflion to the American officers. Captain Humphreys, of the Leopard, was entrufted with the execution of this order, and the manner in which he executed it, is too well known to need rcp- v=>tition. Two or three remarks, however, may not be amifs, as an opportunity will not again occur in the courfe of the propofed dif- * See Admiral Berkeley's order, prixitcd in tlic Trial of Jenkin Ratford. 13 cufllon : — 1ft, That another formal demand was made oi their own feamen, by the Britifli officers, before the laft; alternative was re- forted to ; that this demand was couched in terms fo polite and refpedlful, that it would not have been beneath the dignity of Cap- tain Barron to have met it with equal politenefs, and to have ftated the cafe truly to Captain Humphreys, that three of the men de- manded had efcaped, and that the fourth he was ready to dehver ; this would probably have finifhed this unhappy affair. 2d, That nothing in the anfwer of Captain Barron, is a fufficient excufe for his not delivering up Jenkin Ratford, one of the mutineers, thea en board the Chefapeake. The reafon affigncd to the Britifh officer, that he was ordered not to fuffer his crew to be muftered, by any but his own officers, does not apply — There was no neceffity of mvjler'tng them at all. At that time it was well known, it mujl have been knoivn on board the Chefapeake, who the men demanded were. And he declares that he had pofitive orders from the Government not to enlift deferters, which amounted to an order to deliver them, if he had enlifted them ignorantly. He might therefore have obeyed both thefe orders of the Govern- ment, and have prefcrved the honour of our flag ; and what is more, the honour, faith, and reputation of our officers. By fending on board the Britifli fliip, Jenkin Ratford, of London, a mutineer, and deferter, and accompanying it with a declaration on his honour, that the others had deferted from the Chefapeake, he would have fatisfied Capt. Humphreys, would have fubftantially obeyed the order of our Government not to enlifl; deferters, and have prevent- ed the unhappy cataftrophe. 3dly. The meannefs of many of our publick papers and refolu- tions, in reprefenting this attack as cowardly, and affaffin-like, can- not be too much condemned by every candid and ingenuous mind. The Leopard was a 50 gun fhip, and carried a fmaller number of men than the Chefapeake ; the Chefapeake was a large 44, which our officers have often declared equal to a Britifli 64;. So far from the Britifli officers knowing, that the Chefapeake was un- prepared, it turns out by the charges of our own officers againfl. Barron, that flic was fully prepared. Indeed the Britifli officers u are faid to have avowed to ours, before (he failed, that they were inftrii6led to obtain thefe men by force if they were not given up. Our own officer after having refolvcd to defend his fhip, ought to have nailed his flag to the maft, and to have funk his adverfaiy, or to have gone down himfelf with his flag undiflion- ourcd. It is the difgracc which this conduA fecms to fix upon us, which makes us feel fo pungently. Had Capt. Barron vindicated our national honour as he ought to have done, we fliould have fcen this affair in a very different light. We fhould have acknowledged that we were wrong in the principle of en/1/ling their feameny but we might have added, that no nation fhall infult our flag with impunity : we need not indeed have fa'td this ; the fail would fpcak a plainer language. After the colours of the United States (hip had been ftruck, the Britifli officers proceeded to fearch for their deferters. The rcfult of this fearch was this : — they found Jenkin Rat- ford, one of the feamen demanded — and John Strachan, Daniel Martin, and William Ware, three other deferters, whom they did not fufpeft had been enlifted ; who were not contained in the or- der of Admiral Berkeley, but who are admitted by our Govern' merit to have been deferters from the Britifh frigate Melampus. Thefe men were no more the caufe of the attack, than if the Britifh had found an anchor on board, which had hccn Jlo/en from their fliip, but which they could never expeS to find on board one of our publick fhips. They alfo found twelve other Britifli fea- men, who not being deferters, they fuffered to remain. It turned out therefore, that there were on board the Chcfapeakc, A\hcn file was at Wafliington, five Britifli deferters from the Hali- fax, three deferters from the Melampus, and twelve other Britifli fcamen. The Britifli officers took away the fmgle feaman whom they found of thofe demanded, and the three other deferters from the Melampus, whom they were not ordered to take, bccaufe they were not known to have been on board. The afloniflimcnt and indignation of every American was excited foon after, by the Prcfident's declaration, " that the feamcn de- manded had been previoufly afccrtained to be native citizens of the ir> United States." — That the Britilh Admiral fliould have the hardi- hood to dtmatiff, and to order the retaking by force, native citizens of America, was fo incredible in itfelf, that fome writers ventured to doubt it. This drew out the evidence on both fides, and it turns out mojl unequivocally, that the Prefident was grofsly »////«- formed. No doubt tiie*"- high officers mull rely upon the veracity and accuracy of inferior agents. — Unhappily the fource of the Prefident's information was impure ; and a publick, folemn, nation- al declaration, by the negligence or falfehood of fome fubaltern offi- cer, turns out to be unfiipported by fads. The cafe was this : — The Proclamation ftates, that the aft of the Britifli officers was fo much the more unpardonable, " as it had been previoufly afcertained that the feamen demamleel, were native citizens of the United States." The e/fence of the criminality confifted in demanding native citi- zens of the United States, and in attacking a fhip of war for not delivering fuch citizens. Now it turns out that all the feamen de- maiided, were native Briti/Jj feamen, and therefore, all this exagger- ate d point of criminality falls to the ground. When the publick called upon the Government for the evidence of the citizenfhip of thefe deferters, the Prefident, it is prefumed, called on the inferior officers, on whose report he had made the declaration ; and they, in order to cover their errors, inftead of fur- nifhing the evidence of the citizenfhip of the deferters from the Hahfax, who were demanded, gave the documents in relation to the deferters from the Melampus, who were not demanded, but who being found among the crew of the Chefapeake, were taken out. Thefe documents were publiflied and applied to fupport the pro- clamation, and to prove that the Britifli officers made an attack for the recovery of native Americans. This is now known to be falfe. For an expHcation of this point, fee the notes.* * Seamen who deferted from the Halifax, Lord James Townfliend, and who were fo often demanded, and for whom the attack on the Chefapeake was made, •viz. Richard Hubert, of Liverpool,"] demanded, but efcaped from the Chefa- Henry Saunders, of Greenock, | do. do. [peake. Jenkin Ratford, of London, !> demanded and taken. George North, of Kinfale, I demanded, but efcaped from the Chefa- William Hill, of Philadelphia, J do. do. [peake. \See the conii/iuaticn of thh iioti in thi n:xt fage?- \Cy In fnA no evidence has yet been, and no evidence ever can be adduced to prove that the feamen demanded^ and whofe proteftion by us was the fole caufe of attack, were Americans ; becaufe they wore and have been proved by tho highcil evidence to be native Brilifh fiiimcn. But iiiici- tlic cafe of the men taken from the Melampus, has been blended with that of the others, let us fee how the facts turn out as to them. Inllead of fupporting the proclamation, as to the faft of their having been nfcertatned to be native citizens, it turns out, that Capt. Barron had fimply taken the Jlory of the culprits : It turns out further, that one of them was born at Bonaire, in Spanlfli Amer- ica, and was not even a citizen of the United States ; that the two others were black men, born flaves in Maryland, and ftriAly there- fnrvj^ mt nativp /■// /■x/'w r, though natives. That they a// told Capt. Barron a falfehood, in Hating that they had been impreffcd on board the Melampus, becaufe they referred to their former mailer, Capt. Crafts, who dates, that he fufpefted and charged them with theft in England, that they therefore abfconded, and in order to protcft themfelves, entered on board the Melampus voluntarily. Capt. Crafts, pleafed, probably, with getting rid of fuch rafcals, never demanded them either of the Captain of the Melampus, or of the Britiih Government, after they were enlifted, and they remain- ed on board that frigate till they again deferted from her in our country. Some honed men doubt, whether the Britidi officers had a right to enlift thefe men ; and if they had, whether they could reclaim them from us, after dcfertion. Protelling that it has no connexion with the affair of the Chefa- peake, they not being the nun demanded, I would obfene, that it is not competent for our Government to deny the right of our citi- zens to enter into foreign fervice, in a foreign jurifdiction, becaufe 111. The prefent adminiftration and all the party now in power in Seamen deferted from the Melampus, John Strachan, of Maryland, T not demanded, but taken. William Ware, of Maryland, V do. do. Dauicl Martin, of Bonaire, 3 '^^- ^^^ 17 the United States, oppofcd the plan of the WaHiington auminiftra- tion to prohibit fuch conduft, and they contended that a citizen in time of peace, might expatiate himfelf at pleafure. The famous example of Commodore Barney muft be in every one's recolloftion. 2dly. The A61 of Congrcfs prohibiting our citizens from enter- ing into foreign fervice within our oiun terr'itoryy is a ftrong, and al- mofl irrefiftible implication that they may do it in other countries. 3dly. The late anfvver of our Government to the Britifli Min- ifler, that we cannot ftop to enquire of what country a man is a fubjeft, when he offers himfelf to enhft as a foldier or failor, is a perfect anfvver to us upon that fubjeft. And our pradlice from the commencement of our Government to this day, of inviting, and naturalizing the citizens of a// countries, even of nations at war, ought to make us perfectly filent on this topick. -Ithly. If a man has a right to enlift in a foreign country, and does fo enlift, figns the articles of war, receives the bounty and wages, he becomes to all intents and purpofes a fubjeft of his newly adopted country, and all our claims over him, and his to our proteftion abfolutely ceafe. To illuftrate this cafe, let us fuppofe that Capt. Barney had delivered up the frigate which he command- ed, to the Britifh in the Chefapeake, and had landed, and the French Government had demanded the delivery of him for the purpofe of punifhment, and had threatened us with war, in cafe of refufal, is there any doubt that we fliould have delivered him up ? And fhould we not be juftly deemed accomplices of his crime, if we fhould refufe ? Now the cafe of thefe two blach men, is precifely the fame with that of Capt. Barney. — Mr. JefFerfon calls thern cit izens of t he IJnitedStates ; if fo, their right of expatriation is as great as that of Capt. Barney, or of Mr. JefFerfon ; and when once legally entered into foreign fervice, if they defert, they are as much reclaimable as either ot the. othe rs would be. I have briefly confidered the cafe of thefe men belonging to the Melampus, becaufe fome people have or pretend to have, fcruples on this fubjeft ; but I repeat, that the cafe of thefe men forms no part of the real queftion. C 18 It will conilitutc i.u part of the dilcufllou between the two countries ; it does not affeft the merit or demerit of Admiral Berkeley : He ordered his officers to take Richard Hubert, Jen- kin Ratford, and George Nortli, thefe were all native Englishmen. His officers could find but one of thofe men, but they found three 1 others, whom they had no orders to take, but who were deferters. If they were millakcn in thefe three laft men, (luh'tch they ivere not) and had no right to take them, it does not render the order for taking tlie real Engliflimen, and the aftual execution of it by fcizing one of them lefs correR. My brother farmers, will under- fland this better, if I put a cafe jujl Hie it. — A Sheriff has a war- rant to fearch a neighbour's barn for two ftolen horfes, fufpeAed to be concealed there : He enters, and finds one of the Jlolen horfes, and he alfo takes a cow, which he thinks was ftolen from another neighbour. Suppofe it ftiould turn out that he fhould be wrong as to the cow ; does it render the warrant for the horfe illegal, when he really foiuid one of the ftolen horfes concealed there ? Thus, then I have confidered, and ftated all the fads as yet afcertained, as to the caufe of this attack ; and it appears, that four trat'tve Britlfh feamen and deferters, who deferted in our territor}', were contrary to orders enlifted and entered in our ftiip Chcfapeake ; that they were demanded of the inferiour officers, and lailly of the Government, and were not delivered ; — that a forcible attack was made to recover thefe men ; and though three of thorn had efcaped, one was aftually found concealed on board of our fhip ; and that twenty Br'it'ijh failors were found to have been entered on board of her. I fliall now proceed to examine the principles of the Law of Nations on this subject, and whether we were in good faith obliged to deliver up thefe deferters ? The firft qucftion which prefents itfelf on this point is, how far the fubjefts of a nation in time of war, have a right to expatriate themfelves, or to enlift in foreign fervice, even in ordinary cafes, where they have not entered into fpecial engagements with their Sovereign ? — On this point all the writers on the Law of Nations, moft of whom are on the fide of freedom, and the privileges of the citizen, agree, that fubjefts not in publick employ, cannot expa- 19 ^^ triate themfclves while their nation is al 'war. Burlamaqui, Vattel, Grotius, and Puflendorf, all hold the fame opinions, but as it would exceed the limits of this effay, to quote the opinions of all of them at large, I fliall confine myfelf to thofc of Grotius, a Dutch writer, whofe excellent trcatife on the rights of War and Peace, has been confidered a !landard work upon this fubjeft. In the XXIVlh fcftion of his Vth chapter, he lays it down as a general principle, that the fubjedls of any nation may change their country at pleafure, to which general rule, he makes the following exceptions : — " And yet herein alfo, wc are to fubmit to natural equity, that it fliould not be lawful when the publick was damnified by it. — For as Proculus obferves, always not that which is profitable to fome one of the fociety is ufually to be obferved, but what is expedient for the whole. " But it is expedient for the whole, that in cafe any great debt be contra6led, no citizen fliould forfake the city, until he have firft paid his proportion of it. Alfo, if upon confidence of the number of their citizens, they have begun a ivar, but efpecially if they are in danger to be beftegedj no citizen ought to forfake it, till he have firll provided a perfon as able as himfelf to defend the Common- wealth." In this point all the writers on the Law of Nations, are agreed, and if they had been filent, the dictates of common fenfe and natur- al equity, and the firft principles of the focial compadl, would have decided the queftion. In the cafe of Great-Britain, all the reafoning of Grotius, applies to the conteft in which flie is now engaged. It will not be denied that flie has undertaken this war " in con- fidence of the number, and abihty of her fubjeds ;" nor will it be queftioned, " that flie is not only in danger, but is aftually threat- ened with being heficged''^ by the mofl formidable power which the world has ever feen. We cannot therefore, refift the conclufion of Grotius, that no private citizen of Great-Britain has a right to forfake his country, without providing a perfon equally able to de- fend the Commonwealth. If this dodlrine is true with refpeft to private citizens, who are only bound by a tacit and implied contract, how much ftronger is 20 the principle when apphed to pcrfons in publick employ, bound by an dsprefs agrec-nicnt, obliged by their having received the publick money for their fervices, and on whofe fidelity the cxiftence of the nation more immediately depends ? All civilized nations have united in confidering defertion from publick fcrvice, one of the moil heinous offences. In America, France, and Great-Britain, it has been often punifh- ed with death. If it be therefore the higheft crime, and one of the greateft inju- ries which a fubjeft can do to his country to defert its fervice, can it be neceflary to prove that it is unlawful for a friendly nation to receive, encourage, enlift, and defend by force fuch deferters ? In fupport of tlie mouftrous opinion, that it is not unlawful, fome people have remarked, that by the modern ufages of nations, criminals who have committed offences le/s than 7nurder and forgery, are by the courtefy of fuch nations, not demanded when they efcape out of their own country into a foreign one. But let me af]<, why are murderers and forgers excepted from the general rule ? Is it not alledged to be, becaufe juftice requires that fuch heinous criminals fhould not efcape punifhment ? Becaufe the peace of the nation, whofe laws have been violated, requires that an example fhould be made of fuch great offenders ? And fuppofe that it fhould be more important to a nation to re- quire the delivery of her military deferters, than of the criminals abovcmcntioned, would flic not have a right to require them ? On the qucftions of the Colonial trade and of the impreffment of feamcn from our merchant fliips, our Secretary of State founds his chief argument upon the filence of the writers of the Laws of Nations on thofe fubjefts. And cannot the argument be retorted with equal force on this point ? Not a didlum can be produced from any writer to prove that neutral or friendly nations have a right to protcA the deferters from the fervice of belligerents. And yet all thefe writers difcufs the queftion how far nations can harbour the criminals who efcape from other nations ; and if any fuch right as the one for which fome Americans contend, was conceived to cxifl, is it pofTible that fome one of thefe luuncrous writers would not have mentioned il ? 21 In fadl the acknowledged ufage of all civilized neutral nations, in reftoring fuch dcfertcrs from the armies or (hips of nations at war, the abfolute neccflity of fuch an ufage to the exiftence of nations, perfeAly account for this filence. A faft which took place the laft year, in our own country, proves that tlic French officers view it in this hghi. Admiral Willaumez met with an American brig at fca ; he found in her four dcferters, who had efcaped from the Valcurcufe frigate. Not content with taking them out, he writes a letter* in a moft indignant ftrain, to his Minider at our Court, and dcfires him to demand fatisfaftion for this m'ljcon- du8 ; — not for the mifconduft of one of our publick officers, ia enlifting his men, and refufing to deliver them when demanded, but for the mifcondudl of a private citizen, in daring to employ men, who had been once in the fervice of his Imperial Majejly. This cafe, though an extravagant one, and partaking of the charafter of French domination, is ftrong evidence of the general underftanding of military men, that " deferters from publick fervice cannot be harboured." Such feems to have been the impreffion of our own Government, ' "To Gen. Turreao, French AmbalTador at Wafliington. " MY LORD, " You have learnt by the arrival of fome of my fcattered fliips in America, the unfortunate event by which they were feparated from me." [Here Admi- ral Willaumez gives the detail of the tempeft.] That at this date the Foud- royant was nearly new mailed, and proceeds to enforce to General Turrreau, how neceflary it was that the lliips which had put into the American ports in diftrefs, fliould haften to join him at the Havana, where his fquadron if collect- ed and united to the Spanilli force at that place, would in effedt oppofe a flrong fquadron, and double to that of the Englifli, who at Jamaica, have only- two line of battle fliips. Admiral Willameuz further fays, that he purpofed going to Vera Cruz, agreeably to the projedt of the government of the Spanifli colony of Havana, to bring fome miUions of dollars, which he ftates will bo more apropos, as the French Emperor had a right to the payment of one mill- ion of dollars of which the fcarcity was very great at the ifland of Cuba. Ad- miral Willaumez then continues, " I have jufl apprehended four feamen, dcfert- ers from tlie Valcureufe frigate, which I found on board an American brig, where they had engaged at feventcen dollars per moiuh. Now, fir, if you can fucceed in making the American government pay down a compenfation for this mifconducfl, in feducing thus our feamen, you will punifli it by making it I'mart in that point in which it feels moft, viz. its avarice in money, and with fo much the more jufticc, thofe people (meaning the American merchants) have for three years part been continually injuring our marine by feducing our beft feamen from us. (Signed) Le C. Ad. P. WILLAUMEZ, On board the Foudroyant, Havana, 25th OiSober, 1806." 22 :iiid its orders on this fubjeA are conclufive as againll ourfelvcs. It diredcd its officers not to enliil defertcrs from the Br'iUJh jh'tps ; — if this order had been iffued and executed in good faith, we fliould have been fully acquitted, even if dcferters had been unintentionally en- tered and found on board, and the whole weight of unprovoked hof- //7//J', with which Great-Britain has been charged, would have reli- ed upon her officers. — But unhappily for us, after admitting the Law of Nations to be as we have ftated, by ifluing the abovemen- tioncd order, our fubfequentconduft evinces cither a want of fincer- ity in ifluing that order^ or a fubfcquent change in the policy which dilated it. If it had been made with good faith, why was not a regular fornnal enquiry made upon Mr. Erflvine's demand ? Why were not the Britifli officers invited to point out the men, and ex- hibit the evidence of their claim to them ? Was not the demand of a publick. Miniller fufficiently folemn, and did it not require fome notice and rcfpeft ? Could it be imagined that our officers could know tlie deferters by intuition ? or was it prejumed \\\2X. theyjincw them to be on board, tn d'treB breach of the orders aforefaid, not to enliil them ? Will it be contended, that they were ignorant who they were, and that they relied upon the culprits coming forth of their own accord, out of a crew of 400 men, and faying " Ecce homines, we dcferve a halter ?" It is apparent to every fair and candid man, that if the order was iffijed in good faith, when the Britifh officers gave notice that five of their feamen were enlifted, there was but one plain, upright courfe — to adc the Britifli officers to point out the men. But would you deliver up men upon the mere declaration of Britifli officers ? ! ! — Do not be alarmed, I would not ; — but I would inft^itute an official, enquiry, in wliich the Britifli officers as profecutors, fliould be permitted to exhibit their pioofs of their claim to the men charged ; and the allcdged dcferters fliould have ample time, and the aid of Government to fubllanliate their claims to our proteftion. This was the courfe of nature, of truth, of good faith, of national juRice. It was the way to avoid mifunderflanding, to fave the lives of our citizens, which have been deftroyed in confcquencc of 23 the ncgleft of this courfc, to avoid IVar, with which wc are threat- ened. There is nothing in this procedure derogatory to our national honour. It was referving the jurifdiAion and trial of the qiicflion to ourfilves. It would have given perfeft fatisfaflion to all par- ties, and would have heightened the confidence of all nations in our good faith. It was pecuharly proper in this cafe, becaufc the alledged defer- tion had taken place in our own territory, while the fhips of a friendly power were under our proteftion. We were therefore bound to know, or at leaft to enquire into the fafts, and to render juftice. A refpe8 to our territorial rights, alone prevented the Brit- iHi from retaking their criminals by frefli purfuit. A refpe£l to ourfelves, and to the obligations of an impartial neutrahty, required that we {hould render them that jujl'ice which their refpeB for us pre- vented them from doing for themfelves. But why was not this natural and fair courfe of procedure adopt- ed ? The hiftory of the cafe gives the anfwer. Upon fuch an in- veftigation and enquiry, the deferters from the Halifax would have all turned out to be native Britifli fubjefts ; of courfe there could have been no apology for not rejlorlng them. On the other hand, to reftore to thofe enemies of the human race, as I have heard fome perfons call them (hojles humani generis) the very means by which they were to annoy the fleet of our illuftrious friend, the Emperor of the Weft, and this in the vcy face of his augujl reprefentaiive^ would have been to hazard the difpleafure of our firmeft, fafteft friend. In other words, deep rooted, and cultivated antipathy to Great-Britain, and an habitual dread, as well as fuicere partiality to France, forbad the adoption of any meafures, which, by conciUating the former, would tend to render the latter more jealous of us. But fome honeft, and a fetu able and refpeAable men, who gd along with us in our opinions to this point, who agree, that the praftice of enlifting Britiili deferters is extremely wrong, and a vi- olation of neutrality, and even in the opinion, that our own conduft in this affair might juftify hojlilities from the government of Great- Britain, ftill contend that Berkeley had no fuch right, that it be- longed only to his government to wage ivar. 24. To this opinion two anfvvcrs may be given, both of which are pcrfodly fatisfaftory : — HI, That although this doftrine may be o-cncrally true, and it certainly very much conduces to the peace of nations to maintain it, yet it is an affair altogether between the fubahtrn officer ami his government. Surely no man will be fo mad as to contend, that Admiral Berkeley's having done this aft with- out the authority of his government, is a greater caufe of complaint, a greater infult, or a more iullifiablc ground of hoftility, than if the Britifh government had ordered it. If, therefore, that govern- ment, after revievnng all the conduft of that officer, and the cir- cumftances of provocation, fhall approve the ftcps he took, it will iland prccifely on the fame footing, as if Mr. Erflcine had reported our refufal to deliver the deferters to his government, and that gov- ernment had ifTued an order to re-feize the men by force. 2dly, It is a great miftake to fay, that a fubaltern officer can in no cafe whatever, of his own authority, make reprifals or commit an aft of hoftility. It is true that military men are confidcred in a great meafure as machines, in the hands of their fuperiors ; they are bound to obey orders, and can exercife their difcretion fo far only as is necejfary to the execution of thofe orders. But if in the courfe of fuch duty, an unexpefted incident takes place, which goes to defeat the objeft of their orders, that fame mihtary ftrift- nefs requires that they fliould remove fuch obftacle if prafticable. An officer is fent, as was the commander of the BritiHi fleet in Hampton roads, to watch and prevent the efcape of an enemy — he lands the guns of one of his fhips to careen her. — A neutral rtiip of war, direftly before his eyes, lands and puts the guns on board, and proceeds \.o fea — will any man be fo unrcafonable as to contend, that the Britifli officer cannot purfue fuch fliip, demand his guns, and on refufal, compel by force the furrender of them ? Sliall he fubmit to fee the objeft of his expedition defeated, and report to his government that he conceived it to be more proper that the guns (hould be diplomatically demanded P But, fay fome other olijeflors, true, in extreme cafes, the law of felf-j)r(.fervation will juftify an inferior officer in making forcible re- prifals, but was the cafe of Admiral Berkeley fuch an one ? My an- fwer is, that everv officer fo entnillcd, niiiil iud)^e for hinifelf. He or. takes his honour and Hfe in one hand, and his fword in the other. If his government juftifies him, he efcapes — if Hie condemns, he falls. But that Admiral Berkeley had rcafon to apprehend a total do- ftruftion of the Britilh fquadron on our coafts, the following fafts feem toeftabhfli : — 1ft, It is alledgcd that dcfertion had become fo frequent that the Britifli fquadron had loft nearly an hundred men, between March and June, and great rewards had been offered at Halifax, by the Province^ for the apprehenfion of thefe deferters. 2dly, Although Captain Barron gave fuch wretched protcAion to the deluded men who entered on board his (hip, ftill the example was fo contagious, that immedialely after three men deferted, landed near Hampton, and were fecntecl by our inhabitants. Nineteen Britifli feamen rofe upon a Britifh cutter, and brought her into the Delaware, where they landed, were protefted, and have not been delivered up ; on the contrary, our newfpapers congratulated " thefe much injured and high fp'irited mcHf" on their fuccefs. Six men ran away with a boat of the Columbine, at New- York — and fix more landed at New- York, from the Jafon, and are all concealed in our country : — and laftly, fixty-five failors rofe upon their officers, in the Jafon, with the intent of efcaping to onr friendly fijores — and thev would have fucceeded, had it not been for the timely and fpirited interference of their officers. This frigate has fmce arrived at Halifax, with fifty of her crew in irons, fo that her cruife againft her lawful enemy was defeated. Can any- one deny, after thefe ex- amples, that the cafe was fo extreme as to juftify an officer in re- forting to force, after every other means had failed ? But it muft not be forgotten that the true, and indeed only real queftion between the two nations is, whether the fadls which preceded the attack on the Chefapeake, amounted to fuch a provo- cation, that if reported to the government of Great -Britain, that government would have been authorized to make reprifals, or even to declare ivar againft us ? — Let any man confult the writers on the Law of Nations, or his own feelings of moral propriety, and decide. This is certain, that as a belligerent nation, we fliould 1 be the lafl to fubmit to a principle, which in its operation would completely defeat the beft concerted military enterprifes. And aue fhould think that our moderation had been fufficiently 26 inaiufelled, if, after three fcveral inferior demands, ourpubliek miii- ilters liad made a. formal demand of another foverelgtiy and been re- 1 jufed redrrfi. But admit, if tl k' pojjiblc, that all the reafoning we have cited is wrong, and th:it we have good caufe of war againft Great-Britain, does it follow, that war is necejfar'ily to be undeitaken ? Are there no cafes in which war, though juftifiable, may be avoided, without difhonour ? Let us liften to Grotius on that point : — " It is better fometimes to remit our own right, than to engage in a doubtful wa: for it," " efpecially if undertaken to exa8 puni/hment'^ — which i; precifely the cafe in this inftance. We have no principle, no inter- eft, no motive for war, but to exafl punjjhment in a doubtful cafe. Again fays Grotius, " No prudent man will adventure in fuch an enterprife, where good fuccefs fliall bring little profit, but when- the leaft mifcarriage may prove fatal." " Grant that our griev- ances are unjuft, and unworthy to be borne, yet it vrill not follow, that we ought, by ftriving againft them, to make our condition j luorfe." Apply it to our prefent cafe. If vfefucceed in the war, we gain the right to cover a few Britiflj deferters, whom we do not want, and which, as Grotius fays, will bring little profit ; but we hazard our lives, our liberties, our gov- ernment — we do not hazard our property ; that, together witli our neutral advantages, will inevitably go to enrich our enemy. Bu',. fome people fay, we do not go to war for Briti/h deferters — thofc we do not want — we arc better without them — we go to war t(> make Great-Britain give up the right oifearch of our Jhlps of tuar. This is one of thofe errors which certain artful men have pur- pofely interwoven with the cafe of the Chefapeake, with which ii has no connexion. Great-Britain docs not claim this right — Hie will renounce it by treaty — flie at this moment abfolutely diflaims it. The cafe of the Chefapeake was not grounded upon it ; it was ;i reprtfid for a wrong done by us ; for a wrong for which remcd) had boon refufod ; and it is, by the Law of Nations, the only rem- edy Jhort of war. • It is not iiTinrobable tliat Admiral Berkeley will be recalled to afcertalii r.ititfa(fl(irily ^vllcl^lo^ the aflair of tin.' Chefapeake is truly a juflifialilc aifl ol 'ifjrlfal, or the afTumption of a general right to fearch pubLick (liips, wliici" U|K r ilu-y difclaim. 27 It was no more founded on the right of fearcli, than if one of our (hips on the high feas, in time of peace, (hould forcibly feize a boat belonging to a BritiHi fliip, with a lieutenant and crew on board, and fliould hold them in durefs after demand ; and thereupon the Britifli captain fliould attack and difable our (hip, and retake his men ; both thefe adls are equally rcprifals for previous injuries, and are both founded on the laws of nature and nations. I aflc, once more, is war ahuays to be undertaken, when it is juftifiable ? I anfwer, our own praftice proves the contrary. France captur- ed our fliips in violation of the treaty of 1778 — flie afterwards fet up the abominable doftrine of the role d^ equipage., and condemned millions upon it — (he afterwards decreed, that all neutral veffels, having one dollar's value of Britifli manufafturcs on board, fhould, together with their cargoes, be lawful prize ; and feveral more millions fell under this pretext. All thefe afts were violations of the law of nations — all of them were caufe of war — yet we did not go to war — we made a treaty, and inftead of her making either acknoivledgment or faiisfaHion for ei- ther of thefe injuries, we explicitly renounced all claims to them. Spain (hut the port of New-Orleans, contrary to treaty — (he did it with marked infolence — (he has fince marched armed men into our territory, feized our citizens, and lately has taken pofTelTion of fome of our national military ftores — ftill we have not made war upon Spain, though war would have been juftifiable, and though, both with regard to France and Spain, we had given no caufe of ojfence, as we have done in this cafe to Great-Britain. If it be aflced, how it happens that the men who were in favour of war with France and Spain, are oppofed to one with Great- Britain — I anfwer, 1ft, That the injuries of Fiance and Spain were unprovoked, and therefore atrocious : 2d, That thofe of Great- Britain have been provoked^ even by the acknowledgment of oui- government, who ordered its officers not to enlift deferters, which or- ders were openly dif obeyed — and therefore the caufe of war is doubtful : but laftly, Such was the local and political fituation of France and Spain, that they could not injure us, while they were at war with Great-Britain. An impafTable gulph lies between us — but we are 'J8 vulnerable at every pore by Great-Britain. By her immcnfe and gigantick naval force, (he comes in contatl with us in every fea. To dcftroy our commerct, would be mere fport to her marine ; and although the Editor of the National Intelligencer, and his patrons, may think the ruin of 250,000 merchants a matter of fuch perfeft indifTerence, that he will not fuffer it to mar a fine calculation, yet the people of New-England feel differently. They know that they arc neceffarily a commcrchil people ; they have not one million Haves to labour for their fupport ; they live by the fweat of tlieir oivn brczi's ; their fons, their kinfmen, their friends, are engaged in commerce ; and we farmers of the northern Hates, arc not fo fool- iib as to believe that you can deilroy commerce without inflicting a deep wound upon the interefts of agriculture. We are now naturally led to confider the expediency of war, in relation to our means of annoyance, refources, probable loffes, and general effedls. In eftimating thefe various branches of this extenfive queftion of expediency, I fhall not enter much into the details, but fhall Hate them with all polTiblc brevity, confillcnt with pcrfpicuity. Our means of annoyance, and refources as ftated by the advocates of war, are of two fpecies, diredl and indireft, military and commer- cial. Of our military refources one would think that but little need be faid. The jcaloufy of military force always fufficiently ftrong, has been flrengthened by our philofophick adminillration ; the iiecefTity of conforming to the falfe opinions and prejudices by which they ac- quired power, has obliged them to deftroy even the little mihtary and naval force, which their predeccffors had built up. The Prefi- dent has taught the people to believe, that the experience of all nations and of all ages, was of no avail ; that all his predeccffors in power, from Saul to Bonaparte, have been miftakcn in believing in the neceffity of force in order to maintain rrfpni ; that the fenfe of juftice is the linnell hold, and rnifun the mod effettual weapon to proteft our rights, or to avenge injuries. With this all conquering weapon he has marched boldly on, till he has brought us into the field witli a foe, who having been challenged to meet us there, will take the liberty to ufe his oiun weapons. 29 If our little band of 3000 foldiers, could be drawn off from the defence of a frontier of 5000 miles, and from our tottering forts, more dan"-crous to their defenders than their affailants, and if Mr. Jefferfon could by the force of reafon, pcrfuade our enemies to enter a fmall defile, like that of Thermopylx, perhaps even thi; little knot of heroes might be immortalized by vidlory. So alfo, if our enemies would be gracioufly pleafed to run their line of battle {hips aground in convenient numbers, Mr. Jefferfon 's naval force would be found very effeftive, or, which would be ftill more con- venient, and good humoured on the part of our enemies, if they would fend one fliip at a time, to permit Mr. Fulton to make three or four experiments, we could in the courfe of two years, deftroy the Britifh navy. But we have 100,000 militia, and we can by the very cheap procefs of an aft of Congrefs, increafe this number at pleafure. If the war was to be a defenfive one, like the laft, it mull be admit- ted, that this fpecies of force may be calculated upon. But the militia cannot be marched out of the United States, and we have no ufe for them nvithin. But they would volunteer their fervices to take Canada and No- va-Scotia. — I do not fay that this achievement is impoffible ; but I am furprifed, that our publick writers fliould be fo httle fparing of our feelings, as to recal thofe two fcenes of our misfortune. — The plains of Abraham, and the Ifthmus of Penobfcot, exhibit no hon- ourable monuments of either our power or conduft. But perhaps we might have better fuccefs in another attempt ; perhaps with the lofs of twenty thoufand men, and the expenfe of fifty millions of dollars, we might take, and garrifon thofe provinces, with the exception of the city of Quebeck ; that city we probably could not take.* Suppofe us then in quiet poffeffion of thefc * It is furprifing with what confidence men who are totally ignorant of the ftate of thele provinces, boaft of taking them at a flroke. Quebeck was in a ruinous fituation when attacked before, and yet we failed in our attempt, though we had two armies before it. — It has fmce, been thoroughly fortified, and i- now the Gibraltar of America. We have no reafon to doubt, that it would hold out againft the tihole French army, at leaft: as long as Dautzick. We O'l the other hand, are deflitutc of engineers, or military iTvill fufficicnt for fuch an operation. But we fliall be told, that we fliall have French officers, French flcill, French artillery.— And is this our c-.vfjiaikn ? Hie metus ! hcu libertas I 30 provinces ; of what benefit will tlicy be to us, or what injury tlie lofs of them to our enemy ? To her they have been a conftant fourcc of expcnfe. To us the one would add a mafs of population, hoftile to us in feelings, language, manners, religion, and attached, finccrely, and irrevocably fo, to the nation whofe power and afccnd- ancy we have the highell reafon to dread. Every Canadian is a Frenchman at heart ; flaves to their priefts, they can eafily be per- fuaded to join the imperial banner of France, whenever the Empe- ror lawfully authorized by the Sovereign Pontiff, fhall think proper to difplay it. Fifty thoufand Canadians, difciplincd by French veteran officers, after effecting a jundlion with .50,000 Louifianians, who are equally French in charadler and feelings, would become very uncomfortable neighbours to the United States. Nova-Scotia does not offer a more tempting prize. — A country, poor, miferable, producing no flaple article, populated by men, em- bittered againft us, by a thoufand recollections, and who, probably, in half a century, will not have forgotten their deep rooted preju- dices againfl us, and our fyflem of government. We cannot, more- over, retain Halifax, without a fuperior naval force. It will not be pretended therefore, that our cxifting military means, directed and apphed by our pacifick commander in chief, ought to infpire great confidence in fuccefs. But we may be told, and nve are gravely told, that wc have an I immenje revenue. Our overflowing treafury appears to have em- barraffcd our government to find means to employ it. As reafon is Mr. Jcfferfon's only weapon in his exifling contefts with Great- Britain and Spain, and as that cofts no more than Mr. Madifon's falary and clerk hire, he never dreamed that it was poffible that his reafon might perchance fail of producing its efFe6t, and that we fliould iiave occafion fur the ultima ratio rcgum, poiveler and halls. It is polTible that fome weak minds may really believe that our revenue is a war rcfource, and that it juHifies our holding a bullying language to Great-Britain. For the information of fuch men, we fhall flate this point briefly. Our revenue in time of peace, is 10 millions of dollars, of which nine tenths are derived from impofls on merchandize. This revenue, if it could continue, is but one 31 ••••i feventeenth part of that of our propofcJ enemy, anil would be wholly inadequate to war operations. Four jnilliony of it are pledged to pay the intercft of the national debt, which if we fail to do, not a cent •will ever be obtained by loans or othcrwife. The remaining fix millions, would defray the expences of a war about three months annually. For the remaining nine months, each year, we mull fcek other means, and incur a new debt. But as it is ad- mitted by Mr. JefFerfon's paper, that our commerce will be deftroy- ed, our revenue founded folely on that commerce, wxWfall 'with it. Two refources which our prefent rulers have rendered as unpop- ular as their talents would permit, muft then be reforted to — loans and taxes. Paft experience has rendered the monied intereft too wife, to ad- vance their money without the pledge of new taxes ; and even with fuch a pledge., an adminiftration which has avowed its hoftility to publick faith, and the individuals of which openly propofed to cheat the publick creditors, before they came into power, can with a very ill grace propofe to borrow, or expe£l to be believed, when they promife to pay. But grant that loans are obtained, and that the war is carried on with fpirit ; taxes muft be raifed to pay the intereft of thefe new loans. The odious fyftcm of excifc muft be revived, and the ad- miniftration muft be compelled to acknowledge by their conduft, the wife forefight of their predecefTors. But as an excife of double the former amount, would only produce as much as the former, owing to the diminution of confumption produced by the diftreffes of war, this fource of revenue will only produce 750,000 dollars per annum. We muft then calculate upon about 20,000,000 dol- lars dirc6t taxes annually, on land and JIaves. In laying this tax, Mr. JefFerfon wnll have occafion for all his 100,000 militia and volunteers ; and if we thouglit him as much of a ftatefman, as his friends pretend to do, we ftiould have fuppofed that this was the motive for raifing them. To bring this part of the happy eftefts of a war for Brttifh deferters, home to the bofoms of the farmers of Maflachufetts, this ftate's proportion of the annual war taxes to be levied on lands, would be about two millions of dollars per annum, or about fixteen times the amount of our ^reicntflate tax, and about 32 double that of our whole ftatc debt ; and if the war fliould laft five Aears, and there is no profpe(ft of a fliortcr ifTue, wc (hould have j)aid, if we fhould be able, 10 millions of dollars, or a fum equal to eighty years prefent taxes. — Nor is this the worft fide of the pic- tuic ; — as the New-England farmers are in the habit of paying what they owe, as long as they have any thing to pay with, and as the citizens oi fame other dates do not pay till they arc compelled, it would refult, that the chief burden of the war would, as before, fall upon us ; — heavy balances of debts would be accumulated againft tlie fouthern ftates, and, after the peace, we (hould have another a3 of Congrefs to wipe off thefc balances, as was urged with re- gard to thofe contracted during the revolutionary war.* Thus then we fee what fort of reliance we can place upon the A.merican army, navy, and revenue, in an ofFenfivc war againfl Great-Britain. But we are told, that we can make a predatory war upon the Britifh commeixe, and our adminiftration gives another proof of its fpirit and ability, by propofing to repofe the conduft of the war in the individual enterprize of its citizens. — This is prccifely in charafter : but even this reliance, feeble and humiliating as it is, will fail. — They will permit the people of Maffachufetts, to be as good judges of this fubjcft, as any in the United States. Inftead of fitting out their 700 dull failing merchantmen a? pri- vateers, their pad experience teaches them, that with every advan- tage that fyftem cannot be purfued.f Great-Britain towards the • Soiitli-Ciinilina is faid to he jiift collecting the tax hiifl in 179S, and wliich rce paid, nearly fevcn years fnicc ; and as (lie pays, I prcfume, no intcreft for tliis delay, it lixs hccii at our cxpenfc. — She has laved 50,000 dollars by this plai'., out of tlie dales wlio paid with puntftuality. t Tlie opinions here cxprilTed are perfectly conformable to thofe of our lieloved \\'a(hingt(>n in a cafe limilar but lefs ftron;^. 'I'hefe opinions may be fcen in a letter addrcflitl from the Executive department to Mr. Mon- rot, dated Sept. I'J, ITy.'i — of which the following is an extradt. " How prej)oflerous is that policy which recpiircs us to abandon and dedniy the -uery oLjefi, for the frrprvnlioii of which hoftilitics are to be roinmcncetl ! It may not be aniifs," he adds, " to enlarge on the confc- tjiiencc* of our engaging in ti>e war a<^iinft Great-Uritain. " I. Seeing llie has the conunand of the fea fand appear.mccs hidicatc flrong- ly that flie will maintain that command.) our commerce might in one year lie annihilated, and tlioufands of our feamen be fluit up or dying in jails and prifon (hips, hi addition to her fleets now in conunill'ion, jirivateer.s would fwarm, as foon as obje profligacy and infamy of fuch propofitions have no weight in the eilimation of our fellow citizens, (which I will not believe) they will furely liilen to the maxims of experience, a dear bought expe- rience, and an enlightened policy. How trifling a fum it produced to the nation in the lad war, every publick man knows. — Its only tendency was to fcreen a few fraudulent debtors, who rejoicing in an opportunity to defraud their homji creditors, could of courfe, think it no robbery to defraud the publick. Nothing came into the publick cheft, and even the joy of the fraudulent debtor was extremely Jhort liveJ. At the treaty of peace, Great-Britain, as muft always be the cafe, infift;ed as a fine qua non, upon the reftor- ation of the rights of her bona fide fubjcfts. — The courts were opened to the Britifh creditors, and the debtors were compelled to pay with accumulated intereft : — nor was this the nuorjl part of it ; the Virginia legiflature refufed to obey the publick authority ; it neglefted to open its courts ; their citizens who owed the Britifh merchants, availed theitifelves of this fufpenfion of right, of this Jlate rebellion againft the treaty, and became bankrupt. Great- Britain infifted on redrcfs, for this violation of the treaty, and Mr. .lefTorfon ratified a convention on this fubjeft, and has paid to Great-Britain three millions of dollars, on account of thefe fufpend- ed debts. Is our paft; experience then favourable to a repetition of this fyllem of iniquity ? But nations ought to be governed by more extenfive policy ; — mcafures ought never to be reforted to, the tendency of which, is to debafe the morals of the people, and to fink tile national charaftcr. If we go to ivar with Great-Britain, it will not be eternal ; — peace mud fooner or later arrive : our intercfts, tlie great and ef- fential intereils of our country, require that Europe fliould be our work fliup : — fo fays Mr. Jefferfon ; fo all fonfible men admit. — Great-Britain is the cheapeft; labourer ; her manufaftures are fuited to our iiabits, and our necelTities. But neither Great-Britain, nor any other nation with whom we may by poffibility be embroiled, will ever trull us, if we pafs confifcation laws, without adding to the price oi the good, a premium for the rifle of a fraudulent confilcation -, 35 and as all fuch riiks are over eftimated, we fluiU probably pay ten times over, for the paltry and wicked fatisfaftion of robbing her private citizens, who have trullcd their property to ours. Such were the enlightened views of Mr. Jay and Prcfidciit Wafhington, and few men had better opportunities of judging of the eifcdls of confifcation. Mr. Jay was dire<^ed, and did accord- ingly agree to an article, which is a permanent one, and ftill in force, ftipulating, " that in all future wars between us and Great- Britain, no confifcation of private debts (hould be made." — Can it then be contended, that in the only cafe in which the article was to operate, it becomes void ? And will it be pretended that nations can make no regulations to foften tlie rigors, and IcfTen the calam- ities of war ? Without fuch an article, Great-Britain never would make peace with any nation whom flie fupplics, witliout ftipulating for the payment of debts due to her citizens, and •with fuch an article in her hand, what could any honeft American commiflioners for making peace, fay to her negotiators ? The man muft be hardened indeed, who will contend, that we ought to exercife a power, malum in fc, debafing, corrupting, difgraceful, and in face of a pofitive, humane, and honourable ftipulation. But fecondly, we are to ruin the manufaBurers of Great-Britain, at the very profpeft of a war they were to rife in rebellion ; the prophecy on this fubjedl, has turned out already to be partially falfe. Inftead of that terror, that violent oppofition to war from the manufaAurers, we hear of no difturbance, and very little uneafinefs. The great manufadluring towns in England, have taken no fteps to prevent a war or to exprefs their anxiety about it ; on the con- trary, we learn from petfons who have arrived from England, that a war with us is at leajl not unpopular, and efpecially in Birming- ham, which is the greateft work fhop for this country. I might reft the argument here, for it will be admitted, that no people are better judges of their intereft, than the manufafturers of England ; and if a war would be fo ruinous to them, they certainly wduld not be quiet as we hionv they luere, though a war was expected. But I will give a very brief fummary, to rtiew that a war would npt be very injurious to thefe manufadurers. 111. Their articles arc many of them of the firjl nccefiity, and nations at war with them, mull and will get them, in fpitc of pro- hibitory repjulations. Bonaparte has exerted all his power for five years, to Unit out their manufaflures, and yet his own army, and even court, are openly clothed in them. If 700,000 troops can- not fhut them out of France, will patriotifm without a fword, ef- feft it in America ? Patriotifm did not prevent hundreds of our countrymen from fitting out privateers and taking our own veflels ; many have grown rich by plunder of this fort. Patriotifm does not prevent the flavc trade, though the laws are fo fevercly pro- hibitor)-. In fliort, patnolifm cannot be calculated upon, to effeft that ivhicl) poiver finds it vain to attempt. 2dly. A much fmallcr proportion of the population of the unit- ed kingdoms of Great-Britain and Ireland, are employed in manu- fafturing for us, than we have ufually thought. — Not more than one fixth part of the population of Great-Britain, is employed in any niatiufadures. Four fifths at leaft of the manufactures of all nations, are confumed at home. Great-Britain exports only about fix milhons worth annually, to America, and it is only the profits on this capital, which flie would lofe, which would not exceed one million. — She might not even lofe that ;— the capital which is now employed in manufafturing for us, may be withdrawn from manu- faAures, and employed in agriculture and commerce, and it would only be the difference of profit between the new employ, and the old, which Hie would lofe. But grant that flic fliould lofe one mil- lion per annum — will that materially affect the policy of a nation whofe leveruie is 40 millions ? Is Great-Britain to be ruined by an additional million ? If that be the cafe, to borrow a phrafe from a writer of our own, " We have only to gather up our garments and fall with decency." If Great-Britain be fo reduced as to be ruin- ed by one million more, Jbe mujl fall, and how long our rights and liberties, and the liberty of the feas will furvive her, I fliall endeav- our to fliew briefly in the conclufion of this fl 111 all free govcinnieiits, publick opinion mull eventually direA the mod important meafures of the adminiftration. When once ex- prcfTod by the legal *cnnJl\tuUd authorities^ it is binding upon all the citizens, though it is^/7/ competent for them to ufe the prcfs, in • We fay, that when cxprefTec! by the conf.itutcJ aulloritiis, this publick opin- ion oii^ht to be treated witli tlie hi^^hift rcfpiii ; and one would iiave fuppofed, that in a country like ours, which boafts ot its light and information, a con- trary opinion ctnild not prevMl : but the National Intelligencer, in its ferious rcafoninjf, confiders the exprellum of the publick opinion, by the poi)ulace in about Itf^h'f mercantile towns as binding on <;// i/m- citizens. \n reply to fome rciifonings, endeavouring to fliew that war would not be juftifiable, that paper ' remarks, that it is unnecelVary to enter iiUo the difculVion of the jufbcc of a war, "the people have decided that queflJon — they have lul/UJ it, unlefs ample rep- aration be made." 'J'he Chronicle holds the fame language. Now we undertake to lay, that the numbers and the violence difphyed on this occalion, were lefs than thofe which appeared in oppoGtion to the Britifb Treaty — every one of the fame great cities was in oppolition to t/jat inflru- ment — but, happily for our country, Walliington did not miflake the clamoursr of a multitude in a great city, which />,:jiea/>/e mi-/i think it more prudent to go with than to oppofe, in the firfl pcjroxyfms of its rage, for the ■zciH of the people. Governor .Sullivan and SherilT Allen tried at that time the effect of oppoli- tion. and tiiey had very convincing proofs of tlie wifdom, good fenfe, and rea- fon.iblencfs of an infuriated populace. It is ridiculous to call the proceedings at the State-Houfe, in Bofton, the fenfe of the inhabitants of Maffachufetts. Thofe of us who were near enough to Bofton to lift up the fplendid veil with whicli thefe things are covered, know, that neither that meeting, nor the one figned by William Cooper, were corre»fl cxjireffions of the publick will. The hiftory of thefe meetings is briefly this r — Tke cool and judicious men of both parties in Bofton, were oppofed to having any meeting on the fubjecft, and openly expreffed their difapprobation of them. Not that the inhabitants of this metropolis are ever behind tlicir fellow-citizens in their zeal to vindicate , the rights, and maintain the honour of their country — but they thought that j we were too ignorant of the fadts, and too uncertain of the true courfe to be purfucd.to venture to give a decided opinion ujjon tlie fubjeifb. .Such was the temper of the inhabitants, when a relpecfl for the citizens of Norfolk, in- duced tlie Seleiflmen to call a town-meeting. At this meeting, it is well known that fo great an uncertainty prevailed, as to the true policy to be adopted, that I the inhabitants, on the propofition to appoint a committee, did not generally vote on either fide, and the rcfpe^able Moder.itor, thinking that tlie luke- warmnefs tlifcovered was not fufficiently refpetflful for the occalion, intimated the |)ropriety of more apparent zeal, and aclually put the qucflion a fecond time. This fl.«e of fat'b is well known, and liie Editor of the Aurora, at Philadel- phia, lias an arch allulion to it, when he obferved, tliat the refoliitions of Bof- ton were force-meat. The Chronicle repeated this wit againfl its own town, aiul yet h:u the effrontery to cite thefe refolutions, as exprelVivc of the publick will. It may be faid, that this goes to prove that many individuals ac^cd with infinccrity. I alk. Iiow people muft be cxpe»fted to ai5l in a popular government, when the paffion!) are fuddenly and violently inflamed ? Tq foothe m , pcrfuadi, ur oppofe and inflame ? RD-94 43 order to efFeft a change in the adminiftration, or a repeal of tlio meafurcs. But as this pubhck opinion may be dircfted or forcftalled by artful and defigning men, or may be mifdirefted by error or paflion, it is not only the right, but the duty of thofe who believe that fuch errors exift, to endeavour to correft them. When, therefore, a party of men, from finiftcr or from honejl motives, mifreprefent the condutl of a foreign nation, prefent an unnatural and diftorted view of fafts, appeal to the publick paffions, attempt to filence all oppofition, rcprefent our ability to wage war in a moft extravagant light, magnify our means of injuring our en- emy, and diminifli her power and ability to injure us, and efpecially if all this be done while the queftion is ftill open, and before the Legiflature, who are alone authorized to decide it, are convened — it is the moil fo/emn duty which a citizen is ever called upon to exer- cife, to correal fuch falfe ftatements, to remove erroneous impref- fions, and to endeavour to conduft his fellow-citizens froin the mazy labyrinth of error and prejudice, into the paths of light and truth. Such an office I have, with confcious inability, attempted to exe- cute : — Happy, if my feeble efforts fhall in any degree contribute to preferve my beloved country from the dangers which furround it. ^-..^'^ o'!. A 1' - ' • o . .V^&NV'* aV "5^, 'V, "•^'^o^ ■^ 'S'. xo-n^ .V «? *ti '•^ ^^<^ •^^^^ <> ^'TVT' .0 'A co\c^.> ,/\.^;:;% /.c:^."-o r^O^ ^0^ ^ .*ifi^-, \„^/ :'M£^ %,** .•^-•. X,.^-* •* RT BINDING IBS BROS. fi» -'fCCir^^* aS O^ ^^^^^\* Si A- *:^»*-'-» aj UGUSTINE ^ FLA. o V .^V^. .^*r, r\ o 7/