v i ; Ittfi HISTORY OP THE WAR, BETWEEN THE UNITED STATES ^JV WHICH COMMENCED IN JUNE, 1812, AND CLOSED IN FEBRUARY, 1815; CON PAINING THE CORRESPONDENCE WHICH PAS&fcD BETWEEN THE TWO GOVERNMENTS, XMMKOIVTELY PRLCfcDING, A.ND ftlNCE UOS t iillltS COMiMENCLD J THE DECLARATION OP WAR, AND THE OFFICIAL, RfcPORTo OF i*AND AND NAVAL, ENGAGEMENTS. COMPILED CHIEFLY FROM PUBLIC DOCUMENTS. WITH AN Appendix, CONTAINING THE CORRESPONDENCE WHICH PASSED BETWEEN OUR COMMISSIONERS^ AND THOSE APPOINTED BY GREAT-BRITAIN IN TREATING FoR PEACE. TO WHICH IS ADDED, THE TREATY OF PEACE, AND A LIST OP VESSELS TAKEN FROM GREAT-BRITAIN DURING THE WAR. COMPILED BY J. RUSSELL, JR. HARTFORD : AND PUBLISHED BY B. ^ J. RUSSEL& State-Street. 1814 District of Connecticut. $3. Xv ~%. BE IT REMEMBERED, That on the tenth day of July, \ L.S. \ in tiie Fortieth year oj the Independence of the Umled States ;rf **<**< of America, tt <Jy J Russell, of the said District, dt posited hi this office the title of a Book, the right whereof they claim as Kroprie- iors* in the yvordsfidlowtngi to wit. 1 The History of the War between the United Slates and Great f -ritain, { which commenced in June, 1 8 1 2 and closed in Feb 18(5, containing the correspondence nhich passed between the two Governments immediately * preceding and since hostilities commenced the declaration of \\ ar and * the official reports of land and naval engagements, compiled chiefly front 1 public documents With an appendix, containing I he. correspondence ( which passed between our Commissioners and those appointed by Great- Britain in treating for peace. To which is added the Treaty oj Peace, 1 and a fist of vessels taken from Great Brilain during the war. Compiled *byJ RUSSELL. Jr In conjormity to the Act of the Congress of the United States, entitled " An fi act for the encouragement of learning, by securing the copies of Maps, " Charts, and Books to the. authors and proprietors of such copies, during " the times therein mentioned. J) HENRY W. EDWARDS, Clerk of the District of Connecticut . A (rue copy of Record, examined and sealed by me, H. W. Edwards, Clerk of the. District of Connecticut i INTRODUCTION. An history of recent transactions, must always be exe cuted under many, and great disadvantages. In a time of war, many important occurrences are but imperfectly known, till the truth i* eiic ted by legal in vestigation ; and, in addition to this, the feelings of men are so ardent, that an author cannot be expected to be wholly impartial, when recounting those events, in which himself, or his friends, have acted a conspicuous part. The publishers were, therefore, of opinion, that at the present time, the rfiost useful History of the War, would be a faithful collection of Official State Papers, and accounts of Military operations. Such a work cannot be ta\ed with partiality ; and, it is presumed, will be perused with interest by every American, who values his national rights, and whose bosom glows, at the recital of those deeds oi vaior, which have exalted the honor of his country. [f in some instances, Commanding Officers have seemed to manifest a want of candour, it ought still to be renum bered by the public, that they wrote in the heat of the oc casion ; and, often, while agonizing under wounds receiv-- ed from an exasperated enemy. Modern Histories of Campaigns, are not, to say the least, more candid, and are, surely, less entitled to apology. This collection of Docu ments can never become a useless volume ; for, besides fur nishing the best evidence ot fact to the inquisitive reader, and future historian, it is a ready manuel, by which every enquirer after truth, can at once adduce the best evidence on questions which affect the character of the American nation, relative to her military prowess. Our readers will feel satisfied, after its perusal, th:*t they possess ail the Official information, which can be obtained, relative to the military movements, arid bravery and skill of our country men in the field of battle. Perhaps, in some instances, the^ losses a. ul sufferings of the armies of both nations, have not been fully ascertained : so wide is the tield, that it is some- 3 IV INTRODUCTION. what difficult to collect all the facts. On the water, where \ve have been peculiarly successful, the official accounts more fully and explicitly state the loss, as well as the com parative skill and bravery of the contending 1 parties. In the list of public and private vessels taken from the enemy during the war, we have not given the whole num ber of men and guns, on board of a lar^e proportion of the merchant vessels, as it was never officially stated. In every instance of this kind, where we could not obtain cor rect information, we have left the number blank. We are sorry to say it is wholly out of our power to accompany the list of prizes with a correct list of the vessels we have lost ; the enemy never having made a public statement of the;r prizes, we could not collect them from any authentic source. CONTENTS. CHAPTER T. Page Presidents Message. Mouroe and Foster s Correspondence relative to the Orders in Council, Blockades, aud Impressment of Seamen. 15 3 22,23, 26,27,38, 45, 52, 57 CHAPTER II. Adjustment of the affair of the Chesapeake Frigate, 69 MLmroe and Foster s Correspondence relative to the Chesapeake affair, 60, 61, 62, 63, President s Message, 63 Monroe and Foster s Correspondence relative to the Non-Importation Act, 63,67 CHAPTER IIL President s Manifesto, 71 Report of the Committee on Foregn Relations, 79 Declaration of War, 91 Yeas and Nays on the bill declaring War. ib. President s Proclamation Promulgating the Declaration of War, 9/ CHAPTER IV. / , First Prisoner, -j- First Prize. ib President s Message, ib Monroe and Foster s Letters relative to the Orders in Council, and Berlin and Milan Decrees, 94, 97, 99, President s Message, I Or Mr. Russell s Letter to the Secretary of State, ib. Lord Castlereagh s Letter to Mr. RusseU, ib. Order in Council, 105 Mr. Russell s Letter to lord Castlereagh, Loss of Gen Hull s baggage. Ill Hull s Proclamation, to the Canadians, ib. Skirmishing, near Sandwich, 115 Canadian Militia join Gen. Hull, {li. Capture of the Guerrier, VI CONTENTS. Orders in Council Revoked, 1 1 5 Gen. Hull s statement of his Capitulation, 117, H 8, Major Vanhorn s Defeat, 1:24 Battle of Brownstovvn, (or Maguasjo,) 25 Articles of capitulation of Gen. Huii s \rrny and Michigan Territory, 127 Colonels Cass, IM Arthur, Kindly, and Miller, remonstrate against Gen Hull s conduct. 128 Gen. Brock s Proclamati n to the Inhabitants of Michigan Territory 134 A Card, from Col. Sy mines to Gen. Brock, 135 Trial of Gen. Hull. ib. Capture of the Alert, 141 Capt. Porter to the Secretary of the Navy, ib. Gallant, Defence of Fort Harris >n, 142 Major Jessup s corroboratiou of Col Cass Statement, 146 Skirmishing at St. John s river. ib. Skirmishing at Gauauoque, and Ogdensburgh, 147 Affair at St. Reps, 148 Capture of the Delroit and Caledonia, i". Massacre of the Garrison of Port Chicago, 1 1 Coin Chnuncey s Battle in Kingston Harbor, 163 Battle of Queeiiston, 1 55 CHAPTER V. Monroe, Graham, Russell, Castlereagh, and Warren s Letters, re a- tivefoanaremistice, 160, 162, 163, 165, 163, 169 ; i7i, 1 73,1 74,1 7 6. British Challenge, and American Acceptance, 179 CHAPTER VI. Capture of the Frolic, and Loss of the Wasp, 1 80 Capture of the Macedonian, Capture of the Javy, Capture of the Peacock, CHAPTER VIL Capture of Little York, 1 89, 1 90, 1 93, Capit ulation of York, * 92 Gen. Winchester s Defeat, Massacre of G^n. Winchester s Army, Indian Expedition, len. Smyth s Expedition, Capt. Forsyth s Expedition, CHAPTER VIII. Harries Battle at Lnwer Sandusky, 200 Proctor s demand for the surrender of Fort Meigs, 20- Capture oi Fort George, ib - CONTENTS, Vlt Capture of Fort Erie, 203 Chauncey s account of the capture of Port George, 204 Cnauncey s Letter to the Secretary of the Navy, conTeying the Standards taken at York and Fort George, 266 Capture of the transport Lady Murray, ib. Battle at Forty Mile Creek, ib. Attack on Sackett s Harbor, 207 Capture of Fourteen Bi iiish Transport Boats on Lake Ontario, 209 Major Crogban s Victory, ib. Loss of the Frigate Chesapeake, 211 Capture of Little York, the second time, 2J2 Capture of the Doiniiiico, 21^ Burning of Sodus, ib. Attack on Craney Island, 2 14 Capture of Hampton, 214, 2 1 5 Murder of John B Graves, 216 Skirmishing at Fort George, ib. Destruction of Indian towns, 217 Yankee Trick, ib. Capture of the Boxer, 2 1 8 CHAPTER IX. Capture of the British fleet on Lake Erie, 219, 22 1 Capture of Maiden, 221 Battle at the Moravian Towns, Tecums h s Speech to Gen. Proctor, Harrison and Perry s Proclamation, 230 Capture of a British Fleet on Lake Ontario, Something Singular, jv,. Com. Rodger* Cruise, Col Clarke s Expedition, ^ Massacre at Fort Tensaw, Wilkinson and Hampton s Expedition, CHAPTER X. Jackson, White, and Coffee s Victories over the Creek Indians, , 236, 237, 238, *39, 243, 246 Gen Floyd s Victories, 240 242 Gen. Claiborne s Victory, CHAPTER XI. Captain Porter s Cruise, Loss of Fort \iagara, and burning of Lewistown, Manchester, and Tuscarora, Burning of Buffaloe,and Black Rock, Capt Holmes Victory, 2 K Capture of the Epervier, Battle at Stoney Point, Loss of the Frigate Esse*, Vlll CONTENTS. Capture of Oswego, 268 Battle of Chippeway, 260 Capture of the Reindeer, 261 Ba:tle at Queenston, 263 Battle of Erie, 265 CHAPTER XII. Capitulation of Alexandria, 268 Capture of Washington, 269, 271 Capture of the British fleet on Lake Champlaitr, 273 Defeat of Gen. Proctor, 275 Burning of Petipauge, 276 Attack on Stonin^ton, ib. Attack on Baltimore, 277 Defeat ol the British at Mobile Point, 279 Bat! le of Bridge water, 280 Destruction of the Avon, 282 Expedition from Detroit, 283 CHAPTER XI Ji Capture of Pensacola, 284> Battle at New Orleans, 28. Defeat of the British before New Orleans, 28 T Lieut. Shields Expedition, Lieut. Johnson s Expedition, 289 Jackson s Address to his army, ib. Loss of the Frigate President, 293 Capture of the tit. Lawrence, 295 Defeat of the British at. Great Satill river, 29? Gun Boat No. 1 68, and the Erebus Frigate, ib. Capture of the Cyane and Lev 7 ant, oOO Capture of the Penguin. 30 f APPENDIX, Correspondence, which passed between the commissioners of the two governments, whilst treating for peace, transmitted to the Secretary of State, 303, 3* 1.315, 318, 32*, 331,340, 344,352, 369, 363, 365,366, Treaty of peace, List of vessels taken from Great Britain 3 HISTORY THE WAR. CHAPTER I. PRESIDENTS MESSAGE. WASHINGTON CITY, NOVEMBERS, 1811. 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 required, I yielded to considerations drawn from the posture of our foreign af fairs ; and in tixing the present for the time of your meet ing, regard was had to the probability of further develope- ments of the policy of the belligerent powers towards this country, which might the more unite the national councils, in the measures to be pursued. At the close of the last session of Congress, it was hoped that the successive confirmations of the extinction of the French Decrees, so far as they violated our neutral com merce, would have induced the government of Great-Bri tain to repeal its Orders in Council ; and thereby author ize a removal of the existing obstructions to her commerce with the United States. Instead of this reasonable" .step towards satisfaction and friendship between the two nations, the Orders were at a moment when least to have been expected, put into more vigorous execution ; and it was communicated through the British Envoy, just arrived, that whilst the revocation ^)f the Edicts of France, as officially made known to the British government, was denied to have taken place ; it was an OF THE WAR. indispensable condition of the repeal of the British Orders, that commerce should be restored to a footing-, that would admit the productions and manufactures of Great-Britain, when owned by neutrals, into markets shut against them by her enemy ; the United States being given to understand that, in the mean time, a continuance of their non-impor tation act would lead to measures of retaliation. At a later date, it has indeed appeared, that a commu nication to the British government, of fresh evidence of the repeal of the Fret.eh Decrees against our neutral trade, was followed by an intimation, that it had been transmitted to the British Plenipotentiary here ; in order that it might receive full consideration in the depending discussions. This communication appears not to have been received ; but the transmission of it hither, instead of founding on it an actual repeal of the Orders, or assurances that the re peal would ensue, will not permit us to rely on any effect ive change in the British cabinet. To be ready to meet with cordiality satisfactory proofs of such a change, and to proceed, in the mean time, in adapting our measures to the views which have been disclosed through that minister, will best consult our whole duty. Jn the unfriendly spirit of those disclosures, indemnity and redress for other wrongs have continued to be withheld, and our coasts and the mouths of our harbors have again witnessed scenes, not less derogatory to the dearest of our national rights, than vexatious to the regular course of out O * O trade. Among the occurrences produced by the conduct of British ships of war hovering on our coasts, was an encoun ter between one of them and the American frigate com manded by Captain Rogers, rendered unavoidable on the part of the latter, by a fire commenced without cause by the former ; whose commander is therefore, alone chargeable with the blood unfortuhiteiy shed in maintaining the honor of the American flag. The proceedings of a court of en- quirv, requested by Captain Rogers, are rommunieated ; together with the correspondence relating to the occurrence between the Secretary of State, and his Britannic majesty s Envoy. To these are added, the several correspondences which have passed on the subject of -the British Orders hi Council j and to both the correspondence relating to the IlfSTORY OF THE WAR. J I FJoridas, in which Congress will 1> made acquainted with the interposition which the government of Great-Britain has thought proper to make -against the proceedings of the United States. The justice, and fairness which have been evinced on the part of the United States towards France, both before and since the revocation of her Decrees, authorised an ex pectation that her government would have followed up that measure by all such others as were due to our reasonable claims as well as dictated by its amicable professions. No proof, however, is yet given of an intention to repair the other wrongs done to the United States: and particu larly to restore the great amount of American property seized and condemned under Edicts, \vhieh, though not affecting our neutral relations, and therefore, not entering into questions between the United States and other belli gerents, were nevertheless founded in such unjust princi ples, that the reparation ought to have been prompt and ample. In addition to this, and other demands of strict right, o;i that nation, the United States have much reason to be dissatisfied with the rigorous and unexpected restrictions, to which their trade with the French dominions has been sub jected : and which, if not discontinued, will require at least corresponding restrictions on importations from France into the United States. On all those subjects our Minister plenipotentiary, lately sent to Paris, has carried with him the necessary instruc tions ; the result of which will be communicated to you, and by ascertaining the ulterior policy of the French gov ernment towards the United States, will enable you to adapt to it that of the United States towards France. Our other foreign relations remain without unfavorable changes. With Russia they are on the best footing of friend ship. The ports of Sweden have afforded proofs of friend ly dispositions towards our commerce, in the councils of that nation also. And the information from our special Minister to Denmark, shews that the mission had been at tended with valuable effects to our citizens, whose property had been so extensively violated ;rnd endangered by crui sers under the Danish flag. 1& HISTOKY OF THE WAR. Under the ominous indications which commanded atten tion, it became a duty, to exert the means committed to the Executive Department, in providing for the general securi ty. The works of defence on our maritime frontier have accordingly been prosecuted, with an activity leaving little to be added for the completion of the most important ones ; and as particularly suited for co-operation in emergencies, a portion of the Gun-Boats, have, in particular harbors, been ordered into use. The ships of war before in commis sion, with the addition of a frigate, have been chiefly em ployed, as a cruizing guard to the rights of our coast. And such a disposition has been made of our land forces, as was thought to promise the services most appropriate and impor tant. In tliis disposition is included a force, consisting of regulars and militia, embodied in the Indiana Territory, and marched towards our North-Western frontier. This meas ure was made requisite by several murders and depreda tions committed by Indians ; but more especially by the menacing preparations and aspect of a combination of them on the Wabash under the influence and direction of a fa natic of the Shawanese tribe. With these exceptions, the Indian tribes retain their peaceable dispositions towards m and their usual pursuits. I must now add, that the period is arrived which claims from the Legislative Guardians of the national rights a sys tem of more ample provisions for maintaining them. JNol- withstanding the scrupulous justice, the protracted mode ration, and the multiplied eftbrts on the part of the United States, to substitute for the accumulating dangers to the peace of the two countries, all the mutual advantages of re-established friendship and conlidence ; we have seen that the British Cabinet perseveres not only in withholding u remedy for other wrongs so long and so loudly calling for it ; but in the execution brought home to the threshold of our territory, of measures which under existing circum stances, have the character, as well as the effect of war on. our lawful commerce. With this evidence of hostile inflexibility, in trampling on rights which no independent nation can relinquish, Con gress will feel the duty of putting the United States into an armor, and an attitude, demanded by the crisis, am- corresponding 1 with the national spirit and expectations. HISTORY OF THE WAR. 1.3 I recommend accordingly, that adequate provision be made for tilling the ranks and prolonging the enlistments, of the regular troops : for an auxiliary force, to be engag ed for a more limited term ; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services ; for detachments, as they may be wanted, of other portions of the militia; and for such a prepara tion of the great body, as will proportion its usefulness to its intrinsic capacities. IXor can the occasion fail to re mind you of the importance of those military Seminaries, which, in every event, will form a valuable and frugal part of our military establishment. The manufacture of cannon and small arms has pro ceeded with due success, and the stock and resources of all the necessary munitions are adequate to emergencies. It will not be inexpedient, however, for Congress to author ize an enlargement of them. Your attention will of course be drawn to such provi sions, on the subject of our naval force, as may be required for the services to which it may be best adapted. I sub mit to Congress the seasonableness also, of an authority to augment the stock of such materials, as are imperishable in their nature, or may not at once be attainable. .. In contemplating the scenes which distinguish this mo mentous epoch, and estimating their claims to our attention, it is impossible to overlook those developing themselves among the great communities which occupy the southern portion of our own hemisphere, and extend into our neigh borhood. An enlarged philanthropy, and an enlighlen- ed forecast, 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. Under another aspect of our situation, the early atten tion of Congress will be due to the expediency of further guards against evasions and infractions of our commer cial laws. The practice of smuggling, which is odious every where, and particularly criminal in free govern ments, where the laws being made by all, for the good of all, a fraud is committed on every individual as well as on the , attains its utmost guilt, when it blends, with a pur 14 HIbTORY OF THE VTAU suit of ignolnimous gain, a treacherous subserviency in the transgressors, to a foreign policy, adverse to that of their own country. It is then that the virtuous indignation of the public should be enabled to manifest itself, through the regular animadversions of the most competent laws. To secure greater respect to our mercantile ilag, and to the honest interest which it covers, it is expedient also, that it be made punishable in our citizens, to accept licences from foreign governments, for a trade unlawfully interdict ed by them to other American citizens ; <or to trade under false colors or papers of any sort. A prohibition is equally called for, against the accept ance, by our citizens of special licences, to be used in a trade with the United States ; and against the admission into particular ports of the United States, of vessels from foreign countries, authorised to trade with particular ports onfy. Although other subjects will press more immediately on your deliberations, a portion of them cannot but be well be stowed, on the just and sound policy of securing to our manufactures the success they have attained, and are still attaining, in some degree, under the impulse of causes not permanent ; and to our navigation, the fair extent of which it is at present abridged by the unequal regulations of for eign governments. Besides the reasonableness of saving our manufacturers from sacriiices which a change of circumstances might bring on them, the national interest requres, that, with res pect to such articles at least as belong to our defence, and our primary wants, \ve should not be left in unnecessary dependence on external supplies. And whilst for eign governments adhere to the existing discriminations in their ports against our navigation, and an equality or les ser discrimination is enjoyed by their navigation in oiu ports, the effect cannot be mistaken, because it has been seriously felt by our shipping interests ; and in proportion ns this takes place, the advantages of an independent con veyance of our products to foreign markets, and of a grow ing body of mariners, trained by their occupations for the service of their country in times of danger, must be f ished. HISTORY OF THE WAR. la The receipts into the Treasury, during the year, ending on the thirtieth of September last, have exceeded thirteen millions and a half of dollars, and have enabled us to de fray the current expenses, including- the interest on the public debt, and to reimburse more than five millions of dollars of the principal, without recurring to the Joan au thorized by the act of the last session. The temporary loan obtained in the latter end of the year one thousand eight hundred and ten, has also been reimbursed, and is not included in that amount. The decrease of revenue, arising from the situation of our commerce and the extraordinary expences which have and may become necessary, must be taken into view, in making- commensurate provisions 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 inter est on the public debt, including -that on new loans which may be authorized. I cannot close this communication without expressing my deep sense of the crisis in which you are assembled ; my confidence in a wise and honorable result to your deliber ations, and assurances of the faithful zeal with which my co-operating duties will be discharged; invoking at the same time, the blessing of heaven on our beloved country, and on all the means, that may be employed in vindicating ils rights, and advancing Us welfare. (Signed) JAMES MADISON. OFFICIAL CORRESPONDENCE, 11EFEURUD TO IN THE PRECEDING MESSAGE. Mr. Foster to Mr. Monroe. WASHINGTON, July 3, 181 1. SIR I have had the honor of stating to you verbally the system of defence to which his majesty has been compelled io resort for the purpose of protecting the maritime rights and interests of his dominions against the new description ot warfare that has been adopted by his enemies. I have pre sented to \ou the grounds upon which his majesty finds himself still obliged to continue that system, and I conceive that I shall best meet your wishes as expressed to me this morning, if in a more formal shape I should la^ before you 10 HISTORY OF THE WAR. the whole extent of the question, as it appears to his niajes" ty s government to exist between Great-Britain and Amer ica. I beg leave to call your attention, sir, to the principles on which his majesty s Orders in Council wereongmally^found- ed. The Decree of Berlin was directly and expressly an act of war, by which France prohibited all nations from trade or intercourse with Great-Britain under peril of con fiscation of their ships and merchandize ; although France had not the means of imposing an actual blockade in any degree adequate to such a purpose. The immediate and professed object of this hostile Decree was the destruction of all British commerce through means entirely unsanctioned by the law of nations, and unauthorised by any received doctrine of legitimate blockade. This violation of the established law of civilized nations in war, would have justified Great-Britain in retaliating upon the enemy by a similar interdiction of aH commerce with France, and with such other countries as might co-op erate with France in her system of commercial hostility against Great-Britain. The object of Great-Britain was not, however, the des truction of trade, but its preservation under such regula tions as might be compatiblo with her own security, at the same time that she extended an indulgence to foreign com merce, which strict principles would have entitled her to withhold. The retaliation of Great-Britain was not there fore urged to the full extent of her right ; our prohibition of French trade was not absolute, but modified ; and in re turn for the absolute prohibition of all trade with Great- Britain, we prohibited not all commerce with France, but all such commerce with Franco as should not be carried on through Great-Britain. It was evident that this system must prove prejudicial to neutral nations ; this calamity was foreseen, and deeply re gretted. But the injury to the neutral nation arose from the aggression of France, which had compelled Great-Bri tain in her own defence to resort to adequate retaliatory measures of war. The operation on the American com merce of those precautions, which Ihe conduct of France had rendered indispensable to our security, is therefore to !x?. ascribed to the unwarrantable aggression of France, and HISTORY OF THE AVAR. 17 not to those proceedings on the part of Great-Britain, which that aggression had rendered necessary and just. The object of our system was merely to counteract an at tempt to crush the British trade ; Great-Britain endeavor ed to permit the continent to receire as large a portion of commerce as might be practicable, through Great-Britain ; and all her subsequent regulations, and every modiiication of her system by new orders or modes of granting or with holding licences, have been calculated for the purpose of encouraging the trade of neutrals through Great-Britain, \vheneversuch encouragement might appear advantageous to the general interests of commerce, and consistent with the public safety of the nation. The justification of his ma jesty s Orders in Council, and the continuance of that de fence, have always been rested upon the existence of the Decrees of Berlin and Milan, and on the perseverance of the enemy in the system of hostility, which has subverted the rights of neutral commerce on the continent ; and it has always been declared on the part of his majesty s govern ment, that whenever France should have effectually repeal ed the Decrees of Berlin and Milan, and should have re stored neutral commerce to the condition in which it stood previously to the promulgation of those Decrees, we should immediately repeal our Orders in Council. France has asserted that the Decree of Berlin was a measure of just retaliation on her part, occasioned by our previous aggression ; and the French government has in sisted that our system of blockade, as it existed previously to the Decree of Berlin, was a manifest violation of the re ceived law of nations ; we must therefore, sir, refer to the articles of the Berlin Decree, to find the principles of our system of blockade, which France considers to be new, and contrary to the law of nations. By the 4th and 8th articles it is stated as a justification of the French Decree, that Great-Britain * extends to unfor tified towns and commercial ports, to harbors, and to the mouths of rivers, those rights of blockade, which by the rea son and the usage of nations, are applicable only to fortified places ; and that the rights of blockade ought to be limit ed to fortresses really invested by a sufficient force. It is added in the same articles that Great-Britain has declared places to bo in a state of blockade, before which IB HISTORY OP THE WAR. she has not a single ship of war, and even places which the whole British force would be insufficient to blockade ; en tire coasts, and a whole empire. 7 Neither the practice of Great-Britain, nor the law of na tions, has ever sanctioned the rule now laid down by France, that no place excepting- fortresses in a complete state of investiture, can be deemed lawfully blockaded by sea. If such a rule were to be admitted, it would become nearly impracticable for Great-Britain to attempt the block ade of any port of the continent, and our submission to this perversion of the law of nations, while it would destroy one of the principal advantages of our naval superiority, vvoukl sacrifice the common rights and interests of all maritime states. It was evident that the blockade of May, 1806, was the principal pretended justification of the Decree of Berlin, though neither the principles on which that blockade was founded, nor its practical operation, afforded any color for the proceedings of France. In point of date, the blockade of May, 1800, preceded the Berlin Decree ; but it was a just and legal blockade according to the established law of nations, because it was intended to be maintained, and was actually maintained bv an adequate force appointed to guard the whole coast de scribed in the notification, and consequently to enforce the blockade. Great-Britain has never attempted to dispute, that in the ordinary course of the law of nations, no blockade can be justifiable or valid unless it be supported by an adequate force destined to maintain it, and to expose to hazard all vessels attempting to evade its operation. The blockade of May, 1800, was notified by Mr. Secretary Fox, on this clear principle, nor was that blockade announced until 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 U) the Elbe, and of effectually enforcing the blockade. The blockade of May, 1800, was therefore (according to the doctrine maintained by Great-Britain) just and law ful in its origin, because it was supported by both in inten I1ISTO11Y OF THE WAR. 19 tion and fact by an adequate naval force. This was the justification of that blockade, until the period of time when the Orders in Council were issued. The Orders in Council were founded on a distinct prin ciple, that of defensive retaliation. France had declared a blockade of all the ports and coasts of Great-Britain, and her dependencies, without assigning, or being- able to assign, any force to support that blockade. Such an act of the en emy would have justified a declaration of the blockade of the whole coast of France, even without the application of any particular force to that service. Since the promulga tion of the Orders in Council, the blockade of May, 1806, has been sustained and extended by the more comprehen sive system of defensive retaliation on which those regula tions are founded. But if the Orders in Conned should be abrogated, the blockade of May, 1806, could not continue under our construction of the law of nations, unless that blockade should be maintained by a due application of an. adequate naval force. America appears to concur with France in asserting that Great-Britain was the original aggressor in the attack on neutral rights, and has particularly objected to the blockade of May, 1806, as an obvious instance of that aggression on the part of Great-Britain. Although the doctrines of the Berlin Decree, respecting the rights of blockade, are not directly asserted by the American government, Mr. Pinckney s correspondence would appear to countenance the principles on which those doctrines are founded. The objection directly stated by America against the blockade of May, 1806, rests on a supposition that no naval force which Great-Britain pos sessed, or could have employed for such a purpose, could have rendered that blockade effectual, and that therefore it was necessarily irregular, and could not possibly be main tained in conformity to the law of nations. Reviewing the course of this statement, it will appear that the blockade of May, 1806, cannot be deemed contrary to the law of nations, either under the objections urged by the French, or under those declared or insinuated by the Amer ican government, because that blockade was maintained by a sufficient naval force; that the Decree of Berlin was ^ot therefore justified either under the pretext alledged by 20 JIISTOHY OF TTTE France, or under those supported by America; that the Or ders in Council were founded on a just principle of defensive retaliation against the violation of the law ot nations com- mitted by France in the Decree of Berlin ; that the block ade of May, 180(3, is now included in the more extensive operation of the Orders in Council; and lastly, that the Or ders in Council will not be continued beyond the effectual duration of the hostile decrees of France, nor will the block ade of May, 1806, continue after the repeal of the Orders in Council, unless his majesty s government shall think tit to sustain it 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 notified at the same time. I need not recapitulate to you the sentiments of his ma jesty s government, so often repeated, on the subject of the French Minister s note to General Armstrong, dated the (>th of last August. The studied ambiguity of that note has since been amply explained by the conduct and language of the government of France, of which one of the most re markable instances is to be found in the speech of the chief of the French government on the 17th of last month to cer tain deputies, from the free cities of Hamburgh, Bremen s and Lubeck, wherein he declares that the Berlin and Milan Decrees shall be the public code of France as long as England maintains her Orders in Council of 1806, and 1807. Thus pronouncing 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 defen sive measures of retaliation to which they gave rise on the part of Great-Britain sjiall be abandoned. If other proofs w ? ere necessary to sho\v the continued ex istence of those obnoxious Decrees, they may be discover ed in the Imperial Edict dated at Fontainbleau, October 19, 1810 ; that monstrous production of violence, in which they are made the basis of a system of general and unex ampled tyranny and oppression over all countries subject to, allied with, or within the reach of the power of France ; in the report of the French minister for foreign affairs dated last December, and in the letter of the French minister of justice to the president of the council of prizes, To this: HISTORY OP THE WAR. 21 jailer, sir, I would wish particularly to invite your attention ; the date is the 25th December, the authority it comes from most unquestionable, arid you will there find, sir, the Duke of Massa, in giving his instructions to the council of prizes in consequence of the President of the United States proc lamation of November 3, most cautiously avoiding- to assert that the French Decrees were repealed, and ascribing not to such repeal, but to the ambiguous passage which he- quotes at length from M. Champagnv s letter of August 5, the new attitude taken by America ; and you will also find an evidence in the same letter of the continued capture of American ships after November, and under the Berlin and Milan Decrees, having been contemplated by the French government, since 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. Can then, sir, these Decrees be said to have been repeal ed at the period when the proclamation of the President of the United States appeared, or when America enforced her non-importation act against Great-Britain ? Are they so at this moment ? To the first question, the state papers which I have referred to, appear to give a sufficient answer. For even supposing that the repeal has since taken place, it is clear that on November 3, there was no question as to that not being then the case ; the capture of the ship New- Orleans Packet seized at Bordeaux, and the Grace-Ann- Green, seized at or carried into Marseilles, being cases ari sing under the French Decrees of Benin and Milan, as is very evident. Great-Britain might therefore complain of being treated with injustice by America, even supposing that the conduct of France had since been unequivocal. America contends that the French Decrees are revoked ns it respects her ships upon the high seas, and yon, sir, in form 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 restored in consequence of the satisfaction felt in France at the passing of the non-importation act in the American Congress, an event so little to be expected ; for otherwise, having been captured in direct contradiction to the revocation, why were they not restored immediately ? 22 HISTORY OF THE WAR. The fears of the French navy, however, prevent many Cases of the kind occurring 1 on the ocean under the Decrees of Berlin and Milan ; but the most obnoxious and destruc tive parts of those Decrees are exercised with full violence .not only in the ports of France, but in those of all other countries to which France thinks she can commit injustice with impunity. Great-Britain has aright to complain that neutral nations should overlook the very worst features of these extraordi nary acts, and should suffer their trade to be made a medi um of an unprecedented, violent, and monstrous system of attack upon her resources ; a species of warfare un attempt ed by any civilized nation before the present period. Not only has America suffered her trade to be moulded into the means of annoyance to Great-Britain under the provisions of the French Decrees, but as construing" those Decrees as extinct, upon a deceitful declaration of the French Cabinet, she has enforced her non-importation act against Great- Britain. Under these circumstances, I am instructed by my gov ernment, to urge to that of the United States, the injustice of thus enforcing that act against his majesty s dominions, and I cannot but hope that a spirit of justice will induce the United States government to re-consider the line of con duct they have pursued, and at least to re-establish their former state of strict neutrality. I have only to add, sir, that, on my part, I shall ever be ready to meet you on any opening which may seem to af ford a prospect of restoring complete harmony between the two countries, and that it will at all times give me the great est satisfaction to treat with you on the important concerns so interesting to both. I have the honor to be, &c. AUGUSTUS J. FOSTER. Mr. Foster to Mr. Monroe. WASHINGTON, July 11, 1811. SIR Inconsequence of our conversation of yesterday, and the observations which you made respecting that part of my letter to you of the 3d inst. wherein I have alluded to the principle on which his majesty s Orders in Council were orierannllv founded, T think it right to explain myself, in or- HISTORY OF THE WAR- 23 der to prevent any possible mistake as to the present situa tion of neutral trade with his majesty s enemies. It will only be necessary tor me to repeat what has al ready, long since, been announced to the American gov ernment, namely, that his majesty s Order in Council of April 26, 1809, superceded those of November, 1807, and releived the system of retaliation adopted by his majesty against his enemies from what was considered in this coun try as the most objectionable part of it ; the option given to neutrals to trade with the enemies of Great-Britain, through British ports, on payment of a transit duty. This explanation, sir, will, I trust, be sufficient to do away any impression that you may have received to the contrary from my observations respecting the effects which his ma jesty s Orders in Council originally had on trade of neutral nations. Those observations were merely meant as prelim inary to a consideration of the question now at issue between the two countries. 1 have the honor to be, with the highest consideration and respect, sir, your most obedient humble servant, AUGUSTUS J. FOSTER Mr. Foster to Mr. Monroe. WASHINGTON, July 14, 1811. SIR His majesty s packet boat having been SD long detained, and a fortnight having elapsed since my arrival at this capital, his royal highness, the prince regent will ne cessarily expect that I should have to transmit to his royal highness some official communication as to the line of con duct the American government mean to pursue. I trust you will excuse me therefore, sir, if without pressing for a detailed answer to my note of the 3d inst. I anxiously desire to know from you what is the President s determination with respect to suspending the operation of the late Act ot Congress prohibiting all importation from the British do minions. There have been repeated avowals lately made by the government of France, that the Decrees of Berlin and Mi lan were still in. full force, and the acts of that government have corresponded with those avowals. The measures of retaliation pursued by Great-Britain against those Decrees are consequently to the great regret of his roval highness still necessarily continued. 24 HISTORY OF THE WAR, I have had the honor to state to you the light in which his royal highness, the prince regent viewed the Proclamation of the President of last November, and the surprise with which he learnt the subsequent measures of Congress against the British trade. American ships siezed under his majesty s Orders in Council even after that Proclamation appeared, were nol immediately condemned, because it was believed that the in sidious professions of France might have led the American government, and the merchants of America into an erone- ous construction of the intentions of France. But when the veil was thrown aside, and the French ru ler himself avowed the continued existence of his invariable system, it was not expected by his royal highness that Amer ica would have refused to retrace the steps she had taken. Fresh proofs have since occurred of the resolution of the French government to cast away all consideration of the rights of nations in the unprecedented warfare they have adopted. America however still persists in her injurious measures against the commerce of Great-Britain, and his royal high ness has in consequence been obliged to look to means of retaliation against those measures which his royal highness cannot but consider as most unjustifiable. How desirable would it not be, sir, if a stop could be put to any material progress in such a system of retaliation, which, from step to step may lead to the most unfriendly sit uation between the two countries ? His majesty s government will necessarily be guided in u great degree by the contents of my first despatches as to the conduct they must /ulopt towards America. Allow me then, sir, to repeat my request to learn from you whether I may not convey what I know would be most grateful to his royal highness feelings, namely, the hope that he may be enabled, by the speedy retnni of America from her unfriendly attitude towards Great-Britain, to for get altogether that he over was obliged to have any other object in view besides that of endeavoring to promote the best understanding possible between the two countries. I have the honor to be, with the highest consideration, sir, your most obedient humble servant, AUGUSTUS J. FOSTER. HISTORY OF THE WAR. 2 Mr. Foster to Mr. Monroe. WASHINGTON, July 16, 1811. SIR I had the honor to receive the letter which you addressed to me under yesterday s date, requesting an ex planation from me, in consequence of my letters ot the 3d and 14th mst, of the precise extent in which a repeal of the French Decrees is by his majesty s government, made a condition of the repeal of the British Orders, and particu larly whether the condition embraces the seizure of vessels and merchandize entering French ports in contravention of French regulations, as well as the capture on the high seas, of neutral vessels and their cargoes, on the mere allegation that they are bound to or from British ports, or that they have on board British productions or manufactures ; as also, stating that in your view of the French Decrees, they comprise regulations essentially different in their principles, some of them violating the neutral rights of the United States, others operating against Great-Britain without any such violation. You will permit me, sir, for the purpose of answering your questions as clearly and concisely as possible, to bring into view the French Decrees themselves, together with the official declarations of the French minister which accompa nied them. In the body of those Decrees, and in the declarations al luded to, you will find, sir, express avowals that the princi ples on which they were founded, and provisions contained in them, are wholly new, unprecedented, and in direct con tradiction to all ideas of justice and the principles and usa ges of all civilized nations. The French government did not pretend to say that any one of the regulations contained in those Decrees was a regulation which France had ever been in the previous practice of. They were consequently to be considered, and were in deed allowed by France herself to be, all of them, parts of a new system of warfare, unauthorised by the established laws of nations. It is in this light in which France herself has placed her Decrees, that Great-Britain is obliged to consider them. The submission of neutrals to any regulations made by France, authorised by the laws of nations, and practised in former wars, will never be complained of by Great-Britain ; 4 26 HISTORY OF THE WAR. but the regulations of the Berlin and Milan Decrees do, am? are declared to violate the laws of nations, and the rights of neutrals, for the purpose of attacking- through them the re sources of Great-Britain. The ruler of France has drawn no distinction between any of them, nor has he declared the cessation of any one of them in the speech which he so lately addressed to the deputation from the free Imperial I [arise Towns, which was on the contrary a confirmation of them all. Not until the French Decrees therefore shall be effectu ally repealed, and thereby neutral commerce be restored to the situation in which it stood previously to their promulga tion, can his royal highness conceive himself justified, con sistently with what he owes to the safety and honor of Great- Britain, in foregoing- the just measures of retaliation which his majesty in his defence was necessitated to adopt against them. I trust, sir, that this explanation in an SAT er to your en quiries will be considered by you sufficiently satisfactory ; should you require any further, and which it may be in my power to give, I shall with the greatest cheerful ness afford it. I sincerely hope, however, that no further delay will be thought necessary by the President in restoring the relations of amity which should ever subsist between America and Great-Britain, as the delusions attempted by the government of France have now been made manifest, mid the perfidious plans of its ruler exposed ; by which, while he adds to, and agravates his system of violence against neutral trade, he en deavors to throw all the odium of his acts upon Great-Bri tain with a view to engender discord between the neutral countries, and the only power which stands up as a bulwark against his efforts at universal tyranny and oppression. Excuse me, sir, if I express my wish as early as possible, to dispatch his majesty s packet boat with the result of our communications, as his majesty s government will necessa rily be most anxious to hear from me. Any short period of time, however, which may appear to you to be reasonable, I will not hesitate to detain her. ! have the honor to be, &c. AUGUSTUS J. FOSTER HISTORY OF THE WAR* F Mr. Monroe to Mr. Foster. DEPARTMENT OF STATE, July 23d, 1811. X have submitted to the President your several letters of the 3d and 16th of this month relative to the Bri tish Orders in Council and the blockade of May, 1806, and J have now the honor to communicate to you his sentiments on the view which you have presented of those measures of your government. It was hoped that your communication would have led to an immediate accommodation of the differences subsis ting" between our -countries, on the ground on which alone it is possible to meet you. It is regretted that you have confined yourself to a vindication of the measures which produced some of them. The United States are as little disposed now, as hereto fore, to enter into the question concerning the priority of ag gression by the two belligerents, which could not be justi fied by either, by the priority of those of the other. But as you bring forward Ihat plea in -support of the Orders in Council, I must be permitted to remark that you have your self furnished a conclusive answer to it, by admitting that the blockade of May 1806, which was prior to the tirst of the French Decrees, would not be legal,, unless supported through the whole extent of the coast, from the Elbe to Brest, by an adequate naval force. That such a naval force was actually applyed and continued in the requisite strict ness until that blockade was comprised in and superceded by the Orders of November of the following* year, or even until the French Decree of the same year, will not, I presume, be alleged. But waving this question of priority, can it be seen with out both surprise and regret, that it is still contended, that the Orders in Council are justified by the principle of retal iation, and that this principle is strengthened by the in ability of France to enforce her Decrees. A retaliation is, in its name, and its essential character, a returning like for like. Is the deadly blow of the Orders in Council against one half of our commerce., a return of like for like to an empty threat in the French Decrees, against the other half? It may be a vindicative hostility, as i ar as its effect* fall on the enemy. But when falling on a neutral, who on no pretext can be liable for more than the measure of iiiju- 28 HISTORY OF THE WAR. ry received through such neutral, it would not be a retalia tion, but a positive wrong-, by the plea on which it is founded. It is to be further remarked that the Orders in Council went even beyond the plea, such as this has appeared to be, in extending its operation against the trade of the United States, with nations which, like Russia, had riot adopted the French Decrees, and with all nations which had merely excluded the British flag" ; an exclusion resulting as a mat ter of course with respect to whatever nation Great-Britain might happen to be at war. I am far from viewing the modification originally con tained in these Orders, which permits neutrals to prosecute their trade with the continent, through Great- Britain, in the favorable light in which you represent it. It is impossible to proceed to notice the effect of this modification without expressing our astonishment at the extravagance of the po litical pn tension set up by it : a pretension which is utterly incompatible with the sovreignty and independence of other states. In a commercial view, it is not less objectionable, a it cannot fail to prove destructive to neutral commerce. As an enemy, Great-Britain cannot trade with France, Nor does France permit a neutral to come into her ports from Great- Britain, The attempt of Great-Britain to force our trade through her ports, would have therefore the com mercial effect of depriving the United States altogether of the market of her enemy for their productions, and f de^ stroying their value in her market by a surcharge of it. Heretofore it has been the usage of belligerent nations to carry on their trade through the intervention of neutrals ; and this had the beneficial effect of extending to the former the advantages of peace, while suffering under the calami ties of war. To reverse the rule, and to extend to nations at peace, the calamities of war, is a change as novel and ex traordinary as it is at variance with justice and public law. Against this unjust system, the United States entered, at an early period, their solemn protest. They considered it their duty to evince to the world their high disapprobation of it, and they have done so by such acts as were deemed most consistent with the rights and policy of the nation. Remote from the contentious scene which desolates Europe, it has been their uniform object to avoid becoming a party to the war. With this view they have endeavored to culti- HISTORY OF THE \VAii. 29 vale friendship with both parties, by a system of conduct which ought to have produced that effect. They have done justice to each party in every transaction in which they have been separately engaged with it. They have observ ed the impartiality which was due to both, as belligerents, standing on equal ground, having in no instance given a preference to either at the expense ot the other. They have borne, too, with equal indulgence, injuries from both, being willing while it was possible, to impute them to casualties inseparable from a cause of war, and not to a deliberate in tention to violate their rights; and even when that intention could not be mistaken, they have not lost sight of the ulti mate object of their policy. In the measures to which they have been compelled to resort, they have in all respects maintained pacific relations with both parties. The alter native presented by their late acts, was offered equally to both, and could operate on neither, no longer than it should persevere in its aggressions on our neutral rights. The em bargo and non-intercourse, \\ ere peaceful measures. The regulations which they imposed on our trade were such as any nation might adopt in peace or war, without offence to any other nation. The non-importation is of the same character, and if it makes a distinction at this time, in its operation between the belligerents, it necessarily results from a compliance of one with the offer made to both, and which is still open to the compliance of the other, In the discussions which have taken place on the subject of the Orders in Council and blockade of May, 1806, the British government in conformity to the principle on which the Orders in Council are said to be founded, declared that they should cease to operate as soon as France revoked her Edicts. It was stated also, that the British government would pro ceed pari passu, with the government of France, in the re vocation ot her Edicts. I will proceed to shew that the ob~ iigation on Great-Britain to revoke her Orders is complete, according to her own engagements, and that the revocation ought not to be longer delayed. By the act of May 1st, 1810, it is provided, That if either Great-Britain or France should cease to violate the neutral commerce of the United States, which fact the Pre sident should declare by proclamation, and the other party should not within three months thereafter revoke or modify HISTORY OF THE AVAK. its Edicts ill like manner, that then certain sections in a. former act interdicting- the commercial intercourse between the United States and Great-Britain and France and their dependencies, should from and after the expiration of three months from the date of the proclamation, be revived and have full force against the former, its colonies and depen dencies, a )d against all articles the growth, produce, or manufacture of the same. The violations of neutral commerce alluded to in this act, were such as were committed on the high seas. It was in the trade between the United States and the British domin ions, that France had violated the neutral rights of the United States by her blockading 1 Edicts. It was with the trade of France and her allies that Great-Britain had com mitted similar violations by similar Edicts. It was there* vocation ot those Edicts, so far as they committed such vio lations, which the United States had in view, when they passed the law of May 1st, 1810. On the 5th of August, Z 8 i,0, the French minister of foreign affairs addressed a note to the minister plenipotentiary of the United States at Paris, informing" him that the Decrees of Berlin and Mi lan were revoked ; the revocation to take effect on the 1st of November following: that the measure had been taken by his government in confidence that the British govern ment would revoke its Orders, and renounce its new prin ciples of blockade, or that the United States would cause their rights to be respected, conformably to the act of May 1st, 1810. This measure of the French government was founded on ilie law of May 1st, 1810, as is expressly declared in the let ter of the Duke of Catlore announcing it. The Edicts ot Great- Britain, the revocation of which were expected by France, were those alluded to in that act ; and the means by which the United States should cause their rights to be respected, in case Great-Britain should not revoke her Edicts, were likewise to be found in the same act. They consisted merely in the enforcement of the non-importatiou *ict against Great-Britain, in that unexpected and improba ble contingency. The letter of the otii of August, which announced the re vocation of the French Decrees, was communicated to this government, in consequence of which the President issued HISTORY OF THE WAtt, -"if a proclamation on the 2d of November, the day after that on \\hich the repeal of the French Decrees was to take effect in which he declared that all restrictions imposed by the act of May 1st, 1810, should cease and be discontinued in re lation to France and her dependencies. It was a necessary consequence of this proclamation, also, that if Great-Britain did not revoke her Edicts, the non-importation would ope rate on her, at the end of three months. This actually took place. She declined the revocation, and on the td of Feb ruary last, that law took effect. In coniirmation of the pro clamation, an act of Congress was passed on the 2d of March folio whig 1 . Great-Britain still declines to revoke her Edicts, on the pretension that France has not revoked hers. Under that impression she infers that the United States have done her injustice by carrying into effect the non-importation against her. The United States maintain that France has revoked her Edicts, so far as they violated their neutral rights, and were contemplated by the law of May 1st, 1810, and have on that ground particularly claimed and do expect of Great- Britain a similar revocation. The revocation announced officially by the French min ister of foreign affairs, to the minister plenipotentiary of the United States at Paris, on the 5th of August, 1810, was in itself sufficient to justify the claim of the United States to a correspondent measure from threat-Britain. She had de clared that she would proceed part passu in the repeal with Franc*, and the day being fixed when the repeal of the French Decrees should take effect, it was reasonable to conclude that Great-Britain would lix the same day for the. repeal of her Orders Had tiiis been done, the proclama tion of the President would have announced the revocation of the Edicts of both powers at the same time, and in con sequence thereof the non-importation would have gone into operation against neither. Such, too, is the natural course of proceeding in transactions between independent states ; and such the conduct which they generally observe towards each other. In all compacts between nations, it is the dutv of each to perform what it stipulates, and to presume on the good faith of the other for a like performance. The United States having made a proposal to both belligerents were 32 HISTORY OF THE WAR. bound to accept a compliance from either, and it was no objection to the French compliance, that it was in a form to take effect at a future day ; that being a form not unusual in other public acts ; even when nations are at war and make peace, this obligation of neutral confidence exists and is respected. In treaties of commerce, by which iheir fu ture intercourse is to be governed, the obligation is the same. If distrust anil jealousy are allowed to prevail, the moral tit--, which binds nations together in all their relations, in war, as well as in peace, is broken. What would Great-Bntairi have hazarded by a prompt compliance in the manner suggested ? She had declared that she had adopted the restraints imposed by her Orders in Council with reluctance, because of their distressing effect on neutral powers. Here then was a favorable op portunity presented to her, to withdraw from that measure with honor, be the conduct of France, afterwards, what it might. Had Great-Britain revoked her Orders, and France failed to fulfil her engagement, she would have gained credit at the expense of France, and could have sustained no in jury by it, because the failure of France to maintain her faith would have replaced Great-Britain at the point from which she had departed. To say that a disappointed reli ance on the good faith of her enemy, would have reproach ed her foresight, would be to set a higher value on that quality, than on consistency and good faith, ad would sac rifice to a mere suspicion towards an enemy, the plain obli gations of justice towards a friendly power. Great-Britain has declined proceeding part passu with France in the revocation of their respective Edicts. She has held aloof, and claims of the United Stales, proof, not only that France has revoked her Decrees, bur that she con tinues to act in conformity with the revocation. To shew that .he repeal is respected, it is deemed suffi cient to state, that not one vessel has been condemned by French tribunals, on the principles of tl-ose Decrees, since the 1st of November last. The New-Orleans packet from Gibraltar to Bordeaux, was detained but never condemned. The Grace-Ani.-Green, from the same British port, to Mar seilles, was 1 kewise detained, but afterwards delivered up unconditionally to the owner, as was such part of the cargo of the New-Orleans packet as consisted of the produce of HISTORY OP THE WAR. the United States. Bolh these vessels proceeding from a T3ritish port, carried cargoes, some articles of which in each,, were prohibited by the laws of France, or admissible by the sanction of the government alone. It does not appear that their detention was imputable to any other cause. If impu- table to the circumstance of passing* from a British to a French port, or on account of any part of their cargoes, it affords no cause of complaint in Great-Britain, as a viola* tion of her neutral rights. No such cause would be afford ed, even in a case of condemnation. The right of com plaint, would have belonged to the United States. In denying 1 the revocation of the Decrees, so far as it is a proper subject of discussion between us, it might reasona bly be expected that you would produce some examples of vessels taken at sea, in voyages to British ports, or on then: teturn home, and condemned under them by a French tri bunal. Nonesuch has been afforded by you. None such are known to this government. You urge only as an evidence that the Decrees are not repealed, the speech of the Emperor of France to the depu ties from the free cities of Hamburg, Bremen, and Lubeck; the Imperial Edict dated at Fontainbleau on the 19th of Oct. 1810 ; the report of the French minister of foreign affairs, dated in December last, and a letter of the minister, of Justice to the President of the Council of prizes of the ^5th of that month. There is nothing h* the first of these papers incompatible with the revocation of the Decrees, in respect to the United States. It is distinctly declared by the Emperor in his speech to the deputies of the Hanse Towns, that the block ade of the British Islands shall cease when the British blockades cease ; and that the French blockade shall cease in favor of those nations in whose favor Great Britain re- \ okes hers, or who support their rights against her preten T sion, as France admits the United States will do, by enforc ing the non-importation acL The same sentiment is ex pressed in the report of the ministers of foreign affairs. The Decree of Fontainbleau having no offect on the high seas, cannot be brought into this discussion. It evidently lias no connection with. neutral rights. The letter from the minister of justice, to the. President of the Council of prizes, is of a different character. It relates in direct terms to this 34 HISTORY OF THE WAIT, subject but not in the sense in which you understand it. After reciting the note from the duke ofCadore of the 5th August last, to the American minister at Paris, which an nounced the repeal of the French Decrees, and the proclama tion of the President in consequence of it, it states that all causes arising under those Decrees after the 1st of Novem- O ber, which were then before the court,, or might afterwards be brought before it. should not be judged by the principles of the Decrees, but be suspended until the fid February, when the United States having fulfiled their engagement, the captures should be declared void, and the vessels and their cargoes delivered up to their owners. This paper ap pears to afford an unequivocal evidence of the revocation of the Decrees, so far as relates to the United States. By in structing the French tribunal to make no decission till tht; 2d of February, and then to restore the property to the own ers, on a particular event which has happened, all cause of doubt on that point seems to l>3 removed. The United- States may justly complain of delay in the restitution of the properly, but thai is an injury which effects them only. Great Britain has no right to complain of it. She was in terested only in- the revocation of the Decrees by which neutral rights waul d be secured, from future violation ; or if she had been interested in the delay it would have afford ed no pretext for more than a delay in repealing her orders the 2d of February. From that day at farthest the French Decrees would cease. At the same day ought her Orders to hate ceased. I might add to this statement, that every communication received from the French government, ei ther through our representatives there, or it* representatives here, are in accord with the actual repeal of the Berlin and Milan Decrees, in relation to the neutral commerce of the- United States. But it will suffice to remark, that the best, and only adequate evidence of their ceasing to operate, is the deft ct of evidence that they do operate. It is a case- where the want of proof ag^in ft the fulfilment of a pledge is- proof of the fu4 fit n\ent. Every case occurring, to which if the Decrees were in force, they would be applied, and to which they are not applied, is a proof that they are not in force. And if these prciofs have not been more multiplied, ..I need not remind you lhat a cause is to be found in the nu merous captures under yow Orders in Council, which COR- HISTORY OF THE WAR. 35 tinue to evince the rigour with which they are enforced, af ter a failure of the basis on which they are supposed lo rest. But Great-Britain contends, as appears by your last letters, that she ought not to revoke her Orders in Council, until the commerce of the continent is restored to the state in which it stood before the Berlin and Mi tan Decrees were issued ; until the French Decrees are repealed not only as to the United States, but so as to permit Great-Britain to trade with the continent. Is it then meant that Great-Bri tain should be allowed to trade with all the powers with whom she traded at thet epoch? Since that tune France has extended her conquests to the north, and raised enenves against Great-Britain, where she then had friends. Is it proposed to trade with them notwithstanding* the change in their situation ? Between the enemies of one stnte and those of another, no discrimination can be made. There is none in reason, nor can there be any of right, in practice. Or do yotv maintain the general principle and contend that Great-Britain ought to trade with France and her Allies ? Between enemies there can be no commerce. The vessels of either taken by the other are liable to confiscation and are always confiscated. The number of enemies or extent of country which they occupy, cannot effect the question. The laws of war govern the relations which subsist between <3 them, which especially in the circumstance under consider ation are invariable. They were the same in times the most remote that they now are. Even if peace had taken place between Great-Britain and the powers of the continent she would not trade with them without their consent. Or does Great-Britain contend, that the United States, as a neutral power, ought to open the continent to her commerce, on such terms as she may designate ? On what principle can she set up such a claim ? JVo example of it can be found in the his tory of past wars, nor is it founded in any recognized prin ciple of war, or in any semblance of reason or right. The United States could not maintain such a claim in their own favor, though neutral when advanced in favor of an enemy, it would be the most preposterous and extravagant claim ever heard of. Every power when not restrained by treaty, has aright to regulate its trade with other nations, in such a manner as it finds it most consistent with its inter est ; to admit, and on its, own conditions, or to prohibit the uG HISTORY OF THE WAR. importation of such articles as are necessary to supply the wants, or encourage the industry of its people. In what light Would Great-Britain view an application from the Unit ed States for the repeal of right of any act of her parlia ment, which prohibited the importation of any article from the United States, such as their fish, or their oil ? Or which claimed the diminution of the duty on any other, such as their tobacco on which so great a revenue is raised? In what light would she view a similar application made at the instance of France, for the importation into England, of any article the growth or manufacture of that powerwhich it was the policy of the British government to prohibit. If delays have taken place in the restitution of American property, and in placing the American commerce in the ports of France on a fair and satisfactory basis, they involve questions, as has already been observed, in which the United States alone are interested. As thev do not violate the re vocation by France, of her Edicts, they cannot impair the obligation of Great-Britain to revoke hers ; nor change the epoch at which the revocation ought to have taken place. Had that duly followed, it is more than probable that those circumstances, irrelative as they are, which have excited doubt in the British government of the practical revocation of the French Decrees, might not have occurred. Every view which can be taken of this subject, increases the painful surprise at the innovations on all the principles and usages hereto fore observed, which are so unreservedly contended for, in your letters of the 3d and l(5th inst. and which, if persisted in by your government, presents such an obstacle to the wishes of the United States, for a removal of the difficulties which have been connected with the Orders in Council. It is the interest of belligerents to mitigate the calamities of war, and neutral powers possess ample means to promote that object, provided they sustain with impar tiality and firmness the dignity of their station. If belliger ents expect advantage from neutrals, they should leave them in the full enjoyment of their rights. The present war, has been oppressive beyond example, by its duration, and by the desolation which it has spread throughout Europe. It is highly important that it should assume, at least, a milder character. By the revocation of the French Edicts, so far us they respected the neutral commerce of the United Stales, HISTORY OP THE WAR. 37 some advance is made towards that most desirable and con soling* result. Let Great-Britain follow the example. The ground thus gained will soon be enlarged by the concur ring and pressing- interest of all parlies, and whatever is gained, will accrue to the advantage of afflicted humanity. I proceed to notice another part of your letter of the 3d inst. which is viewed in a more favorable light. The Pres ident has received with great satisfaction the communica tion thai should the Orders in Council of 1807, be revoked, the blockade of Mav, of the preceding year, would cease with them, and that any blockade which should afterwards be instituted, should be duly notified and maintained by an adequate force. This frank and explicit declaration, wor thy of the prompt and amicable measure adopted by the prince regent in coming into power, seems to remove a ma terial obstacle to an accommodation of differences between our countries, and when followed by the revocation ot the Orders in Council, will, as I am authorised to inform you, produce an immediate termination of the non-importation law, by an exercise of the power vested in the President for that purpose. I conclude with remarking, that if I have confined this letter to the subjects brought into view by yours, it is not because the United States have lost s;ght in any degree of the other very serious causes of complaint, on which they have received no satisfaction, but because the conciliatory policy of this government has thus far separated the case of the Orders in Council from others, and because with respect to these others, your communication has not afforded any reasonable prospect of resuming them, at this time, with suc cess. It is presumed that the same liberal view of the true interests of Great-Britain, and friendly disposition towards the United States, which induced the prince regent to re move so material a difficulty as had arisen in relation to a repeal of the Orders in Council, will lead to a more favora ble further consideration of the remaining difficulties on that subject, arjd that the advantages of an amicable adjustment of every question, depending between the two countries, will be seen by your government, in the same light, as they ire by that of the United States. I have the honor to be, >vc. JAMES MONROE. 38 HISTORY OF THE WAR* Mr. Foster to Mr. Monroe. WASHINGTON, July 26th, 1811. SIR I have had the honor to receive your letter of July 23d, in answer to mine of the 3d and 14th inst. which you will permit me to say were not merely relative to his majes ty s Orders in Council, and the blockade of May 1806, hut al?o to the President s" proclamation of last November, and to the consequent act oi Congress of March 2d, as well as to the just complaints which his royal highness, the prince regent, had commanded me to make to your gov ernment, with respect to the proclamation and to that act. If the IT. States government had expected that I should have made communications which would have enabled them to come to an accommodation with Great-Britain on the ground on which alone you say it was possible to meet us, and that you mean by that expression a departure irons our system of defence against the new kind of warfare still practised by France, Iain at a loss to discover from what source they could have derived those expectations ; cer tainly not from the correspondence between the Marquis Wellesley and Mr. Pmkney, Before I proceed to reply to the arguments which are brought forward by yzu to show that the Decrees of Berlin and Milan are repealed, 1 must first enter into an explana tion upon some points on which you have evidently misap prehended, for I will not suppose you could have wished to misinterpret my meaning. And iirst^ in regard to the blockade of May, 1800, 1 must avow that I am wholly at a loss to find out from what part of my letter it is that the President has drawn the unqualified inference, that should the Orders in Council of 1807, be re voked, the blockade of May, 1806, would cease with them. It is most material that, on this point, no mistake should exist between us. From your letter it would ap pear, as if on the question of blockade which America had so unexpectedly connected with her demand for a repeal of our Orders in Council, Great-Britain had made the conces sion required of her; as if, after ail that has passed on the sub ject, after the astonishment and regret of his majesty s gov ernment at the United States having taken up the view which the French government presented, of our just and legitimate principles of blockade, which are exemplified in HISTORY OF THE WAR. 3& fne blockade of May, 1806, the whole ground taken by his majesty s government was at once abandoned. When I had the honor to exhibit to you my instructions, and to draw wp as 1 conceived, according to your wishes and those of *he President, a statement of the mode in which that block ade would probably disappear, I never meant to authorise such a conclusion, anil I now beg most unequivocally to disclaim it. The blockade of May, 1806, will not continue after the repeal of the Orders in Council, unless his majes ty s government shall think fit to sustain it by the special application of a sufficient naval force, and the fact of ite being so continued or not, will be notified at the time. If, in this view of the matter, which is certainly presented in a conciliatory spirit, one of the obstacles to a complete under standing between our countries can be removed by the Uni ted States government waving all further reference to that blockade when they can be justified in asking a repeal of the Orders, and if I may communicate this to my govern ment, it will undoubtedly be very satisfactory ; but I beg distinctly to disavow having made any acknowledgment that the blockade would cease merely in consequence of a revocation of the Orders in Council ; whenever it does cease, it will eease because there will be no adequate forc& to maintain it. On another very material point, sir, you appear to have misconstrued my words ; for in no one passage of my letter can I discover any mention of innovations on the part of Great-Britain, such as you say excited a painful surprise in your government. There is no new pretension set up bv his majesty s government. In answer to questions of yours,, as to what were the Decrees or regulations of France which Great-Britain complained of, and against which she directs her retaliatory measures, I brought distinctly into, your view the Berlin and Milan Decrees, and you have not denied, because, indeed, you could not, that the provisions, of those Decrees were new measures of war on the part of Prance, acknowledged as such by her ruler, and contrary to the principles and usages of civilized nations. That the present war has been oppressive beyond example by its du ration, and the desolation it spreads through Europe, I wil lingly agree with you, but th? United States cannot surely mean te attribute Hie cause io Great-Britain. The question 40. UISTORl OF THU YV AH. between Great- Britain and France is that of an honorable struggle against the lawless efforts of an ambitious tyrant, and America can bnt have the wish of every independent nation as to its result. . On a third point, sir, I have also to regret that my mean ing should have been mistaken. Great-Britain never con tended that British merchant vessels should be allowed to trade with her enemies, or that British property should be allowed entry into their ports, as you would infer ; such a pretension would indeed be preposterous ; but Great-Bri tain does contend against the system of terror put in practice by France, by which usurping authority wherever her arms or the timidity of nations will enable her to extend her in fluence, she makes it a crime to neutral countries as well as individuals that they should possess articles, however acquir ed, which may have been once the produce of English in dustry or of the British soil. Against such an abominable and extravagant pretension every feeling must revolt, and the honor no less than the interest of Great-Britain engages her to oppose it. Turning to the course of argument contained in your let ter, allow me to express my surprise at the conclusion you draw in considering the question of priority relative to the French Decrees or British Orders in Council. It was dearly proved that the blockade of May, 1806, was main tained by an adequate naval force, and therefore was.ji blockade founded on just and legitimate principles, and I have not heard that it was considered in a contrary light when notified as such to you by Mr. Secretary Fox, nor until it suited the views of France to endeavor to have it considered otherwise. Why America took up the view the French government chose to give of it, and could see in it- grounds for the French Decrees, was always matter of as tonishment in England. Your remarks on modifications at various times of our system of retaliation will require the less reply from the cir cumstance of the Orders in Council of April, J809, having superceded them all. They were calculated for the avow ed purpose of softening the effect of the original Orders on neutral commerce, the incidental effect of those Orders on neutrals having been always sincerely regretted by his ma jesty s government ; but when it was found that neutrals ob jected to them they were removed. HISTORY OF THE WAR. 41 As to the principle of retaliation, it is founded on the just and natural right of self defence against our enemy ; if France is unable to enforce her Decrees on the ocean, it is not from the want of will, for she enforces them wherever she can do it ; her threats are only empty where her power is of no avail. In the view you have taken of the conduct of America, in her relations with the two belligerents, and in the con clusion you draw with respect to the impartiality of your country, as exemplified in the non-importation law, I la ment to say I cannot agree with you. That act is a direct measure against the British trade, enacted at a time when all the legal authorities in the United States appeared ready to contest the statement of a repeal or the French Decrees, on which was founded the President s proclamation of No vember 2d, and consequently to dispute the justice of the proclamation itself. You urge, sir, that the British government promised to proceed paripassu with France in the repeal of her Edicts. It is to be wished you could point out to us any step France has taken in repeat of hers. Great-Britain has repeatedly de clared that she would repeal when the French did so, and she means to keep to that declaration. I have stated to you that we could not consider the let ter of August 5, declaring the repeal of the French Edicts, providing we revoked our Orders in Council, or America resented our not doing so, as a step ot that nature ; and the French government knew that we could not ; their object was evidently while their system was adhered to, in all its rigor, to endeavor to persuade the American government that they had relaxed from it, and to induce her to proceed in enforcing 1 the submission of Great-Britain to the inordinate demands of France. It is to be lamented that they have but too well succeeded ; for the United States government ap pear to have considered the French Declaration in the sense in which France wished it to be taken, as an absolute repeal of her Decrees, without adverting to the conditional terms which accompanied it. But you assert that no violations of your neutral rights by France occur on the high seas, and that these were all the violations alluded to in the act of Congress of May, 1810. 1 readilv believe, indeed, that such cases are fare, bat 42 HISTORY OF THE WAR. it is owing to the preponderance of the British liavy that they are so, when scarce a ship under the French flag can venture to sea without being taken, it is not extraordinary that they make no captures. If such violations alone were within the purview of your law, there would seem to have been no necessity for its enactment. The British navy might have been safely trusted for the prevention of this oc currence. But I have always briieved and my government has believed, that UK American legislators had in view in the provision of their law as it respects France, not only her deeds of violence on the seas, but a ; l the novel and extra ordinary pretensions and practices of her government which infringed their neutral rights. We have had no evidence as yet of any of those preten sions being abandoned. To the ambiguous declaration in Mr. Champagny s note is opposed the unambiguous and personal declaration of Bonaparte himself. You urge that there is nothing incompatible with the revocation of the De crees in respect to the United States, in IMS expressions to the deputies from the free cities of Hamburgh, Bremen, and Lubeck, that it is distinctly stated in that speech, that the blockade of the British Islands shall cease when the Sril sh blockade shall cease, and that the French blockade shall cease in favor of those nations in whose favor Great- Britain revokes hers or who support their rights against her pretensions. It is to be inferred from this and the corresponding parts of the declaration alluded to, that unless Great-Britain sac rifices her principles of blockade, which are those authori zed by the established laws of nations, France will still maintain her Decrees of Berlin and Milan, which indeed, the speech in question declares to be the fundamental laws of the French empire. I do not, I confess, conceive how these avowals of the ruler of France, can be said to be compatible with the re peal of his Decrees in respect to tl.e United States. If the United vStates are prepared to insist on the sacrifices by Great-Britain of the ancient and established rules of mari time war practised by her, then indeed they may avoid the operation of the French Decrees, but otherwise, According to this document, it is very clear that they are still subjected to them. HISTORY OF THE WAR, 48 The Decree of Fountambleau is confessedly founded on the Decrees of Berlin and -Milan, dated ihe 19! h October, 1810, and proves their continued existence. The report f the FYench minister of December 8, announcing 1 the per severance of France in her Decrees. is still further in confir mation of them, and a re-perusal of the letter of the minister of justice, of the 2oth last December, confirms me in the inference I drew from it, for otherwise why should that min ister make the prospective restoration of American vessels, taken after the 1st of November, to be a consequence of the non-importation, and not of the French revocation. If the French government had been sincere, they would have ceas ed infringing on the neutral rights of America, after the 1st November. That they violated them, however, after that period, is notorious. Your government seem to let it be understood that an ambiguous declaration from Great-Britain, similar to that of the French minister, would have been acceptable to them, But, sir, is it consistent with the dignity of a nation that respects itself, to speak in ambiguous language ? The sub jects and citizens of either country would in the end be the victims, as many are already, in all probability, who from a misconstruction of the meaning of the French govern ment, have been led into the most imprudent speculate ns. Such conduct would not be to proceed part paxsu with France in revoking our Edicts, but to descend to the use of the perfidious and juggling contrivances of her cabinet, by which she fills her coffers at the expense of independent nations. A similar construction of proceeding part pctssu might lead to such Decrees as those of Rambomllet, or of Bayonne, to the system of exclusion or of licences, all measures of France against the American commerce, is nothing short of absolute hostility. It is urged that no vessel has been condemned by the tri bunals of France, on the principles of her Decrees since the the 1st of November. You allow, however, that there have been some detained since that period, and that such part of the cargoes as consisted of goods not the produce of Amer ica, was seized, and the other part, together with the vessel itself, only released after the President s proclamation be came known in France. These circumstances, surely, only prove the difficulty that France is under in reconciling her 44 HISTORY OF THE WAR. anti-commercial anil anti-neutral system, with her desire to express her satisfaction at the measures taken in America against the commerce of Great-Britain. She seizes in vir tue of the Berlin and Milan Decrees, but she makes a par tial restoration for the purpose of deceiving 1 America. I have now followed you, I believe, sir, through the vvhok range of your argument, and on reviewing the course of it, I think I may securely say that no satisfactory proof has yet been brought forward of the repeal of the obnoxious De crees of France, but on the contrary, that it appears they continue in full force, consequently that no grounds exist on which you can, with justice, demand of Great-Britain a revocation of her Orders in Council ; that we have a right to complain of the conduct of the American government, in enforcing the provisions of the act of May, 1810, to the ex clusion of the British trade, and afterwards in obtaining a special law for the same purpose though it was notorious at the time that France still continued her aggressions upon American commerce, and had recently promulgated anew lier Decrees, suffering no trade irom this country, but through licences publicly sold by her agent, and that all the suppositions you have formed of innovations on the part of Great-Britain, or of her pretensions to trade with her ene mies are wholly groundless. I have also stated to you the view his majesty s government has taken of the question of the blockade of May, 1806, and it now only remains that I urge afresh the injustice of the United States government, persevering in their union with the French system, for the purpose of crushing the commerce of Great-Britain. From every consideration which equity, good policy, or interest can suggest, there appears to be such a call upon America to give up this system, which favors France, to the injury of Great-Britain, that I cannot, however little sat isfactory your communications are, as yet abandon all hopes that even before the Congress meet, a new view may be taken of the subject by the President, which will lead to a more happy result. I have the honor to be, with very high consideration and respect, sir, your most obedient humble servant, AUGUSTUS J. FOSTER HISTORY OF THE WAK, 4<> Mr. Monroe to Mr. Foster. DEPARTMENT OF STATE, July 27th, 1811. SIB, I had the honor to receive your letter of yesterday s date, in time to submit it to the view of the President before he left town, It was my object to state to you in my letter of the 23d inst. that under existing circumstances, it was impossible for the President to terminate the operation of the non-importa tion law of the 2d ol March last ; that France having except- ed the proposition made by a previous law equally to G, Britain and to France, and having* revoked her Decrees, violating our neutral rights, and Great-Britain having declin ed to revoke hers, it became the duty of tins government to fulfil its engagement, and to declare the non-importa tion law in force against Great- Britain. This state of affairs has not been sought by the United States. When the proposition, contained in the law of May 1st, 1810, was offered equally to both powers, there was cause to presume that Great-Britain would have accepted it, in which event the non-importation law would not have op erated against her. It is in the power of the British government at this time to enable the President to set the non-importation law aside, by rendering to the United States an act of justice. If Great-Britain will cease to violate our neutral rights by re voking her Orders in Council, on which event alone the President has the power, I am instructed to inform you that he will, without delay, exercise it by terminating the ope ration of this law. It is presumed that the communications which I have had the honor to make to you, of the revocation by France of her Decrees, so far as they violated the neutral rights of the United States, and of her conduct since the revocation, will present to your government a different view of the sub ject, from that which it had before taken, and produce in its councils a correspondent effect. I have the honor to be, &c. JAMES MONROE, Mr. Monroe to Mr. Foster. SIR I have had the honor to receive your letter of the 26th of July, and to submit it to the view of the President, 46 HISTORY OF THE AVAR. In answering- that letter, it is proper that I should notice a complaint that 1 had omitted to reply in mine of the 23d of July, to your remonstrance against the proclamation of the President, of November last, and to the demand which you had made, by order of your government, of the repeal of the non-importation act of March 2d, of the present year. My letter has certainly not merited this imputation/ Having shewn the injustice of the British government in issuing the Orders in Council on the pretext assigned, and its still greater injustice in adhering to them after that pre text had failed, a respect for Great-Britain, as well as for the United States, prevented my placing in the strong light in which the subject naturally presented itself, the remon strance alluded to, and the extraordinary demand founded on it, that while your government accommodated in noth ing, the United States should relinquish the ground, which by a just regard to the public rights and honor, they had been compelled to take. Propositions tending to degrade a nation, can never be brought into discussion by a govern ment, not prepared to submit to the degradation. Jt was for this reasou that I confined my reply to those passages in "your letter, which involved the claim of the United States, on the principles of justice, to the revocation of the Orders in Council. Your demand, however, was neither unnoti ced or unanswered. In laying before you the complete, and as was believed, irresistible proof on which the United States expected, and called for the revocation of the Orders in Council, a very explicit answer was supposed to be given to that demand. Equally unfounded is your complaint that I misunder stood that passage, which claimed as a condition of the re vocation of the Orders in Council, that the trade of Great- Britain with the continent, should be restored to the state in which it was before the Berlin and Milan Decrees were is sued. As this pretension was novel and extraordinary, it was necessary that a distinct idea should be formed of it, and with that view, I asked such an explanation as would enable me to form one. In the explanation given, you do not insist on the right to trade in British property, with British vessels, directly with your enemies. Such a claim, you admit, would be prepos terous. But you do insist by necessary implication, that HISTORY OF THE WAR. 47 France has no right to inhibit the importation into her ports of British manufactures, of the produce of the British soil, when the property of neutrals ; and that, until France re moves that inhibition, the United States are to be cut off by Great-Britain from all trade whatever, with her enemies. On such a pretension it is almost impossible to reason. There is, I believe, no example of it in the history of past wars. Great-Britain, the enemy of France, undertakes to regulate the trade of France ; nor is that all ; she tells her that she must trade in British goods. It France and Great- Britain were at peace, tins pretension would not be set up, nor even thought of. Has Great-Britain then acquired in this respect by war, rights which she has not in peace ? And does she announce to neutral nations, that unless they con sent to become the instruments of this policy, their com merce shall be annihilated, and their vessels shall be shut up in their own ports ? I might ask whether French goods are admitted into Great-Britain, even in peace, and if they are, whether it be of rig ht, or by the consent and policy of the British govern ment : } That the property would be neutralized does not effect the question. If the United States have no right to carry their own productions into France without the consent of the French government, how can they undertake to carry there those of Great-Britain ? In all cases it must depend on the interest and the will of the party. Nor is it material to what extent, or by what powers,. the Irade of the continent is prohibited. If the powers who prohibit it, are at war with Great-Britain, the prohibition is a necessary consequence of that state. If at peace, it is their own act ; and whether it be voluntary, or compulsive, they alone are answerable for it. If the act be taken at the in stigation and under the influence of France, the most that can be said, is, that it justifies reprisal against them, by a similar measure. On no principle whatever can it be said to give any sanction to the conduct of Great- Britain towards neu tral nations. The United States can have no objection to the employ ment of their commercial capital in the supply of France, and of the continent generally, with manufactures, and to comprise in the supply those of Great-Britain, provided 48 HISTORY OF THE WAfc. those powers will consent to it. But they cannot undertake to force such supplies on France or on any other power, in compliance with the claim of the British government, on principles incompatible with the rights of every indepen dent nat.on, and they will not demand in favor of another power, what they cannot claim for themselves. All that Great-Britain could with reason complain of, was the inhibition by the French Decrees, of the lawful trade of neutrals, with the British dominions As soon as that inhibition ceased, her inhibition of our trade with France ought in like manner to have ceased. Having pledged herself to proceed part pttssu with France, in the revocation of their respective acts, violating neutral rights, it has afforded just cause of complaint, and even of aston ishment, to the United States, that the British government should have sanctioned the seizure and condemnation of American vessels under the Orders in Council alter the re vocation of the French Decrees was announced, and even in the very moment when your mission, avowed to be con ciliatory, was to have its effect I will only add that had it appeared finally, that France had failed to perform her engagements, it might at least have been expected, that Great-Britain would not have mo lested such of the vessels of the United States as might be entering the ports of France, on the faith of both govern ments, till that failure was clearly proved. To many insinuations in your letter I make no reply, be cause they sufficiently suggest the only one that would be proper. If it were necessary to dwell on the impartiality which has been observed by the United States towards the two bel ligerents, I might ask, whether if Great-Britain had accept ed the condition which was offered equally to her and France, by the act of May 1st, 1810, and .France hail re jected it, there is cause to doubt thatthe non-importation act, would have been carried into effect against France ? No such doubt can possibly exist, because in a former instance, when this government, trusting to a fulfilment by yours, of an arrangement which put an end to a non-intercourse with Great-Britain, the non-intercourse was continued against France, who had not then repealed her Decrees, as it was not doubted England had done. Has it not been repeat- HISTORY OF THE WAR. 49 declared to your government, that if Great-Britain Would revoke her Orders in Council, the President would immediately cause the non-importation to cease ? You well know that the same declaration has often been made to yourself, and that nothing- more is wanting to the removal of the existing obstructions to the commerce between the two countries, than a satisfactory assurance, which will be received with pleasure from yourself, that the Orders in Council are at an end By the remark in your letter of the 3d of July, that the blockade of May, 1806, had been included in the more comprehensive system of the Orders in Council of the follow ing year, and that, if that blockade should be continued in force after the repeal of the Orders in Council, it would be inconsequence of the special application of a sufficient na val force, I could not but infer your idea to be, that the re peal of the Orders in Council would necessarily involve the repeal of the blockade of May. I was the more readily induced to make this inference, from the consideration that if the blockade was not revoked by the repeal of the Orders in Council, there would be no necessity for giving notice that it would be continued ; as by the further consideration, that according to the decision of your court qf admiralty, a blockade instituted by proclamation does not cease bv the removal of the force applied to it, nor without a formal no tice by the government to that eiFect. It is not, however, wished lo discuss any question relative to the mode by which that blockade may be terminated: Its actual termination is the material object tor considera tion. It is easy to shew, and it has already been abundantly shown, that the blockade of May, 1806, is inconsistent on any view that may be taken of jt with the law of nations. It is also easy to show that, as now expounded, it was equally inconsistent with the sense of your government, when the order was issued ; and this change is a sufficient reply to the remarks which you have applied to me person al ly. If you will examine the order, you will find that it is strictly, little more than a blockade of the coast from the Seine to Oslend, There is an express reservation in it in favor of neutrals to any part of the coast between Brest and SO HISTORY OF THE WAR. the Seine, and between Osterid and the Elbe. Neutral powers are permitted by it to take from their own ports every kind of produce without distinction as to its origin ; and to carry it to the continent under that limitation, and \vith the exception only of contraband of war, and enemy s property, and to bring; thence to their own ports in return, whatever articles they think tit.* Why were contraband of war and enemy s property excepted, if a commerce even in those articles would not otherwise have bten permitted un der the reservation ? No order was necessary to subject them to seizure. They were liable to it according to the law of nations, as asserted by Great-Britain. Why then did the British government institute a block ade, which with respect to neutrals was not rigorous, as to the greater part of the coast comprised in it ? If you will look to the state of things which then existed between the United States and Great-Britain, you will tind the answer, A controversy had taken place between our governments on a different topic, which was still pending. The British government had interfered with the trade between Fiance and her allies in the produce of their colonies. The just claim of the United States was then a subject of negotia tion ; and your government professing its willingness to make a satisfactory arrangement of it, issued the Order which allowed the trade, without making any concession as to the principle, reserving that for adjustment by treaty. It was in tins light that I viewed, and in this sense that f represented that urder to my government ; and in no other did 1 make any comment o. it. When you reflect that this order by allowing the trade of neutrals, in colonial productions, to all that portion ot the coasl which was not rigorously blockaded, afforded to the United States an accommodation in a principal point then at issue between our governments, and of which their citi zens extensively availed themselves that that trade and the question of blockade, and every other question in which the United States and Great-Britain were interested, were then in a train of amicable negotiation, you will, I think, seethe cause why the minister who then represented the t[ tilted States with the British pfovernment, did not make a formal complaint against it. You have appealed to me, who hap pened to be that minister, and urged my silence as an evi- HISTORY OF THE WAR. 51 4ence of my approbation of, or at least nc^ui^sce in the blockade. \n explanation of the cause of that supposed silence is not less due to myself, than to the true character of the transaction. With the minister with whom I had the honor to treat, I may add, that an official formal complaint was not likely to be resorted to, because friendly communi cations were invited and preferred. The want of such a document is no proof that the measure was approved by me, or that no complaint was made, in recalling to my mind, as this incident naturally does, the manly character of that distinguished and illustrious statesman, and the con fidence with which he inspired all those with whom he had to treat, I shall be permitted to express as a slight tribute of respect to his memory, the very high consideration in which I have always held his great taleuts and virtues. The United States have not, nor can they approve the blockade of an extensive coast. Nothing certainly can be j infered from any thing that has passed relative to the block ade of May, 180(5, to countenance such an inference. It is seen with satisfaction that you still admit that the application of an adequate force is necessary to give & blockade a legal character, and that it will lose that char acter, whenever that adequate force ceases to be applied. As it cannot be alledged that the application of any such adequate force has been continued, and actually exists in the case of the blockade of May, 1806, it would seem to be a fair inference, that the repeal of the Orders in Council will leave no insuperable difficulty with respect to it. To sup pose the contrary, would be to suppose that the Orders in Council, said to include that blockade, resting themselves on a principle of retaliation only, and not sustained by the application of an adequate force, would have the effect of sustaining a blockade admitted to require the application cf an adequate force, until such adequate force should actually take the place of the Orders in Council. Whenever any blockade is instituted, it will be a subject for consideration, and if the blockade be in conformity to the law of nations, ; there will be no disposition in this government to contest it. I have the honor to be, Sec. JAMES MONROE. d2 HISTORY OF THE WAR, Mr. Foster to Mr. Monroe. WASHINGTON, October 22, 181L SIR T had the honor to receive your letter of the 17th inst. together with its three enclosures, on the road between Baltimore and this city ; I had that of receiving at the same time, your letter dated October 1, in answer to mine of the 26th of last July. Not having 1 had any despatches from his majesty s gov ernment lately, 1 have not as yet received the copy of the recent communication from Pans in regard to the supposed repeal of the French Decrees, which the charge d aifuirs of the United States at London has intimated to you, that he understood the Marquis Wellesley intended to transmit to me, and which I conclude is the same as that contained in the letter, of Mr. Russell, the American charge d afiairs ia France. I arn however in daily expectation of the arrival of his majesty s packet boat, when it will in all probability reach me, and when if I should receive any tresh instruc tions in consequence I will not fail immediately to acquaint you. In the meanwhile, however, I beg you will j.ermil me to make some remarks in reply to your letter of Octo ber 1, being extremely anxious io do away the impression which you seem to have received relative to the demand I had made for the repeal of the non-importation act of the present year. It is, I assure you, sir, with great regret that I find you consider that demand as involving in any degree proposi tions tending to degrade your nation. Such an idea cer tainly never existed with his majesty s government, nor would it be compatible with 4he friendly sentiments enter- ta ned by them, for the United States ; neither could I have suffered myself to be the channel of conveying a demand -which I thought had such a tendency, However you view the demand made on the- part ot Great-Britain, I can safely sa\ that it was made in consequence of its appearing to his majesty s government on strong evidence that the chief of the Fre-rcli nation had realty deceived America as to the repeal of his Decrees, and in the hopes that the United States government would therefore see the justice of repla cing this country on its former footing of amicable rela tions with England, nothing appearing to be more natural thaa such an expectation, which seemed a necessary conse- HISTORY OF THE WAR, 5 quenceof the disposition expressed by America to maintain her neutrality, and desirable in every oilier point of view. I connot indeed bring myself to think, sir, that your candor would allow you, on a consideration, to put any other con struction on th^ matter, and had my arguments had suffi cient weight with you in shewing- that the French Decrees were still in force, I cannot doubt but you wou! : have agreed with me in the conclusion 1 drew it would seem therefore only owing to your not viewing the deceitful con duct of the French government in the same light that it ap pears to his majesty s government, that a difference of opinion exists between us as to the proposal I made, v>hich under the conviction entertained by them was, surely a very just and natural one. From the earnest desire of vindicating myself and my government from the charge of making any degrading or unjust demands on that of America, I have taken the liber ty to trouble you so lar and I will now proceed to shew why I thought you had misunderstood the passage ot my letter which related to the extent in which the repeal of the French Decrees was required by Great-Britain. In the ex planation which you desired on this point I gave you that which the Marquis Wellesley gave Mr. Pmkney in answer to his letter of August 25, 1810, and I beg to refer you to the message of the President of the United States on the opening of Congress in December, 1810, for a proof that the demand of Great-Britain in the extent in which I have stated it was known to your government several months ago how was I therefore to suppose in the term innova tions, as applied to the explanation given by me, that you could mean otherwise than some really new pretension on the part of Great-Britain such as that France should suffer British property to be carried into her ports for the purpo ses of trade? If the warmth I was betrayed into in endeav oring to refute a supposed imputation of this sort gave any offence, I sincerely regret it, and I will beg permission here to say, sir, that if unconsciously 1 have by any of my remarks ledyou to suppose they conveyed any improper insinuations, as one paragraph of your letter would appear to imply, I am most unfeignedly sorry for it, as I entertain the high est respect for you, personally, and for your government ; and could only have meant what I wrote in the way of ar- HISTORY OF THE WAR. gument, or for the purpose of contrasting- the proceedings otFra. ce in her conduct towards the United States with that of Great-Britain. In reverting- to the extraordinary and unprecedented sit- mtion of things that has arisen out of the war in Europe it would seem needless to repeat the evidence there is that the lawless and unbounded ambition of the ruler of France has feeen the origin of it, and it cannot be a secret to the Unit ed States government that his plan has been and avowedly continues to be, not to scruple at the violation of any law* provided he can thereby overthrow the maritime power of England. Is it not therefore reasonable in Great-Britain to distrust an ambiguous declaration of his having sudden ly given up any part of a system which he thought calculat ed to produce such an effect? You say however that the Decrees of Berlin and Milan are revoked. America, as not being at war, and therefore not seeing so clearly into the views of France, may be less scrupulous as to the evi dence necessary to prove the fact but sir, it surely cannot be expected that Great-Britain, who is contending for ev ery thing that is dear to her, should not require more proof on a point so material to hx:r. It is undoubtly a very desi rable thing for the United States to have a free and unre stricted trade with both belligerents, but the essential se curity and most important interests of Amercia are not in volved in the question as are those of Great- Britain. France lias levelled a blow which she hopes will prove deadly to the resources of G. Britain, and before the British govern ment can with safety give up the measures of defence in consequence adopted by them, very strong proof must exist of the cessation by France of her novel and unprece dented measures. I confess, sir, with the sincerest disposition, to discover on tiie part of the ruler of France, a return to the long-esta blished practice of warfare as exercised in civilized Europe, I have been unable to succeed ; and if the French govern ment had really meant to withdraw their obnoxious De crees, it is inconceivable, why, instead of allowing their in* tentions to be guessed at, or infered, they should not openly and in plain language have declared so ; the Decrees them selves, having been clearly enough announced on their enactment, why should not their revocation be equally ex plicit ? HISTORY OF THE WAR. 55 While, however, numerous declarations have been made en the part of France, of the continued existence oi the De crees and captures made under them of neutral ships have occurred, a few of the American vessels seized since No vember 1, have been restored, and the foregoing-, a very small part of his plunder, is desired by Bonaparte to be con sidered as a proof of the sincerity of his revocation by America ; but it must be recollected, that besides the ob ject of ruining the British resources by his own unauthor ized regulations, he has also that of endeavoring to obtain the aid of the United States for the same purpose, and here in you will, as I had the honor to remark in a former letter, be able to observe the cause of the apparently contradicto ry language held both by himself and his ministers. I shall be extremely happy, to receive from you, sir, the information that in a frank and unambiguous manner the chief of the French government had revoked his Decrees, Why he should not do so is inexplicable if he means to re vert to the ordinary rules of war, but while he exercises such despotic sway wherever his influence extends, to ruin the resources of England, it cannot be expected that Great- Britain shall not use the means she possesses for the purpose of making him feel the pressure of his o\>n system. There is every reason to believe, that ere long the effects on the enemies of Great-Britain will be such, as irresistibly to pro duce a change which will place commerce on its former basis. In the mean time, sir, I hope you will not think it extraordinary, if I should contend that the seizure of Ameri can ships by France, since November 1, and the positive and unqualified declarations of the French government, are stronger proofs of the continued existence of the French Decrees and the bad faith of the ruler of France, than the restoration of five or six vessels, too palpably given up for fallacious purposes, or in testimony of his satisfaction at the altitude taken by America, is a proof of their revocation, or of his return to the principles of justice. I will only repeat, sir, in answer to your observations, on the late condemnation of the ships taken under his majes ty s Orders in Council, what I have already had the honor to state to you, that the delay which took place in their con demnation was not in consequence of any doubt existing m his majesty s government, as to whether the French Decrees 50 HISTOUY OF THE WAR* were revoked, as you seem to imagine, but in consequence of its being thought that the American government upon its appearing that they were deceived by France, would have ceased their injurious measures against the British com merce. A considerable t>me elapsed before the decision took place on those ships, and there is no doubt, but that had the IT. States government not persisted in the unfriend ly attitude towards G. Britain on discovering the ill faith of France, a spirit of conciliation in his majesty s govern ment would hare caused their release. In reply to your observations on the pretensions of G. Britain, relative to the revocation of the French Decrees, I beg to repeat that the sum of the demand made by England is, that France should follow the established laws of warfare as practised in former wars in Europe. Her ruler by his Decrees of Berlin and Milan, declared himself no longer bound by them ; he has openly renounced them in his vio lent efforts to rum the resources of G. Britain, and has trampled on the rights of independent nations to effect his purpose. If the French government make use of means o( unprecedented violence to prevent the intercourse of Eng land with unoffending neutrals, can it be expected that Eng land should tatuelj suffer the establishment of such a novel system of war without retaliation, and endeavoring in her turn to prevent the French from enjoying the advantages of which she is unlawfully deprived ? Having explained already the situation in which the ques tion of the blockade of May, 1806, rests, according to the views of his majesty s government, and the desire of G. Britain to conduct hersyslem of blockade according to the laws of nations, 1 will only advert to it on this occasion, for the purpose ot taking the liberty of acknowledging to you, the very great pleasure I received from the highly honora ble mark of respect, which you have taken the occasion t> express for the illustrious statesman from whose counsels that measure emanated. 1 need not repeat to you, sir, what sincere satisfaction it would give me, if without the sacrifice of the essential rights and interests of G. Britain, all the points in discussion be tween our two countries could be finally adjusted. 1 have the honor to be, \c. AUGUSTUS J. FOSTER. HISTORY OF THE WAR. 57 Mr. Monroe to Mr. Foster. , , DEPARTMENT OF STATE, Oct. 29, 1811. SIR I have had the honor to receive your letter of the 22cl of this month, and to lay it before the President. The assurance which you have given of your disposition to reciprocate, in onr communications on the important sub jects depending between our governments, the respectful attention which each has a right to claim, and that no de parture from it was intended in your letter of the 2(5th July* has been received with the satisfaction due to the frauk and conciliatory spirit in which it was made. I learn, however, with much regret, that you have re ceived no instructions from your government, founded on the new proof of the revocation of the Berlin and Milan. Decrees, which was communicated to the Marquis of Wei- lesley, by the American charge d affuirs at London, in a document of which I had the honor to transmit to you a copy. It might fairly have been presumed, as 1 have before observed, that the evidence afforded by that document, of the complete revocation of those Decrees, so far as they in terfered with the commerce of the U. States with the British dominions, would have been followed by an immediate repeal of the Orders in Council. From the reply of the Marquis of Wellesley, it was at least to have been expected that no time had been lost in transmitting that document to v_5 you, and that the instructions accompanying it, would have manifested a change in the sentiments of yuur government on the subject. The regret, therefore, cannot but be increas ed in fiodmg that the communication, which 1 had the honor to make to you, has not even had the effect of suspending your efforts to vindicate the perseverance ot your govern ment in enforcing those Orders. I regret also to observe, that the light in which you have viewed this document, and the remarks which you have made on the subject, generally, seems to preclude any other view of the conditions on which those Orders are to be re voked, than those that were furnished by your former com munications. You still adhere to the pretension that the productions and manufactures of G. Britain, when neu tralized, must be admitted into the ports of your enemies. This pretension, however vague the language heretofore held by your government, particularly by the Marquis of 8 08 HISTORY OF THE WAH, Wellesley, in his communications with Mr. Pinkney, on the subject; was never understood to have been embraced. Nothing, indeed, short of the specific declarations which you have made, would have induced a belief that such was the case. I have the honor to be, &c. JAMES MONROE. Mr. Foster to Mr. Monroe. WASHINGTON, Oct. 31st, 1811. SIR I did not reply at length to the observations con tained in your letter of the Istinst. on the pretensions of G. Britain as relative to the French system, because you seemed to me to have argued as if but a part of the system continu ed, and even that part had ceased to be considered as a measure of war against G. Britain. For me to have allowed this, would have been at once to allow in the face oi facts, that the Decrees of France were repealed, and that her un precedented measures, avowedly pursued in defiance of the laws of nations, were become mere ordinary regulations of trade. I therefore thought fit to confine my answer to yo ill- remarks, to a general statement of the sum of the demands of G. Britain, which was, that France should by effectually revoking her Decrees, revert to the usual method of carry ing on war as practised in civilized Europe. The pretensions of France to prohibit all commerce in articles of British origin, in every part of the continent, is one among the many violent innovations which are con tained in the Decrees, and which are preceded by the de claration of their being founded on a determination of the ruler of France, as he himself avowed, to revert to the prin ciples which characterised the barbarism of the dark ages, and to forget all ideas of justice, and even the common feel ings of humanity, in the new method of carrying on war adopted by him. . It is not, however, a question with G. Britain of mere com mercial interest, as you seem to suppose, which is involved in the attempt by Bonaparte to blockade her both by sea and land, but one of the feeling, and of national honor, con tending as we do against the principles which he professes in his new system of warfare. It is impossible for us to submit to the doctrine that he has a right to compel the whole con tinent to break off all intercourse with us, and to seize upon HISTORY OF THE WAR. 59 vessels belonging to neutral nations upon the sole plea of their having visited an English port, or of their being laden with articles of British or colonial produce, in whatsoever manner acquired. This pretension, however, is but a part of that system, the whole of which, under our construction of the letter of M. Champagny, of August 5, 1810, corroborated by many subsequent declarations of the French government, and not invalidated by any unequivocal declaration of a contrary tenor, must be considered as still in full force. In the communication which you lately transmitted to me, I am sorry to repeat, that I was unable to discover any facts which satisfactorily proved that the Decrees had been actually repealed, and I have already repeatedly stated the reasons which too probably led to the restoration of a few ot the American ships taken in pursuance of the Berlin and Milan Decrees after November 1. Mr. Russell does not seem to deny that the Decrees may still be kept in force, only he thinks they have assumed a municipal character ; but in M. Champagny s declaration, ambiguous as it was, there is no such division of them into two different charac ters; for if the contingency required by the French Minis ter took place, the Berlin and Milan Decrees were to cease, according to his expression, without any qualification. If 9 therefore, a part of them remain, or be revived again, as seems to be allowed even here, why may not the whole be equally so ? Where proof can be obtained of their existence, we have it, namely, in the ports of France, in which vessels have been avowedly seized under their operation since No vember I. Of their maritime existence we cannot so easily obtain evidence, because of the few French ships of war which venture to leave their harbors. Who can doubt, however, that had the ruler of France a navy at his com mand, equal to the enforcing of his violent Decrees, he would soon show that part of them to be no dead letter. The principle is not the less obnoxious because it is from necessity almost dormant for the moment, nor ought it there fore to be less an object to be strenuously resisted. Allow me, sir, here to express my sincere regret, that ) have not as yet been able to convince you, by what 1 can not but consider the strongest evidence, of the continued existence of the French Decrees, and consequently of the GO HISTORY OF THE WAR. unfriendly policy of your government in enforcing 1 the non importation against us, and opening the trade with our en emies. His royal bigness will, I am convinced, iearn with unfeigned sorrow, that such continues to be still the deter mination of America, and whatever restrictions on the com merce, enjoyed by America in his majesty s dominions, may ensue on the part of G. Britain, as retaliatory on the re* fusal by your government to admit the productions of G. Britain while they open their harbors to those of his majes ty s enemies, they will, I am persuaded, be adopted with sincere pain, and with pleasure relinquished whenever this country shall resume her neutral position and impartial at titude between the two belligerents. I have the honor to be, >kc. AUGUSTUS J. FOSTER. CHAPTER II. MESSAGE, To the Senate and House of Representatives of the U. States. I communicate to Congress copies of a correspondence between the Envoy Extraordinary and Minister Plenipo tentiary of G. Britain and the Secretary of State, relative to the aggression committed by a British ship of war on the U. States frigate Chesapeake, by which it will be seen that the subject of difference between the two countries, is ter minated by an offer of reparation which has been acceded to JAMES MADISON, Washington, November 13, 1811. Mr. Foster to Mr. Monroe. WASHINGTON, October 30, 1811. SIR I had already the honor to mention to you that I came to this country furnished with instructions from his royal highness the prince regent, in the name and on behalf of his majesty, for the purpose of proceeding to a final ad justment of the differences which have arisen between G. Britain and the U. States of America in the affair of the Chesapeake Frigate; and I had also that of acquainting you with the necessity under which I found myself of susper*- HISTORY OP THE WAR, 61 ding the executing- of those instructions in Consequence of my not having perceived that any steps whatever were ta ken by the American government to clear up the circum stance of an event which threatened so materially to inter rupt the harmony subsisting between our two countries, as that which occurred in the month of last May, between the U. States ship President and his majesty s ship Little Belt, when every evidence before his majesty s government seemed to shew that a most evident and wanton outrage had been committed on a British ship of war by an Ameri can Commodore. A Court of Enquiry, however, as you informed me in your letter of the llth inst. has since been held by order of the President of the U. States on the conduct of Commo dore Rodgers, and this preliminary to further discussion on the subject being all that I asked in the first instance as due to the friendship subsisting between the two States, I have now the honor to acquaint you that I am ready to proceed in the truest sp.nt of conciliation to lay before you the terms of reparation which his royal highess has commanded me to propose to the U. States government, and only wait to know when it will suit your convenience to enter upon the discussion. I have the honor to be, &c. AUG. J. FOSTER, Mr. Monroe to Mr. Foster. DEPARTMENT OF STATE, Oct. 31, 1811. SIR I have just had the honor to receive your letter of the 30th of this month. I am glad to find that the communication which I had the honor to make to you on the llth inst. relative to the Court of Enpuiry, which was the subject of it, is viewed by you in the favorable light which you have stated. Although I regret that the proposition which you now make in consequence of that comnumi cation, has been de layed to the present moment, I am ready to receive the terms of it whenever you may think proper to communicate them. Permit me to add, that the pleasure of finding them satisfactory, w ,ii be duly augmented, if they should be intro ductory to the removal of ALL the differences depending between our two countries, the hope of which is so ittle en- puraged by your past correspondence. A prospect of 62 HISTORY OF THE WAR, slice a result, will be embraced, on my part, with a spirit of conciliation, equal to that which has been expressed by you, 1 have the honor to be, &c, JAMES MONROE. Mr. Foster to Mr. Monroe. WASHINGTON, Nov. 1st, 1811. SIR In pursuance of the orders which I have received from his royal highness, the prince regent, in the name and on the behalf of his majesty, for the purpose of proceeding to a tinal adjustment of the differences which have arisen between G, Britain and the U. States, in the affair of the Chesapeake frigate, I have the honor to acquaint you First, that I am instructed to repeat to the American gov ernment the prompt disavowal made by his majesty, (and recited in Mr. Erskme s note of April 17, 1809, to Mr. Smith,) on being apprised of the unauthorized act of the officer in command of his naval forces on the coast of Ame rica, whose recall from an highly important and honorable command, immediately ensued, as a mark of his majesty s disapprobation. Secondly, that 1 am authorised to offer, in addition to that disavowal, on the part of his royal highness, the imme diate restoration, as far as circumstances will admit, of the men who in consequence of admiral Berkley s orders, were forcibly taken out of the Chesapeake, to the vessel from which they were taken ; or if that ship should be no longer in commission, to such sea-port of the U, States as the American government may name for the puspose. Thirdly, that I am also authorised to offer to the Ameri can government a suitable pecuniary provision for the suf ferers in consequence of the attack on the Chesapeake, in cluding the families of those seamen who unfortunately fell in action, and of the wounded survivors. These honorable propositions, 1 can assure you, sir, are made with the sincere desire that they may prove satisfac tory to the government of the U, States, and 1 trust they will meet with that amicable reception which their concilia tory nature entitles them to. I need scarcely add how 7 cor dially I join with you in the wish that they might prove in troductory to a removal of all the differences depending be- tween our two countries. I have the honor to be, &c. AUGUSTUS J. FOSTER, HISTORY OF THE WAR. 6.3 Mr. Monroe to Mr. Foster. WASHINGTON Nov. 12, 1811. SIR I have had the honor to receive your letter of the 1st November, and to lay it before the President. It is much to be regretted that the reparation due for such an aggression as that committed on the U. States Frigate, the Chesapeake, should have been so long delayed ; nor could the translation of the offending officer from one com mand to another, be regarded as constituting a part of a re paration otherwise satisfactory ; considering, however, the existing circumstances of the case, and the early and ami cable attention paid to it by his royal highness the prince regent, the President accedes to the proposition contained in your letter, and in so doing, your government will, I am persuaded, see a proof of the conciliatory disposition by which thePresident has been actuated. The officer commanding the Chesapeake, now lying in the harbor of Boston, will be instructed to receive the men who are to be restored to that ship. I have the honor to be, &c. JAMES MONROE. MESSAGE, To the Senate and House of Representatives of the U. States. I communicate to Congress a letter from the Envoy Ex traordinary and Minister Plenipotentiary of G. Britain, to the Secretary of State, with the answer of the latter. The continued evidence, afforded in this correspondence, of the hostile policy of the British government against our national rights, strengthens the considerations recommend ing and urging the preparation of adequate means for main taining them. JAMES MADISON. Washington, Jan. 16, 1812. Mr. Foster to Mr. Monroe. WASHINGTON, Dec. 17, 1811. SIR I did not mean to have written to you at this mo ment on the subject of our late correspondence, but that I have had the mortification to perceive statements, circulated from highly respectable sources, which give a view of the pretensions of G. Britain relative to the U. States not war- 64 HISTORY OF THE WAR. ranted by any of the letters which I had the honor to ad dress to you, and which, at a time when discussions are continuing 1 so important to the two countries, might, if left unrectified, produce an effect highly to be lamented by bolh the American and British governments, in as much as by creating unnecessary irritation, they might throw obsta-* cles in the way of a restoration of a friendly understanding between them. I find it asserted, in the statement referred to, that I have, in the name of my government, demanded that the U. States* government should pass a law for the introduc tion of British goods into the American ports, and also I hat the U. States should undertake to force France to receive into her harbors British manufactures. I beg permission, sir, to declare that neither of these de mands have been made by me, and that my meaning must not have been understood, if such was conceived to have been its import. I could not have demanded the passage of such a law as above stated, because my government does not pretend to interfere with the internal government of a friendly power, nor did I mean to demand that Ameri ca should force France to receive our manufactures. All I meant to say, was, that the admission of French commerce, while that of England has been excluded from the U. States ports, was regarded by G. Britain as highly unfriendly in America, and that a continuation of such policy would be retaliated upon by G. Britain with similar restrictions on her part, which was so fur merely an offering of like for like. But while the American non-importation act excludes British trade from the U. States 7 ports, it must he recollected that it goes still further and excludes also British armed ships from American ports, while it admits those of the enemies of G. Britain. * A neutral nation is responsible for the equality of its rules of conduct towards the belligerent powers ; (to use the words of an American Secretary of Stale in the year 1796,) and therefore that part of the law which establishes an inequality was justly an ob ject of more serious complaint on the part of G. Britain. You are aware, sir, of the advantage which his majesty s enemies have derived from this state of inequality, which en ables them, though possessing no port in this hemisphere, continually to prey on the trade of his majesty s subjects, recure of a refuge for their cruizers and their prizes. HISTORY OP THE WAR. &> The prohibition of entry to his majesty s ships under these circumstances might perhaps justify G. Britain in as serting, that whatever reason she may have tor repealing or modifying her Orders in Council, so as to lessen, or entirely remove the pressure now unavoidably laid on the trade of America, as a neutral nation, she might yet refuse to enter into any discussion on that subject with the 17. States, un til either by the revocation of the prohibition above stated, or the placing all the belligerents under the same prohibi tion, America should cease to violate the duties of a neutral nation. With respect, however, to the supposed demand that America should force the entry of British manufactures into France, it is most particularly necessary that I should explain myself, as a total misconception appears to have taken place upon this point. The question of retaliation on the French Decrees, is directly one between England and France. In consequence of the extraordinary block ade of England, we have in our dei ence been obliged to blockade France, and prohibit all trade in French articles, in return for the prohibition by France of all trade in English articles. This measure of retaliation, it is wished, should operate on France alone, but from the trade carried on with France by America, it unavoidabl y operates also on her ; it is a measure to destroy the French trade in return for the similar measure of France on which it is retaliatory, and its acting on neutrals is an incidental effect of it, conse^ quent upon the submission of neutrals to the original meas ures of the enemy against G. Britain. It is indeed melan choly that the unnatural situation of Europe should produce such a result, but I cannot see how this can be considered as war on American commerce* .when all other American trade but that which is carried on with our enemy s ports in defiance of a blockade authorized by the laws of retalia tion is unaffected by i.. We complain that America does not resist the regulations of the Berlin and Milan Decrees, and object to permitting the French to trade with her dur ing their continuance against the commerce of England ; but this is not exacting, as has been represented, that Ame rica should force British manufactures into France ; it is pursuing only a just course of retaliation on our enemy. If America wishes to trade with France, if French com- 9 66 mSTORY OF THE WAR, merce is of importance to her we expect she should exact of France to trade with her as she has a right to u< matid in her quality of neutral; but it she does not choose to exer cise this right, all we ask is, that she should abstain from lending her assistance to the trade of France, and not allow her commerce to be a medium of undermining the re^our- ces of G. Britain. I have thought it necessary Jbns to en/e v<,r to set ihese two points ill their true light: ihe repeal o! tN- ; r>\ w.is a:sk- ed, as being an unfriendly measure , ; artial m its operation agasnst G. Britain, and a prospect or retaliation was hetd out on its commercial operation, if continued. TJ--S s no demand on the IT. Slates to atimU British mamiiactuie*; they Jire a!^ liberty to continue that law, oriK as r ; of an U .Vieiuily nature, some restriction of a similar ki;ai v,:ts to be expected from England 5 an<! with respect to the a.kug- ed demand for forcing British goods, the property ot neu trals, into French ports, if the U.. States are wu-iug o ac- qn see in the regulations of the French Decrees unlawfully affecting England through them, they can not surely be sur prised if we consider ourselves as at liberty to refuse per mission to the French tc profit by that acquiescence. I will now, sir, take the opportunity of stating to you, that I have received Irorn his majesty s Secretary of Slate, the correspondence ot which you did me the honor ta trans mit to me a copy, in your letter dated Oct 17. My govern ment have not been able to see in it satisfactory proof of the repeal of the French Decrees, and doubt whether the trade carried on by licences -etween France and America, will not be regarded, even here, as proof of the continuation of them in their fullest extent, for if they were to any extent repealed, to- that extent at least no licence should be neces sary, a licence being given to allow what, but for that li cence, would be prohibited. The continued absence hitherto of any instrument by which the repeal has been effected, is a matter also of sur prise, for if there were any fair dealing in the transaction, no reason can be given by France for not producing it; it is very desirable that it should be produced, if such an in strument be in existence, in order that we may know to what extent the Decrees have been repealed, if they really have been so in a;iy respect. Mr. Russell however, doe? HISTORY OF THE WAR, 67 sot appear to have been in possession of it at thednte of his letter of last July. L is indeed become particularly inter esting, that we should see this instrument since the publi cation of Mr. Russell s convspondence with his own gov ernment, by wh.eh it appear* vlmt ivahy, and in fact, the French government iiid not release auy A-inericau ships taken after November -1, until they had become acquainted with the President s proclamation, and that vessels have been taken so late as J> eember ^1, in the direct voyage from this country to LondG ; for until ;t copy of such an in strument is produced, it is impossible to know whether any other trade is allowed b\ France than that between her own dominions and the porb ot the U. States. J have the honor to be, &;c. AUGUSTUS J. FOSTER Mr. Monroe to HJr. Foster. DEPARTMENT OF STATE, Jan. 14, 1812. -SIR I have had the honor to receive your letter of De cember 17th, and embrace the first moment that I could command, to make the observations which it suggests. It would have afforded great satisfaction to the President, to have found in the communication, some proof ot a dispo sition in the British government to put an end to the differ ences subsisting between our countries. I am sorry to be O J obliged to state, that it presents a new proof only of its de termination to adhere to the policy, to which they are hn- puable. You complain that the import of your former letters has been misunderstood in two, important circumstances; that you have been represented to have demanded of the U . States, a law tor the introduction of British goods into their ports, and that they should also undertake to force Franco to receive British manufactures into her harbors. You state that on the first point, it was your intention only to remonstrate against the non-importation act, as par tial in its operation, and unfriendly to G. Britain, on which account its repeal was .claimed* and to intimate that if it was persevered in, G. Britain would be compelled to retaliate on the commerce of the U. States, by similar restrictions on her part. A d on the second point, that you intended only io urge, that in consequence of the extraordinary blockade (58 HJSTOllY OF THE WAR. of England, your government had been obliged to blockade France, audio prohibit all trade in French Articles, in re turn lor the prohibition by France of all trade in English articles. It is sufficient to remark on the first point, that on whaU ever ground the repeal of the non-importation act is re quired, the United States are justified in adhering to it by the refusal of the British government to repeal its Orders in Council; and if a distinction is thus produced between G. Britain and the other belligerent, *it must he referred to the difference in the conduct of the two parties. On the second point, I have to observe, that the explana tion given cannot be satisfactory, because it does not meet the case now existing. France did, it is true, declare a blockade of England, against the trade of the U. Stales, and prohibit all trade in English articles on the high seas, but this blockade and prohibition no longer exist. It is true also, that a part of those Decrees, did prohibit a trade in English articles, within her territorial jurisdiction ; but this prohibition violates no national rights, or neutral com merce of the U. States. Still your blockade and prohibi tion are continued, in violation of the national and neutral rights of the U. States, on a pretext of retaliation, which, if even applicable, could only be applied to the former, and not to the latter interdicts : and it is required that France- shall change her internal regulations against English trade, before England will change htr external regulations against the trade of the U. States. But you still insist that the French Decrees are unrevok- ed, and urge in proof of it, a Jact drawn from Mr. Rus sell s correspondence, that some American vessels have been taken since the 1st of November, in their route to Eng land. It is a satisfactory answer to this remark, that it ap pears by the same correspondence, that every American vessel which had been taken in that trade, the seizure of which rested on the Berlin and Milan Decrees only, were, as soon as that fact was ascertained, delivered up to their owners. Might there not be other ground also, on \vliich seizures might be made ? G. Britain claims a right to sei/.c for other causes, and all nations admit it in the case of con traband of war. If by the law of nations, one belligerent has a right to seize neutral property in any case, the other HISTORY OF THE WAR. t9 belligerent has ihe same right. Nor ought I to overlook that the practice of counterfeiting American papers in England, which is well known to the continent, has by impairing 1 the faith due to American documents, done to the U. States essential injury. Against this practice the minister ot the U. States at London, sis will appear by reference to his letter to the Marquis Wellesley of the 3d of May, 1810, made a formal representation, in pursuance of instructions from his government, with an offer of every information possessed by him, which might contribute to detect and suppress it. It is painful to add that this communication was entirely disregarded. That G. Britain should com plain of acts in France, to which by her neglect, she was instrumental, and draw from them proof in support of her Orders in Council, ought certainly not to have been expected. You remark also, that the practice of the French gov ernment to grant licences to certain American vessels, en gaged in the trade between the U. States and France, is an additional proof that the French Decrees still operate in their fullest extent. On what principle this inference is drawn from that fact it is impossible for me to conceive. It was not the object of the Berlin and Milan Decrees to prohibit the trade between the U. States and France. They were meant to prohibit the trade of the U. States with G. Britain, which violated our neutral rights, and to pro hibit the trade of G. Britain with the continent, with which the U. States have nothing to do. If the object had been to prohibit the trade between the U. States and Frai.ce, G. Britain could never have found in them any pretext for complaint. And if the idea of retaliation, could in any re spect have been applicable, it would have been by prohi biting our trade with herself. To prohibit it with France, would not have been a retaliation, but a co-operation. If licencing by France the trade in certain instances, prove any thing, it proves nothing more than that the trade with France in other instances, is under restraint. It seems impossible to extract from it in any respect, that the Berlin and Milan Decrees are in force, so tar as they prohibit the trade between the U. States and England. I might here repeat the French practice of granting licences to trade between the U. States and France, may have been intended in part, at least as a security against the simulated papers ; the forging 70 HISTORY OF THJE WAR. of which was not suppressed in England. It is not to be infered from these remarks, that a trade by licence, is one with which the United States are satisfied. They have the strongest objections to it, but these are founded on other principles, than those suggested in your note. It is a cause of great surprise to the President, that your government has not seen in the correspondence of Mr. Rus sell, which 1 had the honor to communicate to you on the 17th of October last, and which has been lately transmitted to you by your government, sufficient proof of the repeal of the Berlin and Milan decrees, independent of the conclu sive evidence of the fact, which that correspondence affor- d< d ; it was not to be presumed from the intimation of the Marquis of Wellesley, that it was to be transmitted to you, to be taken into consideration in the depending discussions., that it was of a nature to have no weight in these discussions. t5 The demand which you now make of a view of the order given by the French government to its cruizers, in consequence of the repeal of the French Decrees, is a new proof of its indisposition to repeal the Orders in Council, The declaration of the French government was, as has been heretofore observed, a solemn and obligatory act, and as such entitled to the notice and respect of other govern ments. It was incumbent on G. Britain, therefore, in fulfil ment of her engagement, to have provided that her Orders in Council should not have effect, after the time fixed for the cessation of the French Decrees. A pretension in G, Britain to keep her Orders in force till she received satis faction of the practical compliance of France, is utterly in compatible with her pledge. A doubt, founded on any single act however unauthorised, committed by a French privateer, might on that principle, become a motive for delay and refusal. A suspicion that such acts would be committed might have the same effect; and in like manner her compliance might be withheld as long as the war continued. But let me here remark, that if there was room for a question, whether the French repeal did or did not take effect, at the date announced by France, and requir ed by the U. States, it cannot be asledged that the Decrees have not ceased to operate since the 2d of Febuary last, as heretofore observed. And as the actual cessation of the Decrees to violate our neutral rights, was the only essential HISTORY OF THE WAR. 71 act in the case, and has long been known to your govern ment, the Orders in Council, from the date of that know ledge, ought to have ceased, according to its own principles and pledges. But the question whether and when the repeal of the Berlin and Milan Decrees took effect in- relation to the neu tral commerce of the U. States, is superceded by the novel and extraordinary claim of G. Britain to a trade in British articles, with her enemy ;. for supposing the repeal to have taken place, in the fullest extent claimed by the U. States, it could, according to that claim, have no effect in remov ing the Orders in Council. On a full view of the conduct of the British government in these transactions, it is impossible to see in it any thing short of a spirit of determined hostility to the rights and interests of the U. States. It issued the Orders in Council, on a principle of retaliation on France, at a time when it admitted the French Decrees to be ineffectual ; it has sus tained those Orders in full force since, notwithstanding the pretext for them has been removed, and latterly it has ad ded a new condition or their repeal, to be performed by France, to which the U. States in their neutral character, have no claim,, and couid not demand, without departing from their neutrality, a condition which, in respect to the commerce of other nations with G. Britain, is repugnant to her own policy, and prohibited by her own laws, and which can never be enforced on any nation without a subversion of its sovreignty and independence. I have tiie honor to be, &c* JAMES MONROE. CHAPTER III. PRESIDENTS MANIFESTO. To the Senate and House of Representatives of the U. States, I communicate to Congress certaiir documents, being a eontinution of those heretofore laid before them, on the sub ject, of our affairs with G. Britain. Without going back beyond the renewal in 1803, of the war in which G. Britain is engaged, and omitting unrepaired 72 HISTORY OF THE WAR. wrong s of inferior magnitude, the conduct of her govern* ment presents a series of acts hostile to the U. States as an independant and neutral nation. British cruizers have been in the continued practice of violating- the American flag , on the great highway of na tions, and of seizing and carrying off persons sailing under it : not in the exercise of a belligerent right, founded on the law of nat.ons against an enemy, but of a municipal prero gative over British subjects. British jurisdiction is thus ex tended to neutral vessels in a situation where no laws can operate, but the law of nations and the laws of the country to which the vessels belong ; and a self-redress is assumed, \vhich, if British subjects were wrongfully detained and alone concerned, is that substitution of force for a resort to the responsible sovereign, which falls within the definition, of war. Could the seizure of British subjects, in such cases be regarded, as within the exercise of a belligerent right, the acknowledged laws of war, which forbid an article of captured property to be adjudged, without a regular inves tigation before a competent tribunal, would imperiously demand the fairest trial where the sacred rights of persons were at issue. In place of such a trial, these rights are sub jected to the will of every petty commander. The practice, hence, is so far from affecting British sub jects alone, that under the pretext of searching for these, thousands of American citizens, under the safe -guard of public law, and of their national flag, have been torn from their country, and from every thing dear to them : have been dragged on board shifts of war of u foreign nation, and exposed under the severities of their discipline, to be exiled to the most distant and deadly climes, to risk their lives in the battles of their oppressors, and to be the melancholy in struments of taking away those of their own brethren. Against this cry ing enormity, which G. Britain would be so prompt to avenge if committed against herself, the U. States have in vain exhausted remonstrances and expostu lations. And that no proof might be wanting oi their conciliatory dispositions, and no pretext left for the contin uance of the practice, the British government was formally assured of the readiness of the United States to enter into arrangements, such as could not be rejected, if the recovery of British subjects were the real and the sole object. The communication passed without effect/ HlStORY OF THE \VAR; 73 British cruizers have been in the practice also of violating the rights and the peace of our coasts. They hover over and harrass our entering- and departing 1 commerce. To the most insulting- pretensions they have added the most lawless proceedings in our very harbors ; and have wan tonly spilt American blood within the sanctuary of our ter ritorial jurisdiction. The principles and rules enforced by that nation, when a neutral nation, against armed vessels of belligerents, hovering near her coasts, and disturbing her commerce, are well known When called on nevertheless, by the U. States, to punish the greater offences committed by her own vessels, her government has bestowed on their commanders additional marks of honor and confidence. Under pretended blockades, without the presence of an adequate force, and sometimes without the practicability of applying one, our commerce has been plundered in every sea : the great staples of our country have been cut off from their legitimate markets ; and a destructive blow aimed at our agricultural and maritime interests. In aggravation of these predatory measures, they have been considered as in force from the dates of their notification ; a retrospective effect being thus added, as has been done in other important cases, to the unlawfulness of the course pursued. And to render the outrage the more signal, these mock blockades have been reiterated and enforced in the face of official communications from the British government, declaring as the true definition of a legal blockade, 4 that particular ports must be actually invested, and previous warning given to vessels bound to them, not to enter. Not content with these occasional expedients for laying waste our neutral trade, the cabinet of G. Britain resorted, at length, to the sweeping system of blockades, under the name of the Orders in Council, which has been moulded and managed, as might best suit its political views, its com mercial jealousies, or the avidity of British cruizers. To our remonstrances against the complicated and trans- cendant injustice of this innovation, the first reply was, that the Orders were reluctantly adopted by G. Britain as a ne cessary retaliation on Decrees of her enemy, proclaiming a general blockade of the British isles, at a time when the naval force of that enemy dared not to issue from his own ports. She was reminded, without effect, that her own 10 HISTORY OF THE WAR. prior blockade, unsupported by an adequate naval force actually applied and continued, were a bar to this plea r that executed Edicts against millions of our property could not be retaliation on Edicts confessedly impossible to be executed: that retaliation, to be just, "should tall on the party setting the guilty example, not on. an innocent party, which was not even chargeable with an acquiescence in it. When deprived of this flimsey veil for a prohibition of our tuade with her enemy, by the repeal of his prohibition of our trade with G. .Britain, her cabinet, instead of a cor responding repeal, or a practical discontinuance of its Or ders, formally avowed a determination to persist in then* against the U. States, until the markets of her enemy should be laid open to British products ; thus asserting an obliga tion on a neutral power to require one belligerent to en courage, by its internal regulations, the trade of another belligerent ; contradicting her own practice towards all nations in peace, as well as in war ; and betraying the in sincerity of those professions which inculcated a belief that, having resorted ta her Orders with regret, she was anxious to find an occasion for putting an end to them. Abandoning still more, all respect for the neutral rights of the U. States, and for its own consistency, the British government now demands as pre-requi sites to a repeal of its Orders, as they relate to the United States, that a for mality should be observed in the repeal of the French De crees nowise necessary to their termination, nor exemplified by British usage ; and that the French repeal, besides in cluding that portion of the Decrees which operates within a territorial jurisdiction, as well as that which operates on the high seas against the commerce of the U. States, should not bfc a single special repeal in relation to the U. States, but should be extended to whatever neutval nations uncon nected with them, that may be affected by those Decrees And as an additional insult ? they are called on for a formal disavowal of the condition and pretensions advanced by the French government, for which the U. States are so far from having made themselves responsible, that, in official ex planations, which have been published to the world, and in a correspondence of the American minister at London, with the British minister for foreign affairs, such a respon sibility \vas explicitly and emphatically disclaimed. HISTORY OF THE WAR. 75 It has become indeed sufficiently certain that the com merce of the U. States is to be sacrificed, not as interfering \vith the belligerent rights of G. Britain, not as supplying the wants of her enemies, whidi she herself supplies, but as interfering with the monopoly which she coverts for her own commerce and navigation. She carries on a Mar against the lawful commerce of a friend, that sire may the better carry on a commerce with an enemy, a commerce, polluted by the forgeries and perjuries which are for the most part the only passports by which it can succeed. Anxious to make every experiment short of the last resort of injured nations, the U. States have Withheld from G. Britain, under successive modifications, the benefits of a free intercourse with their market, the loss of which could not but outweigh the profits accruing from her restrictions of our commerce with other nations. And to entitle these experiments to the more favorable consideration, tiiev were so framed as to enable her to place her adversary under the exclusive operation of them. To these appeals, her government has been equally inflexible, as if willing to make sacrifices of every sort, rather than yield to the claims ef justice, or renounce the errors of a false pride. N *y, so tar were the attempts carried, to overcome the attach ment of the British cabinet to its unjust Edicts, that it re ceived every encouragement, within -the competency of the Executive branch of our government, to expect that a re peal of them would be followed by a war between the IT, States and France, unless the French Edicts should also be repealed. Even tins communication, although silencing for ever the plea of a disposition in the U. States to ac quiesce in those Edicts, originally the sole plea for them, received no attention. If no other proof existed of a predetermination of the British government against a repeal t>f its Orders, it might be found in the correspondence of the minister Plenipoten tiary of the IL States at London, and the British Secretary for Foreign Affairs in 1810, on the question whether the blockade of May, 1806, was considered as in force, or as not in force. It had been ascertained that the French gov ernment, which urged this blockade as the ground of its Berlin Decree, was willing, in the event of its removal, to repeal that Decree ; which being followed by alternate rar 76 HISTORY OF THE WAP* peals of the other offensive E.ticls, might abolish the whole system on both sides. This inviting opportunity for accom plishing an object so important to the U. States, and pro fessed so often to be the desire of both the belligerents, was made known to the British government As that govern ment admits that an actual application of an adequate force is necessary to the existence of a legal blockade ; and it was notorious, that if such a force had ever been applied, its long discontinuance had annulled the blockade in ques tion, there could be no sufficient objection on the part of G. Britain to a formal revocation of it ; and no imaginable ob jection to a declaration of the fact that the blockade did not exist. The declaration would have been consistent with her avowed principles of blockade, and would have enabled the U. States to demand from France the pledged repeal of her Decrees ; either with success, in which case the way would have been opened for a general repeal of the bel ligerent Edicts ; or without success, in which case the U. Stakes would have been justified in turning their measures exclusively against France. The British government would, however, neither rescind the blockade, nor declare its non- existence ; nor permit its non-existence to be interred anci affirmed by the American Plenipotentiary. On the con trary, by representing the blockade to be compreheiided in the Orders in Council, the U. States were compelled so to regard it in then- subsequent proceedings. There was a period when a favorable change in the policy of the British cabinet was justly considered as esta blished. The minister Plenipotentiary of his Britannic ma jesty here proposed an adjustment of the differences more immediately endangering the harmony of the two countries* The proposition was accepted with a promptitude and cor diality, corresponding* with the invariable professions of this government. A foundation appeared to be laid for a sin cere and lasting reconciliation. The prospect, however, quickly vanished. The whole proceeding was disavowed by the British government, without any explanation which could at that time repress the belief, that the disavowal pro ceeded from a spirit of hostility to the commercial rights and prosperity of the U. States. And it has since corns into proof, that at the very moment when the public minister holding the language of friendship, and inspiring HISTORY OP THE WAR. 77 Confidence in the sincerity of the negotiation with which he was charged, a secret agent of his government was em ployed in intrigues, having for their object a subversion of our government, and a dismemberment of our happy Union. In reviewing the jconduct of G. Britain towards the U. States, our attention is necessarily drawn to the warfare just renewed by the savages on one of our extensive frontiers ; a warfare, which is known to spare neither age nor sex, and to be distinguished by features peculiarly shocking ti> hu manity. It is difficult to account for the activity and com binations, which have for some time been developing them* Selves among the tribes, in constant intercourse with British traders and garrisons, without connecting their hostility with that influence ; and without recollecting the authenti cated examples of such interpositions, heretofore furnished by the officers and agents of that government. Such is the spectacle of injuries and indignities which have been heaped on our country ; and such the crisis which its unexampled forbearance and conciliatory efforts have not been able to avert. It might at least have been ex pected, that an enlightened nation, if less urged by moral obligations, or invited by friendly dispositions on the part of the U. States, would have found in its true interest alone, a sufficient motive to respect their rights, and their tranquility on the high seas ; that an enlarged policy would have favored that free and general circulation of commerce, in which the British nation is at all times interested, and which in times of war is the best alleviation of its calamities to herself, as well as toother belligerents : and more espe cially that the British cabinet would not, for the sake of a precarious and surreptitious intercourse with hostile mar kets, have persevered in a course of measures which neces sarily put at hazard the invaluable market of a great and growing country, disposed to cultivate the mutual advanta ges of an active commerce. Other Councils have prevailed. Our moderation and conciliation have had no other effect than to encourage per severance, and to enlarge pretensions. We behold our seafaring citizens still the daily victims of lawless violence, committed on the great common highway of nations, even within sight of the country which owes them protection. We behold our vessels freighted with the products of our soil TO HISTORY OF THE WAR. and industry, or returning 1 with the proceeds of them, wrest* <3dfrom their lawful destinations, confiscated by prize courts, no longer the organs of public law, but the instruments of arbitrary Edicts; and their unfortunate crews dispersed and lost, or forced or inveigled in British ports into British fleets ; whilst arguments are employed, in support of these aggressions,whieh have no foundation but in a prin ciple equally supporting a claim to regulate our external commerce in all cases whatsoever. We behold, in tine, on the side of G. Britain, a state of war against the U. States, and on the side of the U. States a stale of peace towards G. Britain. Whether the U. States shall continue passive under these progressive usurpations, and these accumulating 1 wrongs; or opposing force to force, in defence of their natural rights, shall commit a just cause into the hands of the Almighty disposer of events ; avoiding all connections which might entangle it in the contests or views of other powers, and preserving a constant readiness to concur in an honorable re-establishment of peace and friendship, is a solemn ques tion, which the constitution wisely confides to the legis lative Department of the government. In recommending it to their early deliberations, I am happy in the assurance Chat the deciston will be worthy the enlightened and patri otic Councils of a virtuous, a free, and a powerful nation. Having presented this view of the relations of the U. States with G. Britain and of the solemn alternative grow- jng out of them, I proceed to remark that the communica tions last made to Congress, on the subject of our relations with France, will have shown that since the revocation of lier Decrees as they violated the neutral rights of the U. States, tier government has authorised illegal captures, by *ts privateers and public ships, and that other outrages have been practised on our vessels and citizens. It will have been seen also, that no indemnity had been provided, or sat isfactorily pledged, for the extensive spoliations committed under the violent and retrospective orders of the French government against the property of our citizens seized with in the jurisdiction of France. I abstain at this time from recommending to the consideration of Congress definitive measures with respect to that nation, in the expectation, that the result of unclosed discussions between our Minister HISTOHY OF THE WAR. 7$ Plenipotentiary at Paris and the French government will speedily enable Congress to decide, with greater advantage, on the course due to the rights, the interests, and the honor of our country. JAMES MADISON. Washington* June 1, 1812. The Committee on Foreign Relations to whom was referred the Message of the President of the U. Slates of the 1st of June, 1812, REPORT That after the experience which the U. States have had of the great injustice of the British government towards them, exemplified by so many acts of violence and oppres sion, it will be more difficult to justify to the impartial world their patient forbearance, than the measure to which it has become necessary to resort, to avenge the wrongs, and vindicate the rights and honor of the nation. Your committee are happy to observe on a dispassionate reveiw of the conduct of the U. States, that they see in it no cause for censure. If a long forbearance under injuries ought ever to be considered a virtue in any nation, it is one which peculiarly becomes the U. States. No people ever had stonger mo tives to cherish peace none have ever cherished it witb greater sincerity and zeal- But the period has now arrived, when the TJ. States rrrus^ support their character and station among the nations o the earth, or submit to the most shameful degradation. Forbearance has ceased to be a virtue. War on the one side, and peace on the other, is a situation as ruinous as it- is disgraceful. The mad ambition, the lust of power, and commercial avarice of G Britain, arrogating to herself the* complete dominion of the ocean, and exercising over it ar* unbounded and lawless tyranny, have left to neutral nations an alternative only, between the base surrender of their rights, and a manly vindication of them. Happily for the U. States, their destiny, under the aid of heaven, is in their \vn hands. The crisis is formidable only by theii love of peace. As soon as it becomes a duty to relinquish thai situation, danger disappears. They have suffered no wrongs, they have received no insults, however great, for **hich thev cannot obtain redress, 80 HISTORY OF THE WAR. More than seven years have elapsed, since the com mencement of this system of hostile aggression by the Bri tish government, on the rights and interests of the U, States. The manner of its commencement was not less hostile, than the spirit with which it has been prosecuted. The U. States have invariably done everything 1 in their power to preserve the relations of friendship with G. Britain. Of this dis position they gave a distinguished proof, at the moment when they were made the victims of an opposite policy. The wrongs of the last war had not been forgotten at the commencement of the present one. They warned us of dangers, against which it was sought to provide. As early as the year 1804, the minister of the U. States at London was instructed, to invite the British government to enter into a negociation on all the points on which a collision might arise between the two countries, in the course of the war, and to propose to it an arrangement of their claims on fair and reasonable conditions. The invitation was accepted. A negociation had commenced and was depending, and nothing had occurred to excite a doubt that it would not terminate to the satisfaction of both the parties. It was at this time, and under these circumstances, that an attack was made, by surprise, on an important branch of the American commerce, which affected every part of the U. States, and involved many of their citizens in ruin. The commerce on which this attack was so unexpectedly made, was between theU. States and the colonies of France, Spain, and other enemies of G. Britain. A commerce just in itself sanctioned by the example of G. Britain in regard to the trade with her own colonies sanctioned by a solemn act between the two governments in the last war ; and sanc tioned by the practice of the British government in the present war, more than two years having then elapsed, with out any interference with it. The injustice of this attack could only be equalled by the absurdity of the pretext alledged for it. It was pretended by the British government, that in case of war, her enemy had no right to modify its colonial regulations, so as to mitigate the calamities of war to the inhabitants of itscolo^ nies. This pretension, peculiar to G. Britain, is utterly in compatible with the right of sovereignty, in every independ ent state. If we recur to the well established and HISTORY OF THE WAR. 8i sally admitted law of nations, we shall find no sanction to it, in that venerable code. The sovereignty of every state Is co-extensive with its dominions, and cannot be abrogated, or curtailed in its rights, as to any part, except by conquest. Neutral nations have a right to trade to every port of either belligerent, which is not legally blockaded and in all ar ticles which are not contraband of war. Such is the ab surdity of this pretension, that your committee are aware, especially after the able manner in which it has been here tofore refuted, and exposed, that they would offer an insult to the understanding of the House, if they enlarged on it, and if arvy thing could add to the high sense of the injustice of the British government in the transaction, it would be the contrast which her conduct exhibits in regard to this trade, and in regard to a similar trade by neutrals with her own colonies. It is known to the world, that G. Britain regu lates her own trade, in war and in peace, at home and in her colonies, as she finds for her interest that in war she relaxes the restraints of her colonial system in favor of the colonies, and that it never was suggested that she had not a right to do it or that a neutral in taking advantage of the relaxation violated a belligerent right of her enemy But with G. Britain every thing is lawful. It is only in a trade with her enemies that the U. States can do wrong. With them all trade is unlawful. In the year 1798, an attack was made by the British go vernment on the same branch of our neutral trade, which had nearly involved the two countries in war. That differ ence, however, was amicably accommodated. The pre tension was withdrawn, and reparation made to the U. States, for the losses which they had suffered by it. It was fair to infer from that arrangement, that the commerce was deemed by the British government lawful, and that it would not be again disturbed. Had the British government been resolved to contest this trade with neutrals, it was due to the character of the British nation that the decision should be made known to the go vernment of the U. States, The existence of a negotiation which had been invited by our government, for the purpose of preventing differences by an amicable arrangement of their respective pretensions, gave a strong claim to the no- ^ficafion, while it afforded the faire.st opportunity for it 11 S2 fflST^ RY OF T HE WAR .- But a very different policy animated the then cabinet of England. The liberal confidence and Iriendly overtures of the U. States, were taken advantage of to ensnare them. Steady to its purpose, and inflexibly hostile to this country, the British government calmly looked forward to the mo ment, when it might give the most deadly wound to our in terests. A trade, just in itself, which was secured by so many strong and sacred pledges* was considered safe. Our citizens with their usual industry and enterprise had embarked in it a vast proportion of their shipping, and of their capital, which were at sea, under no other protection than the law of nations, and the confidence which they re posed in the justice and friendship of the British nation e At this period the unexpected blow was given. Many of our vessels were seized, carried into port, and condemned by a tribunal, which, while it professes to respect the law of nations, obeys the mandates of its own government. Hun dreds -of other vessels were driven from the ocean, and trade itself in a great measure suppressed. The effect produced by this attack on the lawful commerce of the U. States, was such, as might have been expected from a virtuous, inde pendent, and highly injured people. But one sentiment pervaded the whole American nation. No local interests "were regarded no sordid motives felt. Without looking to the parts which suffered most, the invasion of our rights "was considered a common cause, and from one extremity of our Union to the other, was heard, the voice of an united people, calling on their government to avenge their wrongs, and vindicate the rights and honor of the country. From this period the British government has gone on in a continued encroachment on the rights and interest of the U. States, disregarding in its course, in many instances, obligations which have heretofore been held sacred by civilized nations. In May, 1806, the whole coast of the continent, from the Elbe to Brest, inclusive, was declared to be in a state o blockade. By this act, the well established principles of the law of nations, principles which have served for ages as guides, and fixed the boundary between the rights of bel ligerents and neutrals, were violated ; by the law of nations, as recognized by G. Britain herself, no blockade is lawful,- unless it be sustained by the application of an adequate HISTORY OF THE WAR. 83 cforce, and that an adequate force was applied to this block ade, in its full extent, ought noi to be pretended. Whether G. Britain was able to maintain, legally, so extensive a blockade, considering the war in which she is engaged, requiring- such .extensive naval operations, is a -question which is not necessary at this time to examine. It i* suffi cient to be known, that such force was not applied, and this is evident from the terms of the blockade itself, by which, comparatively, an inconsiderable portion of the coast only was declared to be in a state of strict and rigorous blockade. The objection to the measure is not diminished by that circumstance. If the force was not applied, the blockade was unlawful, from whatever cause the failure might proceed. The belligerent who institutes the block ade, cannot absolve itself from the obligation to appl\ the force under any pretext whatever. iFor a belligerent to relax a blockade, which it. could not maintain, it would be a refinement in injustice, not less insulting to the under standing, than repugnant to the law of nations. To claim merit for the mitigation of an evil, which the party either had not the power, or found it inconvenient to indict, would be a new^mode of encroaching on neutral rights. Your committee think it just to remark, that this act of the Bri tish government does not appear to have been adopted in the sense in which it has been since construed. On con sideration of all the circumstances attending the measure^ and particularly the character of the distinguished states man who announced it, we are persuaded that it was con ceived in a spirit of conciliation, and intended to lead to an accommodation of all differences between the U. States and G. Britain. His death disappointed that hope, and the act has since become subservient to other purposes. It has been made by his successors, a pretext for that vast system ,of usurpation, which has so long oppressed and harrassed our commerce. The next act of the British government which claims our attention is the Orders in Council of Jan. 7, 1807, by which neutral powers are prohibited trading from one port to anoth er of France or her allies, or any other country with which :G. Britain might not freely trade. By this order the pre tension of England, heretofore claimed by every other pow er, to prohibit neutrals disposing of parts of their cargoes at 84 HISTORY OF THE AVAR. different ports of the same enemy, is revived and with vast accumulation of injury. Every enemy, however great the tmmber or distance from each other, is considered one, and the like trade even with powers at peace with England who, from motives of policy had excluded or restrained her com merce, was also prohibited. In this act the British go vernment evidently disclaimed all regard for neutral rights. Aware that the measures authorised by it could find nQ pretext in any belligerent right, none was urged. To pro hibit the sale of our produce, consisting of innocent articles at any port of a belligerent, not blockaded, to consider every belligerent as one, and subject neutrals to the samp restraint with all, as if there was but one, were held en croachments. But to restrain or in any manner interfere \vitKour commerce with neutral nations with whom G. Bri tain was at peace, and against whom she had no justifiable cause of war, for the sole reason, that they restrained or ex cluded from their ports her commerce, was utterly incom patible with the pacific relations subsisting between the two countries. We proceed to bring into view the British Order in Council of November llth, 1807, which stiperceded every other order, and consummated that system ot hostility on the commerce of the U. States which has been since so steadily pursued. By Ihis Order, all France and her allies and every other country at war with G. Britain, or with which she was not at war, from which the British Hag was excluded, and all the colonies of her enemies were subjected to the same restrictions as if they were actually blockaded in the most strict and rigorous manner ; and all trade in articles the produce and manufacture of the said countries and colonies, and the vessels engaged in it were subjected to capture and condemnation as lawful prize. To this order certain ex ceptions were made which we forbear to notice because they were not adopted from a regard to neutral rights, but were dictated by policy to promote the commerce of Eng land, and so far as they related to neutral powers, were said to emanate from the clemency of the British govern ment. It would be superfluous in your committee to state, that by this order the British government declared direct and positive war against the LJ. States, The dominion of HISTORY OF THE WAR. 85 ocean was completely usurped by it, all commerce forbid- en, and every flag driven from it, or subjected to capture and condemnation, which did not subserve the policy of the British government by paying it a tribute and sailing under its sanction. From this period the U. States have incurred the heaviest losses, and most mortifying humilia tions. They have born the calamities of war without i> tort- ing them on its authors. So far your committee has presented to the view of the House the aggressions which have been committed under the authority of the British government on the commerce f the U. States. We will now proceed to other wrongs which have been still more severely felt. Among these, is the impressment of our seamen, a practice which has been unceasingly maintained by G. Britain in the wars to which she has been a party since our revolution. Your committee cannot convey in adequate terms the deep sense which they entertain of the injustice and oppression of this pro ceeding. Under the pretext of impressing British seamen, our fellow citizens are seized in British ports, on the high seas, and in every other quarter to which the British power extends, are taken on board British men of war, and com pelled to serve there as British subjects. In this mode our citizens are wantonly snatched from their country and their families, deprived of their liberty, and doomed to an igno minious and slavish bondage, compelled to fight the battles of a foreign country, and often to perish in them. Our flag has given them no protection ; it has been unceasingly vio lated, and our vessels exposed to danger by the loss of men taken from them. Your committee need not remark that while the practice is continued, it is impossible for the U. States to consider themselves an independent nation. Every new case is a new proof of their degradation. Its continuance is the more unjustifiable, because the U. States have repeatedly proposed to the British government an ar rangement which would secure to it the control of its own people. An exemption of the citizens of the U. States from this degrading oppression, and their flag from viola tion, is all that they have sought. This lawless waste of our trade, and equally unlawful im pressment of our seamen, have been much aggravated b\ the insults and indignities attending them. Under the pre^ 86 HISTORY OF THE WAR. text of blockading 1 the harbors of France and her allies^ Bn-ish squadrons have been stationed on our own coast, to watch and annoy our own trade. To give effect to the blockade of European ports, the ports and harbors of the TJ. States have been blockaded. In executing 1 these orders of the British government, or in obeying the spirit which was known to animate it, the commanders of these squad rons have encroached on our jurisdiction, seized our ves sels, and carried into effect impressments within our limits, and done other acts of great injustice, violence, and oppres sion. Ttie U. States have seen, with mingled indignation., and surprise, that these acts, instead of procuring to the perpetrators the punishment due to unauthorised crimes, have not failed to recommend them to the favor of their government. Whether the British government has contributed by ac tive measures to excite against us the hostility of the savage tribes on our frontiers, your committee are not disposed to occupy much time in investigating. Certain indications of general notoriety may supply the place of authentic do cuments; though these have not been wanting to establish the fact in some instances. It is known that symptoms of British hostility towards the U. States, have never failed to produce corresponding symptoms among those tribes. It is also well known, that on all such occasions, abundant sup plies of the ordinary munitions of war have been afforded by the agents of British commercial companies, and even from British garrisons, wherewith they were enabled to commence that system of savage warfare on our frontiers., which has been at all times indiscriminate in its effect on all ages, sexes, and conditions, and so revolting to humanity. Your committee would be much gratified if they could close here the detail of British wrongs but it is their duty to recite another act of still greater malignity, than any of those which have been already brought to your view. The attempt to dismember our Union, and overthrow our excel lent Constitution, by a secret mission, the object of which was to foment discontent and excite insurrection against the constituted authorities and laws of the nation, as lately dis closed by the agent employed in it, affords full proof that rtiere is no bound to the hostility of the British government HISTORY OF THE WAR. 87 towards the United States no act, however unjustifiable, which it would not commit, to accomplish their ruin. This attempt excites the greater horror from the consideration that it was made while the U. States and G. Britain were at peace, and an amicable negoeiation was depending between them for the accommodation of their differences, through public ministers, regularly authorised for the purpose. The U. States have beheld, with unexampled forbear ance, this continued series of hostile encroachments on their rights and interests, in the hope, that, yielding to the force of friendly remonstrances, often repeated, the British go vernment might adopt a more just policy towards them ; but that hope no longer exists. They have also weighed impartially the reasons which have been urged by the Bri tish government in vindication of these encroachments, and found in them neither justification or apology. The British government has alledsred in vindication of 5 ^ the Orders in Council, that they were resorted to as a reta liation on France, tor similar aggressions committed by her on our neutral trade with the British dominions. But how has this plea been supported ? The dates of British and French aggressions are well known to the world. Their origin and progress have been marked with too wide and destructive a waste of the property of our fellow citi zens to have been forgotten. Tiie Berlin Decree, of Nov, 21, 1806, was the first aggression of France, in the present war. Eighteen months had then elapsed, after the attack made by G. Britain on our neutral trade with the colonies of France and her allies, and six months from the date of the proclamation of May, 1806. Even on Jan, 7, 1807, the date of the first British Order in Council, so short a term had elapsed, after the Berlin Decree, that it was hardly pos sible that the intelligence of it should have reached the U, States. A retaliation, which is to produce its effect, by operating 1 on a neutral power, ought not to be resorted to. till the neutral had justified it by a culpable acquiescence in the unlawful act ot the other belligerent. It ought to be delayed until after sufficient time had been allowed to the neutral to remonstrate against the measure complained of, to receive an answer, and act on it, which had not been done in the present instance ; and when the Order of Nov. 1 1, was-issued, it is well known that a minister of France had 88 HISTORY OF THK AVAR, declared to the minister plenipotentiary of the U. States iif Paris, that it was not intended that the Decree of Berlin should apply to the U. States. It is equally well known that no American vessel had then been condemned under it, or seizure been made, with which the British government was acquainted. The facts prove incontestibly, that the meas ures of France, however unjustifiable in themselves, were nothing more than a pretext for those of England, And of the insufficiency of that pretext, ample proof has already been afforded by the British government itself, and in the most impressive form. Although it was declared that the Orders in Council were retaliatory on France for her De crees, it was also declared, and in the Orders themselves, that owing to the superiority of the British navy, by which the fleets of France and her allies were confined within their own ports, the French Decrees were considered only as empty threats. It is no justification of the wrongs of one power, that the like were committed by another ; nor ought the fact, if true, to have been urged by either, as it could afford no proof of its love of justice, of its magnanimity, or even of its courage.. It is more worthy the government of a great nation, to re lieve than to assail the injured. Nor can a repetition of the wrongs by another power, repair the violated rights, or wounded honor, of the injured party. An utter inability alone to resist, would justify a quiet surrender of our rights, and degrading submission to the will of others. ^ O To that condition the United States are not reduced ; nor do they fear it. That they ever consented to dis cuss with either, the misconduct of the other, is a proof of their love of peace, of their moderation, and of the hope which they still indulged, that friendly appeals !o just and generous sentiments, would not be made to them in vain. But the motive was mistaken, if their forbearance was imputed, either to the want of a just sensibility to their wrongs, or of a determination, if suitable redress was noi obtained, to resent them. The time has now arrived when this system of reasoning must cease. It would be insulting to repeat it. It would be degrading to hear it. The U. States must act as an independent nation, and assert their rights, and avenge their wrongs, according to their own estimate of them, with the party who commits them, hold HISTORY OF THE WAR. 89 ing it responsible for its own misdeeds, unmitigated by those of another. For the difference made between G. Britain and France, by the application of the noii-importation act against Eng land only, the motive has been already too often explained, and is too well known to require further illustration. In the commercial restrictions to which the U. States resorted as an evidence of their sensibility, and a mild retaliation of their wrongs, they invariably placed both powers on the same footing, holding to each in respect to itself, the same- accommodation, in case it accepted the condition offered ; and in respect to the other, the same restraint, if it refused, Had the British government confirmed the arrangement which was entered into with the British minister in 1800, and France maintained her Decrees, with France would the U. States have had to resist, with the firmness belong ing to their character, the continued violation of their rights. The committee do not hesitate to declare, that France has greatly injured the U. States, and that satisfactory repara tion has not been made for many of those injuries. But, that is a concern which the U. States will look to and set tle for themselves. The high character of the American O people, is a sufficient pledge to the world, that they will not fail to settle it, on conditions which they have a right to claim. More recently* the titie policy of the British government towards the U. States has been completely unfolded. It has been publicly declared by those in power, that the Or ders in Council should not be repealed, until the French government had revoked all its internal restraints on the British commerce, and that the trade of the U. States, with France and her allies, should be prohibited until G. Britain was also allowed to trade with them. By this declaration, it appears, that to satisfy the pretensions of the British go vernment, the U. States must join G. Britain in the war with France, and prosecute the war, until France should be subuued, for without her subjugation, it were in vain to presume on such a concession. The hostility of the Bri tish government has been -still further disclosed. It has been made manifest that the U. Slates are considered by it as the commercial rival of G. Britain, and that their pros perity and growth are incompatible witii their welfare. 90 HISTORY OF THE WAR. When all these circumstances are taken into consideration, it is impossible for your committee to doubt the motives winch have g verned the British ministry in all its meas ures towards the U. States since the year 1805. Equally is it impossible to doubt, longer, the course which the IL States ought to pursue towards G. Britain. From this view of the multiplied wrongs of the British government since the commencement of the present war, it must be evident to the impartial world, that the contest which is now forced o s the U. States, is radcally a con test for their -sovereignty and indepe-.dence. Vonr com mittee will not enlarge on any of tiie injuries, however great, which have had a transitory effect. They wish to call the at e :tion of the House to those of a permanent nature only, winch intrench so deeply on our most important rights, and Woiii d so extensively and vitally our best interests, as could not fail to deprive the U. Staies of the j-rnicipal advantages of their revolution, if submitted to. The control ot our commerce b\ G. Britain, in regulating it at pleasure, and almost expelling it from the ocean ; the oppressive man ner in which these regulations have been carried into effect, by seizing and confiscating such of our vessels with their cargoes, as were said to have violated her edicts, often with out previous warning of their danger; the impressment of our citizens from on board our own vessels, on the high seas, a. d el sew ere, and holding them in bondage until it suit-d the convenience ot their oppressors to deliver them up, are encroachments of that high and dangerous tenden cy which could not fail to produce that pernicious effect, nor would tho>e be the only consequences that would result from it. Tne British government might tor a while, be satisfied with the ascendency thus gained over us, but its prettns-ons would soon increase. The proof which so complete and disgraceful a submission to its authority, would afford of our degeneracy, could not fail to inspire confidence, that there was no limit to which its usurpations, and our degradations might not be carried. Your committee, believing that the freeborn sons of America are worthy to enjoy the liberty which their fa thers purchased at the price of so much blood and treasure, and seeing, in the measures adopted by G. Britain, a course commenced and persisted in, which nii-ht lead to a loss of national character and independence, ieel no hesitation in HISTORY OF THE WAR. 01 advising resistance b\ force, in which the Americans of the pivseut day will prove to the enemy aiui the wo u aiat we have not only inherited that liberty which our farthers gave us, but also the wilJ and power to maintain it. Helving on the patriotism of the nation, and confidently trusting that the Lord of Hosts will go with us to battle in a right eous cause, and crown our efforts with success your com mittee recommend an appeal to ARMS. Soon after the above Report was read, Mr Calho -n, one of the Committee of Foreign Relations, on leave being given, presented the following Bill, declaring war between Great-Britain and her dependencies, a.id the United Spates and their territories ; which, after several day s debate, pas sed the Senate and House of Representatives, and was ap proved by the Pres.de .t, on the 18th day of June. AN ACT, Declaring War between the Lnited Kingdom of Great- Bri tain and Ireland, and the dependencies thereof, and the United States of America, and their Territories. BE IT ENACTED by the Senate and House of Repre sentatives ot the United States of America, in Congress assembled, That WAR be, and the same is hereby declar ed to exist, between the United Kingdom ol Great-Britain and Ireland and the dependencies thereof, and the United States of America and their Territories : and that the Pi 1 :- sident of the United States be, and he is hereby authorised to use the whole land and naval force of the United States, to carry the same into effect, and to issue to private armed vessels of the United States, commissions, or letters of marque and general reprisal, in such form as he shall think proper, and under the Seal of the United States, against the vessels, goods, and effects of the government of the same United Kingdom of Great-Britain and Ireland, and the sub jects thereof. Approved. JAMES MADISON June 18, 1812. leas and Nays on the above Bill, IN THE SENATE. Yeas 19. -Nays 13. IN THE HOUSE OF REPRESENTATIVES. New-Hampshire Yeas, Dinsmore, Hall, and Harper, 3 Nays, Bartlett and Sullivan, 2. 02 IIISTOTIY OP THE WAR. Massachusetts Yeas, Sea ver, Carr, Green, Richardson* Turner, and Widgery, 6 Nays, Q,uincy, Reed, Taggart, Ely, Bngham. White, Tallman, and Wheaton, 8. Rhode-Island None Nays, Potter and Jackson, 2. Vermont Yeas, Fisk, Shaw, and Strong, 3 Nays, Chittenden, 1. Connecticut None Nays, Sturges, Davenport, Mosc- ley, Champion, Tallitiadgej Pitkin, and Law, 7. New-York Yeas, Pond, A very, and Sage, 3 Nays, Bleecker,Emott, Cooke, Fitch, Gold, Sammons, Stow, Tra cy, VanCortlandt, Mitehill, and Metcalf, 11. fterv-Jersey Yeas, Condit, and Morgan, 2 Nays, Boyd, Huffy, Maxwell, andNewbold, 4. Pennsylvania Yeas, Seybert, Anderson, Brown, Ro berts, Findley, Smdie, Lyle, Whitehill, Bard, Davis, Le- fevre, Hyneman, Piper, Lacock, Crawford, and Smith? 10 Nays, Miluor, and Rodman, 2. Delaware N o n e N ay s, Ri cl gely , 1 . Maryland Yeas, Kent, Little, M Khn, Ringgold, Brown, and Archer, 6 Nays, Key, Goldsborongh, and Staart, 3. Virgin a Yeas, Nelson, Gholspn, Goodwyn, Newton, Taliaferro, Dawson, Bassett, Smith, Hawes, Roane, M Koy, Pleasants, Clopton, and Burwell, 14 Nays, Ran dolph, Lewis, Baker, Breckenridge, and Wilson, 5. Aorth- Carolina Yeas, Alston, Blackledge, Macon, King, Corhran, and Pickens, 6 Nays, Pearson, M Bryde, and Stanford, 3 South-Carolina Yeas, Williams, Cheves, Lowndes, Butier, Caihour M Earle, Winn,and Moore, 8 Nays, None. Georgia Yeas, Troup, B;bb, and Hall, 3 Nays, None. jfrentotckyYea.*, Johnson, Desha, New, M Kee, and Ormsby, 5 Nays, None. i enne.isee Yeas, Rhea, Grundy, and Sevier, 3 Nays, Noe. Ohio, Yi-as Morrow, 1 Nays, None. Yeas, 98 Nays 62 Majority 36. Tlie Declaration of W r ar, was announced the day aftei its passage, by the President s Proclamation, of which the following is a copy : HISTORY OF THE WAR. BY Tm: PRESIDENT OF THE UNITED STATES OP AMERICA. A PROCLAMATION. WHEREAS the Congress of the U. States, by virtue >>t the constituted authority vested in them, have declared bv their act, bearing date the eighteenth day of the present month, that WAR exists between the United Kingdom of G. Britain and Ireland, and the dependencies thereof, and the U. States of America, and their Territories : Now, therefore, I, JAMES MADISON, President of rhe U. States of America, do hereby proclaim the same to all whom it may concern ; and I do specially enjoin on all per sons holding offices, civil or military, under the authority of the United States, that they be vigilant and zealous in discharging the duties respectively incident thereto : and I do moreover exhort all the good people of the United States, as they love their country ; as they value the pre cious heritage derived from the virtue and valor ot their fathers ; as they feel the wrongs which have forced on them the last resort of injured nations; and as they consult the best means, under the blessing of Divine Providence, of abridging its calamities ; that they exert themselves in, preserving order, in promoting concord, in maintaining* the authority and efficacy of the laws, and in supporting and invigorating all the measures which may be adopted by the constituted authorities, for obtaining a speedy, a just, and an honorable peace. IN TESTIMONY WHEREOF I have hereunto set my hand, and caused the seal of the United States to be affixed to these presents. (SEAL) DONE at the City of Washington, the nineteenth day of June, one thousand eight hundred and twelve, and of the Independence of the United States the thirty sixth. (Signed; JAMES MADISON. By the President, (Signed) JAMES MONROE, Secretary of Stale. 94 HISTORY OF THE WAR. CHAPTER IV. THE FIRST PRISONER, Was taken in Norfok, Virginia. A gentleman, by ihe name of Wilkinson, arrived in that place about ihe first of June, and put up at the British Consul s. The citizens susptcted him to be a British officer, and accord ingly kept an sye upon him. On the receipt of the De claration of War, Wilkinson, as the mail boat was about to depart, was seen to make a precipitate retreat through the buck street, which led from the Consul s to the wharf, where the boat lay, when he sprang on board, darted into the cabin, and in a few seconds was under way. It was known that a man of war was hovering on the coast, and his intention was to communicate the declaration of war to her. Boats, from the navy yard and fort Nelson, were immediately dispatched, which succeeded in taking Wil kinson. He proved to be a captain in the Royal Marines. THE FIRST PRIZE. Was the schooner Patriot, J. A. Brown, Master, from Guadaloupe, bound to Halifax, with a valuable cargo of sugar, taken by the revenue cutter Jefferson, Wm. Ham, Master, and arrived at Norfolk, June 26. MESSAGE, To the Senate and House of Representatives of the United States. I transmit, for the information of Congress, copies of letters which have passed between the Secretary of State, and the Envoy Extraordinary and minister Plenipotentiary ot Great-Britain. JAMES MADISON. June 15, 1812. Mr. Foster to Mr. Monroe. WASHINGTON, June 10, 1812. SIR It has b^en extremely satisfactory to me, to find by your letter dated June 6th, which I had the honor to re ceive yesterday morning, that it was not the wish of I he American government to close all further discussion rela tive to the important questions at issue, between the two HISTORY OF THE WAR. 95 countries. I beg you to be assured, sir, that it never was my intention, in alluding to my letters which had remain ed without answer at your office, to use any expressions which could, in the most remote manner, contain any thing personal. I shall ever be ready with pleasure to bear tes timony to that frankness, candor, and good temper, which so eminently distinguish you, and have been acknowledged to belong to you, by all who have ever had the honor to discuss with you any question of public interest. But, sir, although you were not backward in entering in to full explanations with me verbally, I could not but feel, particularly as I had just had communications to make to you of the greatest importance, that I had a right to expect from you a written reply to them ; and while I remember ed that two of my former notes were still unanswered, the one written three months ago, containing among other im portant topics, a particular question which I was expressly instructed to put to you, as to whether you could point to any public act, on the part af the French government, by which they had really revoked their Decrees, and the other furnishing strong evidence of the continued existence of those very Decrees ; also, when I perceived that my note, communicating the duke of Bassano s report, which you k.ew was to be sent to you on the 1st inst. was not waited for, but that a message was transmitted by the Executive to Congress, which it seems contained a reference to an insu lated passage in the despatch on which my note was found ed, that if taken unconnected with what preceded or fol lowed, it might be liable to misconstruction, I could not avoid apprehending that no means of further explanation might be left open to me. 1 beg you to be assured sir, that if I was embarrassed by your demands of an explanation as to what appeared to yoa to be a difference between lord Castlerengh s despatch, com municated to you, and my note, it arose from the novelty or the demand, that seemed to involve an informality of proceeding, in which I could not feel myself justified in acquiescing. Had you, in making a reply to my commu nication, asked me how far a repeal of the French Decrees was demanded by my government, and as to whether a spe cial repeal, as far as respected America, would be sufficient, I should have had no hesitation in giving you every satis- faction. HISTORY Oir Till: WAU You note of the Oth instant has, by shewing that the dotir was not absolutely shut to a continuance of our discussion,, relieved me from further difficulty on this point. I have no hesitation, sir, in saying that Great-Britain, as the case has hitherto stood, never did, nor never conid en gage, without the grossest injustice to herseH and her allies, as well as to other neutral nations, to repeal her Or ders as affecting America alone, leaving them in force against other states, upon condition that France would ex cept, singly and specially. America, from the operation of. her Decrees. You will recollect, sir, that the Orders in Council are measures of defence, directed against the sys tem contained in those Decrees; that it is a war of trade which is carried on by France ; that what you call tl^e municipal regulations of France, have never been called municipal by France herself, but are her main engines in that novel and monstrous system. It cannot, then, be ex pected that 6 reat- Britain should renounce her efforts to throw back upon France the evils with which she menaces Great-Britain, merely because France might seek to alle viate her own situation by waving the exercise of that part of her system which she cannot enforce. But, sir, to what purpose argue upon a supposed case ; upon a state of things not likely to occur, since the late re port and senatus consultum which have been published to the world, as it were, insultingly in the face of those who would contend that any repeal whatever had taken place, of the Decrees in question. You draw a comparison between the mode in which this instrument has appeared, and that which you call the high evidence of the repeal as staled in JVlr. Ciuunpngny s note : and it would almost seem as if you considered the latter -as the most authentic of the two ; but, sir, you cannot seriously contend that the duke of Bassano s report, with the senatus consultum accompanying it, published in the official paper at Paris, is not a very different instrument from the above letter, offering a mere provisional iepeal of the Decrees, Upon conditions utterly inadmissible : conditions too, which really formed of themselves a question of paramount im-. portahce. The condition then demanded, and which was brought forward so unexpectedly, was n repeal of the blockade of HISTORY OF THE WAR. 07 May, 180(), which Mr. Pinkney, in the letter you have re- fered me to, declared to have been required by America as indispensable in the view of her acts of intercourse and non- intercourse, as well as a repeal of other blockades of a sim ilar character, whifth were maintained by G. Britain, to be founded on strict maritime rights. The conditions now annexed to the French demand are much more extenstive, and as I have shewn, includes astir- render of many other of the most established principles of the public law of nations. I cannot, I confess, see upon what ground you contend that the report of the duke of Bassano, afford* no proof against any partial repeal of the French Decrees. The principles advanced in that report are general ; there is no exception made in favor of America, and in the corres pondence of Mr. Barlow, as official ly published, he seems to allow that he had no explanation respecting it. How can it, therefore, be considered in any other light than as a republication of the Decrees themselves ? which, as it were to take away ail ground for any doubt, expressly advances a doctrine that can only be put in practice on the high seas, namely, that free ships shall make free goods/ since the application of such a principle to vessels in port is absolute ly rejected under his continental system. It is, indeed, impossible to see how, under such circum stances, America can call upon G. Britain to revoke her Orders in Council. Il is impossible that she can revoke them at this moment, in common jnsfr.ce to herself and to her allies ; but, sir, while under the necessity of continu ing them, she will be ready to manage their exercise, so as to alleviate as much as possible, the pressure upon America; and it would give me great pleasure to confer with you, at any time, upon the most advisable manner of producing that effect. I have the honor to bc>, Sec. AUGUSTUS J. FOSTER. Mr. Monroe to Mr. Foster. DEPARTMENT OF STATE, June 13,1812. SIR I am not aware that any letter of yours, on any subject, on which the final decision of this government had not been communicated to you, has been suffered to remain without a prompt and written answer : and even in Hm 08 HISTORY OF THE AVAR. cases thus supposed to have been settled, which you thought proper to revive, although no favorable change had taken place in the policy or measures of your government, 1 have never failed to explain to you informally, in early inter views, the reasons which made it imperiously the duty of the U. States to continue to afford, to their rights and inter ests, all the protection in their power. The acknowledg ment of this on your part, was due to the frankness of the communications which have passed between us on the high ly important subjects on which we have treated, and I am happy to find by your letter of the lOthinst. that in relying on it, 1 have not been disappointed. The impropriety of the demand made by your govern ment of a copy of the instrument of instructions given by the French government to its cruizers, after the repeal of the Berlin and Milan Decrees, was sufficiently shown in Mr. Pinkney s letter to the Marquis of Wellesley of the 10th of December, 1810, and in my letters to you of the 23d July 1811, and 14th January last It was for this rea son that I thought it more suitable to referyou to those letters, for the answer to that demand, than to repeat it in a formal communication. It excites, however no small surprise, that you should continue to demand a copy of that instrument, or any new proof of the repeal of the French Decrees, at the very time that you declare that the proof which you demand, in the extent to which we have a right to claim the repeal, would not, if afforded, obtain a corresponding repeal of the Orders in Council. This demand is the more extraordinary, when it is considered, that since the repeal of the Decrees, as it respects the U. States, was announced, your government has enlarged its pretensions, as to the conditions on which the Orders in Council should be repealed, and even invigor ated its practice under them. Il is satisfactory to find that there has been no misapprehen sion of the condition, without which your government refu ses to repeal the Orders in Council. You admit that to obtain their repeal, in respect to the IT. States, the repeal of the French Decrees must be absolute and unconditional, not as to the U. States only, but to all other neutral nations ; nor as far as they affect neutral commerce only, but as they operate internally and affect the trade in British manufac- HISTORY OP THE WAR. 99 lures with the enemies of G. Britain. As the Orders in Council hav r e formed a principal cause of the differences which unhappily exist between our countries, a condition of their repeal, communicated in any authentic document or manner, was entitled to particular attention ; and surely none could have so high a claim to it, as the letter from Lord CastltTeagh to you, submitted by his authority to my view, for the express purpose of making that condition, with its other contents, known to this government. With this knowledge of the determination of your gov ernment, to say nothing of the other conditions annexed to the repeal of the Orders in Council, it is impossible for me to devise or conceive any arrangement consistent with the honor, the rights and interests of the U. States, that could be made the basis or become the result of a conference on the subject. As the President nevertheless retains his soli citude to see a happy termination of any differences be tween the two countries, and wishes that every opportunity, however unpromising, which may possibly lead to it, should be taken advantage of, I have the honor to inform you that I urn ready to receive and pay due attention to any com munication or propositions, having the object in view, which you may be authorised to make. Under existing circumstances, it is deemed most advisa ble, in every respect, that this should be done in writing, as most susceptible of the requisite precision, and least liable to misaprehension. Allow me to add, that it is equally desirable that it should be done without delay. By this it is not meant to preclude any additional opportunity which may be afforded by a personal interview. I have the honor to be, &c. JAMES MONROE. Mr. Foster to Mr. Dfonroe. WASHINGTON, June 14, 1812. SIR I have the honor to acknowledge the receipt of your letter of the 13th. instant. It is really quite painful to me to perceive, that notwith standing the length of the discussions which have taken place between us, misapprehensions have again arisen res pecting some of the most important features in the questions at issue between our two countries ; which misapprehen sions, perhaps, proceeding from my not expressing mvself 100 HISTORY OF THE WAR sufficiently clear in my note of the 10th inst. in relation to one of those questions, it is absolutely necessary should be done away. I beg 1 leave a^ain to state to you, sir, that it is not the operation of the French Decrees upon the British trade with the enemies of G. Britain, that has ever formed a subject of discussion between us, and thatit is the operation of those Decrees upon G. Britain, through neutral commerce oly, which has really been the point at issue. Had America resisted the effect of those Decrees in their full extent upon her neutral rights, we should never have had a difference upon the subject ; but while French crui/ers continue to capture her ships under their operation, she seems to have been satisfied if those ships were released by special impe rial mandates, issued as the occasion arose ; and she has chosen to call municipal an unexampled assumption of au thority by France, in countries not under French jurisdic tion, and expressly invaded for the purpose of preventing their trade with England, on principles directly applicable to, if they could be enforced against America. I beg you to recollect, sir, that if no revocation had been made of the Orders in Council, upon any repeal of the French Decrees, as hitherto shown by America to have taken place, it has not been the fault of his majesty s gov ernment. It was France, and afterwards America, that connected the question relative to the right of blockade with that arising out of the Orders in Council. You well know that if these two questions had not been united together, the Orders in Council would have been, in 1810, revoked. How could it be expected that G. Britain, in common jus tice to other neutral nations, to her allies, and to herself, should not contend for a full and absolute repeal of the French Decrees, or should engage to make any particular concession in favor of America, when she saw that Ame rica would not renounce her demand for a surrender with the Orders in Council of some of our most important mari time rights. Even to this clay, sir, yo\\ have not explicitly stated in any of the letters to which you refer me that the American p overnment would expressly renounce asking for a revoca tion of the blockade of May, 180t>, and the other blockade alluded to in Mr. Pinkney s letter ; much less have I been HIST RY OF THE V/AB; 10! able to obtain from you any disclaimer of the rights asserted by France to impose upon the world the new maritime code promulgat d by France in the late rqmbiieation of her Decrees, although I have, by order of my government, ex press! v stated their expectation of such disclaimer, and re peat* dly called for an explanation on this point. 1 will now say that 1 feel entirely authorised to assure you that if you can, at any time, produce a full and uncon ditional repeal of the French Decrees, as you have a right to demasid it in your character of a neutral nation, and that it be disengaged from any connection wih the question concerning 1 our maritime rights, we shall be ready to meet you with a revocation of the Orders in Council. Previous to your producing such an instrument, which I am sorry to see you regard as unnecessary, you cannot expect of us to g-ive up our Orders in Council. In reference to the concluding paragraph of your letter in answer to that in mine of the 10th inst. I will only say, that I am extremely sorry to find you think it impossible to devise or conceive any arrangement consistent with the honor, rights, and interests, of the U. States, which might tend to alleviate the pressure of the Orders in Council on the commerce of America. It would have given me great satisfaction if we could have fallen upon some agreement that might have had such effect. My government, while under the imperious necessity of resisting France with her own weapons, most earnestly desires that the interest of America may suffer as little as possible from the inciden tal effect of the conflict. They are aware that their retal iatory measures have forced the ruler of France to yield in some degree from his hostile Decrees, and whether it were more advisable to push those measures rigorously on until they complete the breaking of it up altogether, (the main object ot our retaliatory system) or to take advantage of the partial and progressive retractions of it, produced by the ne cessities of the enemy, has been a question with his majesty s government. It is one on which they would have been most desirous to consult the interest of America. Under existing circumstances, however, and from our late com munications, 1 have not felt encouraged to make you any written proposal arising out of ihis state of things ; I sjiall, therefore, merely again express to yoii, that as the object of illSTORY OF THE WAU. O. Britain lias been throughout to endeavor, while forced, in behalf of her most important rights and interest to reta liate upon the French Decrees, to combine that retaliation with the greatest possible degree of attention to the interest of America, it would give his majesty s government the most sincere satisfaction if some arrangement could be found which would have so desirable an effect. I have the honor to be, &c. AUGUSTUS J. FOSTER. MESSAGE, To the Senate and House of Representatives of the U. States. I communicate to Congress copies of a letter to the Se cretary of State, from the charge d affairs of the U. States at London, and of a note to him from the British Secretary for foreign affairs. JAMES MADISON, June 22, 1812. Mr. Russell to the Secretary of State. LONDON, May 2, 1812. SIR- After closing the duplicated of my letter to you of the 26th ult. I discovered the copy of the note of lord Cas- tlereagh to me of the 21st ult. had been left out by mistake. I take the liberty of now handing it to you. JONATHAN RUSSELL. [Enclosed in the above.] The undersigned, his majesty s principal Secretary of State for foreign affairs, is commanded by his royal high ness, the prince regent, to transmit to Mr. Russell, charge <V affairs of the government of the U. States of America, ihe enclosed copy of a Declaration accompanying an Order in Council which has been this day passed by his royal highness, the prince regent in Council. The undersigned is commanded by the prince regent to request that Mr. Russell, in making this communication to his government, will represent this measure as conceived in the true spirit of conciliation, and with a due regard, on the part of his royal highness, to the honor and interest of Uie U. States ; and the undersigned ventures to express bis confident hope, that this decisive proof of the amicable HISTORY OF THE WAR. 103 sentiments which animate the councils of his royal high ness towards America, may accelerate the return of amity and mutual confidence between Great-Britain and the United States. The undersigned avails himself of this opportunity to re peat to Mr. Russell the assurances of his high consideration. CASTLEREAGH. Foreign Office, April 21, 1812. ORDER IN COUNCIL. Atthe Court at Carlton-House, the 21st day of April, 1812, present his royal highness the prince regent in Council. Whereas the government of Prance has, by an official report, communicated by its minister of foreign affairs to the conservative Senate, on the 10th of March last, remov ed all doubts as to the perseverence of that government in the assertion of principles, and in the maintainance of a system, not more hostile to the maritime rights and com mercial interest of the British empire, than inconsistent with the rights and independence of neutral nations, and has thereby plainly developed the inordinate pretensions which that system, as promulgated in the Decrees of Berlin and Milan, was from the first designed to enforce. And whereas his majesty has invariably professed his readiness to revoke the Orders in Council adopted there upon, as soon as the said Decrees of the enemy should be formally and unconditionally repealed, and the commer ce of neutral nations restored to its accustomed course : His royal highness the prince regent (anxious to give the most decisive proof of his royal highness 7 disposition to- perform the engagements of his majesty s government) is pleased, in the name and on the behalf of his majesty, and by and with the advice of his majesty s privy Council, to order and declare, and it is hereby ordered and declared, that if, at any time hereafter, the Berlin and Milan Decrees shall by some authentic act of the French government, pub licly promulgated, be absolutely and unconditionally re pealed, then, and from thenceforth, the Order in Council o! the 7th day of January, 1807, and the Order in Council of the 26th day of April, 1809, shall, without any further or der, be, and the same are hereby declared from thenceforth to be wholly and absolutely revoked : and further, that th* H1STOHY OF THE WAR, full benefit of this order shall be extended to any ship or cargo captured subsequent to such authentic act of repeal of the French Decrees, although antecedent to such repeal such ship or vessel shall have commenced and shall have been in the prosecution of a voyage, which, under Ihe said Orders in Council, or one of them, would have subjected her to capture and condemnation ; and the claimant of any ship or cargo which shall be captured or brought to adjudi cation, on account of any alleged breach of either of the saiti Orders in Council, at any t. me subsequent to such au thentic act ot repeal by the French government, shall with out any further Order or Declaration on the part of his majesty s government on this subject, be at liberty to give in evidence in the high Courts of Admiralty, or any Court of Vice- Admiralty, before which such ship or cargo shall be brought for adjudication, that such repeal by the French government had been, by such authentic act, promulgated prior to such capture ; and upon proof thereof, the voyage shall be deemed a id taken to have been as lawful as ii the said Orders in Council had never been made : saving, nev ertheless, to the captors, such protection and indemnity as they may be equitably entitled to in the judgment of the said Court, by reason of their ignorance, of uncertainty as to the repeal of the French Decrees, or of the recognition of such repeal by his majesty s government at the time of such capture. His royal highness, however deems it proper to declare, that should the repeal ol the French Decrees, thus anticipat ed and provided for, prove afterwards to have been illusory on the part ef the e temy ; and should the restrictions there of be still practically enforced, or revived by the enemy; G. Britain will be compelled, however reluctantly, after reasonable notice, to have recourse to such measures of re- laliation as may then appear to be jusland necessary, And the Right Honorable the lords commissioners of his Majesty s treasury, his Majesty s principal Secretaries of state, the lords Commissioners of the Admiralty, ami the Judges of the high Court of Admiralty, and the Judges of the Courts of Vice- Admiralty, are to take the necessary measures therein as to them shall respectively appertain. CHETWYND HISTORY OP THE WAR. Ms. Rmstll to Lord Castlereat/J*. My Lord I have the honor to acknowledge the receipt .*f the note which your lordship addressed to me on the 21st of this month, enclosing, by command of his royal highness, the prince regent, a copy of a declaration accompanying an Order in Council which had this day been passed. It would afford me the highest satisfaction, in communi cating that declaration and order to my government, to have represented them, as conceived in (he true spirit of conciliation and with a due regard to the honor arid inter ests of tiie U. Stales. I regret, however, that so far from perceiving in them any evidence of the amicable sentiments which are professed to animate the councils of his royal highness, I am compelled to consider them as an unequi vocal proof of the determination of his B i.annic majesty s government to adhere to a system, which, both as to prin ciple and fact, originated, and has been continued in error ; and against which, the government of the U. States, so long as it respects itself and the essential rights of the na tion over which it is placed, cannot cease to contend. The U. States have never considered it their duty to en quire, nor do they pretend to decide, whether England or France was guilty, in relation to the other, of the tirst viola tion of the public law of nations; but they do consider it their most imperious duty to protect themselves from the unjust operation of the unprecedented measure of retalia tion professed by boih powers to be founded on such vioia- tion. In this operation, by whichever party directed, the U. States have never, for a moment, acquiesced, nor by ihe slightest indication of such acquiescence, afforded a pretext, for extending to them the evils, by which England and France affect to retaliate un each other. They have ;u no in stance departed from the observance of thatstrict impartiality which their peaceful position required, and which ought to have secured to them the unmolested enjoyment of their neutrality. To their astonishment, however, they perceiv ed that both these belligerent powers, under the pretence of annoying each other, adopted and put in practice new principles of retaliation, involving the destruction of those commercial and maritime rights which the U. States re gard as essential and inseperable attributes of their inde- ueiuleivf Allhniigh alive to all the injury and injustice of 11 106 HISTORY OF THE WAR. this system, the American government resorted to no ures to oppose it, which were not of the most pacific a < : i:n- partial character in relation to both the aggressors, I;* re monstrances, its restrictions of commercial intercourse, a<\d its overtures for accommodation, were equally addressed to England and France : and if there is now an inequality in the relations of the U. Stales with these countries, ft can onis be ascribed to England herself, who rejected the terms proffered to both, while France acce ted then!, and who continues to execute her retaliatory Edicts on th high s as, while those of Frame have here ceased to operate. If G. Britain could not be persuaded by ro Moderations of universal equality, to refrain from adopting- ;iiiy lice of conduct, however unjust, for which she might discover a precedent in the conduct of her enemy, or to abaiido.ii an attempt of remotely and uncertainly annoying 1 that enemy through the immediate and sure destruction ot the vital in terest of a neutral and unoffending slate, yet it was confi dently expected that she would be willing to follow that enemy also in his return towards justice, and, from a res pect to her own declarations to proceed pari passu with him in thr revocation of the offending Edicts. This just expec tation has, however, been disappointed, and an exemption of the flag of the U. States from the operation of the Berlin and Milan Decrees, has produced no corresponding modi fication of the British Orders in Council. On the contrary, he fact of such exemption OM the part of Fr uce, appears, by the declaration and Order in Council of the British go vernment on the 21st of this month, to be denied, and the en gagements of the latter, to proceed, step by step, with its enemy, in the work of repeal and relaxation, to be disown ed or disregarded. That France has repealed her Decrees so far as they re spected the U. States, has been established by declarations and facts, satisfactory to them, and which it was presumed should have been equally satisfactory to the British govern ment. A formal and authentic declaration of the French government communic aled to the minister plenipotentiary of the U. States at Paris, on the 5lh of August, 1810, an nounced that the Decrees of Berlin and Milin were revoked, and should cease to operate on t!e 1st of the succeed ing- November, provided that a condition presented to Eng~ HISTORY OF THE WAR. 107 land, or another condition presented to the IT. States should be performed. The condition presented to the U. States \vas performed, and their performance rendered absolute the repeal of the Decrees. So far therefore, from this re peal depending upon a condition in which G. Britain could not acquiesce, it became absolute, independent ot any act of G. Britain, the moment the act proposed for the perform ance oi the U. States was accomplished. Such was the construction given to this measure by the TJ. States trom the first ; and that it was a correct one has been sufficiently evinced by the subsequent practice. Several instances of the acquittal of American vessels and cargoes, to which the Decrees would have attached, it stiU in force against the U. Stales, have from time to time, be^n presented to his Britannic majesty s government. That these cases have been few, is to be ascribed to the few cap tures, in consequence of this repeal, made by French cruiz- ers ; and should no other such case occur, it would be ow ing to the efficacy of this repeal, and to the exact observ ance of it, even by the most wanton and irregular of those cruizers. From the 1st of November, 1810, to the 29th of January of the present year, as appears by a note which I had the honor to address to the predecessor of your lordship, on the 8th of February last, the Berlin and Milan Decrees had not been applied to American property, nor have I heard that such application has since been made. But against the authentic act of the French government of the 5th August, 1810, and the subsequent conduct ot the government, mutually explaining each other, and conform ing the construction adopted b> the U. States, a re port said to be communicated by the French minister of Foreign af fairs to the conservate senate, is opposed. Without preten ding to doubt the genuineness of that report, although it has reached this country only in a newspaper, yet it is to be lamented that as much form and evidence of authenticity have not been required, in an act considered as furnishing cause for the continuance of the Orders in Council, as an act which by the very terms of these Orders challenged their revocation. The act of the 6th of August, 1810, emanating from the sovereign of France, officially commu mcated to the British government, and satisfactorily expound 108 HISTORY OF THE WAK. ed and explained by the practical comments or more lliau eighteen months, is denied to afford convincing evidence of the repeal of the French Decrees, while full proof of their continuance is inferred from a report, which, from its very nature, must contain the mere opinions and specula tions, of a subject which is destitute of ail authority until act- ed upon by the body to winch it was presented, which has found its way hither in no more authentic shape than the columns of the Moniteur, and for the proper understand ing" of which not a moment has been allowed. But even \\ere the cause thus assigned to the report just, it is still dif ficult to discover what inference can befuirly deduced from it incompatible with the previous declarations and conduct of the French government exempting the United States fiom the operation of its Decrees. The very exception in that report with regard to nations who do not sillier their flag to be denationaliz&t, was undoubtedly made with re- fen nee to >he U. States, and with a view to reconcile the general tenor of th it report with the good faith with which it became France to observe the conventional repeal of those Decrees in their favor. However novel may lie the terms employed, or whatever may be their precise meaning, they ought to be interpreted to accord with the engagements of tlu French government, and with justice and good faith. Your lordship will. 1 doubt not, the more readily ac knowledge the propriety of considering the report in this light, bv a reference to similar reports made to the same conservative sei.ate, on the 13th of Dec. 1810, by the duke ot Cadore (the predecessor of the present French minister of exterior relations) and by the count de Simonvilie. in these reports they say to the emperor, (which proves that- such reports are not to be considered as dictated by him) Sire, as long as England shall persist in her Orders in Council, so long your majesty will persist in your Decrees, ami the Decrees of Berlin a-.-d Milan are an answer to the Orders n Council. The British Cabinet, has, thus to s| eak, dictated them to France. Europe receives them for her code, and this code shall become the palladium oi the lii erty ot the seas Surely, tins I mguage is as strong as that of the report of the tOth of March, and still more absolute ; .or there is i o qualification in it in favor ot any nation , tins language has both, by an explanation of the HISTORY OP THE WAR. 109 iluke of Cadore to me at the same time, and by the uniform conduct of the French government since, been reconciled with the repeal of these Decrees, so far as they concerned the U. States. Had the French Decrees originally afforded an adequate foundation for the British Orders in Council, and been con- tinned after these reports, in full force, and extent, surely, during a period in which above a hundred American ves sels and their cargoes have fallen a prey to these Orders, some one solitary instance of capture and confiscation must have happened under those Decreed. That no such in stance lias happened incontrovertibly proves, either that those Decrees are of themselves harmless, or that they have been repealed; and in either case they can afford no right ful plea or pretext for G. Britain, for these measures of pre tended retaliation, whose sole effect is to lay waste the neu tral commerce of America. With the remnant of those Decrees, which is still in force, and which consists of municipal regulations, confined in their operation within the proper ana undeniable juris diction of the States where they are executed, the U. States have no concern ; nor do they acknowledge themselves to be under any political obligation, either to examine into the ends proposed to be attained by this surviving portion of the continental system, or to oppose their accomplishment. Whatever may be intended to be clone in regard to other nations by this system, cannot be imputed to the U. States, nor are they to be made responsible, while they religiously observe the obligations of their neutrality for the mode in which belligerent nations may choose to exercise their pow er, for the injury of each other. When, however, these na tions exceed the just limits of their power by the invasion of the rights of peaceful states on the ocean which is sub ject to the common and equal jurisdiction of all nations, the U. States cannot remain indifferent, and by quietly con senting to yield up their share of this jurisdiction, abandon their maritime rights. France has respected these rights b) the d.sco ..tinuance of her Edicts on the high seas, leaving no part of these Edicts m operation to the injury of the U. States; and of course, no part in which they can be supposed to acquiesce, or against which they can be re quired to contend. They ask G. Britain, by a like respecl 1 10- HISTORY OP THE WAR. for their rights, to exempt them from the operation of her Orders in Council. Should such exemption involve the total practical extinction of these Orders, it will only prove that they were exclusively applied to the commerce of the TI. States, and that they had not a single feature of resem blance to the Decrees, against waich they are professed to retaliate. It is with patience and confidence that the United States have expected this exemption, and to which they believed themselves entitled, by all those considerations of right and promise, which I have freely stated to your lordship. With what disappointment, therefore, must they learn that G. Britain, in professing to do away their disaffection, explicit ly avows her intention to persevere in her Orders in Coun cil, until some authentic act hereafter to be promulgated by thr French government, shall declare the Berlin and Milan Decrees are expressly and unconditionally repealed. To obtain such an act, can the United States interfere ? Would such an interference be compatible either with a sense of justice, or with what is due to their own dignity ? Can they be expected to falsify their repeated declarations of their satisfaction with the act of the 5th of Argust, 1810, con firmed by abundant evidence of its subsequent observance, and by now affecting to doubt of the sufficiency of that act, to demand another, which in its form, its mode of publica tion, and its import, shall accord with the requisitions ot G. Britain? And can it be supposed that the French govern ment would listen to such a proposal made under such cir cumstances, and with such a view ? While, therefore, I can perceive no reason, in the report of the French minister, of the 10th of March, to believe that the U. States erroneously assumed the repeal of the French Decrees, to be complete in relation to them ; while aware that the condition of which the Orders in Council is now distinctly made to depend, is the total repeal of both the Berlin and Milan Decrees, instead as formerly of the Berlin Di Cree only ; and while I feel that to ask the performance of this condition from others, inconsistent with the honor of the U. States, and to perform it themselves beyond their power; your lordship will permit me frankly to avow that I cannot accompany the communication to my government, of the declaration and Order in Council of the 21st of this HISTORY OF THE WAR, aaonth, with any felicitation on the prospect which thismea- smv presents of an accelerated return of amity and nuuual confidence between the two states. It is with real pain that I make to your lordship this a- vowal, and I will seek still to confide in the spirit which your lordship in your note, and in the conversation of this morning, has been pleased to say actuates the councils of his oyai highness in relation to America, and still to cher ish a hope that the spirit will lead, upon a review of the whole ground, to measures of a nature better calculated to attain this object, and that this object will no longer be nude to depend on the conduct of a third power, or contingencies over which the U. States have no controul,but alone u.on the rights of the U. States, the justice of G. Britain, and the common interests of both. I have the honor to be, Sec. JONATHAN RUSSELL. Previous to the Declaration of War, Gen. Hull, with about two thousand men, was ordered to proceed to De troit. The army arrived at the head of Lake Erie, about the time war was declared ; and several officers, and la dies, with the baggage of the General Officers, proceeded dovyn the Lake for Detroit, in a gun vessel. The British received the news of the war before Gen. Hull, and sent a brig in pursuit of his baggage, which succeeded in ca dur ing the vessel, and carried her into [Maiden. The British commander sent the iadies over to Detroit, in a flag of truce, which was the first intelligence they had received of the war. Gen. Hull, after concentrating his forces, at Detroit, crossed over the river to Sandwich, and issued the follow ing singular and extraordinary Proclamation. BY WILLIAM HULL, Brigadier General and Commander of the North Western Arm i/ of the Untied States: A PROCLAMATION. INHABITANTS OF CANADA! After thirty years of peace and prosperity, the U. States have been driven to arms. The injuries and aggressions, the insults and indignities of G. Britain have once more left 112 HISTORY OF THE -WAR. them no alternative but manly resistance, or unconditional submission. The army under my command has invaded your country , the standard of the Union now waves over the territory of Canada. To the peaceable unoffending mr habitant, it brings neither danger nor difficulty. I come to find enemies, not to make them, i come to protect, not to injure you. Separated by an immense ocean and an extensive wil derness from G. Britain, you have no participation in her councils; no interest in her conduct. You have felt her ty ranny ; you have seen her injustice. But 1 do not ask you to avenge the one, or to redress the other. The IT. States are sufficiently powerful to afford ever) security, consistent with their rights and your expectations. 1 tender \ou the invaluable blessing of civil, political, and religious liberty, and their necessary result, individual and general prosperi ty ; that liberty which gave decision to our councils, and energy to our conduct in a struggle for independence, which conducted us safely and triumphantly through the stormy period of the revolution that liberty which has rais ed us to an elevated rank among- the nations of the world ; O * and winch afforded us a greater measure of peace and se curity, of wealth and improvement, than ever fell to the lot of any people. In the name of my country, and the au- thonty of government, I promise you protection to your persons, property, and rights ; remain at your homes ; pursue your peaceful and customary avocations; raise not jour hands against your brethren. Many of your fathers fought, for the freedom and independence we now enjoy. Being children therefore of the same family with us, and heirs lo the same heritage, the arrival of an army of friends must be hailed by you with a cordial welcome. You will be emancipated from tyranny and oppression, and restored to the dignified station of freedom. Had I any doubt oi eventual success, I might ask your assistance, but 1 do not, 1 come prepared for every contingency I have a force-, which will break down all opposition, and that force is but the van-guard of a much greater. If, contrary to your own interest and the just expectations of my country, you should take part in the appro-idling 1 contest, you will be consider ed and treated as enemies, and the horrors and calamities of war will stalk before you. If the barbarous and .savage HISTORY OF THE WAB, 113 policy of G.Britain be pursued, and the savages are let Joo e to murder our citizens and butcher our women and children, this war will be a war oj extermination. The first stroke of the tomahawk the -first attempt with the scalping knife, will be the signal of one indiscriminate scene of desolation. No white man found fighting b\ the side of an Indian will be taken prisoner instant death w.ll be his lot. If the dictates of reason, duty, justice, and hu manity, cannot prevent the employment of a force which respects no rights, and knows no wrong, it will be prevent ed by a severe and relentless system of retaliation. I doubt not your courage and firmness I w.ll not doubt your at tachment to liberty. If you tender your services volunta rily, they will be accepted readily. The IT. States offer you peace, liberty* and security. Your choice lies between these and war, slavery and destruction. Choose then ; but choose wisely ; and may He who knows the justice of our cause, and who holds in his hand the fate of nations, guide you to a result the most compatible with your rights and interests, your peace and happiness. By the General, A. P. HULL, Captain of the \3th United States 1 regiment of Infantry, and Aid-de-camp. Head-quarters, Sandwich, July 12, 1812. WILLIAM HULL, On the 10th of July, Colonels Gass and Miller, attempt ed to surprise a British post, oOO strong, at a bridge about five miles from Maiden. They were discovered by the British, and after a slight skirmish, the enemy retreated, leaving eleven men killed and wounded, on the field ; our troops returned to head-quarters, at Sandwich, and the British re-posted themselves again, at the bridge. On the 19th and 24th there was considerable skirmishing, with trifling success, on either side our loss was six men killed and wounded the British and Indians, lost sixteen killed, and several wounded. Soon after General Hull had crossed from Detroit, into Canada, and had issued his Proclamation, the greater part of the militia of the neighboring country gave themselves 1 1 4 HISTORY OF THE WAR. up to his protection, or returned home peaceably, resolvino to stand neutral, in the contest, Large bodies of the sav age tribes offered their services to Gen. Hull, previous to his leaving Detroit, but he informed them that he was not authorised to accept, them, and wished them to remain si lent spectators, and not engage on either side ; but this was not their choice they immediately crossed over to Maiden, where they were accepted, and put into service by the British ; which circumstance contributed largely to overthrow Gen. Hull, as will be s^enby the official account of his capitulation. HULL S VICTORY. Com. tluil fo tk Secretary of the Navy. V. S. F. Constiluttun, oft Boston, Avy. 30, 1812, SIR 1 have the honor to inform you, that on the l()th instant, at 2 P. M. bei;ig in latitude 41, 42, longitude 55, 48, w;th the Constitution, under my command, a sail was discovered from the masthead bearing E. by S. or E. S EC but rit such a distance we could not tell what she was. AUsa>l was instantly made in chase, and soon found we ca e no with her. At 3 P. M. could plainly see that she was a ship on the starboard tack, under easy sail, close en a wind ; at half past 3 P. M. made her out to be a frigate ; continued the chase until we were within about, three mile s, wheu 1 ordered the tight sails taken in, the courses hauled NIK and the .ship cleared for action. At this time tht-- chase had backed his main- opsaii, waiting for us to come down As soon as the Constitution was ready for action, I bore <l>wu with an intention to bring him to close action imme diately ; but on our coming within gun-shot she gave us a broadside, and filed away, and wore, giving us a broad side 00 the other tack, but without effect ; her shot falling short. She continued v\ earing and manopvremg for about three quarters of an hour, to g j t a raking position, but finding she could not, she bore up, and run under her top sails and gib, with the wind on the quarter. Immediately made sail to bring the ship up with her, and 5 minutes be fore six, P. M. being alongside within half pistol shot, we commenced a heavy fire from all our guns, double shotted MMlh round and grape, and so well directed were they, and so warmly kept up, that m 15 minutes his uiizen-mast wen! HfSTORY OF THE WAR. 116 by the board, and his main yard in the slings, and the hull, rigging, and sails, very much torn to pieces. Tiie lire was kept up with equal warmth tor 15 minutes longer, when his main-mast and fore-mast went, taking with .them every spar, excepting the bowsprit: on seeing this we ceased firing, so that in 30 minutes ;.fter we got fairly alongside the enemy, she surrendered, and had not a spar standing, and her hull, below and above water, so shattered, that a few more broadsides must have carried her down. Ace; 1 informing youthatsotine a ship astheGuerriere, com manded by an able and experienced officer, had been totally dismasted, and otherwise cut to pieces, so as to makeher -.ot worth towing into port, in the short space ot>0 minutes, \ou a i have no doubt of the gallantry arid good conduct of the officers and ship\ company I have the honor to command ; it only remains, therefore, for me to assure you, that they all fought with great bravery ; and it g iyes me great pleasure to say, that from the smallest boy in the ship to the oldest seamen, not a look of fear was seen. They all went into action, giving three cheers and requested to be laid along side the eneniv. I have the honor to be, 8cc. ISAAC HULL, AMERICAN LOSS. Kilied 7 wounded 7. BRITISH LOSS. Killed 15 wounded 02 missing 24.* ORDERS IN COUNCIL REVOKED. At the Court at Carlton House, the 23d day of June, present, his rovat highness, the pn.ice regent in council. Whereas his royal highness, the prince regent was ple-is- ed to declare, in the name and on behalf of his majesty, on the 21st of A ; >ril, 1812, * That if at any time hereafter, the Berlin and Milan Decrees shall by some authentic act of the French government, publicly promulgated, be absolute ly and unconditionally repealed, then, and from thence, the Order in Council of thi^ 7h of January, 1807, and the Or der in Council of the 26th of April, 180&, shall with ut anv further order, be, a<td the s >me are hereby declared from thenceforth to be wholly and absolutely revoked. # Supposed to have gone overboard with the mads. 116 HISTORY OP THE WAR. And whereas the charge d affairs of the U. States of America, resident at this Court, did, on the 21si day oi May last, transmit to lord viscount Castiereagh, one of his ma jesty s principal secretaries, a copy of a certain instrument, then for the first time commun.cated to this Court, purpor ting to be a Decree passed by the government of France, on the 28th of April, 1811, by which the Decrees ot Berlin and Milan are declared to be definitely no longer in force in regard to American vessels : And whereas his royal highness, the prince regent, aL though he cannot consider the tenor of said instrument as satisfying the conditions set forth in the said Order of ihe 21st of April last, upon which the said Orders were to cease and determine, is nevertheless disposed, on his part, to take such measures as may tend to re-establish the intercourse between neutral and belligerent nations, upon its accustomed principles, his ro\al highness, the prince regent, in the name and on the befell of his m -jesty, is therefore pleased, by and Wfth the advice <jf his majesty s privy O;mcil, to order and dectare, and it is hun i t ordered a u dt-.ciared, that the Or der in Council bearing date the 7th day oi January, 1807, and the Order in Council bearing date the 26lh day of April, 1809, be revoked, so far as may regard American, vessels and their cargoes, being American properly, from the 1st day of August next. But whereas by certain acts of the government of the T T Stales ot America, all Br tish armed vessels aie exclud ed from the harbors and wa;ers of the said U. States, the aimed vessels of France being permitted to enter therein, and the commercial intercourse between G Britain and the said U. States is interdicted, the commercial intercourse between France and the said U. States having been restor ed : his royal highness, the pnnce regent is pleased hereby further to declare, in the name and on the behalf of his ma jesty, that if the government of the said D. States si all not as soon as may be, ailer this order shall have been uuiy notified by his majesty s minister in America to the said government, revoke or cause to be revoked the said acts, this present Order shall in that case, after clear notice signi fied by his majesty s minister in America, to the said ernmeut, be thenceforth null and of no effect. HIST011Y OF THE WAR. 117 It is farther ordered and declared, that all American ves sels a >d their cargoes, being 1 American property, that shall have been captured subsequently to the 28th of May last, for a breach of the aforesaid Orders in Council alone, and which shall not have been actually condemned before the date of this Order, and that all ships and cargoes as afore said, that shall henceforth be captured under the said Or ders, prior to the 1st day of August next, shall not be pro ceeded against to condemnation, until further orders, but shall, in the event of this Order not becoming null and o s o effect, in the case aforesaid, be forthwith liberated and re stored, subject to such reasonable expences on the part of the captors, as shall have been justly incurred. Provided that nothing* in the Order contained respecting* the revocation of the Orders herein mentioned, shall be taken to revive wholly, or in part, the Orders in Council of the llth of November, 1807, or any other Order not herein mentioned, or to deprive parties of any legal remedy to which they may be entitled, under the Order in Council, of the 21st of April, 1812. His royal highness, the prince regent is hereby pleased further to declare, in the name and o- the behalf of his ma jesty, that nothing in the present Order contained shall be understood to preclude his royal highness, the prince regent, if circumstances shall so require, from restoring 1 , after rea sonable notice, the Orders ot the 7th uf January, 1807, and th 26th of April, 1809, or any part thereof, *to their full effect, or from taking such other measures of retaliation against the enemy, as may appear to his royal highness to be just and necessary. And the right honorable the lords commissioners of his majesty s treasury, his majesty s principal secretaries oi state, the lords commissioners of the Admiralty and the Judge oftuehigh Court of Admiralty, and the Judge of the Court of Yice Admiralty, are to take the necessary mea sures herein, as to them may respectively appertain. Gen. Hull to the Secretary of War. MONTREAL, bept. 8th, 1812. SIR The inclosed dispatch was prepared on my arri val ai Fort George, and it was my intention to have for- warded it from that place by Major Witherell. of thr 118 HISTORY OP THE WAR. Michigan volunteers. I made application to the com manding 1 officer at that post, and was refused ; he stating that he was not authorised, and Gen. Brock was then at York. We were immediately embarked tor this place, and Major Withereil obtained liberty at Kingston to go home o:> parole. This is the first opportunity I have had to forward the dispatches. The fourth U. States regiment is destined for Quebec, wi>h a part of the first. The whole consist of a little over three hundred Sir Gerorge Prevost, without any request on my part, has offered to take my parole, and perm it me to proceed to the States. Lieut. Anderson, of the eighth regiment, is the bearer of my dispatches. He was formerly a Lieut, in the Artihtrv, and resigned his commission on account of being appoi t* ed Marshal of the Territory of Michigan. During the campaign he has had a command in the Artillery ; and I recommend him to you as a valuable officer. He is particularly acquainted with the state of things previous, and at the time when the capitulation took place. He will be able to give you correct information on anv points, about which you may think proper to enquire. J am, very respectfully, &c. WILLIAM HULL. DISPATCH. Port George, August 26, 1812. SIR Inclosed are the articles of capitulation, by which the Full of Detroit has been surrendered to Major- General Brock, commanding his Britannic Majesty s forces in Up per Canada, and by which the troops have become prisoners oi war. My situation at present forbids me from detailing the particular causes which have led to this unfortunate event. I will, ho v\ ever, generally observe, that alter the surrender of JVLchihtnacktnac, almost every tribe and nation of Indians, excepting a part ot the Miamies and Delavvares, north from beyond Lake Superior, west from beyond the Mississippi, south from the Ohio and Wabash, and east from every part of Upper Canada, and from all the intermediate co jiiirv, joined in open hostility under the British standard, the army I commanded, contrary to the most solemn HISTORY OF THE WAR. assurances of a large portion of them to remain neutral ; even the Ottawa Cheifsfrom Abercrotch, who formed the delagation to Washington the last summer, in whose friend ship I know you had great confidence, are among- the hos tile tr.bes, and several of them distinguished leaders. Among the vast number of chiefs who led the hostile bands, Tecumseh, Marplot, Logan, Walk-in- he- water, Split-Log*, &c. are considered the principals. This numerous assem blage of savages, under the entire influence and direction of the British commander, enabled him totally to obstruct the only communication which I had with my country. Tsiis communication had been opened from the settlements in the state or Ohio, two hundred mi:es through a wilder ness, by the fatigues of the army, which I marched to the f rontier on the river Detroit. The body of the Lake be ing commanded by the British armed ships, nnd the shores and rivers by gun-boats, the army was totally deprived ot all communication by water. On this extensive road t depend ed for transportation of provisions, military stores, medicine., clothing, and every other supply, on pack-horses all its- operations were successful until its arrival at Detroit, in a few days it passed into the enemy s country, and all oppo sition seemed to fall before it. One month it remained in possession of this country, and was fed from its resources, In different directions detachments penetrated sixty miles in thesc. ttled part of the province, and the inhabitants seem ed satisfied with the change of situation, which appeared lo be taking place the militia from Amhertsburg were daily deserting, and the whole country,, then wilder the control of the army, was asking for protection. The Indians gen erally, in the first instance, appeared to be neutralized, and determined to take no pait in the contest. The fort of A nherstburgh was eighteen miles below my encampment. Not a single cannon or mortar was on wheels suitable to carry before that place. I consulted my officers whether it was exped=ent to make an attempt on it with the bayonet alone, without cannon to makeabre ich in the first instance. The council I called was ^f opinion it was not. The greatest industry was exerted in making preparation, and it was not until the 7th of August, that two 24-pounders, and three howitzers were prepared. It was then my intention to have proceeded on the enterprise.- 1?0 &ISTORY OF T#E WAfc. While the operations of the army were delayed by thes* preparations the clouds of adversity had been ;br some nu: f and seemed still thickly to be gathering around me. The surrender of Michilimackinac opened the northern hive o Indians, and they were swarming; down in every direction 1 . Reinforcements from Niagara had arrived at Amherstburg under the command of Col. Proctor. The desertion of the .militia ceased. Besides the reinforcements that came by water, i received information of a very considerable force wider the command of Major Chambers, on the river Lfc French, wit four field-pieces, and collecting" the militia on bis route, evidently destined for Amherstburg ; and in ad dition to tLs combination, and increase of force, contrary to ail my expectations, the Wyandots, Cl.ippewas, Ottawas, Potawattamies, Munsef s, Delawares, &c. with whom I had the most friendly intercourse, at once passed over to Am- herstburg, and accepted the tomahawk and scalping knife. There being now a vast number of Indians at the British post, they were sent to the river Huron, Bro vnstown, and Maguago, to intercept my communication. To open this communication, I detached Major Vanhorn, of the Ohio Toluciteers, with two hundred men to proceed as far as the river Raisin, under a ; expectation that he would ni -ct Capt, Brush with 150 volunteers from Ohio, and a quantity of pro* Tision for the a- my. An ambuscade was formed at Browns- town, and Major Yanhoni s detachment defeated and re turned to camp without effecting theobjectot the expedition. In my letter of the 7Ui mst. you have the particulars of that, transaction, with a return of the killed and wounded. Under this sudden and unexpected change of things, and baling 1 received an express from General Hal:, Command- iir . opposite the British shore on the Niagara river, by which it appeared that there was no prospect of any co-op eration from iliat quarter, and the two senior officers of the arti-lerv having slated to mean opinion that it would be extremely difficult, if not impossible, to pass the Turkey river and rivei Anx-Cannard, with the 24 pou. ders, and that they could not be transported by water, as the Queen Charlotte which earned eighteen 24 pounders, lay in tno river Detroit above the mouth of the river Aux-C mnard ; aiid as it appeared indispensibly necessary to open the com- mmucatioii to the river Raisin and the Miami, I found HISTORY OF THE WAKi 121 myself compelled to suspend the operation against Am- lierstburg, and concentrate the main force of the army at Detroit. Fully intending, at that time, after the commu nication was opened, to re-cross the river, and pursue the object at Amherstburg, and strongly desirous of continuing protection to a very large number of the inhabitants of Upper Canada, who had voluntarily accepted it under my proclamation, I established a fortress on the banks of the river, a little below Detroit, calculated for a garrison of three hundred men. On the evening of the 7th, and morn ing of the 8th inst. the army, excepting the garrison of -250 infantry, and a corps of artillerists, all under the command of Major Denny, of the Ohio volunteers, re-crossed the riv er, and encamped at Detroit. In pursuance of the object of opening the communication, on which I considered the existence of the army depending, a detachment of six hun dred men, under the command of Lieut. Colonel Miller was immediately ordered. For a particular account of the proceedings of this detachment, and the memorable battle which was fought at Maguago, which reflects the highest honor on the American arms, I refer you to my letter of the 13th of August, a duplicate of which is enclosed, in this. Nothing however but honor was acquired by this victory ; and it is a painful consideration, that the blood of seventy-five gallant men could only open the communi cation as far as the points of their bayonets extended. The necessary care of the sick and wounded, and a very severe storm of rain, rendered their return to camp indis pensably necessary for their own comfort. Captain Brush, with his small detachment, and the provisions, being still at the river Raisin, and in a situation to be destroyed by the savages, on the 13th inst. in the eveaing, I permitted Colonels M Arthur and Cass to select from their regiment four hundred of their most effective men, and proceed an upper route through the woods, which I had sent an express to Capt. Brush to take, and had directed the militia of the river Raisin to accompany him as a reinforcement. The force of the enemy continually increasing, and the neces sity of opening the communication, and acting on the de fensive, becoming more apparent, I had, previous to de taching Colonels M Arthur and Cass, on the llth inst- evacuated and destroyed the fort on the opposite bank. 122 HISTORY OF THE WAK. On the 13th, in the evening, Gen. Brock arrived at Am- herstburg about the hour Colonels JVT Arthur and Cass marched, of which at that time I had received no informa tion. On the 15th, I received a summons from him to surrender fort Detroit, of which I herewith enclose you a copy, together with my answer. At this time I had receiv ed no information from Colonels M Arthur and Cass. An express was immediately sent, strongly escorted, with or ders for them to return. On the 15th, as soon as General Brock received my let ter, his batteries opened on the town and fort, and continu ed until evening. In the evening all the British ships of -war came nearly as far up the river as Sandwich, three miles below Detroit. At daylight on the 16th, (at which time I had received no information from Colonels M Arthur and Cass, my expresses sent the evening before, and in the night, having been prevented from passing by numerous bodies of Indians) the cannonade recommenced, and in a short time I received information, that the British army and Indians, were landing below the Spring wells, under the cover of their ships of war. At this time the whole effec tive force at nay disposal at Detroit did not exceed eight hundred men. Being" new troops and unaccustomed to a camp life ; having performed a laborious march ; having been in a number of battles and skirmishes, in which many had fallen, and more had received wounds, in addition to which a large number being sick, and unprovided with .medicine, and the comforts necessary for their situation: are the general causes by which the strength of the army was thus reduced. The fort at this time was tilled with women, children, arid the old and decrepit people of the town and country ; they were unsafe in the town, as it was entirely open and exposed to the enemy s batteries. Back ot the iort, above or below it, there was no safety for them on account of the Indians. In the first instance, the enemy s fire was principally directed against our batteries; towards the close, it was directed against the fort alowe, and almost every shot and shell had their effect. It now became necessary either to fight the enemy in the field ; collect the whole force in the fort ; or propose terms of capitulation. I could not have carried into the field more than six hundred men, and left any adequate force iu HISTORY OF THE WAR. the fort. There were landed at that time of the enemy a re gular force of much more than that number, and twice that number of Indians. Considering this great inequality of force, I did not think it expedient to adopt the first measure. The second must have been attended with a great sacrifice of blood, and no possible advantage, because the contest could not have been sustained more than a day tor the want of powder, and but a very few days for the want of provisions. In addition to this, Cols. M Arthur and Cass would have been in a most hazardous situation. I feared nothing but the last alternative. I have dared to adopt it I well know the high responsibility of the measure, and I take the whole of it on myself. It was dictated by a ser.se 4)f duty, and a full conviction of its expediency. The band&of savages which had then joined the British force, were numerous beyond any former example. Their num bers have since increased, and the history of the barbarians of the north of Europe does not furnish examples of more greedy violence than these savages have exhibited. A large portion of the brave and gallant officers and men I commanded would cheerfully have contested until the last cartridge had been expended, and the bayonets worn to the sockets. I could not consent to the useless sacrifice of such brave men, when I knew it was impossible for me to sus tain my situation. It was impossible in the nature of things that an army could have been furnished with the necessary supplies of provision, military stores, clothing, and comforts for the sick, on pack horses, through a wilderness of two hundred miles, filled with hostile savages. It was impos sible, sir, that this little army, worn down by fatigue, by sickness, by wounds and deaths, could have supported it self not only against the collected force of all the northern nations of Indians, but against the united strength of Upper Canada, whose population consists of more than twenty times the number contained in the territory of Michigan, aided by the principal part of the regular forces of the pro vince, and the wealth aud influence of the North-West, and other trading establishments among the Indians, which have in their employment, and under their entire control, more than two thousand white men. Before I close this despatch it is a duty I owe my res pectable associates in command, Colonels M Arthur, Find- HISTORY OF THE WAR. ley, Cass, and lieut. Col. Miller, to express my obligations to them tor the prompt and judicious manner in which they Jiave performed their respective duties. If aught has taken place during the campaign which is honorable to the army, these officers are entitled to a large share of it. If the last> act should be disapproved, no part of the censure belongs, to them. I have likewise to express my obligation to Gen< Taylor, who has performed the duty of quarteivm aster- General, for his great exertions in procuring every thing in his department which it was possible to furnish for the con venience of the army; likewise to brigade-major Jessup for the correct and punctual manner in which he has dis charged his duty ; and to the army generally for their ex* ertion, and the zeal they have manifested for the public in terest. The death of Dr. Foster, soon after he arrived at Detroit, was a severe misfortune to the army ; it was in creased by the capture of the Chachaga packet, by which the medicine and the hospital stores were lost. He was commencing the best arrangements in the department of which he was the principal, with the very small means which he possessed. I was likewise deprived of the ne cessary services of Capt. Partridge, by sickness, the only- officer of the corps of engineers attached to the army. All the officers and men have gone to their respective homes, excepting the 4th U. States regiment, and a small part of the first, and Capt. Dyson s company of artillery. Capt, Dyson s company was left at Amherstburg, and the others are with me prisoners they amount to about 340. I have only to solicit an investigation of my conduct, as early as my situation, and the state of things will admit ; and to add the further request, that the government will not be un mindful of my associates in captivity, and of the families of those brave men who have fallen in the contest. I have the honor to be, &c. W. HULL. [ENCLOSED IN THE PRECEDING DISPATCH.] SANDWICH, August?, 1812. SIR On the 4th inst. Major Yanhorn, of Col. Findley s regiment of Ohio volunteers, was detached from this army, with the command of 200 men, principally riflemen, to pro- seed to the river Raisin, and further, if necessary, to met* HISTORY OF THE WAK. 126 and reinforce Capi. Brush, of the state of Ohio, command ing a company of volunteers, and escortn g prov.siv 1= for this army. At Brownstown a large body of Ifj.i:-riis had formed an ambuscade, and the Major s detachment received a heavy fire, at the d stance or fifty yards from the en-my. The whole detachment retreated isi disorder. Major Van- horn made every exertion to form, and prevent the retreat, that was possible for a brave and g-dlant officer, but Without success. Bv the return of killed ai.d wounded, it will be perceived that the loss of oncers was uncommonly great. Their efforts to rally their companies was the occasion of it. I am, very respectfully, yours, &c, WILLIAM HULL. Killed, in Major Vanliorn s defeat i Captains 1 Lieu tenant -2 Ensigns 10 privates total 17. [ENCLOSED IN THE PKECEDING DISPATCH.] DETKOIT, i:3tii August, 1812. SIR The main body of the army having re crossed the river at Detroit, on the night and morning of the 8th, mst. six hundred men were immediately detached under the com mand of Lieut. Col. Miller, to open the communication to the river Raisin, and protect the provisions, which were under the escort of Capt. Brush. This detachment consist ed of the 4th U. States regiment, and two small detachments under the command of Lieut. Stansbury and Ensign M Labe of the 1st regiment; detachments from the Ohio and Michigan volunteers, a corps of artillerists, with one six-pounder and an howitzer under the command of Lieut. Eastman, and a part of Captains Smith and Sloan s Cavalry, commanded by Capt. Sloan of the Ohio volunteers. Lieut. Col. Miller marched from Detroit on the afternoon of the 8th instant, and on the 9th, about four o clock p. M. the van guard, commanded by Capt. Snelling of the 4th IL States regiment, was tired on by an extensive line of Bri tish troops and Indians at the lower part of the Maguago about fourteen miles from Detroit. At this time the main body was marching in two columns, and Capt. Snelling maintained his position in a most gallant manner, under a very heavy fire, until the line was formed and advanced to the ground he occupied, when the whole, excepting the rear guard, was brought into action. 126 HISTORY OF THE WAR. The enemy were formed behind a temporary breast work of log s, the Indians extending in a thick wood on their left. Lt. Col. Miller ordered his whole line to advance, and when within a small distance of the enemy, made a general discharge, and proceeded with charged ba\onets, when the British line and Indians commenced a retreat They were pursued in a most vigorous manner about two miles, and the pursuit discontinued only on account of the fatigue of the troops, the approach of evening, and the necessity of re turning to take care of the wounded. The judicious ar rangements made by Lt Col. Miller, and the gallant man ner in which they were executed, justly entitle him to the highest honor. From the moment the line commenced the fire, it continually moved on, and the enemy maintained their position until forced at the point of the bayonet. The Indians on the left, commanded by Tecumseh, fought with great obstinacy, but were continually forced and compelled to retreat. The victory was complete in every part of the line, and the success would have been more brilliant had the cavalry charged the enemy on the retreat, when a most favorable opportunity presented. Although orders were given for the purpose, unfortunately they were not execut ed. Majors Vanhorn and Morrison, of the Ohio volunteers, were associated with Lt. Col. Miller, as field officers in this command, and were highly distinguished by their exertions in forming the line, and the firm and intrepid manner they led their respective commands into action. Capt. Baker, of the 1st. Capt Brevort, of the 2d. and Capt. Hull, of the 13th, my aid-de-camp, and Lieut. Whist ler, of the 1st Regt U. S. Infantry, requested permission to join the detachment, as volunteers. Lieut Col. Miller as signed commands to Capt. Baker and Lieut. Whistler 5 and Capts. Brevort and Hull, at his request, attended his person and aided him in the general arrangements. Lieut. Colonel Miller has mentioned the conduct of these officers in terms of high approbation. In addition to the captains who have been named, Lt. Col. Miller has mentioned Capts. Burton and Fuller, of the 4th Regt. Capts. Saunders and Brown, of the Ohio Volunteers, and Capt Delandre, of the Michigan Volunteers, who were attached to his command and dis tinguished by their valor. It is impossible for me, in this communication to do justice to the officers and soldiers, wfea HISTORY OF THE WAR. 127 gained the victory which I have described. They have ac quired high honor to themselves and are justly entitled to the gratitude of their country. Major Muir, of the 41st Regt. commanded the British in this action. Their regulars and volunteers consisted of about 400, and a large number of Indians. Major Muir, and two subalterns were wounded, one of them since dead. The militia and volunteers attached to his command, were in the severest part of the action, and their loss must have been great it has not yet been ascertained. I have the honor to be, &c. WM. HULL. AMERICAN LOSS. Killed 18 Wounded 57. BRITISH LOSS. Killed 51 Wounded 65 Prisoners 4. GENERAL ORDERS. H. Q. Detroit, Any. 16, 1812. It is with pain and anxiety that Brigadier General Hull announces to the North- Western army, that he has been compelled from a sense of duty, to agree to the following articles of capitulation. Camp Detroit, Aug. 16, 1812. Capitulation of surrendering fort Detroit, entered into between Major-General Brock, commanding his Britannic majesty s forces, of the one part, and Brig. General Hull, commanding the North- Western army of the U. States, of the other part : Article 1st. Fort Detroit with all the troops, regulars as well as militia, will be immediately surrendered to the Bri tish forces under command of Major-General Brock, and will be considered as prisoners of war, with the exception of such of the Militia of the Michigan territory, who have, not joined the army. Article 2d. All public stores, arms, and public . docu ments, including every thing else of a public nature, will be immediately given up. Article 3d. Private persons and private property of every description will be respected. Article 4th. His excellency Brig. General Hull, having expressed a desire that a detachment from the state of Ohio, on its way to join the army,, as well as one sent from fort HISTORY OF T4IE WAR. Detroit, under the command of Col. M Arthur, should be, included in the above stipulation, it is acordingiy agreed to. It is, however, to be understood, that such parts of the Oh .o militia as have not joned the army, will be permitted to return home on condition that they will not serve during the var their arms, however, will be delivered up if be longing to the public. Article 5th. The garrison will march out at the hour of 12 o clock this day, and the British forces will take imme diate possession of the fort. J. M DOWEL,Lt. Col. Militia B. A. D. C. I. B. GREGG, Major A. D. C. (Approved) WILLIAM HULL, Brig. Gen. JAMES MILLER, Lt. Col. 5th U. 8. Infantry. E. BRUSH, Col. 1st. Regt. Michigan Militia. (Approved) ISAAC BROCK, Maj. Gen. The army at 12 o clock this day will inarch out of the east gate, where they will stack their arms, and will be then subject to the articles of capitulation. WILLIAM HULL, Brig. Gen. Colonel Cass to the Secretary of War. WASHINGTON, Sept. 10, 1812. SIR Having been ordered onto this place by Col, M Arthur, for the purpose of communicating to the govern ment particulars respecting* the expedition lately command ed by Brig. General Hull, and its disastrous result, as might enable them correctly to appreciate the conduct of the officers and men ; and todevelope the causes which pro duced so foul a stain upon the national character, I have the honor to submit for your consideration, the following statement. When the forces landed in Canada, they landed with an ardent zeal and stimulated with the hope of conquest. No enemy appeared within view of us, and had an immediate and vigorous attack been made upon Maiden, it would doubtless have fallen an easy victory. 1 know I: en. Hull afterwards declared he regretted this attack had not been made, and he h;ul every reason to believe success would have crowned his efforts. The reason given for delaying* our operations was to mount our heavy cannon, and to af ford to the Canadian militia time and opportunity to HISTORY OF THE WAR. 1:29 un obnoxious service. In the course of two weeks the number of their militia, who were embodied, had decreas ed by desertion from six hundred to one hundred men ; and in the course of three weeks, the cannon were mounted, the ammunition fixed, and every preparation made for an immediate investment of the fort. At a Council, at which were present all the field officers, and which was held two days before our preparations were completed, it was una nimously agreed to make an immediate attempt, to accom plish the object of the expedition. If by waiting two days we could have the service of our heavy artillery, it was agreed to wait: if not, it was determined to go without it, and attempt the place by storm. This opinion appeared to correspond with the views of the General, and the day was appointed for commencing our march. He declared to me, that he considered himself pledged to lead the army to Maiden. The ammunition was placed in the waggons ; the cannon embarked on board the floating batteries, and every requisite article was prepared. The spirit and zeal, the ardor and animation displayed by the officers and men, on learning the near accomplishment of their wishes, was a sure and sacred pledge, that in the hour of trial they would not be found wanting in their duty to their country and themselves. But a change of measures, in opposition to the wishes and opinions of all the officers, was adopted by the General. The plan of attacking Maiden was aban doned, and instead of acting offensively, we broke up our camp, evacuated Canada, and re- crossed the river, in the ivght, without even the shadowof an enemy to injure us. We left to the tender mercy of the enemy the miserable Canadians who had joined us, -and the protect ion we afforded them was but a passport to vengeance. This fatal and unaccounta ble step dispirited the troops, and destroyed the little con fidence which a series of timid, irresolute, and indecisive measures had left in the commanding officer. About the 10th of August, the enemy received a rein forcement of four hundred men. On the 12th, the com manding officers of three of the regiments, (the fourth was absent) were informed through a medium which admitted of no doubt, that the General had stated that a capitulation would be necessary. They on the same day addressed to Governor Meigs of Ohio, a letter of which the following is an extract 17 130 HISTORY OF THE WAR. * Believe all the bearer will tell you. Believe it, however it may astonish you, as much as ifithadbeentoldyou by one of us. Even a c n, is talked of by the The bearer will Jill the vacancy. The doubtful fate of this letter rendered it necessary to use circumspection in its details, and therefore these blanks were left. The word * capitulation will fill the first, and < commanding general the other. As no enemy was near us, and as the superiority of our force was manifest, we could see no necessity for capitulating, nor any propriety in alluding to it. We therefore determined in the last re sort to incur the responsibility of divestmg the General of his command. This plan was eventually prevented by two of the commanding officers of regiments being ordered upon detachments. On the 13th the British took a position opposite to De troit, and began to throw up works. During that and the two following days, they pursued their object without in terruption, and established a battery for two 18 pounders and an 8 inch howitzer. About sunset on the evening" of the 14th, a detachment of 350 men from the regiments com manded by Col. M Arthur and myself, was ordered to march to the river Raisin, to escort the provisions, which had some time remained there protected by a party under the command of Capt. Brush. On Saturday, the loth about 1 o clock, a flag of truce arrived from Sandwich, bearing a summons from General Brock for the surrender of the town and fort of Detroit, stating he could no longer restrain the fury of the savages. To this an immediate and spirited refusal was returned. About four o clock their batteries began to play upon the town. The fire was returned and continued without inter ruption and with little effect till dark. Their shells were thrown till eleven o clock. At day-light the firing on both sides re-commenced; about the same time the enemy began to land troops at the Spring wells, three miles below Detroit, protected by two of their armed vessels. Between 6 and 7 o clock they had effected their landing, and immediately took up their line of march. They moved in close column of platoons, twelve in front, upon the bank of the river. HISTORY OF THE WAR. 131 The fourth regiment was stationed in the fort ; the Ohio volunteers and a part of the Michigan militia, behind some pickets, in a situation in which the whole flank of the ene- inv would have been exposed. The residue of the Michi gan militia were in the upper part of the town to resist the incursions of the savages. Two 24 pounders, loaded with grape shot, were posted on a commanding eminence, ready to sweep ti,e advancing column. In this situation the su periority of our position was apparent, and our troops, in the eager expectation of victory, awaited the approach of the e em;.-. Not a discontent broke upon the ear ; not a look of cowardice met the eye. Every man expected a proud day for his country, and each was anxious that his ind;\ idual exertion should contribute to the general result. When the head of their column arrived within about live hundred yards of our line, orders were received from Gen. Hull for the whole to retreat to the fort, and for the 24 pounders not to open upon the enemy. One univer sal burst of indignation was apparent upon the receipt of this order. Those, whose conviction was the deliberate result of a dispassionate examination of passing events, saw the folly and impropriety of crowding 1100 men into a lit tle work, which 300 men could fully man, and into which the shot and shells of the enemy were falling. The fort was in this manner tilled ; the men were directed to stack their arms, and scarcely was an opportunity afforded of moving. Shortly after, a white flag was hung out upon the walls. A British officer rode up to enquire the cause. A communication passed between the commanding Generals, which ended in the capitulation submitted to you. In en tering into this capitulation, the General took counsel from his own feelings only. Not an officer was consulted. Not one anticipated a surrender, till he saw the white flag dis played. Even the women were indignant at so shameful a degradation of the American character, and all felt as they should have felt, but /* who held in his hands the reins ot authority. Our morning report had that morning made our effec tive men present, fit for duty 1000, without including the detachment before alluded to, and without including 300 of the Michigan militia on duty. 132 HISTORY OF THE WAR. About dark on Saturday evening- the detachment sent to escort the provisions, received orders from Gen. Hull to re turn with as much expedition as possible. About ten o clock the next day they arrived within sight of Detroit. Had a firing been heard, or any resistance visible, they would have immediately advanced and attacked the rear of the enemy. The situation in which this detachment was placed, although the result of accident, was the best for annoying the enemy and cutting off his retreat that could have been selected. With his raw troops enclosed between two fires, and no hopes of succor, it is hazarding little to say, that very lew would have escaped. I have been informed by Col. Findley, who saw the re turn of their quarter-master General the day after the sur render, that their whole force of every description, white, red, and black, was 1030. They had twenty-nine platoons, twelve in a platoon, of men dressed in uniform. Many of these were evidently Canadian militia. The rest of the militia increased their white force to about seven hundred men. The number of their Indians could not be ascer tained with any degree of precision ; not many were visible. And in the event of an attack upon the town and fort, it was a species of force which could have afforded no mate rial advantage to the enemy. In endeavoring to appreciate the motives, and to investi gate the causes, which led to an event so unexpected and dishonorable, it is impossible to find any solution in the re lative strength of the contending parties, or in the measures of resistance in our power. That we were far superior to the enemy ; that upon any ordinary principles of calcu lation we could have defeated them, the wounded and in dignant feelings of every man there will testifj. A few days before the surrender, I was informed by Gen. Huls, we had 400 rounds of 24 pound shot fixed, and about 100,000 cartridges made. We surrendered \vith the iort,40 barrels of powder, and 2500 stand of arms. The state of our provision has not been generally under stood. On the day of the surrender we had fifteen days provisions of every kind on hand. Of meat there was plenty in the country, and arrangements had been made for pur chasing grain arid grinding it to flour. It was calculated we could readily procure three months 7 provisions, indepen- HISTORY OF THE WAR. 133 dent of 150 barrels of flour, and 1300 head of cattle, which had been forwarded from the state of Ohio, and which re mained at the river Raisin, under Capt. Brush, within rfeach of the army. But had we been totally destitute of provisions, our duty and our interest undoubtedly was to fight. The enemy invit ed ns to meet him in the field. By defeating- him the whole country would have been open to us, nnd the object of our expedition gloriously and successfully obtained. If we had been defeated we had nothing to do but to retreat to the fort, and make the best defence which circumstances and our situation rendered practicable. But basely to surrender, without firing a gun tamely to submit, without raising a bayonet disgrace fully to pass in review before an enemy, as inferior in the quality, as in the number of his forces, were circumstances, which excited feelings of indignation more easily felt than described. To see the whole of our men flushed with the hope of victory, eagerly awaiting the approaching contest, to see them afterwards dispirited, hopeless, and desponding, at least 500 shedding tears, because they were not allowed to meet their country s foe, and to fight their country s bat tles, excited sensations, which no American has ever be fore had cause to feel, and which, I trust in God, will never again be felt, while one man remains to defend the stand ard of the Union. I am expressly authorised to state, that Col. M Arthur and Col. Findley, and Lieut. Col. Miller, viewed tiiis trans action in the light which I do. They know and feel, that no circumstance in our situation, none in that of the enemy, can excuse a capitulation so dishonorable and unjustifiable. This too, is the universal sentiment among the troops ; and I shall be surprised to learn, that there is one man, who thinks it was necessary to sheath his sword, or lay down his musket. I was informed by Gen. Hull the morning after the ca pitulation, that the British forces consisted of 1800 regulars, and that he surrendered to prevent the effusion of human blood. That he magnified their regular force nearly five fold, there can be no doubt. Whether the philanthropic reason assigned by him is a sufficient justification for sur rendering a fortified town, an army, and a territory, is for 134 HISTORY OP THE WAR. the government to determine. Confident I am, that had the courage and conduct of the General been equal to the spirit and zeal of the troops, the event would have been as brilliant and successful as it now is disastrous and dishon orable. Very respectfully sir, I have the honor to be, &c. LEWIS CASS. Col. 3d. regiment Ohio volunteers. [By the following Proclamation, it appears that Gen. Hull surrendered the whole of Michigan Territory, to Gen. Brock, although he has never made public any doc ument to that effect /] PROCLAMATION. By Isaac Brock, Esq. Major-General, commanding his ma jesty s forces in the province of Upper Canada. Whereas the Territory of Michigan was this day by capitulation, ceded to the arms of his Britannic majesty, without any other condition than the protection of private property ; and wishing to give an early proof of the mo deration and justice of the government, I do hereby an nounce to all the inhabitants of the said Territory that the laws heretofore in existence shall continue in force until his majesty s pleasure be known, or so long as the peace and safety of the Territory will admit thereof. And I do here by also declare and make known to the said inhabitants that they shall be protected in the full exercise and enjoy ment of their religion ; of which all persons, both civil and military, will take notice and govern themselves accor dingly. Ail persons having in their possession, or having any knowledge of any public property, shall forthwith deliver in the same, or give notice thereof to the officer comman ding, or to Lt. Col Nichol, who are hereby authorized to receive and give proper receipts for the same. Officers of militia will be held responsible that all arms in possession of militia-men be immediately delivered up ; and all individuals whatever, who have in their pos- ^ession arms of any kind, will deliver them up without de lay. Given under my hand at Detroit, this 16th day of August, 1812, and in the 52d year of his majesty s reign. ISAAC BROCK, Major-General. J. M DONNEIX, Lt. Col, Militia & A. D. C u HISTORY OF THE WAR. A CARD. Colonel Symmes, of the senior division of the Ohio mi litia, presents his respectful compliments to Major-General Brock, commanding his Britannic majesty s forces, white and red in Upper Canada. Colonel Symmes, observing, that by the 4th article of the capitulation of Fort Detroit to Major-General Brock, all public arms moving towards Fort Detroit, are to be deliv ered up, but as no place of deposit is pointed out by the capit ulation, forty thousand stand of arms coming within the description, are at the service of Major-General Brock if his excellency will condescend to come and take them. TRIAL OF GENERAL HULL. Adjt.and Inspt. Gen. Office, Washington, April 26, 1814. GENERAL ORDER. The proceeding of the court martial, in the case of Wm. Hull, brigadeir-general in the army of the U. States, hav ing been submitted to the President of the U. States, and having been approved by him, the following extract there from is ordered to be read at the head of each regiment of the army, and to be published in the National Intelligencer of this citv. By order, (Signed; .1. B. WALBACH, Adjl. General At a general court martial (ordered by the President of the U. States) convened at Albany, in the state of N. York, on the 3d day of January, one thousand eight hundred and fourteen, and continued by adjournments, to the twenty- fifth day of March following, brigadier-General YVm. Hull, of the army of the U. States, was tried on the following charges a*nd specifications, viz : CHARGE I. Charged Gen. Hull with treason against the U. States, between the 9th of April and 17th, of August, one thousand eight hundred and twelve. Specification JirsL Charged Gen. Hull with hiring an unarmed vessel, to convey his baggage, and papers, with the Declaration of War, his muster rolls, and instructions from the Secretary of War, from the Miami of the Lake to Detroit, for the purpose of falling into the hands of the Bri tish, Avhich they captured the same day. with all on board ; and of holding traitorous correspondence with the enemy on the first d:\y of July, 1S12, while at ihe said Miami oj the Lake, 136 HISTORY OF THE WA&. Specification second. Charged Gen. Hull, of unofficer like and traitorous conduct, in neglecting 1 to march his whole army, after he arrived at Sandwich, and take, or attempt to take fort Maiden; and finally in conspiring with our enemies to quit and abandon the Province of Upper Canada on the 8th day of August ; and of again holding correspondence with our enemies, and causing the army tu recross the river to Detroit. Specification third. Charged Gen. Hull of traitorously conspiring and shamefully surrendering fort Detroit, with all the troops public stores, arms, and public Documents, on the 16th day of August, 1812, to the British forces. CHARGE II. Charged Gen. Hull with cowardice, at and in the neighbourhood of Detroit between the 1st of July, and the 17th of August, 1812, Specification first. Charged Gen. Hull with misbehav iour before the enemy, and shamefully manifesting an undue fear and apprehension of danger by a course of conduct and conversation evincing personal alarm, agitation of mind, and privation of judgment by hastily abandoning their territory, without any just or sufficient cause whatever Specification second. Charged Gen. Hull on the 15th of August with personal misbehaviour and fear before the en emy, after they had commenced their cannonade on De troit, by a course of conduct, and particularly by various timid and cowardly actions and expressions used and uttered in the presence of the army, as well "in the public street of Detroit, as in posts and batteries near thereto. Specification third. Charged Gen. Hull on the loth of August, with personal fear and cowardice, by avoiding all personal danger, or making an attempt, to prevent the en emy s crossing the river, or to prevent their landing by avoiding all personal danger, irom reconnoitering or en countering the enemy on their march towards fort Detroit, and by hastily sending flags of truce to the enemy with overtures for capitulation ; by anxiously withdraw ing his person from the American troops to a ;>bce of safety : by forbidding the artillery to tire on the enemy ; by calling in the troops, and crowding them into thefort ; by a precipitate declaration to the enemy that he surrendered, before terms of capitulation were signed, considered, or even suggested. Specification fourth. -Charg-ed Gen. Hull, with shame- HISTORY OF THE WAR. 137 fully and cowardly surrendering a fine army, in high spirits, well supplied with ammunition, arms, and provisions, by a disgraceful capitulation with the enemy, containing 1 no stip ulation tor the security and protection of such of the inha bitants of Upper Canada, as had joined the American stan dard ; whereby the territorial sovereignty, rights, and prop erty, were shamefully ceded to the enemy ; a brave and patriotic army wantonly sacrificed to the personal fear of the commander, and the service of the U. States suffered a great and afflicting loss. Cii^KGE ill Charged Gen. Hull with neglect of duty and unofficerlike conduct, while commanding* a separate army, between the 9th of April, and the 17th of August, 1812. Specification First Charged Gen. Hull with unofficer like conduct, in neglecting and omitting to train, inspect, exercise, and order, the army under his command, where by the army was exposed, to the hazard of disorder and de feat, in the event of an attack being made thereon by the enemy. Specification Second Charged Gen. Hull with neglect of duty and unofficerlike conduct, by hiring, or causing to be hired, an unarmed vessel to convey his baggage and pa pers, with his sick soldiers, and medicine stores, to Detroit, from the Miami of the Lake, on which passage the vessel and all o>\ board fell into the hands of the enemy, inform ing him of the declaration of war, and the number, state, and condition of the army, to the great injury of the U. States. Specification Third Charged Gen. Hull with neglect of duty in neglecting to repair fort Detroit, and its arma ment, on his arrival, in such a manner as to be able to repel, and put to flight an enemy, in the event oi an invasion and attack. Specification Fourth Charged Gen. Hull, with declai- ing and avowing an intention to invade the British province, and to invest and attack fort Maiden, in the said province, and having taken possession of Sandwich, was guilty of neglect of duty, and unofficerlike conduct, in neglecting- seasonably to repair, and have transported the guns, and gun carriages, which were necessary for the operations of the army against fort Maiden ; by postponing in the first 18 HISTORY OF THE WAIl. instance, and by abandoning 1 in the next, an investment and attack upon fort Maiden; and finally evacuating Upper Canada, without providing- effectually in any respect, tor the safety of the inhabitants thereof, who had accepted his invitation to join the American standard : and without at tempting to accomplish his avowed design. Specification Fifth Charged Gen. Hull, of neglect of duty by not keeping" open the communication between fort Detroit, and a military post at the river Raisin, which enabled the enemy totally to interrupt, and cut off all com munications between said military posts, to the great dis advantage of the U. States service. Specification Sixth Charged Gen. Hull, with neglect of duty, in neglecting and omitting to maintain a bridge over the river Aux- Cannard, which afforded a fair oppor tunity for investing, and attacking fort Maiden, whereby a prospect of a successful investment and attack upon the fort speedily vanished. Specification Seventh Charged Gen. Hull, with neglect of duty in not erecting batteries at the spring Wells, or pre venting the enemy from erecting them on the opposite side of the river, whereby they were enabled to annoy fort De troit, and to protect their army across the river, and enabled them to attack fort Detroit without opposition or loss, and to approach the said fort Detroit with the air and confidence of triumph. A. J. DALLAS, Judge Adcocale. January 5, 1814. The court met at the capitol pursuant to adjournment. PRESENT All the members. General Hull having appeared, the charges and specifications were read to him by the judge advocate, and being asked if he was ready to plead to them, answered that he mas, and that he pleaded not guilty to all the charges and specifica tions. March 25, 1814. All the evidence being read, (whether on the part of the prosecution or the defence,) applicable to the first charge, and the specifications attached to that charge, and after due deliberation had thereon, the court express the following opinion : HISTORY OF THE WAR. 139 The accused having in his final defence, protested against the jurisdiction of the court to try the charge of treason, and the opinion of the court being, that the objec tion would have been tenable, if the sauife had been pleaded by the accused on his arraignment ; and believing also, that the court cannot acquire jurisdiction of the -offence by the waver or consent of the accused, they decline making any formal decision on that charge. The evidence on the sub ject having, however, been publicly given, the court deem it proper, in justice to the accused, .to say, that they do not believe from any thing that has appeared before them, that brigadier-general William Hull has .committed treason against the U. States. On Jhe second charge, and the specifications attached te that charge, (after hearing all the evidence and defence, and after due deliberation thereon,) the court find briga dier-general William Hull guilty of the Jirsl, second and fourth specifications under that charge ; and also guilty o(* the third specification under that charge, except that part which charges the said brigadier-general William Hull with " forbidding the American artillery to tire on the enemy on their march to wards the said fort Detroit." The court find the said brigadier-general William Hull guilty of the second charge. On the third charge, the court after having heard the evidence, (as well as the defence,) and after due delibera tion, find the said brigadier-o-eueral William Hull guilty of neglect of duty, and un officer- like conduct, as charged in the first specification under this charge, in omitting, with sufficient care and frequency, to inspect, train, exercise, and order, and to cause to be trained, inspected, exercised and ordered the troops under his command, from the sixth day of July, until the seventeenth day of August, 18 12 : and acquit him of the residue of the charge contained in that specification. The court acquit the said brigadier- general William Hull of the second and third specifications of the same charge. The court find the said brigadier-general William Hull guilty of the whole of the fourth specification of that charge, except that part which charges him with not seasonably re pairing-, fitting, and transporting, or causing to be fitted., n 140 HISTORY OF THIS WAR. paired, and transported, the guns and gun-carriages which were necessary to the operations of the war in the said British province of Upper Canada. The court tind the said brigadier-general William Hull guilty of so much of the fifth specification to that charge as relates to neglect of duty and unofticer-like conduct, in suffering his communication with the river Raisin arid the state of Ohio, to be cut off, and sending major Van Horn to attempt to open the same with an adequate force ; he the said brigadier-general William Hull, having reason to know or believe the same was insufficient; and the court acquit him of the residue of that specification. The court find the said brigadier-general W r illiam Hull guilty of the sixth and seventh specifications of that charge* The court find the said brigadier general William Hull guhty of the third charge. The court then adjourned to meet to-morrow morning at 10 o clock. March 26, 1814, The court met pursuant to adjournment. PRESENT Alt the members. The court, in consequence of their determination respec ting the second and third charges, and the specifications under these charges, exhibited against the said brigadier- general William Hull, and after due consideration, do sentence him to be SHOT to deat/i t two thirds of the court concurring in the sentence. The court, in consideration of brigadier-general Hull s revolutionary services, and his advanced age, earnestly re commend him to the mercy of the President of the II States. The court then adjourned to meet on Monday morning next, at 10 o clock March28, 1814. The court met pursuant to adjourn ment. PRESENT All the members. The proceedings having been read over, and approved and signed by the President, the court then adjourned, sine die. H. DEARBORN. President of the court. M. V. BUREN, special judge advocate. PHILIP S. PARKER, Aty*/ judge advocate, assistant. April 25, 1814 The sentence of the Court is approved, and the execution of it remitted. JAMES MADISON, HISTORY OF THE WAR. 141 By directions of the court martial the President gave the following directions to General Hull : Albany, March 28, 1814. Sir You will please return to your usual place of residence in Massachusetts, and there continue until you shall receive orders from the Pre sident ot the United States. Your humble servant, H. DEARBORN, President of the court martial. Acljt. ami Insp. General s office, Washington Apr. 25 1814. GENERAL ORDER The roll of the army is not to be longer dishonored by having- upon it the name of brigadier General William Hull. The general court martial of which Major- General Dearborn is President, is hereby dissolved. By order, J. B. WALBACH, Adjt. Gen. PORTER S VICTORY. Capt. Porter to the Secretary of the Navy. U. S. F. Essex at sea, August 17, 1812. SIR I have the honor to inform you that on the 13th inst. his Britannic majesty s sloop of war Alert, Capt. T. P. Laugharne, ran down on our weather quarter, gave three cheers, and commenced an action (If so trifling a skirmish deserves the name) and after 8 minutes tiring struck her colors, with 7 feet water in her hold, and much cut to pieces, and three men wounded. I need not inform you that the officers and crew of the Essex behaved as 1 trust all Americans will in such cases, and it is only to be regretted that so much zeal and activi ty could not have been displayed on an occasion which would have done them more honor. The Essex has not re ceived the slightest injury. The Alert was out for the purpose of taking the Hornet! I have the honor to be, &c. DAYID PORTER. Capt. Porter to the Secretary of the Navy. U. S. F. Essex, at sea, August 20. SIR Finding myself much embarrassed by the Alert, from the great number of prisoners we have already made, [about 500] I concluded that before our arrival in America, the number would be considerably augmented, and as soon as I found my provisions and water getting* short, and be- 142 HISTORY OF THE WAR, ing well satisfied that a plan had been organized by them for rising on the ship in the event of an engagement ; I consid ered it to be the interest of my country to get clear of them as speedily as possible, particularly as I was well assured that immediately on their arrival in St. Johns an equal number of my countrymen would he released and find .a sure and immediate conveyance. I therefore drew up written stipulations corresponding with the accompanying letters ; threw all the guns of the Alert overboard ; with drew from her all the men belonging to the Essex; ap pointed Lieut. J. P. WUner to command her as a cartel, put ail my prisoners on board of her, and dispatched her for St. Johns, in Newfoundland, with Borders to proceed from thence to New-York with such Americans as he may receive in exchange, At a more suitable opportunity I shall do myself the honor to lay before you copies of every paper relative to this transaction, and sincerely hope that my conduct in this affair may meet with your approbation. As the Essex has been so annoying about Bermuda, No va Scotia, and Newfoundland, I expect I shall have to run f he gauntlet through their cruisers ; you may however rest assured that all a ship of her size can do shall be done, and whatever may be our fate, our countrymen shall never l)lush for us. I have the honor to be, &c. D. PORTER, Capl. Taylor to Gen. Harrison. FORT HARRISON, Sept. 10, 1812. Dear Sir On Thursday evening, the 3d inst. after re- ireat beating, four guns were heard to fire in the direction where two young- men (citizens who resided here) were making hay, about 400 yards distant from the fort. I was immediately impressed with an idea that they were killed by the Indians, as I had that day been informed that the Prophet s party would soon be here for the purpose of com mencing hostilities. Prudence induced me to wait until 8 o clock the next morning, when I sent out a corporal with a small party to find them, which he soon did; they had been each shot with two balls, and scalped and cut in the most shocking manner. I had them brought in and buried. HISTORY OF THE WAR. In the evening of the 4th inst. old Joseph Lenar, and be tween 30 and 40 Indians arrived from the Prophet s town, with a white flag ; among whom were about ten women : the men were composed of chiefs of the different tribes that compose the Prophet s party. A Shawanoe man, that; spoke good English, informed me that old Lenar intended to speak tome next morning, and try to get something to eat. At retreat beating, I examined the men s arms, and found them all in good order, and completed their cartridges to 10 rounds per man. As I had not been able to mount a guard of more than six privates and two non-commissioned officers, for some time past, and sometimes part of them every other day, from the unhealthiness of the company ; I had not conceived my force adequate for the defence of this post, should it be vigorously attacked. I had just re covered from a very severe attack of the fever, and was not able to be up much through the night. After tattoo I cautioned the guard to be vigilant, and ordered one of the non-commissioned officers, as centinels could not see every part of the garrison, to walk around on the inside during the whole night, to prevent the Indians taking any advan tage of us, provided they had any intention of attacking us. About 1.1 o clock, I was awakened by the tiring of one of the centinels ; 1 sprang up, run out, and ordered the men to their posts ; when my orderly sergeant (who had charge of the upper blockhouse) called out that the Indians had fired the lower block house (which contained the property of the contractor, which was deposited in the lower part, the upper part having been assigned to a corporal and ten privates, as an .alarm post.) The guns had begun to fire pretty smartly from both sides. 1 directed the buckets to be got ready, and wates 1 brought from the well, and the fire extinguished immediately, as it was hardly perceivable at that time; but from debility or some other cause, the men were very slow in executing my orders the word^/zre ap peared to throw the whole of them into confusion ; and by the time they had got the water, and broken open the door, the tire had unfortunately communicated to a quantity of whiskey (the stock having licked several holes through the lower part of the building, after the salt that was stored there, through which they had introduced the tire without discovered, as the night was very dnrk.) and in s 144 HISTOUT or THE WAR. of every exertion we could make use of, in less than a hio ment it ascended to the roof and baffled all onr efforts te ex tinguish it. As that block house adjoined the barracks that make part of the fortifications, most of the men imme diately gave themselves up for lost, and I had the greatest difficulty in getting any of my orders executed - and, sir. what from the raging of the fire the yelling and howling of several hundred Indians the cries of nine women and children v a part soldiers and a part citizens wives, who had taken shelter in the fort) and the desponding of so many of the men, which was worse than all, I can assure you that my feelings were very unpleasant; and indeed there were not more than 10 or 15 men able to do a great deal, the others being either s.ck or convalescent and to add to our other misfortunes, two of the stoutest men in the fort, and that I had every confidence in, jumped the picket and left us. But my presence of mind dm not for a moment for sake me. I saw, by throwing off part of the roof that join ed the block house that was on iire, and keeping the end perfectly wet, the whole row of buildings might be saved, and leave only an entrance of 18 or 20 feet for the Indians to enter after the house was consumed ; and that a tempo rary breast-work might be erected to prevent their even entering there. I convinced the men that this could be ^? accomplished, and it appeared to inspire them with new- life, and never did men act with more firmness and despe ration. Those that were able (while the others kept up a constant fire from the other block house, and the two bas tions) mounted the roofs of the houses with Dr. Clark at their head, uho acted with the greatest firmness and pre sence of mind, the whole time the attack lasted, which was 7 hours, under a shower of bullets, and in a moment threw off as much of the roof as was necessary. This was done only with the loss of one man. and two wounded, and I am in hopes neither of them dangerous. The man that \vns killed was a little deranged, and did not get off the house as soon as directed, or he would not have been hurt; and although the barracks were several times in a blaze, and an immense quantity of fire against them, the men used such exertions that they kept it under, and before day raised a temporary breast-work as high as a man s head ; although the Indians continued to pour in a heavy fire of HISTORY OF THE WAtf. 145 , and an innumerable quantity of arrows, during the whole time the attack lasted. I had but one other man kill ed inside the fort, and he lost his life by being too anxious ; he got into one of the gallies of the bastions, and fired over the pickets, and called out to his comrades that he had kill ed an Indian, and neglecting- to stoop down, in an instant he was shot dead. One of the men that jumped the pick ets, returned an hour before day, and running up towards the gate, begged for God s sake for it to be opened. I suspected it to be a stratagem of the Indians to get in, as I did not recollect the voice I directed the men in the bastion, where I happened to be, to shoot him let him be who he would, and one of them fired at him, but fortunately he run up to the other bastion, where they knew his voice, and Dr. Clark directed him to lie down close to the pick ets behind and empty barrel that happened to be there, and at day light I had him let in. His arm was broken in a most shocking manner, which he says was done by the In dians which I suppose was the cause of his returning- I think it probable that he will not recover. The other, they caught about 120 yards from the garrison, ar.d cut him all to pieces. After keeping up a constant tire until about six o clock the next morning, which we returned with some effect; after day light, they removed out of the reach of our guns. A party of them drove up the horses that be longed to the citizens here, and as they could not catch them very readily, shot the whole of them in our sight, as well as a number of their hogs. They drove offihe whole of the cattle, which amounted to sixty-five head, as well as the public oxen. I had the vacancy filled up before night, (which was made by the burning of the block house) with a strong row of pickets, which I got by pulling down the guard house. We lost the whole of our provisions, but must make out to live upon green corn until we can get a supply, which I am in hopes will not be long. I believe the whole of the Miamies, or Weas, were among the Prophet s party, as one chief gave his orders in that lan guage, which resembled Stone Eater s voice, and I believe Negro Legs was there likewise. The Indians suffered smartly, but were so numerous as to take oft all that were shot, Z. TAYLOR. 19 I4t> HISTOUY OF THE WAR, Copy of a letter f ram Major Thomas 8. Jessup andJame& Baylor Q. M. Gen. N. W. Army to a gentleman in Washington City, dated C/dlicothe, (Ohio) Oct. 7, 1812. Sir Your letter lias been received, requesting from us a corroboration of Col. Cass s statement to the Secretary of War, of the surrender of the north- western army. We have read the Colonel s statement with attention, and find it a pretty correct history of our situation, although we have observed that some important facts have been omitted. We have also read and examined the official report of Gen. Hull, and have found it abounding 1 with inaccuracies- and misstattments ; the General has not only underrated his own force, but has, in our opinion, magnified infinitely that of the enemy, and enumerated dangers and difficulties that existed only in imagination. That the means within our power were not properly applied is a melancholy fact ; and that the army was unne cessarily sacrificed, and the American arms disgraced, none but the base and cowardly will atcmpt to deny. You are authorised to make what use you may think proper of this letter, We are with much respect, &c. THOMAS S. JESSUP y Brigade Major N. W. Arm?/. JAMES TAYLOK, Q. M. Gen. N. W. Army. Skirmishing Capt. Williams, on the 30th of August, with 21 men, and two waggons, while proceeding from St. Mary s to St. John s river, was attacked by an ambus cading party of Indians, who killed one man and wounded six, including Capt. Williams, who received seven wounds ; three through one hand, and four in one leg. He effected a retreat about 200 yards to a swamp, where he made a stand, and fought until all the ammunition was expended on both sides, when the Indians made an attempt with their tomahawks, which this little band soon put a stop to, by charging bayonet, and rushing on them. The Indians destroyed one waggon and took the other to carry off their killed and wounded. Capt. Williams then proceeded to St. John s with his well and wounded, excepting one HISTORY OF THE WAR- 117 who was not able to travel. The next day a party of In dians returned to the spot, when the wounded man rose up as well as he could, and called upon his party to rush upon the Indians, which startled them in such a manner that one of them sprung* from his horse, which ilui wounded man caught and arrived safe at St. John s. Capt. Forsyth, with 70 of his rifle company, and 34 mili tia volunteers, on the night r the 20th September, 1812, went over to a small village called Gananoque in the town -of Leeds, from Cape Vincent, far the purpose of destroy ing the kings store house at that place,. They landed un observed, but were soon discovered by a party of regulars of about 12-5, and fired upon. Capt. Forsyth returned the fire with such spirit, that the enemy were obliged to retreat to the village, where they were reinforced .by a uumber of militia, and ugam rallieck but finding the contest too san guine, retreated the secctjdtime in disorder, leaving 10 kill ed and 8 regulars andto. n amber of militia prisoners: Captain Forsyth had o.njy one ihan killed and one slightly wounded. After destroying the store house, with a quantity of flour and pork, our little band of heroes, returned to Cape Vincent, taking with them the prisoners, 60 stand of arms, two barrels ot fixed ammuni tion, one barrel of powder, one barrel of flints, and a quan tity of other public property .taken from the store-house. -.--.- . On the 4th of October, about forty -British boats escorted by two gun boats, attempted to pass from .Johnstown to Prescott, by Ogdensburg. On their leaving Johnstown, the batteries at Prescott opened on Ogdensburg, and kept *ip a brisk fire, which was returned in a spirited manner, and continued two hours. The next morning the enemy commenced a heavy cannonade on us from Prescott, which was continued with little intermission, through the day with out any return from us ; General Brown considered it use less to tire such a distance. The enemy was very busy during the day in preparing for an attack on Ogdensburg the next morning about 10 o clock, 25 boats, aided by two g un boats moved up the river three quarters of a mile, when they tacked and stood over for our shore. As soon as the boats changed their course, the batteries from Pres- ott opened their fire upon us, which was not answered till 148 HISTORY OF THE WAR. the boats had advanced to about the middle of the river, "when our batteries commenced a tremendous lire upon them, which destroyed three, and caused the remainder to seek shelter under the batteries of Prescotl. Cols. Lethridge and Breckenridge, led the British. There was not one man either killed or wounded on our side, whilst the en emy lost twelve killed and twenty wounded. Affair at St. Regis. Major Young, of the Troy, N. Y, militia, stationed at French Mills, on the St. Regis river, having received intelligence that a party of the enemy had arrived at, and taken possession of St. Regis village, march ed a detachment, on the night of the 2 1st October, which crossed the river about 3 o clock, and arrived within half a mile, of the village by 5 in the morning, unobserved by the enemy. Here the Major made such a judicious disposi tion of his force, that the enemy were entirely surrounded, when a few discharges caused them to surrender, after hav ing 5 killed, and several wounded. The result of this af fair .was forty prisoners, with their arms, equipments, &c. one stand of colors, and two batteaux, without having one man hurt, on our side. Major Young had the honor of taking the first standard from the enemy in the present war. Captain Elliot to the Secretary of the Nary. BLACK ROCK, Oct. 9, 1812. SIR I have the honor to inform you that on the morn ing of the 8tn irist. two British vessels, which I was[inform- ed were his Britannic majesty s br ; g Detroit, late the U. States brig Adams, and the brig Hunter, mounting 14 guns, but which afterwards proved to be the brig Caledo nia, both said to be well armed and manned, came down the Lake and anchored under the protection of Fort Erie. Having been on the lines for some time and in a measure inactively employed, I determined to make an attack, and if possible to get possession of them. A strong inducement to this attempt arose from a conviction that with these two vessels added to those which I have purchased and am fit ting out, I should be able to meet the remainder of the Bri tish force on the Upper Lakes, and save an incalculable ex pense and labor to the government. On the morning of their arrival I heard that our seamen were but a short dis- HISTORY OF THE WAR. 149 tance from this place, and immediately dispatched an Ex press to the officers, directing them to use all possible dis patch in getting their men to this place, as I had important service to perform. On their arrival, which was about 12 o clock I discovered that they had only 20 pistols and neither cutlasses nor battle axes. But on application to Generals Smith and Hall of the regulars and militia, I wa,s supplied with a few arms, and ^ en. Smith was so good on my request as immediately to detatch fifty men from the reg ulars, armed with muskets. By 4 o clock in the afternoon, I had my men selected and stationed in i\\ o boats, which I had previously prepared for the purpose. With these boats, 50 men in each, and under circumstances very disadvantageous, my men having scarcely had time to refresh themselves after a fatiguing march of 500 miles, I put oft from the mouth of Buffalo creek, at 1 o clock the following morning, and at o I was along side the vessels. In the space of about ten minutes I had the prisoners all secured, the topsails sheeted home, and the vessels under way. Unfortunately the wind was not sufficiently strong to get me up against a rapid current into the Lake, where I had understood another armed vessel lay at anchor, and I was obliged to run down the river by the Forts, under a heavy fire of round, grape, and canister, from a number of pieces of heavy ordnance, and several pieces of dying artillery and compelled to anchor at a distance of about 400 yards from two of their batteries. After the dis charge of the first gun, which was from the flying artillery, I hailed the shore, and observed to the officer, that if another gun was fired 1 would bring the prisoners on deck, and ex pose them to the same fate we would all share but notwith standing, they disregarded the caution and continued a constant and destructive fire. One single moment s reflec tion determined me not to commit an act that would subject me to the imputation of barbarity. The Caledonia had been beached, in as safe a position as the circumstances would admit of, under one of our batteries at the Black Rock. I now brought all the guns of the Detroit on one side next the enemy, stationed the men at them, and direct ed a fire which was continued as long as our ammunition lasted and circumstances permitted. During the contest I endeavored to get the Detroit on our side by sending a HISTORY OF THE WAR. line, there being no wind, on shore, with all the line I coulcf muster ; but the, current being so strong, the boat could not reach the shore, 1 then hailed our shore, and request* ed that warps should be made fast on land, and sent on board, the attempt to all which again proved useless. As the fire was such as would, in all probability, sink the ves sel in a short time, I determined to drift down the river out of the reach of the batteries, and make a stand against the flying artillery. I accordingly cut the cable, made sail with very light airs, and at that instant discovered that the pilot had abandoned me. I dropped astern for about 10 minutes, when I was brought up on our shore -on Squaw Island got the boarding boat ready, had the prisoners put in and sent on shore, with directions for the officer to return for me and what property we could get from the brig, ije did not return, owing to the difficulty in the boat s getting on shore. Discovering a skiff under the counter, 1 put .the four remaining prisoners in the boat, and with my officers I went on shore to bring the boat off. I asked for protection to the brig of Lieut. Col. Scott who readily gave it. At this moment 1 discovered a boat with about 40 soldiers from the British side, making for the brig. They got on board, but were soon compelled to abandon her, with the loss of nearly all their men. Major Ormsbee, commandant of Fort Erie, and #0 privates were killed, while on board. During the whole of this jnorning both sides of the river kept up alternately a continual fire on the brig, and so much injured her that it was impossible to have floated her. Before I left her, she had several shot of large size in her bends, her sails in ribbons, and rigging all cut o pieces. To my officers and men I feel under great obligation To Capt. Towson and Lieut. Roach of the 2d regiment, of artillery, Ensign Prestman of the infantry, Capt. Chapin^ Mr. John M Comb, Messrs. John Town, Thomas Dain, Peter Overstocks, and James Sloan, resident gentlemen of Buffalo, for their soldier and sailor like conduct. In a word, sir, every man fought as if with their hearts animated only by the interest and honor of their country. The prisoners I have turned over to the military. The Detroit mounted fourteen long guns, and two small guns, blunderbusses, pistols, muskets, cutlasses, and boarding pikes. HISTORY OP THE WAR, 151 The Caledonia belongs to the N. W. Company, loaded ir ith furs worth I understood S200,000. I have the honor to be, &c. JESSE D. ELLIOT AMERICAN LOSS= Killed 2 wounded 6. BRITISH L.OSS. Killed 3 1 Prisoners 11 1. Extract of a Utter from Capt. Heald, Dated Pittsburg, Oct. 23, 1812; On the 9th of August last, I received orders from Gen* Hull to evacuate the post and proceed with my command to Detroit by land, leaving" it at my discretion to dispose of the public property as I thought proper. The neighbor ing Indians got the information as early as I did, and came in troni all quarters in order U> receive the goods in the factory store which they understood were to be given them, On the 13th, Capt. Wells, of fort Wayne, arrived with about 30 Miamies, for the purpose of escorting us in, by the request of General Hull. On the 14th I delivered the Indians all the goods in the factory store, and a consider able quantity of provisions which we could not take away with us. The surplus, and ammunition I thought proper to destroy, fearing they would make bad use of it if put in their possession. I also destroyed all the liquor on hand soon after they began to collect. The collection was mv usually large for that place,, but they conducted with the strictest propriety till after I left the fort. On the loth, at 9 in the morning, we commenced our march ; a part of the Miamies were detached in front and the remainder in our rear, as guards, under the direction of Capt. Wells, The situation of the country rendered it necessary for us U> take the beach, with the lake on our left, and a high sand bank on our right, at about 100 yards distance. We had proceeded about a mile and a half, when it was discovered that the Indians were preparing to attack ns from behind the bank. I immediately marched up with the company to the top of the bank, when the action commenced.; after firing one round, we charged, and the Indians gave way in front and joined those on our flanks. In about 15 min utes they got possession of all our horses, provisions, and 152 HISTORY OF THE WAR. baggage of every description, and finding the Miatniea did not assist us, I drew off the men I had left and look possession of a small elevation in the open prairie out of shot of the bank or any other cover. The Indians did not follow me, but assembled in a body on the top of the bank, and, after some consultation among themselves, made signs for me to approach them. I advanced towards them alone and was met by one of the Potawattamie chiefs cal led the Black Bird, with an interpreter. After shaking hands, he requested me to surrender, promising to spare the lives of all the prisoners. On a few moments considera tion, I concluded it would be most prudent to comply with his request, although I did not put entire confidence in his promise. After delivering up our arms, we were taken back to their encampment near the fort, and distributed among the different tribes. The next morning they set lire to the fort and left the place, taking the prisoners with them. Their number of warriors was between four and five hundred, mostly of the Potawattamie nation, and their loss, from the best information I could get, was about 15. Our strength was 54 regulars and 12 militia, out of which 26 regulars, and all the militia were killed in the action, with two women and twelve children. Ensign George Ronan, and Dr. Isaac V. Van Voorhis of my company, with Capt. Wells of fort Wayne, are to my great sorrow, numbered among the dead. Lieut. Lina T. Helm, with 25 non-commisioned officers and privates, and 11 women and children, were prisoners when we were separated, Mrs. Heald and myself were taken to the mouth of the riv er St. Joseph, and, being both badly wounded, were per mitted to reside with Mr. Burnet, an Indian trader. In a few days after our arrival there, the Indians all went off to take fort Wayne, and in their absence I engaged a French- man to take us to Michilimackinac by water, where I gave myself up as a prisoner of war, w ; ith one of my sergeants. The commanding officer, Capt. Roberts, offered me every assistance in his power to render our situation comfortable while we remained there, and to enable us to proceed 01.; our journey. To him I gave my parole of honor and came on to Detroit and reported myself to Col. Proctor, who gave us a passage to Buffaloe ; from that place 1 can;e by the way of Presque Isle and arrived here yesterday. HISTORY OF THE WAR. 153 Letter from Mr. 8. T. Anderson enclosing one from Com. Chauncey to the Secretary of the Navy. Sackett s Harbor, Nov. 13, 1812. at night. SIR Since the enclosed letter from the Commodore was written, the Growler has returned with a prize, and in her Captain Brock, brother to the late General of that name, with the bag-gage of the latter. By the prize we learned that the Earl Moira was off the False Ducks, and the Commodore has put off in a snow storm in the hope of cutting her off from Kingston. From information received from Capt. Brock, there is no question but that Kingston is very strongly defended. He expressed surprise to find our vessels had got out of the harbor after having been it; and says that the regiment to which he belongs is quartered there, 500 strong, besides other regulars, and a well appointed militia. The resis tance made fully justifies this report. Be assured, sir, that in the action of which the Commodore has given you an account, the national honor has been most ably supported. In great haste, &c. SAMUEL T. ANDERSON. Com. Chauncey to the Secretary of the Navy. Sackett s Harbor, Nov. 13, 1812. SCR I arrived here last evening in a gale of wind, the pilots having refused to keep the lake. On the 8th I fell in with the Royal George, and chased her into the bay of (Juai)ti, where I lost sight of her in the night. On the morning of the 9th, we again got sight of her lying in Kingston channel. We gave chase, and followed her in to thu harbor of Kingston, where we engaged her a d the batteries for one hour and 45 minutes. I had made up my mind to board her, but she was so well protected by the batteries, and the wind blowing directly in, it was deemed imprudent to make the attempt at that time ; the pilots al so refused to take charge of the vessel. Under these circumstances, and it being after sun down, I determined to haul off and renew the attack next morning We beat up in good order under a heavy tire from the Royal George and batteries, to 4 mile point, where we anchored. It blew heavy in squalls from the westward during the m^ht, and there was every appearance of a gale of wind. The pilots Became alarmed, and I thought it most prudent to 154 HISTORY OF THE WAR. get into a place of more safety. 1 therefore (very reluc tantly) deferred renewing* the attack upon the ships and forts until a more favorable opportunity. In our passage through the bay of Quanti, I discovered a schooner at the village of Armingstovvn, which we took possession of, but finding she would detain us (being then in chase of the Royal George; I ordered Lieut. Macpher- son to take out her saiis and rigging and burn her, which he did. We also took the schooner Mary, Hall, from Ni agara, at the mouth of Kingston harbor, and took her with us to our anchorage. The <,ext morning, finding that she could not beat through the channel with us, I ordered the sailing master of the Growler to take her under convoy and run down past Kingston, anchor on the east end of Long Island, and wait for a wind to come up on the east side. I was also in hopes that the Royal George might be induced to follow for the purpose ot retaking our prize, but her com mander was too well aware of the consequences to leave his moorings. We lost in this affair one man killed, and three slightly wounded, with a few shot in our sails. The other vessels lost no men and received but little injury in their hulls and sails, with the exception of the Pert, whose gun bursted in the early part of the action, and wounded her commander (sailing master Arundel) badly, and a midshipman and three men slightly. Mr. Arundel, who refused to quit the deck although wounded, was knocked overboard in beat ing up to our anchorage, and, I am sorry to say, was drowned. The Royal George must have received very considera ble injury in her hull and in men, as the gun vessels with a long 32 pounder were seen to strike her almost every shot, and it was observed that she was reinforced with troops four different times during the action. It was thought by all the officers in the squadron that the enemy had more than thirty guns mounted at Kingston, and from 1000 to 1,300 men. The Royal George protect ed by this force was driven into the inner harbor, under the protection of the musketry, by the Oneida, and four small schooners fitted out as gun boats; the Governor Tompkins not having been able to join in the action until about sun- HISTORY OF THE WAR. 155 down, owing to the lightness of the winds, and the Pert s gun having burst the second or third shot. J have the honor to be, &c. ISAAC CHAUNCEY. Gen. Van Rensselaer to the Secretary of War. H. ft LEAVISTOWN, October 14, 1812. SfR As the movements of the army under my com mand, since I had the honor to address you on the 8th insL have been of a very important character, producing con sequences serious to many individuals ; establishing facts actually connected with the interest of the service and safe ty of the army ; and as I stand prominently responsible for some of these consequences, I beg leave to explain to you, sir, and through y u to nay country, the situation and cir cumstances in which I have had to act, and the reasons and motives which governed me ; and if the result is not all that might have been wished, it is such, that when the whole ground shall be viewed, 1 shall cheerfully submit to the judgment, of my country. In my letter of the 8th inst. I apprized you that a crisis in this campaign was rapidly advancing -, and that (to re peat the same words ) the blow must be soon struck, or all the toil and expence of the campaign go for nothing ; and worse than nothing, for the whole will be tinged with dishonor? Under such impressions, I had on the 5h inst. written to Brigadier-General Smyth, of the U. States forces re questing an interview with him, Major-General Hall, and the commandants of the U. States regiments, for the pur pose of conferring upon the subject of future operations. I wrote Major-General Hall to the same purport, On the II th, I had received no answer from Gen. Smyth ; but in a note to me on the 10th, Gen. Hall mentioned that Gen. Smyth had not yet then agreed upon any day for consulta*- tion. In the mean time, the partial success of Lieut. Elliot, at Black Rock, (of which however, I have received no official information) began to excite a strong disposition in the troops to act. This was expressed to me through various chan nels in the shape of an alternative ; that they must have orders to act; or at all hazards, they would go home. I 156 HISTORY OF THE WAR," forbear here commenting 1 upon the obvious consequences to me personally, of longer withholding- my orders under such circumstances. I had a conference with as to the possibility of get ting some person to pass over to Canada and obtain correct information. On the morning of the 4th, he wrote to me th the had procured the man who bore his letter to go over. Instructions were given him ; he passed over obtained such .information as warranted an immediate attack. This was confidently communicated to several of my first officers, and produced great zeal to act j more especially as it might have accwtroling effect upon the movements at Detroit, ivhere it was supposed Gen. Brock had gone with all the force he dared spare from the Niagara frontier. The best preparations in my po\ver were, therefore, made to dislodge the enemy from the Heights ofQueenston, and possess our selves of the village, where the troops might be sheltered from the distressing inclemency of the weather. Lieut. Coi. Fenwick s flying artillery, and a detachment of regular troops under his command, were ordered to be up in season from Fort Niagara. Orders were also sent to Gen. Smyth to send down from Buffaloe, such detach ments of his brigade as existing circumstances in that vi cinity might warrant. The attack was to have been made at 4 o clock in the morning of the llth, by crossing over in boats from the old ferry opposite the Heights. To avoid any embarrassment in crossing the river, (which is here a sheet of violent eddies) experienced boatmen were procured to take the boats forn the landing below to the place of em barkation. Lieut. Sim was considered the man of greatest skill for this service. He went ahead, and in the extreme darkness, passed the intended place far up the river \ and there, in a most extraordinary manner fastened the boat to the shore and abandoned fhe detachment. In the front boat he had carried nearly every oar which was prepared for >ll the boats. L, ttns*agonizing dilemma, stood officers and men whose ardor had not been cooled by exposure through the night to OIK* of the most tremendous north-east storms, which continued , unabated, for 28 hours, and delug ed the whole camp. The approach of day light extin guished every prospect of success, and the detachment re turned to c amp. Co!. Van. Rensselaer was to have com manded the detachment HISTORY OF THE WAK. After this result, I had hoped the patience of the troops \vould have continued until I could submit the plan sug gested in my letter of the 8lh, that 1 might act under, and in conformity to the opinion that might be then expressed. But rnv hope was idle ; the previously excited ardor seem ed to gain new heart from the late miscarriage the brave were mortified to stop short of their object, and the timed thought laurels half won by an attempt. On the morning of the 12th, such was the pressure upon me from all quarters, that I became satisfied that my refu sal to act might involve me in suspicion and the service in disgrace. Viewing affairs at Bufialoe as yet unsettled, I had im mediately countermanded the march of General Smyth s brigade, upon the failure of the first expedition ; but hav ing now determined to attack Q,ueenston, I sent new orders to Gen. Smyth to march ; not with the view of his aid in the attack, for I considered the force detached sufficient, but to support the detachment should the conflict be obstin ate and long continued. Lieut. Col. Chrystie, who had just arrived at the four mile Creek, had late in the night of the first contemplated attack, gallantly offered me his own and his men s service ; but he got my permission to late. He now again came for ward ; had a conference with Col. Van Rensselaer, begged that he might have the honor of a command in the expedi tion. The arrangement was made. Col. Van Rensselaer was to command one column of t 300 militia ; and Lieut. Col. Chrystie a column of the same number of regulaft troops. Every precaution was now adopted as to boats, and the most confidential and experienced men to manage them. At an early hour in the night, Lieut. Col. Chrystie march ed his detachment, by the rear road, from Niagara to camp. At 7 o clock in the evening, Lieut. Col. Stranahan s regi ment moved from Niagara falls at 8 o clock. Mead s and at 9 Lieut. Col. Blan s regiment marched from the same place. All were in camp in good season. Agreea bly to my orders issued upon this occasion, the two columns were to pass over together ; and as soon as the heights should be carried, Lieut. Col. Fenwick s flying artillery was to pass over ; then Maj *Mul Ian v s detachment of reg ulars : and other troops to follow in order. 158 HISTORY OF THE WAR. At dawn of clay the boats were in readiness, and the troops commenced embarking 1 , under the cover of a com manding battery, mounting- two eighteen pounders, and two sixes. The movements were soon discovered, and a brisk fire of musketry was poured from the whole line of the Canadian shore. Oar batteries then opened to sweep the shore; but it was for some minutes,too dark to direct much fire with safety. A brisk cannonade was now opened upon the boats from three different batteries. Our battery returned their fire and occasionally threw grape upon the shore, and was itself served with shells from a small mortar of the en emy s. Col. Scott, of the artillery, by hastening his march from Niagara Falls in the night, arrived in season to return the enemy s fire with two six pounders. The boats were somewhat embarrassed with the eddies, as well as with a shower of shot; but Col. Van Rensselaer, with about 100 men, soon effected his landing amidst a tremendous fire directed upon him from every point; but to the astonishment of all who witnessed the scene, this van of the column advanced slowly against the fire. It was a serious misfortune to the van, and indeed to the whole expedition, that in a few minutes after landing. Col, Van Rensselaer received four wounds a ball passed through his right thigh, entering just below the hip bone smother shot passed through the same thigh, a little below the third through the calf of his leg and a fourth cartused his heel. This was quite a crisis in the expedition. Un*- der so severe a fire it was difficult to form raw troops, By some mismanagement of the boatmen, Lieut. Col. Chrystie did not arrive until some time after this, and was wounded in the hand in passing the river. Col. Van Rensselaer was still able to stand ; and with great presence of mind order ed his officersto proceed with rapidity and storm the fort, This service was gallantly performed, and the enemy driv en down the hill in every direction. Soon after this both parties were considerably reinforced, and the conflict was renewed in several places many of the enemy took shel ter behind a stone guard-house, where a piece of ordnance was now briskly served. I ordered the fire of our battery directed upon the guard-house ; and it was so effectually done, that with 8 or 10 shot the fire was silenced. The en^- emy then retreated behind a large store house ; but in a HISTORY OF THE WAK. short time the rout became general, and the enemy s fire \vassilencedexceptfromaonegun battery, so far down the river as to be out of the reach of heavy ordnance, and our light pieces could not silence it. A number of boats now passed over unannoyed, except from one unsilenced gun. For some time after I had passed over, the victory appeared complete j but in the expectation of further at tacks, I was taking measures for fortifying my camp imme diately the direction of this service 1 committed to Lieut. Totten, of the engineers. But very soon the enemy were reinforced by a detachment of several hundred Indians from Chippewa they commenced a furious attack, but were promptly met and routed by the rifle and bayonet. By this time I perceived my troops were embarking very slowly. I passed immediately over to accelerate their movements; but to my utter astonishment, I found at the very moment when complete victory was in our hands, ths ardor of the unengaged troops had entirely subsided. I rode in all directions urged men by every consideration to pass over but in vain. Lieut. Col. Bloom, who had been wounded in action, returned, mounted his horse, and rode through the camp; as did also Judge Peck, who happened to be here, exhorting the companies to proceed- but all in vain. At this time a large reinforcement from Fort George were discovered coming up the river. As the battery on .the hill was considered an important check against their ascending the heights, measures were immediately taken to send them a fresh supply of ammunition, as we had learnt there was left only twenty shot for the eighteen pounders. The reinforcement, however, obliqued to the right from the road, and formed a junction with the Indians in the rear of the heights. Finding, to my infinite mortification, that no reinforcement would pass over ; seeing that another se vere conflict must soon commence ; and knowing that the brave men on the heights were quite exhausted, and nearly out of ammunition, all I could do was to send them afresh supply of cartridges. At this critical moment, I despatched a note to Gen. Wadsworth, acquainting him with our situa tion leaving the course to be pursued much to his owa judgment with assurance, that if he thought best to retreat, I would endeavor to send as many boats as I could com- 160 HISTORY OF THE WAR, mand, and cover his retreat by every lire I could safely make. But the boats were dispersed many of the boat men had fled, panic struck and but *ew got off. But my note could but little more than have reached Gen. Watis- worth about 4 o clock, when a most severe and obstinate conflict commenced and continued about half an hour with a tremendous fire of cannon, flying artillery and mus ketry. The enemy succeeded, in repossessing their batte ry ; and gaining advantage on every side, the brave men who had gained the victory, exhausted of strength and ammu nition, and grieved at the unpardonable neglect of their fellow soldiers, gave up the conflict. I can only add, that the victory was really won ; but lost for the want of a small reinforcement. One third part of the idle men might have saved alL I cannot injustice close this without expressing the very givat obligation I am under to Brigadier-General Wads- worth, Col. VanRensselaer, Gol. Scott, Lieut. Cols. Chrystie and Fen wick, and Capt. Gibson. Many others have also behaved most gallantly. As I have reason to believe that many of our troops fled to the woods, with the hope of crossing the river, I have notbeen able to learn the probable number of killed, wounded and prisoners.* The enemy have suffered severely. GENERAL, BROCK, is among their slain, and his aid-de camp mortally wounded* I have the honor to be, &c. STEPHEN VAN RENSSELAER, CHAPTER Y. Documents accompanying the President s Message of November 4, 1812. Mr. Monroe to Mr. Russell. DEPARTMENT OP STATE, July 27, 1812. SIR I wrote you on the 26th of June, by Mr. Foster, a letter which he promised to deliver to you ia person or by a safe hand. * It is since ascertained that 90 regular* and militia were killed^ and 33r regulars and 37&mi/tfia, $2 being wounded, r,vj,de prisoners. HISTORY OF THE WAR. 101 f In that letter you were informed, that the Orders in Council, and other illegal blockades, and the impressment of our seamen by Great-Britain, as you well knew before, were the principal causes of the war, and that if they were removed, you might stipulate an armistice, leaving them and all other grounds of difference, for final and more pre cise adjustment by treaty. As an inducement to the British government to discontinue the practice of impressment from our vessels, by which alane our seamen can be made secure, you were authorised to stipulate a prohibition by law, to be reciprocal, of the employment of British seamen in the public or commercial service of the U. States. As such an arrangement, which might be made completely effectual and satisfactory by suitable regulations and penal ties, would operate almost exclusively in favor of Great- Britain, for as few of our seamen ever enter voluntarily into the British service, the reciprocity would be nominal; its advantage to G. Britain would be more than an equivalent for any she derives from impressment, which alone ought to induce her to abandon the practice, if she had no other motive for it. A stipulation to prohibit by law the em ployment of British seamen in the service of the U. States, is to be understood in the sense and spirit of the constitution. The passage of such law must depend of course on Con gress, who, it might reasonably be presumed, might give effect to it. By authorising you to secure these objects as the grounds of an armistice, it was not intended to restrict you to any precise form in which it should be done. It is not particu larly necessary that the several points should be specially provided for in the convention stipulating the armistice. A clear and distmet understanding with the British go vernment on the subject of impressment,- comprising in it the discharge of men already impressed, and on future blockades, if the Orders in Council are revoked, is all that is indispensable. The Orders in Council being revoked, and the proposed understanding on the other points, that is, on blockades and impressment, being first obtained, in a manner, though informal, to admit of no mistake or disa greement hereafter, the instrument providing for the ar mistice may assume a general form especially if more agree able to the British government. It may for example 21 1.6.2 HISTORY OF THE WAR. be said in general terms * that both powes being sincerely desirous to terminate the diiferences which unhappily sub sist between them, and equally so, that full time should be given for the adjustment thereof, agree, 1st, that an armis tice shall take place for that purpose to commence on the day of. * 2. That they will forthwith appoint on each side com missioners with full power to form atreaty, which shall pro vide, by reciprocal arrangements, for the security of their seamen from being taken or employed in the service of the other power, for the regulation of their commerce, and all other interesting questions now depending between them. 3. The armistice shall not cease without a previous no tice by one to the other party of clays, and shall not be understood as having other effect than merely to sus pend military operations by land and sea. By this you will perceive that the President is desirous of removing every obstacle to an accommodation which consists merely of form, securing in a safe and satisfactory manner, the rights and interest of the U. States in these two great and essential circumstances, as it is presumed may be accomplished by the proposed understanding ; he is wil ling that it should be clone in a manner the most satisfactory and honorable to G. Britain, as well asto the U. Slates. I have the honor to be, &c. JAMES MONROE. Mr. Graham to Mr. Russell. DEPARTMENT OF STATE, Aug. 9, 1812, SIR The Secretary left this city about ten days ago, on a short visit to Virginia. Since that period Mr. Baker has, in consequence of some despatches from his govern ment addressed to Mr. Foster, made to me a communica tion respecting the intentions of his government as regards the Orders in Council. It was of a character, however, so entirely informal and confidential that Mr. Baker did not feel himself at liberty to make it in the form of a note verbal or promemoria, or even to permit me to take a memoran dum of it at the time he made it. As it authorises an ex~ pectation that something more precise and definite, in and official form, may soon be received by this government, it is the less necessary that 1 should go into an explanation ot HISTORY OF THE WAR. 163 the views of the President in relation to it, more particularly as the Secretary of State is daily expected, and will be able to do it in a manner more satisfactory. I have the honor to be, Sec. JOHN GRAHAM. Mr. GmJtarn to Mr. Russell. DEPARTMENT OF STATE, Aug. 10, 1812. SIR Thinking that it may possibly be useful to you, I do myself the honor to enclose you a memorandum of the conversation between Mr. Baker and myself, alluded to in my letter of yesterday s date. From a conversation with Mr. Baker s incethis memorandum was made, I find that I was correct in representing to the President that the inti mation from Mr. Foster, and the British authorities at Hali fax was was to be understood as connected with a suspeu- sion of hostilities on the frontiers of Canada. Yours, &tv JOHN GRAHAM, Memorandum referred to in the above letter. Mr. Baker verbally communicated to me for the infor mation of the President, that he had received despatches from his government addressed to Mr. Foster, (dated I believe about the 17th of June) from which he was author ised to say, that an official declaration would be sent to this country, that the Orders in Council, so far as they affected the U. States, would be repealed on the 1st of August, to be revived on the 1st of May, 1813, unless the conduct of the French government, and the result of the communica tions with the American government, should be such as, in the opinion of his majesty, to render their revival unne cessary. Mr. Baker moreover stated that the Orders would be revived, provided the American government did not, within fourteen days after they received the official declaration of their repeal, admit British armed vessels into their ports, and put an end to the restrictive measures which liarl grown out of the Orders in Council. The despatches authorising this communication to the American government expressly directed that it should be made verbally, and Mr. Baker did not considei himself at liberty to reduce it to writing, even in the form of a note verbal, or promemoria, or to suffer me to take a memoran dum of his communication at the time he made it. I under- 10,4 HiSTORV OF THE WAK* stood from him that the despatches had been opened by IVI i Foster at Halifax, who in consequence of a conversation he had had with Vice Admiral Sawyer, and Sir J. Sherbroke, had authorised Mr. Baker to say, that these gentlemen would agree, as a measure leading to a suspension of hostilities, that all captures made after a day to be fixed, should not be proceeded against immediately, but be detained to await the future decision of the two governments. Mr. Foster had not seen Sir George Prevost, but had written to him b y express, and did not doubt but that he would agree to an arrangement fur the temporary suspension of hostilities. Mr. Baker also stated that he had received an authority from Mr. Foster to act as charge d f affairs, provided the American government would receive him in that charac ter, for the purpose of enabling* him officially to communi cate the declaration which was to be expected from the British government ; his functions to be Understood, of course, as ceasing on the renewal of hostilities. I replied, that although, to so general and informal a communica tion, no answer might be necessary, and certainly no par ticular answer expected, yet, I was authorised to say, that the communication is received with sincere satisfaction, as it is hoped that the spirit in which it was authorised by his government, may lead to such further communications as will open the way not only to an eariy and satisfactory ter mination of existing hostilities, but to that entire adjustment of all the differences which produced them, and that perma nent peace and sofid friendship which ought to be mutual- ly desired by both countries, and which is sincerely desired by this. With this desire, an authority was given to Mr. Russell on the subject of an armistice as introductory to a final pacification, as has been made known to Mr. Foster, and the same desire will be felt on the receipt of the fur ther and more particular communications which are shortly to be expected with respect to the joint intimation from Mr. Foster and the authorities at Halifax, on the sub ject of suspending judicial proceedings in the case of mar itime captures, to be accompanied by a suspension of mili tary operations. The authority given to Mr. Russell just alluded to, and of which Mr. Foster was the bearer, is lull proof of the solicitude of the government of the U. States to bring about a general suspension of hostilities oa ad mis HISTORY OP THE WA&. 165 terms, with as little delay as possible. It was not to be demoted therefore, that any other practical expedient for attaining 1 a similar result would be readily concurred in. Upon the most favorable consideration, however, which could be given to the expedient suggested through him, it did not appear to be reducible to any practicable shape to which the executive would be authorised to give it the ne cessary sanction, nor indeed is it probable that if it was less liable to insuperable difficulties, that it could have any ma terial effect previous to the result of Ihe pacific advance made bv this government, and which must it favorably re ceived, become operative as soon as any other arrangement that could now be made. It was stated to Mr. Baker, that the President did not, under existing circumstances, consider Mr. Foster as vested with the power of appointing a charge d affairs : but that no difficulty in point of form, would be made, as any authentic communication through him, or any other channel, would be received with atten tion and respect. Mr. Monroe to Mr. Pussell. DEPARTMENT OF STATE, Aug, 2t, 1812. [Extract. ] SIR My last letter to you was of the 27th of July, and was forwarded by the British packet Althea, under the special protection of Mr. Baker. The object of that letter, and of the next preceding one of the 26\.h of Jnne, was to invest you with power to suspend by an armis tice, on such fair conditions as it was presumed could not be rejected, the operation of the war, which had been brought on the U. States by the injustice and violence of the British government. At the moment of the declara tion of war, the President, regretting the necessity which produced it, looked to its termination and provided for it, and happy will it be for both countries, if the disposition felt, and the advances made on his part, are entertained and met by the British government in a similar spirit. You will have seen by the note forwarded to you by Mr. Graham, of Mr. Baker s communication to him, that Mr. Foster had authorised him to slate that the commanders of the British forces at Halifax would agree to a suspension, r a day to be fixed, of the condemnation of prizes, to decision of both governments, without however 166 HISTORY OP THE WAR. preventing captures on either side. It appears also, tjiat Mr. Foster had promised to communicate with Sir George Prevost, and to advise him to propose to our government an armistice. Sir GeorgePrevosthas since proposed to General Dear born, at the suggestion of Mr. Foster, a suspension of of fensive operations by land, in a letter which was transmit- ecl by the General to the Secretary of War. A provisional agreement was entered into between General Dearborn and Colonel Baynes, the British adjutant-General, bearer of General Prevost s letter, that neither party should act offensively before the decision of our government should be taken on the subject Since my return to Washington, the document alluded to in Mr, Foster s despatch, as finally decided on by the British government, has been handed to me by Mr. Baker,, with a remark, that its authenticity might be relied on. Mr. Baker added that it was not improbable, that the Ad miral at Halifax might agree likewise to a suspension of captures, though he did not profess to appear to be acquaint ed with his sentiments on that point. On full consideration of all the circumstances which merit attention, the President regrets that it is not in his power to accede to the proposed arrangement. The fol lowing* are among the principal reasons which have pro duced this decision. 1st. The President has no power to suspend judicial proceedings on prizes. A capture, if lawful, vests a right over which he has no control. Nor could he prevent cap tures otherwise than by an indiscriminate recal of the commissions granted to our privateers, which he could not justify under existing circumstances. 2d. The proposition is not made by the British govern ment nor is there any certainty that it would be approved by it. The proposed arrangement, if acceded to, might not be observed by the British officers themselves, if their government, in consequence of the war, should give them instructions of a different character, even if they were giv en without a knowledge of the arrangement. 3d. No security is given, or proposed, as to the Indians, nor could any be relied on. They have engaged in the war on the side of the British government, and are now pro HISTORY OF THE WAR. 167 scenting it with vigor, in their usual savage mode, They can only be restrained by force, when once let loose, and that force has already been ordered out for that purpose. 4th. The proposition is not reciprocal, because it restrains the United States from acting where their power is great est, and leaves Great-Britain at liberty, and gives her time to augment her forces in our neighborhood. 5th. That as a principal object of the war is to obtain redress against the British practice of impressment, an agreement to suspend hostilities even before the British government is heard from on that subject, might be con sidered a relinquishment of that claim. 6th. It is the more objectionable, and of the less impor tance, in consideration of the instructions heretofore given you, which, if met by the British government, may have already produced the same result in a greater extent and more satisfactory form. I might add, that the declaration itself is objectionable- in many respects, particularly the following 1st. Because it asserts a right in the British government to restore the Orders in Council, or any part thereof, to their full effect on a principle of retaliation on France, under circumstances of which she alone is to judge ; a right which this government cannot admit, especially in the ex tent heretofore claimed, and acted on by the British gov ernment.. 2d. That the repeal is founded exclusively on the Frenclt Decree of the 28th of April, 1811, by which the repeal of the Decrees of Berlin and Milan, announced on the 5th of August, 1810, to take effect on the 1st of November, o!f that year, at which time their operation actually ceased, is- disregarded, as are the claims of the U. States arising from the repeal on that day, even according to the British pledge, 3d. That even if the U. States had no right to claim the repeal of the British Orders in Council prior to the French Decree of the 28th of April, 181 1, nor before the notifica tion of that Decree to the British government, on the 20th of May, of the present year, the British repeal ought to have borne date, from that day, and been subiect to of the limitations attached to it. 168 HISTORY OF TJE1E These remarks on the declaration of the prince regent, which are not pursued with rigor, nor in the full extent -which they might be, are applicable to it, in relation to the state of things which existed before the determination of the U. States to resist the aggressions of the British gov ernment by war. By that determination, the relations be tween the two countries have been altogether changed, and it is only by a termination of the war, or by measures lead- ing to it, by consent of both governments, that its calami ties can be closed or mitigated. It is not now a question whether the declaration of the prince regent is such as ought to have produced a repeal of the non-importation act, had war not been declared, because, by the declara tion of war, that question is superceded, and the non-im portation acl having been continued in force by Congress, and become a measure of war, and among the most efficient, it is no longer subject to the control of the Executive in the sense, and for the purpose for which it was adopted. The declaration, however, of the prince regent, will not be with out effect. By repealing the Orders in Council without reviving the blockade of May, 1806, or any other illegal blockade, as is understood to be the case, it removes a great obstacle to an accommodation. The President considers it an indication of a disposition in the British government to accommodate the differences which subsist between the two countries, and I am instructed to assure you, that, if such a disposition really exists, and is persevered in, and is extended to other objects, especially the important one ol impressment, a durable and happy peace and reconciliation ran not fail to result from it. Mr. Russell to Mr. Monroe. LONDON, Sept, 1, 1812. SIR You will perceive by the enclosed copies of notes which have passed between lord Castlereagh and me, that the moderate and equitable terms proposed for a suspen sion of hostilities, have been rejected, and that it is my in tention to return immediately to the United States. My continuance here, after it has been so broadly inti mated to me by his lordship, that I am no longer acknowl edged in my diplomatic capacity, and after a knowledge that instructions are given to the British Admiral to nego- HISTORY OF THE WAR. ciiate an arrangement on the other side of the Atlantic, would, in my view of the subject, not only be useless but improper. It is probable, however, that the vessel in which I pro pose to embark will not take her departure before the loth or 20th of this month. I have the honor to be, &c. JONATHAN RUSSELL. Mr. Russell to lord Casllereagh. LONDON, Aug. 24, 1812. My lord It is only necessary, I trust, to call the attention of your iordshipto a review of the conduct of the government of the U. States, to prove incontrovertibly its unceasing anx iety to maintain the relations of peace and friendship with LI. Britain. Its patience in suffering the many wrongs which it has received, and ils perseverance in endeavoring by am icable means to obtain redress, are known to the worid. Despairing at length of rsceivingthis redress from the jus tice of the British government, to which it had so often ap plied in vain, and feeling that a further forbearance would be a virtual surrender of rights and interests essential to the prosperity and independence of the nation confided to its protection, it has been compelled to discharge its high duty by an appeal to arms. While, however, it regards this* course as the only one which remained for it to pursue with a hope of preserving any portion of that kind of char acter which constitutes the vital strength of every nation, yet it is still willing to give another proof of the spirit which has uniformly distinguished its proceedings, bv seek ing to arrest, on terms consistent with justice and honor, the calamities of war. It has, therefore, authorised me to stipulate with his Britannic majesty s government an ar mistice to commence at or before tSie expiration of sixty days after the signature of the instrument providing for it, on condition that the Orders in Council be repealed, and no illegal blockades to be substituted to them, and that orders be immediately given to discontinue the impress ment of persons from American vessels, and to restore the citizens of the United States already impressed ; it being; moreover well understood that the British government will assent to enter into definite arrangements, as soon as rnaf 170 HISTORY OF THE WAR, be, on these and every other difference, by a treaty to be concluded either at London or Washington, as on an im partial consideration of existing 1 circumstances shall be deemed most expedient. As an inducement to G. Britain to discontinue the prac tice of impressment from American vessels, I am authoris ed to give assurance that a law shall be passed (to be recip rocal) to prohibit the employment of British seamen in the public or commercial service of the U. States. It is sincerely believed that such an arrangement would prove more efficacious in securing to G. Britain her sea men, than the practice of impressment, so derogatory to the sovereign attributes of the U. States, and so incompati ble with the personal rights of their citizens. Your lordship will not be surprised that I have present ed the revocation of the Orders in Council as a preliminary to the suspension of hostilities, when it is considered that the act of the British government of the 23d of June last, ordaining that revocation, is predicated on conditions, the performance of which is rendered impracticable by the change which is since known to have occurred in the rela tions between the two countries. It cannot now be ex pected that the government of the U. States will immedi ately on due notice of that act, revoke or cause to be re voked its acts, excluding from the waters and harbors of the U. States all British armed vessels, and interdicting commercial intercourse with G. Britain. Such a proce dure would necessarily involve conscquensestoo unreason able and extravagant to be for a moment presumed. The Order in Council of the 23d of June last will, therefore ac cording to its own terms be null and of no effect, and anew act of the British government, adapted to existing circum stances, is obviously required for the effectual repeal of the Orders, in Council of which the United States complain. The government af the U. States considers indemnity for the injuries received under the Orders in Council and other Edicts, violating the rights of the American nation, to be incident to their repeal, and it believes that satisfaco- ry provision will be made in the definite treaty, to be here after negociated, for this purpose. The conditions now offered to the British government fo.r the termination of the war by an armistice as alum HISTORY OP THE WAR. 171 stated, are so moderate and just in themselves, and so en tirely consistent with its interest and honor, that a confi dent hope is indulged that it will not hesitate to accept them. In so doing it will abandon no right; it will sacri fice no interests; it will abstain only from violating the rights of the U. States, and in return it will restore peace with the power from whom in a friendly coimriercial in tercourse so many advantages are to be derived. Your lordship is undoubtedly aware of the serious diffi culties with which the prosecution of the war, even for a short period, must necessarily embarrass all future attempts nt accommodation. Passions exasperated by injuries alliances or conquests on terms which forbid their abandon ment will inevitably hereafter embitter and protract a contest which might now be so easily and happily termi nated. Deeply impressed with these truths, I cannot but per suade myself that his royal highness, the prince regent will take into his early consideration, the propositions herein, made on behalf of the U. States, and decide on them in a spirit of conciliation and justice. I have the honor to be, &c. JONATHAN RUSSELL. < Lord Castlereagli to Mr. Rmsdl. FOKEIGN OFFICE, Aug. 29, 1812. SIR Although the diplomatic relations between the two governments have been terminated, by a declaration of war on the part of the U. States, 1 have not hesitated, under the peculiar circumstances of the case, and the au thority under which you act, to submit to the prince regent the proposition contained in your letter of the 24lli inst. for a suspension of hostilities. From the period at which your instructions, must have been issued, it is obvious, that this overture was determin ed upon by the government of the U. States, in ignorance of the Order in Council of the 23d of June last, and as you inform me that you are not at liberty to depart from the con ditions set forth in you letter, it only remains for me to ac quaint you that the prince regent feels himself under the necessity of declining to accede to the proposition therein contained, as being on various grounds, absolutely in. ad missible. 172 HISTOKY OF THE As soon as there was reason to apprehend, that Mi*. Pos ter s functions might have ceased in America, and that he might have been obliged to withdraw himself, in conse quence of war having been declared, from the U, States, before the above mentioned Order of the 23d of June, and the instructions consequent thereupon, could have readied him, measures were taken for authorising the British Adr miral on the American station, to propose to the govern ment of the U. States, an immediate and reciprocal re vocation of all hostile Orders, with the tender of giving full effect, in the event of hostilities being discontinued, to tlie provisions of the said Order, upon the conditions therein spec fied. From this statement you will perceive that the view you have taken of this part of the subject is incorrect; and that in the present state of the relations between the two coun tries, the operation of the Qrder of the 23d June, can only be defeated by a refusal on the part of your government to desist from hostilities, or to comply with the conditions ex pressed in the said Qrder. Under the circumstances of your having no powers to negociate, I must decline entering into a detailed discus-; sionof the propositions which you have been directed to bring forward. 1 cannot, however, refrain on one single point, from ex pressing my surprise ; namely, that, as a condition prelim inary even to a suspension of hostilities, the government of the U. States, should have thought fit to demand, that the British government should desist from its ancient and ac customed practice of impressing British seamen from the me; chant ships of a foreign state, simply on the assurance that a law shall hereafter be passed to prohibit the employ ment, of British seamen in the public or commercial service of that state. The British government now, as heretofore, is ready to receive from the government of the U. States, and amica bly to discuss, any proposition which professes to have in view either to check abuse in the exercise of the practice of impressment, or to accomplish by means less liable to vex ation, the object for which impressment has hitherto been found necessary, but tley cannot consent to suspend the exercise of a right upon which the naval strength of the HISTORY OF THE WAR. 173 empire mainly depends, until they are fully convinced that means can be devised, and will be adopted, by which the object to be obtained by the exercise of that right, can be effectually secured. J have the honor to be, &c. CASTLEREAGH. Mr. Russell to lord Castkreagh. LONDON, September 1, 1812. My lord 1 have heard with much regret, by your lordship s note, dated the the 29th ult. which I did not re ceive until this morning, that the prince regent has thought proper to decline to accede to the proposition for a suspen sion of hostilities, contained in my note ot the 24th of Aug. It has been matter of surprise to me that my view with regard to the revocation of the Order in Council of the 23d of June last, should have been considered to have been in correct, when it appears by your lordship s note that the British government itself had deemed it necessary to give powers to the British Admiral to stipulate (or its full effect, and thereby admitted that a new act was required for that purpose. It now only remains for me to announce to you lordship that it is my intention to embark immediately at Plymouth, on board the ship Lark, for the U. States, and to request that permission may be granted, a soon as may be, for the embarkation of my servants, baggage, and the effects of this legation, and that the necessary passports may be furn ished tor my own, and their safe conduct to that destination, I avail myself of this occasion to apprize your lordship that I am authorised by the government of the U. States, to leave Reuben Gaujit Beasely, Esq. as its agent for prisoners of war in this country, and to desire that every necessary fa cility may be afforded him in the exercise of that trust, by Ihe British government. I have the honor to be, &c. JONATHAN RUSSELL. JtJr. Russell to Mr. Monroe. LONDON, Sept. 3, 1812. SIR I enclose herein a copy of a note, received yester day from lord Castlereagli, which will acquaint you that! 174 HISTORY OF THE \VAR. have obtained my passports to return to the U. States, and that Mr. Beasely is permitted to remain here as agent for prisoners of war. Immediately v pn demanding my passport I addressed to the consuls a circular of which you will also find a copy en^- closed. I have the honor to be, &c. JONATHAN RUSSELL, Lord Castlereagh to Mr. Russell. FOREIGN OFFICE, Sept. 2, 1812. SIR I have laid before his royal highness, the prince regent, your letter of the 1st inst. in which you announce your intention to embark immediately at Plymouth on board the ship Lark, for the II . States. I have already had the honor of forwarding to you an Admiralty ordtfr for the protection of that ship as a cartel, on her voyage to America, and I herewith enclose to you a passport for the free embarkation of yourself and family, in comformity to your request. The lords commissisners of his majesty s treasury will issue directions to the commis sioners of the customs to give every facility to the embarka- tion of your effects. If previous to your departure from England, you can point out to me any particular manner in which lean facil itate your arrangements, I beg that you will command my services. His royal highness has commanded me to signify toycu, for the information of your government, that there will be no difficulty in allowing Mr. R. G. Boasely, as stated in your letter, to reside in this country, as the U. State s agent for prisoners of war. I have the honor to be, &c. CASTLEREAGH. Sir J. B. Warren to Mr. Monroe. HALIFAX, No\a Scotia, Sept. 30,1812. SIR The departure of Mr. Foster from America, has devolved upon me the charge of making known to you, for the information of the government of the U. States, the sen timents entertained by his royal highness, the prince regent, upon the existing relations of the two countries, HISTORY OF THE. WAR. 175 You \villobserve, from the enclosed copy of an Order in Council bearing date the 23d of June, 1812, that the Or ders in Council of the 7th of January, 1807, and the 2(5th of April, 1809, ceased to exist nearly at the same time that the government of the U. States declared war against his majesty. Immediately on the receipt of this declaration in London, the Order in Council, of which a copy is herewith enclosed to \ou, was issued on the 3 1st day of July, for the embargo and detention of all American ships. Under these circumstances, I am commanded to propose to your government the immediate cessation of hostilities between the two countries and I shall be most happy to be the instrument of bringing about a reconciliation, so interes ting and beneficial to America, and G. Britain. I therefore propose to you, that the government of the U. Statesof Americashall instantly recall their letters of marque and reprisal against British ships, together with all or ders and instructions for any acts of hostility whatever against the territories of his majesty, or the persons or pro perty of his subjects; with the understanding, that, imme diately on my receiving from you an official assurance to that effect, I shall instruct all the officers under my com mand to desist from corresponding measures of war, against the ships and property of the U. States, and that I shall transmit without delay, corresponding intelligence to 1 he several parts of the world where hostilities may have commenced. The British commanders in which, will be required to discontinue hostilities from the receipt of sueli notice. Should the American government accede to the above proposal for terminating hostilities, I am authorised to ar range wiihyou as to the revocation of the laws which in terdict the commerce and ships of war of^G. Britain from the harbors and waters of the U. States ; in the default of which revocation within such reasonable period as may be agreed upon, you will observe by the order of the 23d June, the Orders in Council of January, 1807, and April, 180$, ure to be revived. The officer who conveys this letter io the American coast has received my orders to put to sea immediately upon the delivering of this dispatch to the competent authority ; and 1?6 HISTORY Oi THE I earnestly recommend that no time may be lost in com municating to me the decision of your government, persuad ed as I feel that it cannot but be of a nature to lead to a speedy termination of the present differences. The flag of truce which you may charge with your re ply will iind one of my cruisers at Sandy Hook, ten days after the landing of this despatch, which I have directed to call there with a flag of truce for that purpose. I have honor to be, &c. JOHN BORLASE WARREN. Jlfr. Monroe to sir J. B. Warren. DEPARTMENT OF STATE, Oct. 27, 1812. SIR I have had the honor to receive your letter of the 30th ult. and to submit it to the consideration of the President. It appears that you are authorised to propose a cessation of hostilities between the U. States and G. Britain, on the ground of the repeal of the Orders in Council* and in case the proposition is acceded to, to take measures in concert with this government, to carry it into complete effect on both sides. You stale, also that you have it in charge, in that event, to enter into an arrangement with the government of the U, States for the repeal of the laws which interdict the ships of war and the commerce of G. Britain from the harbors and waters ot* the U. States. And you intimate, that if the proposition is not acceded to, the Orders in Council (repeal ed conditionally by that of the 23d of June last) will be revi ved against the commerce ot the U. States. I am instructed to inform you, that it will be very satis factory to the President to meet the British government in such arrangements as may terminate without delay the hos tilities which now exist between the U. States and G. Bri tain, on conditions honorable to both nations. At the moment of the declaration of war, the President ^ave a signal proof of the attachment of the U. States to peace. Instructions were given at that early period to the late charge d affairs of the U. States at London, to pro pose to the British government au armistice on conditions which it was presumed would have been satisfactory. H has been seen with regret that the propositions made by Mr. Monroe, particularly in regard to the important inter- HISTORY OF THE WAR. 177 est of impressment, was -rejected, and that none was offered through that channel, as a basis on which hostilities might cease. As your government has authorised you to propose a ces sation of hostilities, and is doubtless aware of the important and salutary effect which a satisfactory adjustment of this difference cannot fail to have on the future relations be- tween the two countries, I indulge the hope that it has, ere this, given you full power for the purpose. Experience has sufficiently evinced that no peace can be durable unless this object is provided for. It is presumed, therefore, that it is equally the interest of both countries to adjust it at this time. Without further discussing questions of right, the Presi dent is desirous to provide a remedy for the evils complain ed of on both sides, The claim of the British govern ment is to take from the merchant vessels of other coun tries British subjects. In the practice, the commanders of the British ships of war often take from the merchant ves sels of the U. States, American citizens. If the U. States prohibit the employment of British subjects in their service, and in force the prohibition of suitable regulations and pen alties, the motives for the practice is taken away. It is in this mode that the President is willing to accommodate this important controversy with the British government, and it cannot be conceived on what ground the arrangement can be refused. A suspension of the practice of impressment, pending the armistice, seems to be a necessary consequence. It cannot be presumed, while the parties are engaged in a negociation to adjust amicably this important difference, that the U. States would admit the right or acquiesce in the practice of the opposite party ; or that G. Britain would be unwilling to restrain her cruizers from a practice which would have the strongest tendency to defeat the ne- gocration. It is presumable that both parties would enter into the negociation with a sincere desire to give it effect. For this purpose it is necessary that a clear and distinct understanding be first obtained between them, of the ac commodation which each is prepared to make. If the British government is willing to suspend the practice of impressment from American vessels, on considerat^pn that 178 fllSTOHY OF THE WAR. the U. States will exclude British seamen from their ser vice, the regulations by which this compromise should be carried into effect would be solely the object of negociation* The armistice would be of short duration. If the parties agreed^ peace would be the result. If the negociatiou failed, each would be restored to its former state, and to all Us pretensions, by recurring to war. Lord G astlereagb, in his note to Mr. Russell, seems to have supposed, that had the British government accepted the propositions made to it, G. Britain would have suspend^ ed immediately the exercise of a right, on the mere assur ance of this government that a law would be afterwards passed to prohibit the employment of British seamen in the service of the U. States, and that G. Britain would have no agency in the regulation to give effect to that proposition. Such an idea was not in the contemplation of this govern ment, nor is to be reasonably interred from Mr. Russell s note; lest, however, by possibility such an inference might be drawn from instructions to Mr. Russell, and anxious that there should be no misunderstanding in the case, sub sequent instructions were given to Mr. Russell with a view to obviate every objection of the kind alluded to. As they bear date on 27th July, and were forwarded by the British packet Althea, it is more than probable that they may have been received and acted on. I am happy to explain to you thus fully the views of my government on this important subject. The President de- s res that the war which exists between our countries should be terminated on such conditions as may secure a solid and durable peace. To accomplish this great object it is. necessary that the interest of impressment be satisfactorily arranged. He is willing that G. Britain should be secured against the evils of which she complains. He seeks on the other hand that the citizens of the U. States should be pro tected against a practice, which, while it degrades the na tion, deprives them ot their rights as freemen, takes them by force from their families and their country into a for- e\<n\ service, to Hght the battles of a foreign power, per haps against their own kindred and country. I abstain from entering, in this communcation,into other grounds of difference. The Orders in Council having been repealed, (with a reservation not impairing a corresponding HISTORY OF THE WAR. right on the part of the U. States) and no illegal block ades revived or instituted in their stead, and an under standing being obtained on the subject of impressment, in the mode herein proposed, the President is willing to agree to a cessation of hostilities, with a view to arrange by trep- ty, in a more distinct and ample manner, and to the satis faction of both parties, every other subject of controversy. I will only add that if there be no objection to an accom modation of the difference relating* to impressment, in the mode proposed, other than the susj>ension of the British claim to impressment during the armistice, there can be none to proceeding, without the armistice, to an immedi ate discussion and arrangement of an article on that subject. This great question being satisfactorily adjusted, the way will be open either for an armistice or any other course leading most conveniently and expeditiousiy to a general pacification. 1 have the honor to be, Sec. JAMES MONROE. BRITISHMCHALLENGE. Ignorant of the fate of the blustering JDacres, sir James Yeo, of the Southampton frigate, sent the following polite challenge to Capt. 1). Porter, commander of the frigate Essex. The king, l the fountain of honor/ dubbed sir James, a knight ; we wished Capt. Porter the pleasure of drubbing\\m\ into a gentleman. * A passenger of the brig Lyon from Havanna to New- York, captured by the frigate Southampton, sir James Yeo, commander, is requested by sir James Yeo, to present ins compliments to Capt Porter, commander of the American frigate Essex, would be glad lo have a Itte-a-tele any where between the capes of Delaware and the Havanna, when he \vould have the pleasure to break Ins own sword over his damned head and put him down forward in irons/ AMERICAN ACCEPTANCE. Capt. Porter, of the U. States frigate Essex, presents lus compliments to sir James Yeo, commanding lii.s Bri tannic majesty s frigate Southampton, and accepts w.tli pleasure his polite invitation. If agreeable to sir James, Capt. Porter would prefer meeting, near the Delaware, where, Capt. P. pledges his honor to sir James, that no other American vessel shall interrupt their tete-a-tete, 180 HISTORY OF THE WAR. The Essex may be known by a flag bearing the motto FREE TRADE AND SAILORS RIGHTS ; And when that is struck to the Southampton Capt.PorteT will deserve the treatment promised by sir James. Philadelphia, Sept. 18, 1812. CHAPTER VI. JONES VICTORY AND CAPTURE. Capt. Junes to the Secretary oj the Navy. NEW-Y^RK, Nov. 24, 1812. SIR I here avail myself of the first opportunity of in forming you of the occurrences of our cruise, which ter minated in the capture of the Wasp on the 18th of Oct. by the Poictiers of 74 guns, while a wreck from damages re ceived in an engagement with the British sloop of war Frolic, of 22 guns ; sixteen of them thirty-two pound carron- ades, and four twelve pounders on the main deck and two twelve pounders, carronades on the top-gal !ant-forecaslle f making her superior in force to us by 4 twelve pounders. The Frolic had struck to us, and was taken possession of about two hours before our surrendering to the Poictiers. We had left the Delaware on the 13th. The 16th hud a heavv ga!e, in which we lost our jib-boom arid two men. Half p st eleven, on the night of the l?th, in the latitude of 37 deg. N. and Ion. 65 deg. W. we saw several sail, two of them appearing very large; we stood from them for some time, then shortened sail and steered the remain der oi the night the course we had perceived them on. At day-light on Sunday the 18th we saw them ahead gave chase and soo;i discovered them to be a convoy of six sail, under the protection of a s-oop of war; four of them large ships, mounting from 16 to 18 guns. At thirty two minutes past 11, A. M. we engaged the sloop of war, having first received her fire at the distance of fifty or sixty ^yards, which space we gradually lessened until we laid her on board, after a well supported fire of 4 minutes ; and al though so near while loading the last broadside that our rammers were shoved against the side of the enemy, our men exhibited the same alacrity which they had done dur- HISTORY OF THE WAR. 181 ing the whole of the action. They immediately surrender ed upon our gaining their forecastle, so that no IJHS was sustaii-ed on either side after boarding. Our main-top-mast was shot away ehveen 4 and 5 min utes from the commencement of the tiring, and falling to gether with the main-top-sail yard across the larboard- fore and fore-top-sail braces, rendered our head-varcta un manageable the remainder of the action. At eight minutes the gait and main-top-gailant mast came down, and at 20 minutes from the beginning of the action every brace ad most of the rigging was shot away. A few minutes after separating from ihe Frolic both her mast fell upon deck, the mainmast going close by the deck, and the foremast twelve or fifteen feet above it. The courage and exertions of the officers and crew fully answered my expectations and wishes. I have the honor to be, &c. JACOB JONES. AMERICAN LOSS. Killed 5 wounded 5. BRITISH LOSS. Killed 27 wounded 45. DECATUR S VICTORY. Com. Decatur to the Secretary of the Navy. U. 8. S. inited States, at sea, Oct. 30, 1812. SIR I have the honor to inform you, that on the 25th inst. being in lat. 29 deg. N. long. 29, 30 W. we tell in with, and, after an action of one hour and a half, captured his Britannic majesty s frigate Macedonian, commanded by Capt. John Carden, and mounting 49 carnage guns (the odd gun shifting.) She is a frigate of the largest class, two years old, four months out of dock, and reputed owe of the best sailers in the British service. The enemy being to windward, had the advantage of engaging us at bis own distance, which was so great, that for the first half hour we did not use our carronades, and at no moment was he within the complete effect of our musketry or grape ; to this circumstance and a heavy swell, which was on at the time, I ascribe the unusual length of the action. The enthusiasm of every officer, seamen, and marine o# board this ship, on discovering the enemy their steady HISTORY OP THE WAK. conduct in battle, and precision of their fire, could not be surpassed. Where all met my fullest Expectations, it would be unjust in me to discriminate. Permit me, how ever, to recommend to your particular notice, my first Lieut. William H. Alien. He has served with me upwards of five years, and to his unremitted exertions in disciplining the crew, is to be imputed the obvious superiority of our gunnery exhibited in the result of the contest. The Macedonian lost her mizen-mast, fore and main-top- roasts a*,d main yard, and was much cut up in her hull. The damage sustained by this ship was not such as io ren der her return into port necessary, and had 1 not deemed it impo .taut that we should see our prize in, should have con tinued our cruise. With the highest consideration, &c. STEPHEN DECATUR. AMERICAN LOSS. Killed 7 wounded 5. BRITISH LOSS. Killed 36 wounded f>8 prisoners 270. BAINBRIDGE S VICTORY. Com. Bainbndye to thv Secretary oj ike Navy. V. ti. K Constitution, $t Salvador, Jan. 3, 1813. SIR I have the honor to imlorrn you, that on the 29th salt* mo, at 2 P. M. in south latitude 13,06, and west long-. 38, 10 leagues distance from the coast of Brazils, I fell in with and captured his Britannic majesty s frigate Java, of 49 guns and upwards of 400 men, commanded by Capt. Lambert, a very distinguished officer. The action lasted one hour and 55 minutes, in which time the enemy was completely dismasted, not having a spar of any kind stand ing. The loss on board the Constitution was 9 killed and 25 wounded, as per enclosed list The enemy had 60 killed and 101 wounded, certainly, (among the latter Capt. Lun- bert, mortally^ but by the enclosed letter, written on board the ship, (by one of the officers of the Java) and accidental ly found, it is evident that the enemy s wounded must have been much greater than above stated, and who must have died of their wounds previously to their being removed* The letter states sixty killed and 170 wounded. HISTORY OF THE WAR. For further details of the action, I beg leave to refer you to the enclosed extracts from my journal. The Java had in addition to her own crew upwards of one hundred su pernumerary officers and seamen, to join the British ships of war in the East Indies ; also, Lieutenant-General His- lop, appointed to the command of Bombay, Major Walker, and Capt. Wood, ot his staff, and Capt. Marshall, master arid commander in the British navy, going to the East Indies to take command of a sloop of war there. Should I attempt to do justice, by representation, to the brave and good conduct of all my officers and crew, during the action, I should fail in the attempt ; therefore, suffice it to say, that the whole of their conduct was such as to merit my highest enconiums. On blowing up of the frigate Java, 1 proceeded to this place, where I have landed all the prisoners on their parole, to return to England, and there remain until regularly exchanged, and not serve in their professional capacities in any place or in any manner whatever against the U. States of America, until the ex change shall be effected. I have the honor to be, &c. W. BAINBRIDGR AMERICAN LOSS. Killed 9 wounded 25. BRITISH LOSS. Killed 60 wotiuded 101 - prisoners 376. Extract from Commodore Wm. Bainbridge s Journal, kept on board the U. S. F. Constitution. * Tuesday, Dec. 29, 1812. * At 9 A, M . discovered two strange sails on the weath er bow. At 10 discovered the strange sai!s to be ships; one of them stood in for the land and the other stood off shore, in a direction towards us. At 10, 45 A. M. we tacked ship to the northward and westward and stood for the sail standing towards us, and at 11 A. M tacked to the southward and eastward, hauled up the mainsail and took in the royals. At 11,30, made the private signal for the day, which was not answered, and then set the mainsail and royals to draw the strange sail off from the neutral tuul separate her from the sail in companv. 184 HISTORY OF THE WAR. * Wednesday, Dec. 3tf. 9 In lat. 13, 0, 8. long. 38 W. ten leagues from the coast.-- of Brazil, commences with clear weather and moderate breezes from E. N. E. hoisted our ensign and pendant. At 15 minutes past meridian, the ship hoisted her colors au English ensign, having a signal flying at her main. At J,26, P. M. being sufficiently from the land, and finding the ship to be an English frigate, took in the main- saii and royals, tacked ship and stood for the enemy. At 1,30, P. M. the enemy bore down with an intention of rak ing us, which we avoided by wearing. At 2 P. M. the en emy being within half a mile of us, and to windward, and having hauled down his colors except the union jack at the mizenrnast head, induced me to give orders to the officers of the 3d division to tire a gun ahead of the enemy, to make him show ths colors, which being done, brought on a fire from us of the whole broadside, on which the enemy- hoisted his colors, and immediately returned our lire. A general action with round and grape then commenced; the enemy keeping at a much greater distance than I wish ed ; but could not bring h-.m to a closer action, without ex posing ourselves to several rakes. Considerable manoeverg were made bv both vessels to rake and avoid being rak ed. The follo-vriff n lutes were taken during the action : * At 2, 10, P. M. commenced the action within good grape and cannister distance, the enemy to windward, but much farther than 1 wished. At 2,30, our wheel was shot entirely away. At 2,40, determined to close \vith the enemy notwith standing his raking. Set the tore and mainsail, and luffed up close to him. * At 2, 50, the enemy s jib-boom got foul of our mizen rigging. * At 3, the heaci of the enemy s bowsprit and jib-boom shot away by us. * At 3, 5, shot away his fore-mast by the board. At 3, 15, siio! -away his main-top- mast just above the cap. At 3 7 40, shot awMy the gaff and spanker boom. < At 3, 65, shol uway his niizen-niast nearly by the board A -, 5, having silenced the tire of the enemy completely- and iiis colors in the main rigging being down, supposed HISTORY OF THE WAR, 186 lie had struck ; then hauled down the course? to shoot ahead to repair our rigging", which was extremely cut ; leaving- the enemy a complete wreck ; soon after discov ered that the enemy s flag was still flying. Hove too to re pair some of our damage. * At -20 minutes past 4, the enemy s mainmast went nearly by the board. At 50 minutes past 4, wore ship arid stood for the en emy. At 25 minutes past 5, got close to the enemy, in a very effectual raking position, thwart his bows, and was at the instance of raking him, when he most prudently struck his flag: for had he suffered the broadside to have raked him, his additional loss must have been extremely great as ae laid an unmanageable wreck upon the water. Alter the enemv had struck, wore ship and reefed the topsads then hoisted out one of the only two remaining boats we I. ad left out of eight, and sent Lieut Parker, 1st of the Consti tution, to take possession of the enemy, which proved to be his Britannic majesty s frigate Java, rated 38, but carried 49 guns, and manned with upwards ot 400 men, command ed by Capt. Lambert, a very distinguished officer, who was mortally wounded. The action continued from com mencement to the end of the fire, one hour and 55 minutes. The Java had her own complement of men complete, and upwards of one hundred supernumeraries, going to British ships of war to the East Indies also several officers, pas sengers, going out on promotion. The force of the enemy in number of men at the commencement of the action was no doubt considerably greater than we have been able to ascertain, which is upwards of 400 men. The officers were extremely cautious in disovering the number. By her quarter bill ; she had one more man stationed to each gun than we had. The Constitution was very much cut in her sails, and rigging, and many of her spars injured. * At 7, P. M. the boat returned with Lieut. Chads the lirst Lieut, of the enemy s frigate, a ;\d Lieut. Gen. Hislop, (appointed Governor of Bombay) Maj. Walker, and Capt, Wood. Capt. Lambert was too dangerously wounded to be re moved immediately, The cutter returned on b?ard the 24 186 HISTORY OF THE \VAR. prize for the prisoners, and brought Capt. Marshall, master and commandant in the British navy, who was a passenger on board, also, several other naval officers. - The Java was an important ship, fitted out in the com-, pletest manner, to carry Lieut. Gen. Hi si op and staff to Bombay. Letter above alluded to, from an officer of the Java. Constitution, St. Salvador, Brozils^Jan. 1, 1813. My dear sir I am sorry to inform you of the unpleas ant news of Mr. Gascoine\s death. Mr. Gascoine and my self were shipmates in the Maryborough, and first came to sen together. He w us shot early in the action by a round shot in his right thigh, and died in a few minutes afterwards. Four others of his messmates shared the same fate, together with 60 men killed and 170 wounded. The official ac count you will no doubt have read before this reaches you. I beg you will let all his friends and relations know of his untimely fate. We were on board the Java for a passage to India when we fell in with this frigate. Two parcels I have sent you under good care, and I hope this will reach you safely. Yours truly, II. D. CORNECK. Lieut. P. V. Wood, 22d reg. Isle of France. LAWRENCE S VICTORY. Capt. Lawrence to t/ie Secretary oj the U. S. S. Hornet, Holmes Hole, March SIH I have the honor to inform you of the arrival al this port, of the U. S. ship Hornet, under my command, from a cruise of 145 days, and to state to you, that after Com. Bainbridge left the coast of Brazils, (on the 6th of January last) the Hornet continued off the harbor of St. Salvador, blockading the Bonne Citoyenne, of 21 guns, until the 24th, when the Montagu, 74, hove in sight and chased me into the harbor; but night coming on I wore and stood to the southward. Knowing that she had left Rio Janeiro for the express purpose of relieving the Bonne Citoyenne, and the Packet, of 14 guns (which I had also blockaded for fourteen days, and obliged her to send her mail to Rio, in a Portuguese smack) I judged it most pru- HISTORY OF THE WAR. 187 dent to change our cruising 1 ground, and stood to the east ward, with the view of cruising off Pernambuco and on the 4th day of February, captured the English brig Res olution, from Rio Janeiro, bound toMoranham, with cof fee, jerked beef, flour, fustic, and butter, and about 25,000 dollars in specie. As the brig sailed dull, and could ill spare hands to man her, I took out the money and set her on fire. I then run down the coast for Moranhum, and cruised there a short time ; from thence ran off Surriiiam. After cruising off that coast from the 5th to the 22d of Feb ruary, without meeting a vessel, I stood for Deinarara, with an intention should I not be fortunate on that station, to run through the West Indies, on my w ? ay to the U. States. But on the morning of the 24th, T discovered a brig to lee ward, to which I gave chase ; van into quarter less four, and not having a pilot, was obliged to ha d off* the fort at the entrance of Demarara river at this time bearing S, W. distance about 2 1-2 leagues. Previously to giving up the chase, 1 discovered a vessel at anchor without the bar with English colors flying 1 , apparently a brig of war. In beat ing round Corrobano bank, in order to get at her, at half past 3, P. M. I discovered another sail on my weather quarter, edging down for us. At 4, 20, she hoisted Eng lish colors, at which time we discovered her to be a large man of war brig beat to quarters, and cleared ship for action kept close by the wind, in order if possible to get the weather guage. At 5, 10, finding I could weather the enemy, I hoisted American colors, and tacked. At 5, 20, in passing each other, exchanged broadsides within half pistol shot. Observing the enemy in the act of wearing, 1 bore up, received his starboard broadside, ran him close on board on the starboard quarter, and kept up such a heavy and well directed fire, that in less than 15 minutes he sur rendered, being literally cut to pieces, and hoisted an ensign, union down, from his fore rigging, as a signal of distress. Shortly after his mainmast went by the board. Despatched Lieut. Shubrick on board, who soon returned with her first Lieut, who reported her to be his Britannic majesty s late brig Peacock, commanded by Capt. Wil liam Peake, who fell in the latter part of the action that a number of her crew were killed and wounded, and that she was sinkin fast, havin- then six feet of water i$ her 188 HISTOKY OF T11E WAR. hold. Despatched the boats immediately for the wound ed, and brought both vessels to anchor. Such shot hoies as could be got at, were then plugged ; her guns thrown overboard, and every possible exertion used to keep her afloat, until the prisoners could be removed, by pumping and bailing, but without effect; and she unfortunately sunk in five and a half fathoms water, carrying down 1-3 of her crew, and three of my brave fellows. Lieut. Conner, mid shipman Cooper, and the remainder of the Hornet s crew, employed in removing the prisoners, with difficulty saved themselves by jumping in a boat that was lying on her bows as she went down. Pour men, of the 13 mentioned, \vere so fortunate as to gain the fore-top, and were after wards taken off by the boats. Previous to her going down, four of her men took to her stern boat, which had been much damaged during the action, who, I hope, reached the shore in safety ; but from the heavy sea running at the time, the shattered state of the boat, and the difficulty of landing on the coast, I much fear they were lost. I have not been able to ascertain from her officers the exact num ber killed. Capt. Peake and four men were found dead o; board. The master, one midshipman, carpenter, and Ca -tain s clerk, and 29 seamen were wounded, most of them very severely, three of whom died of their wounds af.er being removed, and 9 drowned. Our loss was tri fling in comparison, being onlv 2 killed and 3 wounded. Our rigging and sails were very much cut ; one shot through ihe foremast, and the bowsprit slightly injured. Our hull received little or no damage. At the time the Peacock was brought to action, the L Espeigle, (the brig mentioned above as being at anchor) mounting 16 two and thirty pound carronades and two long nines, lay about six miles in shore, and could plainly see the whole of the ac tion. Apprehensive that she would beat out to the assist ance of her consort, such exertions were made by my offi cers and crew in repairing damages, &c. that by 9 o clock the boats were stowed, a new set of sails bent, and the ship completely ready for action. At 2, A. M. got under way, ai d stood by the wind to the northward and westward, un der easy sail. On must- ring next morning, found we had 277 souls on board, including the crew of the American brig Hunter, HISTORY OF THE WAR. 189 of Portland, taken a few days before by the Peacock. And, as we had beeu on two thirds allowance of provisions for some time, and had but 3,400 gallons of water on board, I reduced the allowance to three pints a man, and deter mined to make the best of my way to the U. States. The Peacock was deservedly styled one of the finest ves sels of her class in the British navy, probably about the ton- age of the Hornet. Her beam was greater by five inches ; bin her extreme len gth not so great by four feet. She mounted 16 twenty four pound carronades, two long nines, one twelve pound carrouade on her top-gallant forecastle, as a shifting gun, and one 4 or 6 pounder, and 2 swivels mounted aft. I find by her quarter bill that her crew con sisted of 134 men, four of whom were absent in a prize. With the greatest respect, &c. JAMES LAWRENCE. P. S. At the commencement of the action my sailing master and seven men were absent in a prize, and Lieut. Stewart, and six men on the sick list CHAPTER VII. CAPTURE OF LITTLE YORK. Gen. Dearborn to the Secretary oj H ar. H. Q. York, Upper Canada, April 28, 1813. SIR After a detention of some days by adverse, winds, we arrived at this place yesterday morning, and at 8 o clock commenced landing the troops about 3 miles westward from the town, and one and a half from the enemy s works. The wind was high and in an unfavorable direction for the boats, which prevented the landing of the troops at a deal- field, the scite of the ancient French fort Tarento. It pre vented also many of the armed vessels from taking posi tions, which would have most effectually covered our land ing but every thing that could be done was effected. The riflemen under Major Forsyth first landed, under a heavy fire from Indians and other troops. Gen. Sheaffe commanded in person. He had collected his whole force in the woods near the point where the wind compelled our 190 HISTORY OF THE WAR. troops lo land. His force consisted of 700 regulars and militia, and 100 Indians. Major Forsyth was supported as promptly as possible ; but the contest was sharp a< d severe for nearly half an hour, and the enemy were repulsed by a number far inferior to theirs. As soon as Gen. Pike land ed with 7 or 800 men, and the remainder of the troops were pushing for the shore, the enemy retreated to their works. Our troops were now formed on the ground ori ginally intended for their landing, advanced through a thick wood, and after carrying one battery by assault, were moving on in columns towards the mam work ; when in sixty rods of this, a tremendous explosion took place from a magazine previously prepared, and which threw out such immense quantities of stone as most seriously to injure our troops. 1 have not yet been able to collect the returns of the killed and wounded ; but our loss will, I fear, exceed 100; and among these I have to lament the loss of that brave and excellent officer Brig. General Pike, who receiv ed a contusion from a large stone, which terminated his valuable life within a few hours. His loss will be severely felt Previously to this explosion the enemy had retired into the town, excepting a party of regulars, to the number of 40, who did not escape the effects of the shock, and were destroyed. General Sheafie moved off with the regular troops, and left directions with the commanding officer of the militia to make the best terms he could. In the mean time all further resistance on the part of the enemy ceased, and the outlines of a capitulation were agreed upon. As soon as I learned that Gen, Pike had been wounded, I went on shore. To the Gen. I had been induced to con- ride the immediate attack, from a knowledge that it was his wish, and that he would have felt mortified had it not been given to him. Every movement was under my view. The troops be haved with great firmness, and deserve much applause, par ticularly those first engaged, and under circumstances which would have tried the steadiness of veterans. Notwithstanding the enemy s advantage in position and numbers in the commencement of action, their loss was greater than oars, especially in officers. It was with great HISTORY OF THE WAR. 191 exertion that the small vessels of the fleet could work into the harbor against a gale of wind, but as soon as they got into a proper position, a tremendous cannonade opened upon the enemy s batteries, and was kept up against them, until they were carried or blown up, and had, no doubt, u powerful effect upon the enemy. We have not I he means of transporting the prisoners and must of course leave them on parole. I have the honor to be, &c. HENRY DEARBORN. Com. Chauncey to the Secreltiry of the Navy. U. S. Ship Madison, off York, April 28, 1813. SIR Agreeably to your instructions and arrangements made with Major-Gen. Dearborn, I took on board of the squadron under my command the Gen. and suite, and about 1700 troops, and left Sackett s Harbor on the 25th iust. for this place. We arrived here yesterday morning and took a position about one mile to the south and westward of the enemy s principal fort, and as near the shore as we could with safety to the vessels. The place fixed upon by the Major Gen. and myself for landing the troops, was the scite of the old French fort Tarento. The debarkation commenced about 8 o clock, A. M. and was completed about 10. The wind blowing heavy from the eastward, the boats fell to leeward of the position fixed upon, and were in consequence exposed to a galling fire from the enemy, who had taken a position in a thick wood near where the first troops landed; however, the cool intrepidity of the officers and men overcame every ob stacle. Their attack upon the enemy was so vigorous, that he fled in every direction, leaving a great many of his killed and wounded upon the field. As soon as the troops were landed, 1 directed the schooners to take a position near the forts, in order that the attack on them by the army and na vy might be simultaneous. The schooners were obliged to beat up to their position, which they did in a very handsome order, under a very heavy fire from the enemy s batteries, and took a position within about 600 yards of their princi pal fort, and opened a heavy cannonade upon the enemy which did great execution, and very much contributed t<> their final destruction. The troops, as soon :Vs landed, 192 HISTORY OF THE were formed under the immediate orders of Brig. General Pike, who led in a most gallant manner the attack upon the forts, and after having* carried two redoubts in their ap proach to the principal work, (the enemy having previous ly laid a train) blew Up his magazine, which in its effects upon our troops was dreadful, having killed and wounded a great many, and amongst the former, the ever to be la mented Brig. General Pike, who fell at the head of his* column by a contusion received by a heavy stone from the magazine. His death at this time is much to be regretted, as he had the perfect confidence of the Major-General ; and his known activity, zeal, and experience, makes his loss a national one. In consequence of the fall of Gen. P ke, the command of the troops devolved for a time upon Col. Pierce, who soon after took possession of the town. At about 2, P. M. the American flag was substituted for the British, and at about four, our troops were in quiet possession of the town. As soon as Gen. Dearborn learnt the situation of Gen. Pike, he lande.i and assumed the command. I have the honor of enclosing a copy of the capitulation which was entered into, and approved by Gen. Dearborn and myself. The enemy set fire to some of his principal stores, con taining large quantities of naval and military stores, as well as a large ship upon the stocks nearly finished the only vessel found here is the Duke of Gloucester, undergoing repairs the prince regent left here on the 24th for Kings ton. We have not yet had a return made of the naval and military stores, consequently can form no correct idea or the quantity, but have made arrangements to have all taken on board that we can receive the rest w r ill be destroyed. I have to regret the death of midshipmen Thompson and RatnVld, and several seamen killed the exact number I do not know, as the returns from tbe different vessels have not yet been received. I have the honor to be, Scr. ISAAC CHAUNCEY. TERMS OF CAPITULATION, Entered into on the 27th of April, 1813, for the surrender of the town of York, in Upper Canada, to the army and navy of the United States, under tl e command of Major Gen. Dearborn and Commodore Chauncey. HISTORY OF THE WAR. 193. , That the troops, regular and militia, at this post, and the ttuval officers and seamen, shall be surrendered prisoners of war. The troops, regular and militia, are to ground their arms immediately on parole, arid the naval officers and seamen be immediately surrendered. That all public stores, naval and military shall be imme diately given up to the commanding officers of the army and navy of the U. States. That all private property shall be guaranteed to the citizens of the town of York. That all papers belonging to the civil officers shall be re tained by them that such surgeons as may be procured to attend the wounded of the British regulars and Canadian militia shall not be considered prisoners of war. That I Lieut. Col. 1 Major, 13 Capt?, 9 Lients. 11 En signs, 1 Quarter-master, 1 deputy Adjutant-General, 19 serjeant^, 4 corporals, and 204 rank and iile, of the muitra. Ot i he field train department 1, of the provincial navy 21, ot his majesty s troops 2, and of the royal artillery 1 bom bardier and 3 gunners, shall be surrendered as prisoners of war, and accounted for in the exchange of prisoners be tween the U. States and G Britain. G. S. MITCHELL, Lt. Coi. 3d A. U. S. SAMUEL S. CONNER, Maj. and AD C. to Maj. Gen. Dearborn- WILLIAM KING, Maj. U. S. Infantry. JESSE D. ELLIOT, Lieut, U. S. Navy. W. CHEW ITT, Lt. Coi. com. 3d R-g. Y. militia. W. ALLAN, Maj. 3d Reg. York militia. F. GAURREAU, Lieut. M. Dpt. Gen. Dearborn to the Secretary of War. NIAGARA, May 3, 1813. [Extract.] York was one immense magazine, which sup plied Niagara, Detroit, ai.d fort George. The troops were halted a few moments to bring up the heavy artillery to play on the block house, when Gen. Sheaffe despairing of holding the town, ordered lire to be put to the principal magazine, in which was deposited 500 barrels of powder, and an immense quantity of shells and shot. The explo sion u as tremendous, and raked our column from front to rear with such effect that it killed 52, and wounded 180 of >nr men, among the latter was brig. Gen. Pjke, who died 194 HISTORY OF 1HE WAR. of his wounds shortly after. Notwithstanding this calami ty, and the discomfiture that might be expected to follow it, the troops fjavc three cheers, instantly for meet, and marched on fur the town. Notwithstanding- the immense amount destroyed by them, we found more public property than our vessels could bring away. Gen. Sheaffe s baggage and papers fell into my hands ; they area valuable acquisition. A SCALP was found in the Executive and Legislative Council Chamber, suspended near the Speaker s chair. A statement of our loss, as well as that of the enemy is sub joined. AMERICAN LOSS. Killed in battle 14 do. by the explosion 52. Wounded in battle 23 do. bv the explosion 180. BRITISH LOSS. Killed in battle 75 do. by their explosion 40. Wounded in battle 62 do. by their explosion 23. Prisoners, militia 700 do. regulars 50. Gen. )! inchester to the Secretary of War. Fort Georye, Upper Canada^ Feb. 11, 1813. SIR On the 23d ultimo, 1 had the honor of communi cating to your excellency the result of the action at French- town on the river Raisin, of the preceding day. I have it now in my power to transmit to you a more detailed ac count of that transaction, together with a more minute statement of our loss. A list of the killed, and wounded, and missing, is herewith enclosed. The attack upon our camp was commenced about 6 o clock in the morning, by a heavy tire of small arms together with the discharge of (> pieces of artillery, directed immediately at our lines, and the houses and temporary breast-work, from behind which a portion of our troops were engaged with the enemy. Ear ly in the action a charge was made by the assailants ; but the lire from our lines was so intense that they were quickly compelled to retire. In this charge the 41st regiment of British regulars prin cipally suffered, their loss during the charge and in the subsequent engagement, being very considerable. Out of three hundred of these troops about 30 fell dead upon the field, and 90 or 100 \vounded were removed from the ground. HISTORY OF THE WAR. It is impossible to state with any degree of accuracy the number of Canadian militia and Indians which were killed or wounded during the engagement ; it could, how ever, not have been small, having received for three or four hours the constant fire of the musketry and riflemen, from the breast-work under which they were formed. The ac tion had endured about a quarter of an hour, v\ hen the right division of our troops, who were less secured by a breast work, and exposed to a heavy fire from a body of Indians and militia, who had possessed themselves of some ouU houses within their reach, were obliged to retreat from their lines in the encampment, for the purpose of occupy, g ground less exposed. This retreat being discovered by the enemy, the whole Indian force, together with a portion ot the militia, bore down upon them with redoubled vio lence, and prevented, by their superiority of numbers and the severity of their fire, the practicability of ever again forming this portion of our troops in order of battle. It was from this division that our principal loss was sustained, few indeed having escaped. Every effort in vain was em* ployed to form them in some order of action, as affording the only means of either repelling the pursuers, or regain ing the temporary breast- work from behind which the re maining part of our troops still gallantly defended them selves; but every exertion was in vain employed, and the very few who survived of the party surrendered as prison ers to the enemy. Our loss in this action will be ascertained by the list herewith enclosed. Among the kilUd, I have to lament several brave and valuable officers, some of whom had distinguished themselves in the action of the evening of the 18th, and fell on the 22d, while unavailingly engaged in rallying the troops, who retreated in disorder from the lines. Among those, the loss of Cpl. John Allen, and Major E. JVrCrannahan, is to be particularly regretted, as also Capt, John H. Woolfolk, one of my aids-de-camp ; their exer tions were unsuccessful, notwithstanding every possible exertion was employed ; they bravely fell in discharge of their respective duties. While I regret the fate of those who bravely fell upon this occasion, I should do injustice to pass over, without notice, the few partakers in their dan ger, who were fortunate to survive them. To Lieut. HISTORY OF THE AVAR. Will lam Lewis, who commanded on the 18tb, and to Capf. John Overtoil, my aid-de-camp, who attended my person on the field, my thanks are particularly due, for their prompt and willing- exertion, during- every period of the conflict. To the officers and soldiers who bravely main tained their ground in the temporary fortifications, too, much praise cannot be bestowed. Assailed by numbers, greatly superior, supported by six pieces of artillery, ihey gallantly defended themselves with their small arms alone, for near four hours of constant battle. No troops ever be haved with more cool and determined bravery ; from the commanding officer down to the private soldier, there was scarce a single abandonment of duty ; and at the last vvheu their ammunition was nearly exhausted, and surrounded by the enemy, greatly superior in number and the means of war, surrendered with a reluctance rarely to be found upon similar occasions. The officers commanding iu the breast work defended themselves to the last, with great gallantry, and merit mv warmest gratitude, as well as the highest praise of their country. With sentiments of respect, &c. J. WINCHESTER. AMERICAN LOSS. Killed, wounded, and missing 803. BRITISH LOSS. Killed 150 wounded 158. MASSACRE OP GEN. WINCHESTER S ARMY. [Thefollow wff Narrative of tue massacre at after Gen. /Winchester s defeat, wa drawn up by Lieut. Baker of the 2d reyt. L. #. Infantry."] So much has been said about the Indian massacres at French-town and its neighborhood, that something circum stantial from one who had an opportunity of acquiring in formation on the subject may not be unacceptable to the public. I therefore submit the following narrative. On the morning of tiie 22d of January, I was captured by the Indians about 9 o clock, with another officer and about forty men. Closely pursued by an overwhelming force of Indians, we were endeavoring to effect our escape, and had attained the distance of about three miles from French- town, when an offer of quarter was made us by an Indian HISTORY OF TITE WAR. 197 chief. Many Indian chiefs on horseback being in our rear, tomahawking the hindmost, and withal the men being much wearied with running* through the deep snow, we concluded it bast to accept the chiefs proposition. Ac cordingly we assembled around him, and gave up the few remaining arms that were still retained in the flight. I:i a few minutes the Indians on foot came up, and notwithstand ing the chief appeared solicitous to save, massacred about half our number. I was led back towards the river along the road we had retreated in. The dead bodies of my fel low comrades, scalped, tomahawked, and stripped, pre sented a most horrid spectacle to my view. 1 was at length taken to a fire near Col. Proctor, where I remained till our army capitulated, and marched by me towards Maiden. Major Madison,* as he was marching past, demanded me of the British officer commanding the guard, as an Amer ican officer ; but the noble Briton replied with a sneer, * You have too many officers/ arid ordered the column to advance which had made a partial halt. I was taken to Sandy creek, about three miles off, on Hull s road, and there kept during the night with about 20 other prisoners. jNext morning my master left me in charge of the old In dian, and with the exception of 20 or 30, all the Indians in the camp went back towards the river Raisin. They re turned about 2 o clock, P. M. bringing a number of fresh scalps and about 30 prisoners, many of whom were wound ed, though with a single exception, none dangerously. I \vastold by the prisoners that the Indians had that morning returned to the village, and massacred Capt. Hickman and a great many others, and that they were fearful that Maj. Graves and Capt, Hart were of the number; that some of the wounded had been scalped alive and burned in the houses. I had scarcely been told these things, when a vol unteer who was standing by my side, was knocked down, * After the surrender of our troops to the British, at the river Raisin, the Indians, in violation of the articles oj capitulation , crowded among them, and were plundering their property when the heroic Madison desired Col. Proctor to keep Uitniojf; the Indians arejierce and unmanageable, (said Proctor J it cannot be done* Madison cooly replied, * if you cannot dis perse them, i will.* the men mert ordered to shoulder their anrts t and Procter Jearing that charge bayonet n ouldfollon^ufived his sn ord, a*id the Indians instantly nitkdmt 198 HISTORY OF THE scalped, and afterwards tomahawked. Three others were successively treated in the same manner. Seven days afterwards, I was sold in Detroit to some American gentlemen, and the next day sent over to Sand wich, where I remained nearly three weeks. In this time I had an opportunity of making enquiry about the massa cres, and found that 60 had been massacred subsequent to the day of battle, and two officers the day on which the bat tle was fought, after they had surrendered. Of the first were Capt. N. G. S. Hart of Lexington, Capt. Paschal Hickman of Franklin, John H. Wool folk, Esq. the Gen eral s Secretary ; and of the latter Capt. Virg.l M Cracken of Woodford, and E;isign Levi Wells, son of Col. Wells of the U. S. Infantry. Judge Woodward has asceiv tained several instances of great barbarity exercised on our prisoners, which will appear as soon as that truly philantropic and patriotic gentleman returns to his own couiiiry. Massacres were not only committed on the 2 4 2d and 23d, but also on the 24th, 25th, and 26th, and even three weeks afterwards fresh scalps were brought into Maiden. Should this relation be doubted, many living witnesses of high standing for probity, may be found to attest them. Expedition against the Indians. Major Gen. Samuel Hopkins, on the llth of Nov. 1812, marched wilh 1000 men under his command, from fort Harrison, on an expe dition to the Prophet s town, for the purpose of destroying their village, provisions, Sec. On the morning of the 19th, a detachmf3nt of 300 men destroyed a town, and a great quantity of corn, belonging to the Wiuebago tribe, lying ou the Ponce Passu creek, one mile from the Wabash, and four from the Prophet s town. On the 20th, 21st, and 22d, they destroyed the Prophet s town and a Kickapoo village, on the opposite side of the river, consisting of upwards of 200 houses, a considerable quantity of corn, &c. Oa the 21st a large body of Indians were discovered above seven miles from the town, by a small party, who the Indians tired on, and killed one man; the next day Lieut. Cols. Miller, and Wilcox, anxious to bury their comrade, as well as gain a more complete knowledge of their situa- HISTORY OF THE WAR. 199 lion and strength, set out with party of horsemen, consist ing of about sixty ; the Indians had placed themselves in a sir > ig place, on a ridge of land, running bejtvveen. two large and rapid creeks, which could not be ascended only by a sleep ravine our part} 7 returned, after a smart skirmish, in which we lost, in killed, wounded, and missing, 18 men. On the 24th, the main body of the army started for Ihe purpose of destroying the enemy in their strong hold ; but when arrived at the spot they found they had fled, previous to the storm of snow, which fell very deep, on the 23d which prevented any further pursuit. Brig. Gen. Smyth, in November, 1812, issued several addresses to the inhabitants on the frontiers, for the purpose of raising volunteers to cross into Canada, opposite Niagara, Including the regular army under his command, and the volunteers that repaired to his camp, he had, on the 27th Nov. 4000 men. Two parties were sent across the river to destroy a bridge below fort Erie, and capture and spike the cannon in the batteries, and some pieces of light artillery. After accomplishing their object, the parties separated by misapprehension ; Lieut Angus, the seamen, and a part of the troops returned with all the boats, while Capts. King, Morgan, Sproul, and Houston, with about 60 men, remain ed. The party thus reduced, took and rendered unservice able tsvo of the enemv s batteries, captured 34 prisoners, and 2 boats, in which Capt. King sent his prisoners, his own officers, and half of his men across, remaining himself with 30 men, refusing to abandon them. On the 30th Nov. Gen. Smyth again attempted to cross, with 3000 men, but by some misunderstanding only a few would, or could be made to embark. The killed in both these attempts amounted to about 20 the wounded 30 and prisoners 31. The enemy lost 10 killed 17 wounded, and 34 prisoners, besides an Indian chief. Capt Forsylh, commandant at Ogdensburg, crossed over to Ehzabethtown on the 7th of Feb. 1813, with about 200 volunteers from the militia and citizens, where they surprised the guard, took 42 prisoners, with 1 Maj.3 Capts. 2 Lieuts. and 120 muskets, 20 rifles, two casks of fixed ammunition, and considerable other public property, which was effected without the loss of a man. 200 HISTORY OF THE WAR, , CH AFTER VIII. Gen. Harrison to the Secretary of War. Lower Sandusky, May 13, 1818L SIR Having- ascertained that the enemy {I i.;iiis as well as British) had entirely abandoned the neighborhood of the Rapids, I left the command of camp Meigs with Gen. Ciay and came here last, night. It is with the greatest satisfaction, I inform yon, sir. that I have every reason to believe, that the loss of the Kentucky troops in killed on the north side of the river does not exceed fifty. On the 10th and llth inSt. I caused the ground which was the scene of action, audits environs, to be carefnlly exam ined, and after the most diligent search 45 bodies only of our men, were discovered among them was the leader of the detachment, Col. Dudley. No other officer of note fell in the action. Gen. Proctor did not furnish me with a re turn of the prisoners in his possesion, although repeatedly promised. His retreat was as precipitate as it could pro perly be, leaving a number of cannon ball, a new elegant sling-carriage for cannon, and other valuable articles. The night before his departure two persons that were employ ed in the British gun-boats (Americans by birth) deserted to us. The information they gave me was very interesting ; they say that the Indians, of which there were from 1600 to 2000, left the British the day before their departure in a high state of dissatisfaction, from the great loss which they had sustained in the several engagements of the 5th, and the failure of the British in accomplishing their promise of taking the post at the Rapids. From the account given by these men, my opinion is comfit med of the great superiority of the enemy which were defeated by our troops in the two sallies made on the oth inst. That led by Col. Miller did not exceed 350 men, and it is very certain that they defeat ed 200 British regulars, 1*50 militia, and 4 or oOO Indians. That American regulars (although they were raw recruits J and such men as compose the Pittxburg, Penn. and Peters-*- burg, Ya. volunteers, should behave well, is not to be won dered at but that a company of militia should maintain its HISTORY OF THE WAR. ground against four times its numbers, as did Capt. Sebres, of the Kentucky, is truly astonishing. These brave fellows were at length however entirely surrounded by Indians, and would have been entirely cut off, but for the gallantry of Lieut. G wynne of the 19th regiment, who, with part of Ca.t, Elliott s company, charged the enemy and released the Kentuckians. A copy of Gen. Clay s report to me of the manner of his executing- my order lor the attack on the enemies batteries, is likewise forwarded, by which it will be seen that my in- h -ition was perfectly understood, and the great facility with which it might have been executed is apparent to ev ery individual who witnessed the scene. Indeed, the can non might have been spiked, the carriages cut to pieces, the magazine destroyed, and the retreat effected to the boats without the loss of a man, as none were killed in ta king the batteries, so complete was the surprize. An extensive open plain intervenes between the river and the hill upon which the batteries of the enemy were placed ; this plain was raked by four of our eighteen poun ders, a twelve and a six. The enemy, even before the;r guns were spiked, could not have brought one to bear on, it. So perfectly secured was their retreat, that loO men who came off, effected it without loss, and brought oft some of the wounded, one of them upon the backs of their com rades. The Indians followed them to the woods, but da red not enter into the plain. 1 am unable to form a correct estimate uf the enemy s force. The prisoners varied much in their accounts; those who made them least, stated the regulars at 550, and mili tia at 800; but the numbers of Indians were beyond com parison greater than have ever been brought into the field before ; numbers arrived after the siege commenced, and they were indeed the efficient force of the enemy. I have the honor to be, &c. W. H. HARRISON, AMERICAN LOSS. Killed 81 Wounded 189, British loss not known, 2<D2 HISTORY OF THE WAR, The following conversation took place between Maj. Cham bers and Gen. .Harrison, on a demand for the surrender of fort Meiys. Maj. ChaberinsGeu. Proctor has directed me to de mand the surrender of this post. He wishes to spare the eflusion of blood. Gen. Harrison The demand, under present circum stances, is a most extraordinary one. As Gen. Proctor did not send me a summons to surrender on his first arrival, I had supposed that he believed me determined to do my duty. His present message indicates an opinion oi me that I am at a loss to account for. Maj. Chambers Gen. Proctor could never think of say ing any thing to wound your feelings, sir. The character of Get). Harrison, as-an oflicer, is well known, Gen. Proc tor s force is very respectable, and there is with him a larger body of hidians that have ever before been embarked. Gen. Harrison 1 believe I have a very correct idea of Gen. Proctor s force, it is not such as to create the least ap prehension, for the result of the contest, whatever shape he may be pleased here t .fter to give to it. Assure the Gen. however, that he will never have this post surrendered to him upon any terms. Should it fall into his hands, it will be in a manner calculated to do him more honor, and to give him larger claims upon the gratitude of his government than any capitulation could possibly do. CAPTURE OF FORT GEORGE. Gen. Dearborn to the Secretary of War. H. Q. Fort Georf/e (i ! . C ) May 27, 1813. [Extract. ] SIR The light troops under the command of Col. Scott and Major Forsyth, landed this morning at 9 o clock. Major Gen. Lewis s division, with Col. Porter s command ot light artillery, supported by them. Gen. Boyd s brigade landed immediately after the light troops, and Gens. Winder and Chandler in quick succession. The landing was warmly and obstinately disputed by the Bri tish forces ; but the coolness and intrepidity of our troops- soon compelled them to give way in every direction. Gen. Chandler, with the reserve, composed of his brigade and Col. Macomb s artillery covered the whole. Commodore Chauncey had made the most judicious arrangements for HISTORY OF THE WAR. 208 silencing the enemy s batteries, near the point of landing. The army is under the greatest obligations to that able na val commander for his co-operation in all its important movements, and especially in its operations this day. O-ir batteries succeeded in rendering Fort George untenable, and whe*i the enemy had been beaten from his positions, aud found it necessary to re-enter it, after firing a few guns and sethng fire to the magazines, which soon exploded, he moved off rapidly by different rouies. Our light troops pursued ihem several miles. The troops having been un der arms from one o clock, in the moniiug, were too much exhausted for any further pursuit. We are now in posses sion ot Fort George and its immediate dependencies to morrow we proceed further on. The behaviour of our troops, both officers and men, entitles them to the highest praise ; and the difference in our loss with that of the ene my, when we consider the advantages his positions afforded him, is astonishing: Coi. Meyers of the 49th, was wound ed and taken prisoner. Of ours, only one commissioned officer was killed Lieut. Hobart of the light artillery. I have the honor to be, &c. H. DEARBORN, Gen. Dearborn to l/te Secretary of War. H. Q. Fort George, May, 29, 1813. [Extract.] Lieut. Col. Preston took possession of fort Erie and its dependencies last evening ; the post had been abandoned and the magazine blown up. I have ordered Gen. Lewis to return without delay to this place, and if the winds favor us, we may yet cut off the enemy s retreat. I was last evening honored with your dispatch of the 15th iiist. I have taken measures in relation to the 23 pri soners, who are to be put in close confinement I have the honor to be, &c. H. DEARBORN. AMERICAN LOSS. Killed 39 wounded 111- total 150. BRITISH LOSS. Killed 108 wounded 103 Prisoners 622 total 893, HlblOItY OF TILE WAK. Com. Chauncey to the Secretary of the Navy. U. S. & tyadison, off Niagara, May, *28, 1813. SIR- 4 - Agreeable to arrangements which I have already had the honor of detailing to you, I left Jacket s Harbor 011 the 22d inst. with about 3-jO of Col. M Comb s regiment on board- the winds being light from the westward, I did not arrive in the vicinity of Niagara before the 25th; the other parts of the squadron had arrived several days before, and landed their troops. The Fair American and Pert I had ordered to Sacket s Harbor, for the purpose of watch ing the enemy s movements at Kingston. I immediately had an interview with Gen. Dearborn, for the purpose of making arrangements to attack the enemy as soon as pos sible, and it was agreed between him and myself to make the attack the moment that the weather was such as to al low the vessels and boats to approach the shore with safety. On the 26th, I reconnoitred the position for landing the troops, and at night sounded the shore, and placed buoys to sound out the stations for the small vessels. It was agreed O between the General and myself to make the attack the next morning (as the weather had moderated, and had eve ry appearance of being favorable.) I took on board of the Madison, Oneida, and Lady of the Luke, all the heavy ar tillery, and as many troops as could be stowed. The re mainder were to embark in boats and follow the fleet. At 8 yesterday morning the signal was made for the fleet to weigh, and the troops were all embarked on board of the boats before fou", and soon after Gens. Dearborn and Lewis came on board of the ship with their suites. It be ing however nearly cairn, the schooners were obliged to sweep into their positions. Mr. Trant in the Julia, and Mr. Mix in the Growler, I directed to take a position in the mouth of be river, ami silence a battery near the light house, which from its position commanded the shore where the troops were to land. Mr. Stevens in the Ontario, was directed to take a position to the north of the light house, so near the shore as to enfilade the batterv and cross the fire of the Julia ar.d Growler. Lieut. Brown in the Governor Tompkins, I directed to take a position near Two Mile creek, where the enem r had a battery with a heavy gun. iieut. Pettigrew in the Conquest, was directed to anchor to the southeast ot the same battery, so near in as to open on it HISTORY OF THE WAR. 205 in the rear, and cross the fire of the Gov. Tompkins. Lt. M Phersoti m the Hamilton, Lieut. Smith in the Asp, and Mr Jsgood in the Scourge, were directed to anchor close to tiu> shore, and cover the landing of the troops, and to scour the woods and plain wherever the enemy made his appearance. Ail these orders were promptly and gallant ly t Atcuted. All the vessels anchored within musket shot ot the shore, and in ten minutes after they opened upon the batteries, they were completely silenced and abandoned. Our troops then advanced in three brigades, the advance led by Col. Scott, and landed near the fort, which had bee ; silenced by Lieut. Brown. The enemy, who had been concealed in a ravine, now advanced in great force to the edge of the bank to charge our troops. The schoon ers opened so well directed and tremendous afire of grape and canister, that the enemy soon retreated from the bank. Our troops formed as soon as they landed, and immediately ascended the bank, charged and routed the enemy in every direction, the schooners keeping* up a constant well direct ed fire upon him in his retreat towards the town. Owing to the wind s having sprung up very fresh from the east ward, which caused a heavy sea directly on shore, I was not enabled to get the boats off to land the troops from the Madison and Oneida, before the first and second brigades had advanced. Capt. Smith with the marines, landed with Col. M Comb s regiment, and I had prepared 400 seamen, which I intended to iand with myself, if the enemy had made a stand ; but our troops pursued him so rapidly in to the town and fort George, th it I found there was no necessity for more force; moreover, the wind had increas ed so much and hove sucli a sea on shore, that the situa tion of the fleet had become dangerous and critical. I therefore, made a signal for the fleet to weigh, and order ed them into the river, where they anchored immediately after the enemy had abandoned fort George. The town and forts w ere in quiet possession of our troops at 12 o clock, and the enemy retired in a direction towards Qaeenstown. Capt. Perry joined me from Erie on the evening of the 2oih, and very gallantly volunteered his services, and I have much pleasure in acknowledging the great assistance 5206 HISTORY OF THE WAR. \vhich I received from him. We lost but one killed and two wounded, and no injury done to the vessels. ISAAC CHAUNCEY. " * Com. Channccy to the Secretary of the Navy. U. S. Ship Madison, backefs Harbor, June 4, 1813. SJH I have the honor to present to you, by the hands of L^eut. Dudley, the British standard taken at York, on th< 27th of April last, accompanied by the mace, over which hung a human SCALP. These articles were taken from the Parliament house by one of my officers, and presented to me. The scalp I caused to be presented to Gen. Dear born, who I believe still has it in his possession. I aiso send by the same gentleman, one of the British llag\s taken at fort George on the 27th of May. I have the honor to be, (Sec. ISAAC CHAUNCEY. Lieut. Chauncey to Com. Chauncey. Sackett s Harbor, June 18, 1813, SIR According to your orders of the 14th inst. I pro ceeded off Presque Isle in the schooner Lady of the Lake. On the morning of the 16th I fell in with and captured the English schooner Lady Murray, from Kingston bound to York, loaded with provisions and ammunition. Enclosed is a list of one ensign, 15 non-commissioned officers and privates found on board, with 6 men attached to the vessel. I have the honor to be, &c. WOLCOTT CHAUNCEY. Battle at forty mile Creek, Upper Canada. Gen Vincent having taken his stand at forty mile Creek, about 33 miles from fort George, after his defeat at the fort, Brig. Gen. Winder was sent in pursuit of him. On the 4th of June, Brig. Gen. Chandler, with another detachment, was sent off from fort George to reinforce Gen. Winder, and arrived at Head Quarters the 5th. A deserter from the American cam;) informed Gen. Vincent of the situation of the army, and gave him the countersign; in five min utes the whole English army were in motion, and at two k on the morning of the (Jth entered our camp. The HISTORY OF THE WAR. 207 two Generals, Wmder and Chandler, in endeavoring to form the troops, iii.d the deputy quarter-master General V. nule venter, were surrounded and taken prisoners. Our army formed immediately and attacked the enemy at the point of the bayonet, which soon occasioned a general ronle, the eneim taking off his prisoners, and leaving Col. Clarke, sixty prisoners, and 250 killed in our hands. Our loss was 17 killed, 38 wounded, and 100 missing. ATTACK ON S ACKETT S HARBOR. Gen. Bron-n to the Secretary of \\ ar. H. Q. Sacketfs Harbor, June 1,1818. SIR On the 2oth ultimo, I received a letter from Gen. Dearborn, requesting me to repair to this "post for the pur pose of taking command. Knowing that Lieut. Col. Backus, an officer of the first regiment of dragoons, and of experience, was here, I hesitated, as I would do no act which might wound his feelings. Fn the night of the 26th I receivea a note from this officei, by Maj. Swan, deputy quarter-master Gen. joining in the request already made by Maj. Gen. Dearborn. I could no longer hesitate, and accordingly arrived at this post early in the morning of the 28:h. Tiiese circumstances will explain howl came to be in command upon tlrs occasion. Knowing well the ground, my arrangements tor defence, in the event of au attack, were soon made. In the course of the morning of the 28th, Lieut. Chaun- cey, of the navy, caiiu* in from the lake, tiring guns of alarm. Those of the same character, intended to bring in the milit a, were fired from the post. The enemy s tieet soon alter -appeared accompanied by a large number of boats. Believing that he would land on the peninsula, commonly called Horse Island, I determined to meet him at the water s edge with such militia as I could collect, and the Albany volunteers, under the command of Lieut. CoL Mills ; Lieut. Coi. Backus, with the regulars, formed a se cond line ; the care of fort Toitipkins was committed to the regular artillerists and sosne volunteers, and that of Navy Point to Lieut. Chauncey of the navy. It driven from my position, Lieut. Coi. Backus was ordered to ad vance and meet t;,e head of the enemy s coSuur?, while rallying- my corps. I was to fall on its flanks. If unable 208 HISTORY OF THE WAR. hereto resist the enemy s attack, Lieut. Cbauncey was in that case to destroy the stores, %c. and retire to the south shore of the bay, east of* Fort Volunteer, while I proceed ed to occupy that fort as our dernier resort. In the course of the 27th and during the nights of the 28th and 29th ultimo, a considerable militia force came in, and were ordered to the water side, near Horse Island, oft which was Lieut. Col. Mills and his volunteers. Our strength at this point was now 500 men all anxious for battle, as far as profession would go. The moment it was light enough to discover the approach of the enemy, we found his ships in line between Horse Island and Stony Point, and in a few minutes afterwards 33 large boats tilled with troops, came off to the larger Indian or G:\rdeii Island, under cover of the tire of his gun boats. My orders were, that the troops should lie close, and reserve their tire till the enemy had approached so near that every shot might hit its object. It is, however, impossible to execute such orders with raw troops, unaccustomed to subordination. My orders were in this case disobeyed. The whole line tired, and not without effect but in the moment while I was contemplating this, to my utter astonishment, they rose from their cover and fled. Col M Ms fell gallantly in brave but vain endeavors to stop his men. I was person ally more fortunate. Gathering together about 100 mili tia*, under the immediate command oi Capt. M Nittof that corps, we threw ourselves on the rear of the enemy s flank, and I trust, did some execution. It was during this last movement that the regulars under Col. Rxckus, first enga ged the enemy nor was it long before tiiey defeated h;m. Hurrying to this point of action, I found the battle still raging, but with obvious advantage on our side. The re sult of this action, so glorious tor the officers and soldiers of the regular army, has already bee .1 communicated in my letter of the 29th. Had not Gen. Prevost retreated most rapidly under the guns of his vessels, he would never have returned to Kingston. The enemy s force consisted of 1000 picked men, led by sir George Prevost in person. Their fleet consisted of the new ship Wolf, the Royal George, the Prince Regent. Earl of Moira, two armed schooners, and their gun and other boafs. JACOB BROWN. OF ^THR WAR: 209 AMERICAN LOSS. Killed 21 wounded 84 missing 50- BRITISH L.OSS. Killed 39 wounded 112 prisoners 35. Gen. Lewis /o the Secretary of War. Sackett s Harbor, July 20, 1813. SIR Our fleet has gone out of the innel* jharbor, and appearances are in favor of its going to sea in 18 hours at farthest. A little expedition of volunteers from the country, to which, by the advice of Com. Chauncey, I lent 40 soldiers, sailed from hence three days since on board of two small row boats, with a six pounder each, to the head of the St. Lawrence, where they captured a fine gun boat mounting a 21 pounder, 14 bulteaux loaded with ammunition, 4 offi cers, and 61 men. Two of our schooners went out and convoyed them in. Gen. Harrison to the Secretary of IVar. H. Q. Seneca, Augusts, 1813. I have the honor to enclose you Major Croghan s re port of the attack upon fort Stephenson, which has this mo ment come to hand. With great respect, &c. W. H. HARRISON. Major Cro(/han to Gen. Harrison. kotvcr Sandusky, August 5, 1813. Dear Sir I have the honor to inform you that the com bined force of the enemy, amounting to at least 500 regu lars and seven or eight hundred Indians, under the imme diate command of Gen. Proctor, made its appearance be fore this place, early on Sunday evening last, and as soon as the Gen. had made such a disposition of his troops as would cut off my retreat, should I be disposed to make one, he sent Col. Elliot, accompanied by Major Chambers, with u flag, to demand the .surrender of the fort, as he was anx ious to spare the effusion of blood, which he should proba bly not have in his power to do, should he be reduced to the necessity of taking the place by storm. My answer to the summons was, that I was determined to defend the place to the Inst extremity, and that no force however 210 HISTORY OF THE WAR, large, should induce me to surrender it So soon us Uj6 flag" had returned, a brisk fire was opened upon us from the gun boats in the river and from a 5 1-2 inch howitzer on shoru, which was kept up with little intermission throughout the night. At an early hour the next morning, three sixes (which had been placed during- the night within 250 yards of the pickets) began to play upon us, but with little effect .A bout 4 o clock P. 1W. discovering- that the fire from all his guns were concentrated against the north-western angle of the fort, I became confident that his object was to make a breach, and attempt toslorm the works at that point. I therefore ordered out as many men as could be employed for the purpose of strengthening that part, which was so ef fectually secured by means of bags of flour, sand, S:c. that the picketing suffered little or no injury; notwithstanding which, the enemy about500, having formed in a close column advanced to assault our works at the expected point, at the same time making 1 two feints on the front of Capt Hunter s lilies. The column which advanced against the north-wes tern angle, consisting of aboiu 350 men, was so .enveloped in smoke, as not to be discovered until it had approached within 18 or JO pieces of the lines, but the men being all at their posts and ready to receive it, commenced so heavy and galling a fire as to throw the column a little in to coirfus ion ; being quickly rallied it advanced to the outer works untl begun to leap into the ditch. Just at that mo ment a lire of grape was opened from our G pounder (which had been previously arranged so as to rake in that direction) which together with the musketry, threw them into such confusion tiiat they were compelled to retire pre cipitately to the woods. During the assault, which lasted about half an hour, an incessant tire was kept up by the enemy s artillery (which consisted of five sixes and a howitzer) but without effect. Seventy stand of arms, and several braces of pistols have been collected near the works. About three in the morn ing the enemy sailed down the river, leaving behind them a boat containing clothicg* and considerable military stores. Yours with respect, Sec. G. CROC HAN. AMERICAN LOSS. - Kilted I wounded 7. BRITISH IA)SS. Killed 52 wounded i>8 prisoners 25. HISTORY OF THE AVAR. By a letter from Gov. Huntington, dated fairer San- flush i/, Aug. 4, it appears that Major Crogjuan s force was itiO/and that of the enemy, 800. "it further states that the enemy lost iO men killed in the .ditch with Lieut. Colonel Short, and several officers; and about the same number of regulars while advancing to the attack, besides Indians. r? ?3 Our loss was one killed, and live wounded. The enemy 8-:> kdled and 25 prisoners. 4 What will Gen. Proctor say, when he finds he has been baffled by a youth but just passed his 2 1st year. He is, however, a Hero worthy of his gallant uncle, Gen. George li. Clarke. [/SVe Gen. Harrison id the Secretary of WarA LOSS OF THE CHESAPEAKE. Lieut. Budd to the Secretary of the A tuv/. Ha lifax, June 1 o , J 8 1 3 . SIR The unfortunate death of CapL James Linvrencc^ and Lieut. An (Justus C. Ludlow, has rendered it my duty to inform you of the capture of the late U. States frigate Chesapeake. On Tuesday, June ] , at 8, A. M. we unmoored ship and at meridian got under way from President s Roads, with a light wind from the southward and westward, and proceeded on a cruise. A ship was then in sight in the offing which had the appearance of a ship of war, and which, from information received from pilot boats and <raft, we believed to be the British frigate Shannon. \Ve made sail in chase and cleared ship for action. At half past 4 P. M. she hove to, with her head to the southward a; id eastward, At 5, took in the royals and top-gallant-sails and at half .past five hauled the courses up. About la minutes before 6, the action commenced within pistol shot. The first broadside did great execution on both sides, damaged our rigging, killed among others Mr. White the the sailing master, and wounded CapU Lawrence. In about 12 minutes after the commencement of the action, we fell on board of the enemy and immediately after one of our arm chests on the quarter-deck was blown up by a hand grenade thrown from the enemy s ship. In a few minutes one of the Capts. aids came on the gun deck to in form me that the boarders were called. I immediately called the boarders away and proceeded to the spar deck, where HJSTORY OF THE. \VA*. I found that enemy had succeeded in boarding us and haet gained possession of our quarter deck. I immediately gave orders to haul on board the fore tack, for the purpose of shooting the ship clear of the other, and then made an at tempt to regain the quarter deck, but was wounded and thrown down on the gun deck. I again made an effort to collect the boarders, but in tha me,an time the enemy had gained complete possession of the ship. On my being carried down to the cock-pit, I there found Capt. Lawrence and Lieut. Ludlow both mortally wounded ; the former bad been carried below previously to the ship s beingboard- ed ; the latter was wounded in attempting to repel the boarders. Among those who fell early in the action was Mi . Edward J. Ballard, the 4th Lieut, and Lieut. Janies Broom of marines. I herein enclose to you a return of th,e killed and wound* ed, by which you will perceive that every officer, upon whom the charge of the ship would devolve, was either tilled or wounded previously to her capture. The Shannon had, in addition to her full complement, an officer and 16 men belonging to the Belle Pouje, and a part of the crew belonging to the Tenedos. I have the honor to be, 8cc. GEORGE BUDD AMERICAN LOSS. Killed GO wounded 86. BRITISH LOSS. Killed 27 wounded 58. Com. Chauncey to Secretary of the Navy. U. S. S. Gen. Pike, off Niagara, Aug. 4, 1813. {Extract.} SIR On the 25th I was joined by the Pert, and on the 27th by the Lady of the Lake, with guides, and Capt. Crane s company of artillery, and Col. Scott, \vho had very handsomely volunteered for the service- After conversing with CoL Scott upon the subject; it was thought advisable to take on board 250 Infantry, which by the extraordinary exertions of that excellent officer, were embarked before six o clock the next morning and arrived and anchored in the harbor of York, at about 3 P. M. on theSlst, run the schooners into the upper harbor, landed marines and soldiers under the command of Col. Scpl^t, HISTORY OF THE WAR. without opposition, found several hundred barrels of flour and provisions in the public storehouse, five pieces of can non, eleven boats, and a quantity of shot, shells, and other stores, all which were either destroyed or brought away. On the 1st inst. just after receiving- on board ail the vessels could take, I directed the barracks and the public store houses to be burnt ; we then re-embarked the men and pro ceeded for this place, where I arrived yesterday. Between 4 and 500 men left York for the head of the lake two days before we arrived there. Some few prisoners were taken, some of whom were paroled, the others have been landed at fort George. I have the honor to be. &c. ISAAC CHAUNCEY. CAPTURE OF THE DOMINICO. Copt. John H. Dent to the Secretary of the Navy. Charleston, Aug. 21, 1813. [Extract.] I have the honor to inform you that the pri vateer schooner Decatur, of tliis port, arrived here yester day, with H. B. i\L schooner Dominico, her prize. She was captured on the 15th inst. after a most gallant and desperate action of one hour, and carried by boarding*, having all her officers killed or wounded except one mid shipman. The Dominico mounts 15 guns, one a 32 pounder on a pivot, and had a complement of 88 men. She was one of the best equipped and manned vessels of her class I have ever seen. The Decatur mounts 7 guns-. 2nd had a complement of 103 men. t have the honor to be, &c. JOHN H. DENT. AMERICAN LOSS. Killed.5 wounded 14. BRITISH LOSS. Killed 18 wounded 42 prisoners 70. Burning of Sodas, N. Y. Sodus was the first tow, burnt in this war. This was a handsome little village ot about 40 houses. The British appeared off the place, the 1 7th June, 1813, but finding a considerable militia force, pui pff into the Lake. The militia were disbanded on the 20th \vhen the enemy again returned, and effected a landing.-, - 214 HISTORY OP THE WAR. Finding the public stores, chiefly removed, they immedi ately set fire to every valuable house in the village, and re turned to their vessels, after suffering* a loss of 4 killed, and several wounded, by a few citizens. The enemy s force consisted of the Royal George, Earl Moria, Prince Regent, Simcoe schr. and several small boats and tenders. Attack on Craney Island. (Vir.) On the 20th June, the British attempted a landing on this Isia:.d, for the pur pose of more easily conquering Norfolk. Thirteen ships of the line anchored off James river, from which about 3500 troops were embarked for Craney Island. C >m. C^ssm,. of the gun boats, and Capt. Morns, of the C jnstt-Hation frigate, manned two batteries with 250 men on tiie point of he Island to receive them ; the remainder of tlu force, 200 were stationed on the beach. At 8 o clock the barges attempted to land, but were driven back, with the loss of 250 killed and wounded, and 45 prisoners, and their lar gest barge, which was sunk, with 75 men on board ; the boat and 20 men were finally saved by the Americans our loss was 28 killed and wounded. Capture af Hampton. The 25th of June the force that attempted Craney Island, landed at Hampton, and carried it after a gallant defence made by our militia, 43(> strong, for forty -tive minutes. The enemy attacked us by land and water; their land force was about 2500 strong, of whom 400 were riflemen. After our men were complete ly surrounded, they saw that they must either surrender, or break their way through the enemy s lines. They resolved upon the latter, when the gallant Maj. Crulc/ijield, led them on, and broke the lines, and made good their retreat, after killing and wounding 200 of their adversaries. Our loss on this occasion was seven killed, twelve wounded, and twelve prisoners. A scene now commencetl sufficient to chill the blood of the Savages, and even put them to the blush. To give you, sir, (says Maj. Crutchtield in his official -account to Gov. Barbour,) an idea of the savage-like dis position of the enemy, on their getting possession of the neighborhood, would be a vain attempt. Although sir ^Sidney Beckwilh assured me that no uneasiness need be HISTORY OF THE WAR. felt, in relation to the unfortunats Americans, the fact is that on yesterday, [two days after the battle,] there were several dead bodies lying 1 unburied, and the wounded not even assisted into the town, although observed to be crawl ing- through the fields towards that cold and inhospitable reception. The unfortunate females of Hampton, who could not leave the town, were suffered to be abused in the most shameful manner, not only by the venal savage foe, but by the unfortunate and infatuated blacks, who were encou raged in their excesses. They pillaged and encouraged every act of rapine and murder, killing a poor man, by the name of Kirby who had been lying on his bed at the point of death, for more than six weeks, shooting his wife at the same ume, in. the hip, and killing his faithful dog ly ing uiider his feet. The murdered Kirby was lying last , weltering 1 in his blood/ Capt. Cooper to Lieut. Gov. Mallory. [Extract.} SIR The enemy took possession of Hamp ton, with upwards of 2000 men against those above men tioned, with the immense loss of upwards of 200 killed and wounded, on iheir part. We had about > killed, 10 \voundecl, and 4 prisoners, the balance have been ac counted for. I was yesterday in Hampton with my troop, that place having been evacuated in the morning. My blood ran cold at what 1 saw and heard. Tears were shedding- in o every corner, the infamous scoundrels, monsters, destroy- c,d every thiny, but the houses, and (iny pen is almost un willing to describe it,) the women were ravished by those abandoned ruffian*. Great God ! my dear friend, figure to yourself our Hampton females, seized, and treated with violence by those monsters, and not a solitary American present to avenge their wrongs ! ! But enough I can say no more of this. Certificate. The enemy robbed the Pulpit and Com munion Table, in the Episcopal Church, of all the trap pings, &c. together with all the plate, although inscribed with the name of the Donor, and of the parish to which they belonged. They committed Rape in many instances arid murdered a sick man in his bed, and shot a ball through HISTORY 0* f THE WAtt. his wife s thigh ; they wantonly destroyed every species of property that they had no use for, and, in fact, even strip ped the shirt off the back of George Hope, sen r about 70 years of age, and took the shoes from his feet, after prick ing him with the bayonet. JOHN WEST WOOD, Hampton. Murder of John B. Graves. Mr. Graves was a mem ber of the 23d regt. Infantry, and was wounded through the arm at the attack on Sackett s Harbor in May, and was removed to Oswego. When Oswego was attacked, Graves had so far recovered as to be able to load and fire, and stood his ground like a hero. Unfortunately, he was again wounded, and carried to a log house with two oth ers. Our men shortly after retreated, and an ENGLISH OFFICER, a Lieutenant^ came to the door of the house, and presented a fuzee at him ; upon which Graves exclaimed, * O mercy, J or heaven s sake shew me mercy ; dont shoot me. again, I am badly /VoundedS The officer cocked his piece, which was within its own length of Graves, weltering in his blood, and with an infernal grin, said Fix SHEW Yotf MEKCY, GOD DAMN YOU, and immediately discharged its contents, a ball and three buckshot, into his breast. This inhuman villain soon met his reward, for scarcely had he turned his eyes from the object of his barbarity, when he was shot through the brain, and fell dead almost within reach of Graves. Skirmishinf) at fort George, U. Canada. On the 14th of August 1813, Gen. Proctor attacked out* pickets at day break ; after a short engagement, in which the enemy had 15 killed, and one Capt. and several pri vates made prisoners, our force retired to the fort with the loss of 2 killed and several wounded. On the night of the 17th, our troops and a few Indians formed an ambuscade, about 300 strong, immediately in front of the British camp. At day light our Indians rose nnd gave the war-whoop, and the enemy considering it a friendly call; came forth, and were within half ritle shot before they discovered the stratagem. They were meJ upon all sides, and made but little resistance ; 75 being killed the first shot, and the remainder, 16, surrendered as prisoners. HISTORY OF THE WAR. 21? Col Wm. Russell, of Vincennes, with 573 men, chiefly volunteers, from Kentucky and Ohio, marched from Vil- lonia on the 25th June, tor the purpose of relieving the frontier inhabitants of the savages. In marching through their country four weeks* they succeeded in destroying six* It en ot their villages, and a considerable quantity of corn, Vc. and returned without the loss of a single man, bringing in several prisoners, and 10 horses winch the Indians had pillaged a few days before from the inhabitants* o / _1 Yankee trick. On the 5th of July, 1813, Com. Lewis, commandant of the flotilla of gun boats at New- York, sent out the fishing smack Yankee, from Musquito cove, for the purpose, of taking by stratagem, the sloop Eagle, a ten der to the Poictiers or 74 guns* which had been very trouble,- some to the fishermen otf Sandy Hook, where they were cruising. A calf, a sheep, and a goose were purchased and secured on deck ; and between 30 and 40 men, well armed with muskets, were secreted in the cabin and fore peak of ihe smack. Thus prepared, with three men. dressed in fisherman s clothes on deck, she put out to sea as if going on a fishing trip. The Eagle on perceiving the smack gave chase, and after coming up with her, seeing she iiad live stock on deck, oixiered her to go down to the Commo dore, about five miles distant. The helmsman cried aye, ayetSiyS and apparently put up the helm for that purpose, which brought her alongside the Eagle, not more than, three yards distant. The watch-word, Lawrence, was then given, when the armed men rushed from their hiding places and poured into her a volley of musketry, which struck her crew with dismay, and drove them all into the hold with such precipitancy, that they had not time to strike their co lours. The Eagle had on board a 32 ib. brass howitzer, loaded with shot; but their surprise was so sudden that they had not time to fire it. The crew consisted of a mas ter, one midshipman, and 11 marines from the Poictiers. The prize arrived at Whitehall, amidst the shouts of sands who were celebrating the 4th of. July, t>8 HISTORY OF THE WAR. BURROWS VICTORY. Lieut. M Call to the Secretary vf the Navy. U. S. Briff Enterprise, Portland, 1th Sept. 1813. [Extract. ] SIR Inconsequence of the unfortunate death of Lieut. William Burrows, late commander of this vessel, it devolves on me to acquaint you w.th the result of the cruise. Alter sailing from Portsmouth on the 1st inst, we steered to the eastward ; and on the morning of the 3d, off Wood Island, discovered a schooner, which we chased into this harbor, where we anchored. On the morning of the 4th, weighed anchor, arid swept out, and continued our course to the eastward. Having* received information of several privateers being oil Manhagan, we stood for that place ; and on the following morning, in the bay near Pen- mini Point, discovered a brig getting under way, which appeared to be a vessel of war, and to which we immedi ately gave chase. She fired several guns, and stood for us, having four ensigns hoisted. After reconnoitering and discovering her force, and the nation to which she belong ed, we hauled upon a wind to stand out of the bay, and at 3 o clock shortened sail, tacked to run down with an inten tion to bring her to close action. At twenty minutes after 3 P. M. when within half pistol shot, the firing commenc ed from both, and after being warmly kept up, and with some mancrnvreing, the enemy hailed and said they hud surrendered, about 4 P. M. Their colours bciny nailed to the masts, could not be hauled down. She proved to be his B. M. brig Boxer, of 14 guns, Samuel Blythe, Esq. com mander, who fell in the early part of the engagement, hav ing received a cannon shot through the body. And I am sorry to add that Lieut. Burrows, who had gallantly led us into action, fell also about the same time by a musket ball, which terminated his existence in eight hours. The Enterprize suffered much in spars and rigging, and the Boxer in spars, rigging, and hull, having many shots between wind and water. As no muster roll that can be fully relied on has come into my possession, I cannot exactly state the number kill ed and wounded on board the Boxer, but from information received from the officers of that vessel, it appears there were between twenty and twentv-five killed, and fourteen HISTORY OF THE WAR. wounded. Enclosed is a list of the killed and wounded on board the Enterprize. I have the honor to be, Sec. EDWARD R. iM CALL, Senior Officer. AMERICAN LOSS. Killed 4 Wounded 10 total 14. BRITISH LOSS. Killed 25 Wounded 14 total 39 CHAPTER IX. PERRY S VICTORY. Com. Perry to the Secretary oj the Navy. U. S. brig Niagara, Lake Erie, Sept. 10, 1813. SIR It has pleased the Almighty to give to the arms of the United States a signal victory over their enemies on this lake. The British squadron consisting of 2 ships, 2 brigs, 1 schooner, and 1 sloop, have this moment surren dered to the force under my command, after a sharp con flict. I have the honor to be, &c. O. H. PERRY. Corn. Pern/ to the Secret an/ of the Navy. U. S. Sch. Ariel, Put-in-bay, Sept. 13, 1813. SIR In my last I informed you that we had captured the enemy s fleet on this lake. I have now the honor to give you the most important particulars of the action, On the morning of the luth inst. at sun-rise, they were dis covered from Put-in-bay, where I lay at anchor with the squadron under my command. We got under weigh, the wind light at S. W. and stood for them. At 10 A. M. the wind hauled to S. E. and brought us to windward; form ed the line and bore up. At 15 minutes before twelve, the enemy commenced tiring ; at 5 minutes before twelve the action commenced on our part. Finding their tiro very destructive, owing to their long guns, and its being mostly directed at the Lawrence, I made sail, and directed the other vessels to follow for the purpose of closing with the enemy. Every brace and bowline being soon shot away, she became unmanageable, notwithstanding the great exertions of the sailing-master. In this situation she 220 HISTORY OF THE WAR, taine d the action upwards of two hours within canister dis^ tance, until every gun was rendered useless, and the great er part other crew either killed or wounded. Finding she could no longer annoy the enemy, I left her in charge of Lieut. Yam all, who, 1 was convinced from the bravery already displayed by him, would do what would comport with the honor of the flag-. At half past two, the wind springing up, CapU Elliot was enabled to bring Ins vessel, the Niagara, gallantly into close action ; I immediately went on board of her, when he anticipated my wish by vol unteering to bring the schooners which had been kept astern by the lightness of the wind, into close action. It\ -was with unspeakable pain that 1 saw sooii after 1 got on board the Niagara, the flag of the Lawrence come down, although 1 was perfectly sensible that she had been <u tend ed to the last, and that to have continued to make a show of resistance would have been a wanton sacr-tice of the re mains of her brave crew. But the enemy was not able to take possession of her, and circumstances soon permitted her flag again to be hoisted. At 45 minutes past two, the signal was made for * close action. The Niagara, being very little injured, I determined to pass through the enemy s lines, bore up and passed ahead of their two ships and a brig, giving a raking fire to them from the starboard guns, and to a large schooner, and sloop, from the larboard side, at half pistol-shot distance. The smaller vessels at this time having got within grape and canister distance, under the direction of Capt. Elliot, and keeping up a well direct ed fire, the 2 s! ips, a brig, and a schooner, surrendered, a schooner and sloop making a vain attempt to escape. Those officers and men who were immediately under my observation evinced the greatest gallantry, and 1 have no doul t that all others conducted themselves as became American officers and seamen. Lieut. Yarnall, first of the Lawrence, although several times wounded, refused to quit the deck. I have the honor to enclose you a statement of the rela tive force of the squadrons. The Capt. and first Lieut, of the Q,ueen Charlotte, and first Lieut, of the Detroit were killed Capt. Barclay, senior officer, and the commander of the Lady Prevost, severely wounded. The comma der d* the Hunter and Chippeway slightly wounded. Their HISTORY OF THE WAR. 221 loss iii killed and wounded I have not been able to ascer tain ; it must, however, have been very great. Very, res Dec If ill Iv, &c. O. H. PERRY. V. S. Sch. Arid, Pul-in-bay, Sept. 13, 1813. SJR I have caused the prisoners taken on the 10th inst. to be landed at Sandusky, and have requested Gen. Harri son to have them marched to Chilicolhe, and there wait un til your pleasure shall be known respecting- them. The Lawrence has been so entirely cut up, it is absolute ly necessary she should go into a safe harbor; I have there fore directed Lieut. Yarnallto proceed to Erie in her, with the wounded of the fleet, and dismantle and get her over the bar as soon as possible. The two ships in a heavy sea this day at anchor lost their masts, being much injured in the action. I shall haul them into the inner bay at this place and moor them for the present. The Detroit is a remarkably fine ship, sails well, and is very strongly built. The Queen Charlotte is a much superior vessel to what has been represented. The Lady Prevostis a large fine schooner. Force of the American squadron. Lawrence 20 guns Niagara 20 Caledonia 3 Ariel 4 Scorpion 2 Somers 4 Trippe 1 Tigress 1 Porcu pine 1 total 56 guns. Force of the British squadron. Detroit 21 guns Queen Charlotte 18 Lady Prevost 14 Hunter 10 Little Belt 3 Chippeway 3 total (39 guns. The ex act number or the enemy s force has not been as certained, but I have good reason to believe that it exceed ed ours by nearly 100 men. I have the honor to be, &c. O. II. PERRY. AMEK1CAX LOSS, Killed 27 wounded 96, British loss not known. CAPTURE 0^ MALDEN. Gen. Harrison to the Secretary of War. H. Q. Amhcrsiburg, Sept. 23, 1813. SIR I have the honor to inform you that I landed the array under my command about J5 miles below this place at 3 HISTORY OF THE \\Att. o clock ibis evening 1 , without opposition, and took posses sion of the town in an hour after. Gen. Proctor lias retreat ed to Sandwich with his regular troops and Indians, hav ing- previously burned the tort, navy yard, barracks, and public store houses ; the two latter were very extensive, covering several acres of ground. I will pursue the ene- jny to-morrow, although there is no probability of my over taking him, as he has upwards of one thousand horses, and we have not one in the army. I shall think myself fortunate to be able to collect a sufficiency to mount the Gen. officers. It is supposed here that Gen. Proctor in tends to establish himself upon tl>e river French, forty miles from Maiden. I have the honor to be, &c. WILLIAM H. HARRISON. HARRISON S VICTORY Gen. Harrison to the Secretary of War. H. Q. Detroit, Oct. 9, 1813*. SIR In my letter from Sandwich of the 23d ultimo, I did myself the honor to inform you, that I was preparing to pursue the enemy the following day. From various causes, however I was unable to put the troops in motion until the morning of the 2d inst. and then to take with me only about one hundred and forty of the regular troops, Johnson s mounted regiment, and such of Governor Shel by s volunteers as were fit for a rapid march, the whole amounting to about three thousand live hundred men. To Gen. M Arthur (with about 700 effectives) the protecting of this place and the sick was committed. Gen. Cass s brigade, and the corps of Lieut. Col. Ball, were left at Sandwich, with orders to follow me as soon as the men re ceived their knapsacks and blankets, which had been left on an island in Lake Erie. The unavoidable delay at Sandwich was attended with no disadvantage to us. Gen. Proctor had posted himself at Dalson s on the right bank of the Thames (or Trench) fifty six miles from this place, where I was informed he in tended to fortify and wait to receive me. He must have believed, however, that 1 had no disposition to follow him, or that he had secured my continuance here, by the reports that were circulated that the Indians would attack and destroy HISTORY OF THE WAR. 223 this place upon the advance of the army ; as he neglected to commence the break in gup the bridges until the night of the 2d inst. On that night our army reached the river, which is twenty-five miles from Sandwich, and is one of 4 streams crossing our route, over alt of which are bridges, and being deep and muddy, are unfordable for a considera ble distance into the country the bridge here was found entire, and in the morning I proceeded with Johnson s re giment to save if possible the others. At the second bridge over a branch of the river Thames, we were fortu nate enough to capture a Lieut, of dragoons and eleven privates, who had been sent by Gen. Proctor to destroy them. From the prisoners I learned that the third bridge Vfas broken up and that the enemy had no certain informa tion of our advance. The bridge having been imperfect ly destroyed, was soon repaired and the army encamped at Drake s farm, four miles below Da I son s. The river Thames, along the l>anks of which our route lay, is a tine deep stream, navigable for vessels of consider able burden, after the passage of the bar at its- mouth, over which, there is six and a half feet water. The baggage of the army was brought from Detroit in boats protected by three gun-boats, which Com. Perry had furnished for the purpose, as well as to cover the pas sage of the army over the Thames itself, or the mouths of its tributary streams ; the banks being low and the country generally open (prairies^ as high as Dalson s, these vessels were well calculated for that purpose. Above Dalson r s however,, the character of the river and adjacent country is considerably changed. The former, though still deep, is very narrow and its banks high and woody. The Com modore and myself therefore agreed upon the propriety of leuvingthe boats under a guard of one hundred and tif- ty infantry, and 1 determined to trust to fortune and the bravery of my troops to effect the passage of the river. Be low a place called Chatham and 4 miles above Dalson s is the third unfordable branch of the Thames ; the bridge over its mouth had beeu taken up by the Indians, as well as that at M Gregor s Mills, one mile above several hundred of the Indians remained to dispute our passage, and upon the arrival of the advanced guard, commenced a heavy fir e from the opposite bank of the creek as well as that of 224 HISTORY OF THE VVAK, river. Believing* that the whole force of the enemy wanr there, 1 halted the army, formed in order of battle, and brought up our two six-pounders to cover the party that were ordered to repair the bridge a few shot from those pieces, soon drove off the Indians and enabled us, in two hours to repair the bridge and cross the troops. Col. Johnson s mounted regiment being upon the right of the army, had seized upo^ the remains of the bridge at tlig mills under a heavy fire from the Indians. Our loss on this occasion, was two killed and three or four wounded, that of the enemy was ascertained to be considerably greater. A house near the bridge containing a very considerable num ber of muskets had been set on tire but st was extinguish ed by our troops and the arms saved. At the first farm above the bridge, we found one of the enemy s vessels on fire, loaded with arms and ordnance stores, and learned that they were a few miles ahead of us, still on the right bank of the river with the great body of the Indians. At Bowies farm, four miles from the bridge we halted for the night, found two other vessels and a large destillery filled with ordnance and oth^r valuable stores to an immense amount in flames it was impossible to put out the fire two twenty-four-pounders with their carriages were taken and a large quantity of ball and shells of various sizes. The army was put in motion early on the morning of the 5th ; I pushed on in advance with the mounted regimentand request- d Gov. Shelby to follow as expeditiously as possible with the infantry ; the Governor s zeal and that of his men ena* bled them to keep up with the cavalry, and by 9 o clock, we were at Arnold s Mills, having taken in the course of the morning two gun-boats and several batteaux loaded with provisions and ammunition. A rapid at the river at Arnold s mills affords the only fording to be met with for a considerable distance, but, up on examination, it was found too deep for the i of an try* Having, however, fortunately taken two or three boats and some Indian canoes on the spot, and obliged the horsemen to take a foot-man behind each, the whole were safely crossed by 12 o clock. Eight miles from the crossing we passed a farm, where a part of the British troops had en- cauiped the night before, under the command of Col. War* burton. The detachment with Gen. Proctor had arrived HISTORY OF THE WAR. 25 thfc day before at the Moravian towns, 4 miles higher up. Being now certainly near the enemy, I directed the ad vance of Johnson s regiment to accelerate their march for tjie purpose of procuring intelligence. The officer com manding it, in a short time, sent to inform me, that his pro gress was stopped by the enemy, who were formed across our line of march. One of the enemy s waggoners being also taken prisoner, from the information received from him, and my own observation, assisted by some of my offi cers, I soon ascertained enough of their position and order of buttle, to determine that, which it was proper for me to adopt. From the place where our army last halted, to the Mora vian ^owns a distance of about three and a half miles, the road passes through a beach forest without any clearing, and for the lirst two miles near to the bank of the river. At from two to 300 yards from the river, a swamp extends par allel to it, throughout the whole distance. The intermedi ate ground is drv, and although the trees are tolerably thick, it is in many places clear of underbrush. Across this strip of land, its left appayed upon the river, supported by artillery placed in the wood, their right in the swamp covered by the whole of the Indian force, the British troops were drawn up. The troops at my disposal consisted of about 120 regulars of the 27 th regiment, five brigades of Kentucky volunteer militia infantry, under his Excellency Gov, Shelby, aver aging less than five hundred men, and Col. Johnson s regi ment of mounted infantry, making in the whole an aggre gate, something about 3000. No disposition of an army opposed to an Indian force can be safe unless it is secured on the Hanks and in the rear. I had therefore no difficulty in arranging the infantry conformably to my general order oi buttle. Gen. Trotter s brigade of oOO men, formed the front line, bis-right upon the road and his left upon the swamp. Gen. King s brigade as a secoaid line, 150 yards in the rear of Trotter s, and Chiles brigade as a corps of reserve in the rear of it. These three brigades formed the command of Major-General Henry \ the whole of Gen. Desha s division, consisting of two brigades, were formed C--M potency upon the left of Trotter. 29 HISTORY OF THE AYAH. Whilst T was engaged in forming the infantry, I had di rected Col. Johnson s regiment, which was still in front, to be formed in two lines opposite to the enemy, and upon the advance of the infantry, to take ground to the left, and forming upon that flank to endeavor to turn the right of the Indians. A moment s reflection, however, convinced me that from the thickness of the woods and swampness of the ground, they would be unable to do any thing on horse back, and there was no time te> dismount them and place their horses in security. I therefore determined to refuse my left to the Indians, and to break the British lines at once by a charge of the mounted infantry ; the measure was not sanctioned by any thing I had ever seen or heard of, biH 1 was fully convinced that it would succeed. The American back woodsmen ride better in the woods than any other people. A musket or rifle is no impediment to them, being accustomed to them from their earliest youth. I was persuaded, too, that the enemy would be quite un prepared for the shock, and that they could not resist it. Conformable to this idea, I directed the regiment to be drawn up in close column, with its right at the distance oi 50 yards from the road, (that it might be, in some measure, protected by the trees from the artillery) its left upon the swamp, and to charge at full speed as soon as the enemy had delivered their fire. The few regular troops of the 27th re giment, under Col. Paul, occupied in a column of sections, of four, the small space between the road and the river, for the purpose of seizing the enemy s artillery, and some tei- or twelve friendly Indians to move under the bank. The crotchet formed by the front line, and Gen. Desha s divi sion, was an important point. At that place the venerable:; Governor of Kentucky was posted, who, at the age of sixty - six, preserves all the vigor of youth, the ardent zeal which distinguished him in the revolutionary war, and the un daunted bravery which he manifested at Kinys mountain. With my aids-de-camp, the acting assistant Adj. General, Capt, Butler, my gallant friend Com. Perry, who did me the honor to serve as my volunteer aid-de-camp, and Brig. Gen. Cass, who having no command, tendered me his as sistance, I placed myself at the head of the front line of in fantry, to direct the movements of the cavalry, and give them the necessary support. HISTORY OF THE WAR. 227 The army bad moved on in this order but a short dis tance, when the mounted men received the fire of the Bri tish line, and were ordered to charge ; the horses in the front of the column recoiled from the fire; another was given by the enemy, and our column at length getting in motion, broke through the enemy with irresistable force. In one minute tke contest in front was over ; the British officers seeing no hope of reducing their disordered ranks to order, and our mounted men wheeling upon them and pouring in a destructive fire, immediately surrendered. It is. certain that three only of our troops were wounded in this charge. Upon the left, however, the contest was more severe with the Indians. Col. Johnson, who commanded on thai think of his regiment, received a most galling fire from them, which was returned with great effect The Indians still further to the right advanced and fell in with our front line of infantry, near its junction with Deslia s cl. vision, and for a moment made an impression upon it. ]lis Excellency Gov. Shelby, however, brought up a regi ment to its support, and the enemy receiving a severe fire in front, a;id a part of Johnson s regiment having gained their rear, retreated with precipitation. Their loss was very considerable in the action, and many were killed in their retreat. 1 can give no satisfactory information of the number of Indians that were in the action, but they must have been considerably upwards of 1000. From the documents in my possession, (Gen. Proctor s official letters, all of which were taken) and from the information of respectable inha bitants of this Territory, the Indians kept in pay by the British were much more numerous than has been generally supposed. In a letter to Gen. de Rottenburgli, ot the 27th int. Gen. Proctor speaks of having prevailed upon 3,*20() of the Indians to accompany him. Of these it is certain that -50 or GO Wyandot warriors abandoned him. The number of our troops were certainly greater thai* that of the enemy, but when it is recollected, that they had taken a position that effectually secured their flank, which it was impossible for us to turn, and that we could not pre sent to them aline more extended than their own, it will not be considered arrogant, to claim for my troops, the palm of superior bravery. 228 HISTORY OF THE WAR. In communicating to the President, through you, sir, my opinion of the conduct of the officers who served under me, I am at a loss how to mention that of Gov. Shelby, being convinced that no eulogium of mine can reach his merits. The Governor of an independent state, greatly my superior in years, experience, and in military character, he placed himself under my command, and was not more remarkable for his zeal and activity, than for the promptitude and cheer fulness with which he obeyed my orders. On the day of action, 6 pieces of brass artillery were tak en, and two iron 24 pounders the day before. Several others were discovered in the river and can be easily procur ed. Of the brass pieces, three are the trophies of our revo lutionary war, that were taken at Saratoga and York, and surrendered by Gen. Hull. I have the honor to be, &c. WILLIAM H. HARRISON, AMERICAN LOSS. Killed 7 wounded 22. BRITISH LOSS. Killed 112 wounded, not known prisoners G34. The fruits of Gen. Harrison s victory independent of the great advantages obtained, are of the British regular army, 609 non-commissioned officers and privates, 2 Cols. 4 Majors, and i9 officers of the line, prisoners : and 12 pieces of cannon, 6000 stands of arms, 5 gun-boats, and ammunition and stores to the amount of J ,000,000 of Dollars ! ! SPEECH OF TECUMSEH.* In the name of the Indian chiefs and warriors, to Waj, Gen. Proctor, as the representatives of their great father the king. Father, listen to your children ! You have them now all before you. The war before this,f our British father gave the hatchet to his red children, when our chiefs were alive. They are now dead. In that war, our father was thrown on his back by the Americans, arid our father took them by * Tecumsch mas killed at the battle of the Moravian tonmi. f The Revolutionary nar. ftlSTORY OP THE WAR. 229 the hand without our knowledge ;* and \venre afraid that our father will do so again, at this lime. Summer before last, when I came forward with my red brethren, and was ready to take up the hatchet in favor of our British father, we were told not to be in a hurry, that he had not yet determined to tight the Americans. Listen ! When war was declared, our father stood up and gave us the tomahawk, and told us that he was men ready to strike the Americans ; that he wanted our assist ance ; and that he would certainly get us our lands back, which the Americans had taken from us. Listen ! Yon told us, at that time, to bring forward onr families to this place ; and we did so; and you pro mised to take care of them, and that they should want for nothing, while the men would go and tight the enemy. That we need not trouble ourselves about the enemy s gar rison ; that we knew nothing about them, and that our fa ther would attend to that part of the business. You also told your red children, that you would take good care of your garrison here, which made our hearts glad. Listen ! When we were last at the Rapids, it is true we gave you little assistance. It is hard to fight people, who live like ground hogs.f Father, listen ! Our fleet has gone out; we know the} 7 have fought : we have heard the great guns : but know O O O nothing of what has happened to our father, with one arm, Our ships have gone one way, and we are much astonished to see our father tying up every thing and preparing to run away the other, without letting his red children know what his intentions are. YOU always told us to remain here, and take care of our lands ; it made our hearts glad to hear that was your wish. Our great father, the king, is our head, and you represent him. You always told us, that you would never draw your foot off British ground : but now, father, we see you are drawing back, and we. are sorry to see our lather doing so without seeing the cue- my. We must compare our father s conduct to a fat ani mal, that carries its tail upon its back, but when a he drops it between his legs and runs off. # Tlie Indians were not included iu Hie treaty ofppacc in \ 783 | Thf Americans had fortified themselves at the Rapids. 230 HISTORY OF THE WAR. Listen, Father f The Americans have not yet defeated Us by land ; neither are we sure thatlhey have done so by water ; we therefore, wish to remain here, and fight our enemy, if they should make their appearance, If they de feat us, we will then retreat with our father. At the battle of the Rapids last war, the Americans cer tainly defeated us ; and when we retreated to our lather s fort at that place the gates were shut against us. We were afraid that it would now be the case ; but instead of that we now see our British father preparing to march out of his garrison. Father / You have got the arms and ammunition which our great father sent for his red children. If you have an idea of going away, give them to us, and you may go and welcome, foi us. Our lives are in the hands of the Great Spirit. We are determined to defend our lands, and if it be his will, we wish to leave our bones upon them. Amherstbnrg, Sept. 18, 1813. JBy William Henry Harrison, Mctj. Gen. in the service of the U. S. commander in chief of the northwestern army, and Oliver Hazard Perry, Ca.pt. in the Navy, and com manding the U. S. vessels on Lake Erie, A PROCLAMATION. Whereas, by the combined operations of the land and naval forces under our command, those of the enemy with in the upper district of Upper Canada have been captured or destroyed and the said district is now in the quiet posses sion of our troops : it becomes necessary to provide for its g-oveimment : Therefore, we do hereby proclaim and make known, that the rights and privileges of the inhabi tants, and the laws and customs of the country, as they exist ed or were in force at the period of our arrival, shall con tinue to prevail. All magistrates and other civil officers are to resume the exercise of their functions ; previously taking an oath to be faithful to the government of the U. States, as long as they shall be in possession of the country. The authority of all militia commissions is suspended in said district, and the officers required to give their parole, in such way as the officer, who may be appointed by the commanding Gen. to administer Ihe government, shall di rect. HISTORY OF THE WAR. file inhabitants of said district are promised protection to their persons and property, with the exception of those cases, embraced by the proclamation of Gen. Proctor, of the ult. which is declared to be in force, and the powers therein assumed transferred to the officer appointed to ad minister the government. Given under our hands and seals, at Sandwich, this 17th Oct. 1813. (Signed) WM. H HARRISON. OLIVER H* PERRY CHAUNCEY S VICTORY, Com. Chauncey to the Secretary of the Navy. U. S. S. Gen. Pike, Sackett s Harbor, Oct. 6, 1813. SIR I have ihe pleasure to inform you, that I arrived here this morning, with five of the enemy s vessels, which I tell in with and captured last eveing off the Ducks. They were part of a fleet of seven sail which left York on Sunday with 234 troops on board, bound to Kingston. Of this fleet five were captured, one burnt, and one escaped; the prisoners, amounting to nearly 300, besides having up wards of 300 of our troops on board from Niagara, induc ed me to run into port for the purpose of landing both. I have an additional pleasure in informing you, that amongst the captured vessels are the late U. S. schs. Julia and Growler, the others are gun vessels. I have the honor to be, ^G. ISAAC CHAUNCEY, .Return of the troops of H. B. Ms. DC Watteville regi ment, captured in the above vessels. 1 Major, 1 Capt. 3 subalterns, 1 surgeon, 10 sergeants, 4 drummers and buglers, 202 rank and tile. Officers and marines. 1 Lieut. 2 master s mates, 35 seamen and marines of the royal navy, and 4 sailing mas ters of the provincial navy. .1. GIBSON, Inspector Gen. Something Singular. About th,e 1st of Oct. 1813. Capt. Morgan, of the rifle corps was sent from Sackett s Harbor, to Gravelly Point, near Kingston, for the purpose of tak ing possession of the Point. Seeing an English schr. guu boat, he concealed his men, about 60, and sent a suiall lilSTOKY OF THE WAit, boat along the the shore, which they espied, and gavfc chase to ; our men landed, and took to the woods ; the ene my came near shore, and sent a party after the fugitives, "when Morgan s company rushed from their hiding- place, and gave them such a reception, as either to kdl or wound every one, as they appeared on deck ; a few of our men waded out and took possession of the gun boat, while those on shore stood ready to fire at the first man who made his appearance. We did not lose a man in this gallant little exploit; the (jiicmy lost 3 killed 7 wounded and 50 pii- Com. -Roilyem, Sailed from Boston the 23d of April, 1813, and returned to Newport, Sept. 20. After crossing the seas in almost every direction, cruising for some time in the British channel, and on the coast of IN or way, without see ing a public vessel, of the enemy s excepting a 74, and frigate in company, which chased him three days, often so near as to give, aad receive a shot, the Com. returned to pert, to recruit his stores. The President captured ths following vessels on her cruise. Brig Kitty, of 2 <juns and 12 men, cargo of cod fish ; sent into France. Packet brig Duke ot Montrose, *f 12 g lins, and 34 men ; sent to Kngland as a cartel, with !^o M isonM s. Letter of marque brig Maria, of 14 guns, i o,/ men; cargo of codfish, sent into France. Schr. i^ 1 , f 2 guns, and 1 1 men, cargo of codfish, sent into 1 U oimit - ^ n g Daphne, of 2 guns and - ia Ship Eliza Swan, of 8 guns, and 49 men ; 3U, |- a ,,souied for 6000 pounds sterling carffo of hlubbfc. , . ,> , AU o of pitch and tar, burnt. ISaique Lion, STfe men ; cargo of blubber oil, ransomed ol 8 guns, and a3 . i CM e .. O f w v m. Ln^ 1 Shannon, cargo ot rum, lor oOOO IMJUIIUS bien. & . . . & ,, , , c . 1? , sent into the I nittd States. Bnjf stiijar, and molasses, > c a* i n T k . , -n ; carp o of conee, sent into the ,lv o(, guns, and 10 B. . ,8 y ^ F , ,. & Un.ted btaie.s. Ills B. <A . |)ro hl iutt f Nevv J or ; . tllt; " 7 ^ ;. oftcm ail . a . 4 > * t . ^ evcu llwusaild High J^ Iyer was bold at auction JO. Col Clarke ^ a It ,s w iih great ^lcasu.7 J ^," Il>1 Onu . > oa * , e mora- l attack up w tLc eneuiv ut iU^^^l" 01 ba - v> yn - HISTORY OF THE WAR. nig of the 12th inst. At this time I had only the riflemen with me, the artillery moving slow and the militia protect ing" their rear. We proceeded to the village (Masses- quoi) and arrived within 15 rods of the enemy before we were discovered* We found them drawn up under Major Powell in a manner that would have annoyed us much, had we attacked them by water, but wholly unprepared to de fend themselves on the land side they commenced a fire on the left flank, but in ten minutes after the first attack they laid down their arms and surrendered themselves pris oners of war. Understanding that a force of 200 men under Col, Lock was marching to attack us, I despatched Capt. Finch with his company to reconnoitre them and ascertain their course. He proceeded with such promptness and ability as to sur prise arid capture the advanced guard, consisting of cav alry, excepting one man who escaped, and giving the in formation, the enemy retreated. The prisoners were then put on board our boats and sent to Burlington. Our whole force en^aed was 102 the ^ O ?5 number of prisoners taken is 101 ; their killed 9, and wounded 14. I am, sir, with respect, &c. ISAAC CLARKE. Massacre at fort Tensaw. The following particular/* of the massacre at fort Tensaw, is received from Judge Toulmin, of Mobile. * The dreadful catastrophe which we have been some time expecting, has at length taken place; the Indians have broken in upon us in numbers and fury unexampled. A few days before the attack, (Sept. 1) some negroes of Mr. Girt s who lived in that part of the Creek territory which is inhabited by half breeds, had been sent up the Alabama to his plantation for corn ; three of them were taken by a party of Indians. One escaped and brought down news of the approach of the Indians. The officer gave but little credit to him, but they made some further preparation to receive the enemy, and on Saturday and, Sunday considerable work was done to put the fort in a, state of defence. Sunday morning three negroes were sent ont to attend the cattle, who soon returned with 30 234 HISTORY OF THE AVAR count that they had seen 20 Indians. Scouts were sent out to ascertain the truth of the report : they returned and declared they could see no si^ns of Indians. One of the negroes belonging to Mr. Randon was whipped for bring ing, \Uiat they deemed, a false report.*-- tie was sent out again on Monday, and saw a body of Indians approach ing; but aii-aid of being whipped, he did not return to Mim s, but to Pierce s fort ; but before his story could be communicated, the attack was made. The commanding officer called upon Mr. Fletcher, who owned another of the ntgroes, to whip him also. He believed the boy, and resisted two or three applications ; but at- length they had him actually brought out for the purpose, when the Indians appeared in view of the fort. The gate was open. The Indians had to come through an open Held L50 yards wide, before they could reach the fort, and yet they were within oO steps of the fort at 11 in the morning, before they were noticed. The sentry then gave the cry of * Indians! when they immediately setup a most terrible war-hoop and rushed into the gate with inconceivable rapidity, and got within, it before the people of the fort had an opportu nity of ? hutting it. This decided their fate. Major Bease- ly was shot through the belly near the gate. There was a lar^v body oi Indians, though they proba bly did not exceed 4(H). Our people seemed to sustain the aUai k with undaunted spirit. They took possession of he jiorfc holes m the outer lines of the fort and fired on the Indians who remained in the tic-id. Some of the Indians got upon the block house at one of the corners; but alter firing a good deal down upon the people they were dislodg ed. They succeeded however in setting fire to a house near the pickets, from which it was communicated to the kitchen and from thence to the main dwelling house They attempted to do it by burning arrows, but failed, When the people in the fort saw the Indians retained full possession of the outer court, that the gate continued open,, that their men fell very fast, and that their houses were in flames, they began to despond. Some determined to cut their way through the pickets and escape. Of the whole number of white men and half-breeds in the fort, it is sup posed that not more than 25 or 80 escaped, and of these many were wounded. The rest, and almost all the wo- HISTORY OF THE WAK. 235 men -and children fell a sacrifice either to the arms o ; e Indians or to the flames. Tiie battle lasied about tir.e hours and a half. When the building s were burning and the few who re- inained were exposed to the heavy fire of ihe enemy, they collected as many as they could of the guns of tiie deceas ed, and threw both them and the remaining stock of am munition into the flames, to prevent their becoming subser vient in the hands of the Indians, to the destruction of their fellow citizens. Surely this was an instance of determined resolution and benevolent foresight of winch there are not many examples. Notwithstanding the bravery of our fellow citizens, the Indians carried all before them, and murdered the armed and the helpless without discrimination. Our loss is 7 commissioned officers, ami about 100 non-commissioned officers ond privates, of the first regiment of Mississippi Territory volunteers. There were about 24 families of men, women, and children in the fort, of whom almost all have perished, amounting to about 1(30 souls. I reckon, however, among them about six families of half-breeds, and 7 Indians. Tnere were also about 100 negroes, of whom a large proportion were killed. Gens. Wilkinson and Hampton. These two Generals made an attempt to take Montreal about the 1st of Nov. 1813. Gen. Hampton was stationed at P.aitsburgh, and was to meet Gen. Wilkinson at French Mills; having- succeeded in marching through the forest 24 miles in one day, by way oi Chatauguay, and entering upon the second large forest, his guides left him, which occasioned the army to halt for three or four days; in the mean time our troops attempted the enemy s breast- work, thrown up in the woods by falling trees, digging ditches, &c. and succeeded in completely driving him from his position ; a parly sent round to intercept their retreat was met by one of consid erable force and obliged to retire. Here some misunder standing took place between the two Generals on account of the place of meeting; which, finally contributed largely to overthrow the expedition. Hampton immediately or dered ins men back to winter quarters. In this farce we lost tVi men killed and missing, Geu Wilkinson HISTORY OJF THE WAR. stationed at Sackett s Harbor, and conveyed his army flown the St. Lawrence in boats. The enemy about 2000, from Prescott, Kingston, &c. hung on his rear, and har- rassed him continually. Our army arrived at Williams- burg, the llth of Nov. and was obliged to face about and attack the enemy to save their baggage. The forces were about equally strong, having from 1,2 to 1500 men engaged ; each ga\e way by turns our men getting out of ammu nition, left the field of action unmolested, and passed down the siraits, without seeing the enemy again. We lost in this battle 102 non-commissioned officers and privates killed, 237 officers and privates wounded, with one field piece and several stand of arms : 3 officers and 28 privates of the wounded were take!* prisoners. At Cornwall Gen. Wilkmso^ first received intelligence of the different route Gen. Hampton had taken ; a council of Genera! officers was held, and it was agreed best to abandon the expedition, AMERICAN LOSS. Killed 122 wounded 251 missing 31. BRITISH LOSS. Killed 210 wounded 248 prisoners 17. CHAPTER X. CREEK WAR. Gen. Jackson to Gov. Blount. Camp at Ten Islands, Nov. 4, 1813. SIR We have retaliated for the destruction of fort Mims. Oa the 2d inst. I detached Gen. Coffee with a part of his brigade of cavalry and mounted riflemen, to de stroy Taliushatches, where a considerable force of the hos tile Creeks were concentrated. The General executed this in stile. A hundred and eighty-six of the enemy were found dead on the field, and about eighty taken prisoners ; forty of whom have been brought here. In the number left, there is a sufficiency bat slightly wounded to take care of those who are badly. I herein enclose Gen. Coffee s official report of the action. I have the honor to be, &c. ANDREW JACKSON. HISTORY OF THE WAR. 237 Gen. Coffee to Gen. Jackson. Camp at Ten Islands, Nov. 4, 1813. I had the honor yesterday, of transmitting- you a short account of an engagement that took place between a detachment of about nine hundred men from my brigade, with the enemy at Tallushatches towns ; the particulars whereof 1 beg leave herein to recite to you. Pursuant to your order of the 2d, I detailed from my brigade or cav alry and mounted riflemen, nine hundred men and officers, and proceeded directly to the Tallushatches towns, cros sing Goosey river at the Fish Dam ford, 3 or 4 miles above this place. I arrived within one and a half miles of the town (distant from this place south-east eight milesj on the morning of the 3d, at which place I divided my detach ment into two columns, the right composed of the cavalry commanded by Col. Allcorn, to cross over a largp creek that lay between us and the towns ; the left column was of the mounted riflemen under the command of Col. Cannon, with whom I marched myself. Col. Allcorn was ordered to march up on the right and encircle one half of the town, nnd at the same time the left would form a half circle on the left,and unite the head of the columns in front of the town ; all of which was performed as I could wish. When I arrived in half a mile of the towns, the drums of the enemy began to beat, mingled with their savage yells, preparing for action. ft was after sun-rise an hour, wheia the action was brought on by Capt. Hammond and Lieut. Patterson s companies, who had gone on within the circle of alignment for the purpose of drawing out the enemy from their buildings, which had the most happy effects. As soon as Capt. Ham mond exhibited his front in view of the town, ( which stood in open woodland) and gave a few scattering shot, the en emy formed and made a violent charge on him ; he gave way as they advanced, until they met our right column ; which gave them a general fire and then charged \ this changed the direction of charge completely ; the enemy retreated, tiring, until they got around and in their build ings, where they made all the resistance that an overpow ered soldier could do ; they fought as long as one existed, but their destruction was very soon completed ; our men rushed up to the doors of the houses, and in a few minutes killed the last warrior of them ; the enemy fought with sav- HISTORY OF THE WAR. age fury, and met death with ail its horrors, without shrink ing or complaining ; not one asked to be spared, but fought so long as they could stand or sit. Li consequence oi their flying to their houses and mixing with the families, our. men in killing the males, without intention, kiiLJ. and ivounded a few squaws and children, which was regicUed by every officer and soldier of the detachment, but which could not be avoided. Not one of the warriors escaped to carry the news, a circumstance unknown herei.of. v. JNO. COFFEE. AMERICAN LOSS. Killed 3 Wounded 41. BRITISH L.OSS. Killed 186 Prisoners 84. Gen. Jackson tu Gov. Blount. Camp Ten Islands, Nov. 11,1813. [IJatfraci.] SIR 1 am just returned from an excursion which I took a few days ago, and hasten to acquaint you with the result. Late on the evening of the 7th inst. a runner arrived from the friendly party in Lashiey s fort, (Taledega) dis tant about 30 miles below us, with the information that the hostile Creeks, in great force had encamped near the place, and were preparing to destroy it ; and earnestly entreated that I would lose no time in afford, ng relief. Urged by their situation as well as by a wish to meet the enemy so soon as an opportunity would offer, I determin ed upon commencing my march thither with all my dispo sable force ; we encamped that night within six miles of the fort I had set out to relieve. At sun rise we came within half a mile of them, and having formed my men, I moved on in battle order. The infantry were in three lines the militia on the left and the volunteers on the right. The cavalry formed the extreme wings : and were ordered to advance in acwrre, keeping their rear connect ed with the advance of their infantry lines, and to enclose the enemy in a circle. The advanced guard whom I sent forward to bring on the engagement, met the attack of the enemy with great intrepidity ; and having poured upon them four or live very gallant rounds, fell back as they had been previously ordered, to the main army- The ene my pursued, and the front Hue was now ordered to advance HISTORY OF THE WAR. 239 and meet him ; the fire became general along the iirst line, and on that part of the wings which were contiguous. The enemy, unable to stand it, began to retreat ; but were met at every turn, and pursued in every direction. The right wing chased them with a most destructive fire to the mountains, a distance of about 3 miles; the victory how ever was very decisive. Wherever they ran they left traces nf blood ; and it is believed that very few will re turn to their villages in as sound a condition as they left them. 1 was compelled to return to this place to protect the sick and wounded, and get my baggage. In haste, I have the honor to be, Sec. ANDREW JACKSON. .AMERICAN LOSS. Killed lo wounded lo. BRITISH LOSS. Killed 290 wounded not known. Gen. White to Gen. Cockc. Fort-Armstrong, Nov. 24, 1813. [Extract.] SIR In mine of the 19th inst. by Major Outlaw, I promised you a detailed report, respecting, the detachment ordered by you to the Hillibee towns, in the Creek nation. In compliance with that promise, I have now the honor to state that under your order of the llth inst. I immediately marched with the mounted infantry, un der the immediate command of Col. Bnrch. The cavalry under the command of Maj. Porter, and a lew of the Che rokee Indians under the command of Col. Morgan, with very short rations for four days only. After destroying two villages containing 12?> houses, we marched to the Hillibee town, consisting of about 20 houses, adjoining which was Grayson s farm. Previous to our arrival at that place, I was advised that a part of the hostile Creeks were assem bled there. Having marohed within six or seven miles of it on the 17th, I dismounted a part of the force under my command, and sent them under the command of Col. Burch, with the Cherokees under the command of Col. Morgan, in advance, to surround the town in the night, and made the attack at day light on the 18th. Owing to the darkness of the night, the town was not reached until after day lig-ht- hut so complete WHS the surprise, that we 240 HISTORY OF THE WAR. succeeded in surrounding the town, and killing and captur ing almost (if not entirely j the whole oi the hostile Creeks assembled there, consisting of about 316, of which number about 00 warriors were killed on the spot, and the re mainder made prisoners. We lost not one drop of blood in accomplishing this enterprise. We destroyed this vil lage; and, in obedience to your orders, commenced out march for this post, which we were unable to reach until yesterday. I haye the honor to be, &c. JAMES WHITE, AMERICAN LOSS. None. BRITISH LOSS. Kilted 60 Prisoners 256. Gen. Floyd to Gen. Pinkney. Catahouche, Dec. 4, 1813. [Extract.] SIR I have the honor to communicate to you an account of the action fought on the 29th ult. be tween part of the force under my command, and a large body ofthe Creek Indians. Having received information that the hostile Indians were assembled at Autossee, 1 proceed-^ ed thither with the force under my command, accompanied by about 300 friendly Indians. We encamped the 28th, at night, within ten miles of our place of destination, and the next morning by half past 6, were formed for action in front of the town. It was my intention to have completely surrounded the enemy, by appayiny the right of my force on Canlehee creek, at the mouth of which, I was informed, the town stood ; and resting the left on the river below the town ; but to our surprise, as day dawned, we perceived a second town 500 yards beiow Autossee. The plan of at tack was immediately changed ; five companies immedi ately surrounded the lower town, and the remainder attack ed the upper. The battle now became general. The In dians presented themselves at every point, and fought with the desperate bravery of real fanatics; but the well direct ed fire of the artillery, with the charged bayonet, soon forced them to take shelter in their houses, and many, it is believ ed, secured themselves in caves previously prepared in ths HISTORY OF THE WAR. 241 high bank of the river. The friendly Indians were to cross the river above the town, for the purpose of taking" such as might attempt to eseape ; but owing to the coldness of the water, they declined, after making the attempt : they cross ed the creek, thronged to our flanks, and fought with an in trepidity worthy of any troops. At 9 o clock, the enemy was completely driven from the plain, and the houses of both towns wrapped in flames, to the number of about 400. It is difficult to determine the strength of the enemy, but the chiefs say there were assembled the warriors of eight towns, for the defence of Autossee, it being their beloved ground, on which, they proclaimed, no while man could approach without inevitable destruction. I have the honor to be, 8cc. JOHN FLOYD. AMERICAN LOSS. Killed 11 wounded 54. BRITISH LOSS. Killed 200 wounded not known. Gen. Claiborne to tlte Secretary of War. Fort Cluiborne, Jan. 1st, 1814. [Extract]SltiQn the 13th ult. I marched a detachment from this post with a view of destroying the towns of the inimical Creek Indians, on the Alabama, above the mouth of the Cahaba. After having marched about eighty miles, from the best information I could obtain, I was within thir ty miles of a town newly erected on a ground called Holy, occupied by a large body of the, enemy, under the command of Withertbrd, the half breed chief. On the morning of the 22d, the troops resumed their line of march, chiefly through woods without a track to guide them. When near the town on the morning of the 23d my disposition for attack was made. The troops advanced in three columns. With the centre column I advanced myself, ordering Les ter s guards and Well s troop of dragoons to act as a corps of reserve. About noon the right -column composed of the twelve month s volunteers, commanded by Col. Joseph Carson, came in view of the town called Eccanachaca (or Holy Ground)and was immediately vigorously attacked by the enemy, who were apprized or our approach, and had Chosen their fit-Id of action. 31 HISTORY OF THE WAK. Before the centre* commanded by Lieut. Col. Russell, with a part of the 3d regiment of U. S. infantry and mount ed militia riflemen, or the left column, which was compos ed of militia and a party of Choctaws under Pushamnttaha, commanded by Maj. Smoot, of militia, who were ordered to charge, could come generally into action, the enemy were repulsed and were flying in all directions,, and many of them easting away their arms. A pursuit was immediately ordered but from the nature of the country, nothing was effected. The town was near* ly surrounded by swamps and deep ravines, which render ed our approach difficult, and facilitated the escape of the enemy. In the town we found a large quantity of provi sions antl immense property of various kinds, which the enemy, fly ing precipitately, were obliged to leave behind, and which, together with two hundred houses were de stroyed. The next day was occupied in destroying a town con sisting of sixty houses, eight miles higher up the river, and in taking and destroying the enemy s boats. At the town last destroyed was killed three Indians of some distinc tion. I have the honor to be> &c. FERD. L. CLAIRORNE. AMERICAN LOSS. Killed 1 wounded (5. BRITISH LOSS. Killed -33 wounded not known. Gen. Floyd to Gen. Pinkncy. Camp Defiance, Jan. 27, 181 f [Extract^] SIR T have the honor to acquaint your ex cellency that this morning at 20 minutes past 5 o clock, a very large body of hotile Indians made a desperate attack upon the army under my command. They stole upon the centinels, fired on them, and with great impetuosity rushed upon our line : in 20 minutes the action became general, and our front, right, and left flanks were closely pressed, but the brave and gallant conduct of the field and line officers, and the firmness of t,he men, repelled them at every ppint. HISTOJRY OF THE WAR. The steady firmness, and incessant fire of Capt. Thomas artillery, and Capt. Adams riflemen, preserved our front lines. The enemy rushed within 30 yards of the artillery, and Capt. Brodnax, who commanded one of the piquet guards, maintained his post with great bravery, until the enemy gained his rear, and then cut his way through them to the army. As soon as it became light enough to distinguish objects, 1 ordered Majs. Watson s and Fre- man s battallions to wheel up at right tingles with Majors Booth s and Cleveland s battallions, who formed the right wing, to prepare for the charge. The order for the charge was promptly obeyed, and the enemy fled in every direction before the bayonet. From the effusion of bloocij and the number of head dresses and war clubs found in various directions, their loss must have been considerable, independent of their wounded. I have the honor to be, &c. JOHN FLOYD, AMERICAN L.OSS. Killed 17---wounded 132. BRITISH LOSS. Killed 52 wounded not known. Gen. Jackson to Gen. Pinkncy. Fort Strother, Jan. 29, 1814. [Extract] SIR I had ordered 800 Tennessee volun teers to join me on the 10th inst. but they did not arrive until the 14th ; the next day they, with the force before with me, 130, marched across the river to graze our horse*. The motives which influenced me to penetrate further into the eiem\ s country were many and urgent. 1 received a let ter from Col. Snodgrass, informing me that an attack was soon to be made on fort Armstrong, by 900 of the enemy, col lected from New Youka, Oakfuskee, and Ufauley towns, and were concentrated in the bend of the Tallapoosee. It I could have hesitated before, I could now hesitate no longer. On the 19th I encamped at Eutochapco ; here I soon per ceived how little knowledge my spies had of the country, of the situation of the enemy, or of the distance we were from them, and the insubordination of the new troops, an^ want of skill in their officers, became more apparent : iny wishes and my duty remained united. 244 HISTORY OF THE WA H. We arrived within a few miles of our destination the 21s*. and encamped on a high piece of ground ; about 10 o clock at night our picket fired upon a few of the enemy, and killed one. At 11 o clock otir spies returned with infor mation that a large body of the enemy were encamped about three miles distant. Being prepared at all points, nothing remained to be done, but await their approach, or be in readiness to attack them by day light. The enemy attacked our left flank, about o clock in the morning, which was vigorously met by our troops; the attack lasted half an hour. So soon as it became light enough to pur sue the enemy, the brave Gen. Coffee led on our troops to the charge ; the "enemy was completely routed at every point, and chased two miles with great slaughter. Gen. Coffee was now sent with 400 troops to reconnoitre the enemy s camp, who returned after satisfying himself oi their strength, In half an hour a considerable force of the enemy made its appearance on ray right Hank, and attacked us with great spirit. Gen. Coffee requested 200 men of me for tho pur pose of turning their left flank, which was granted ; but by some mistake, not observed at the time, only 54 followed him, who were chiefly old volunteer officers. With this little band of heroes, the Gen. attacked it, and drove them from the ground; at the same time 200 friendly Indians were ordered to iall upon their right, and co-operate with the General. This order was soon obeyed, and in its execution, what I expected, was realized. The enemy intended the at tack on ray right as a feint, and soon attacked my left with their main force, which they hoped to find weakened and in disorder they were disappointed the whole line met the attack with firmness and astonishing intrepidity, and having given a few fires charged with great vigor; the effect was immediate and inevitable. The enemy fled with precipi tation, and were pursued to a considerable distance with great slaughter. In the mean time Gen. Coffee was con tending with a superior force, the Indians having joined my left. Jim Fife, with 100 friendly Indians, I forthwith ordered to his assistance; he no sooner reached the spot than the General made a charge, and the enemy were ront- i3tl and driven three miles, with the loss of 4o slain. I was determined to commence a return march the next morning", -.- * ., HISTORY OF THE WAR. 245 as mv provisions were nearly consumed. I considered it not necessary to pursue them any farther, as the object of a genera! engagement would be more certainly attained by commencing a return, which, to them, would have the ap pearance of a retreat, and would inspire them with new courage to pursue me ; and not prudent because of my wounded, the starving condition of my horses, they not having neither eat coin nor cane for two days, and of the scarcity of my provisions influenced by these considera tions, 1 commenced my return march on the 23d and reach ed Enotachopco that night. I took a different route from the one we came in, to avoid a deep defile between two mountains. Having a deep creek to pass J issued a gener al order pointing out the manner in which the men should be formed, in case of an attack. The front guard and the wounded had crossed, when an alarm gun was heard in the rear. I heard it without surprise, and even .with pleasure, as I calculated on the firm ness of my troops, from the man ner in which I had seen them act on the 22d. Having chosen the ground, I expected to have entirely cut off the enemy, by wheeling the right and left columns on their pi vots, recrossing the creek above and below, and falling upon their flanks and rear. But to my astonishment, after a few guns had been fired, I beheld the right and left col umns of the rear guard give way. This shameful retreat was disastrous in the extreme; drawing with it the greater- part of the centre column, and producing consternation and dismay in the whole army. There was left to oppose the enemy a few of the rear guard, the artillery, and Capt Russell s company of spies; they realized and exceeded my best expectations. Never was there more bravery dis played than on this occasion. Amidst the most galling lire from the enemy, more than ten times their number, they ascended the hill. In the hurry of the moment, in separating the gun from the limbers, the rammer and picker were left tied to it. No sooner was this discovered than Craven Jackson, and Constantine Perkins, gunners, found means to replace them ; Jackson amidst the galling fire of the enemy, pulled out the ramrod of his musket, used it as a picker, primed with a cartridge, and fired the cannon. Perkins having taken off his bayonet, used his gun as a rammer, and Jackson using- his former plan, again dis~ HISTORY OF THE WAR. charged her. Lieut. Armstrong soon fell, and exclaimed as he lay, * my brave fellows, some of you may fall, bu.t you must save the cannon. At this time a number crossed the creek, and entered into the chase, when they were pursued more than two miles, fleeing in consternation, throwing 41 way their packs, and left 26 of their warriors dead on the eld. This last defeat was decisive. lam, sir, with sentiments of respect, &c. ANDREW JACKSON, AMERICAN LOSS. Killed 20 wounded 75. BRITISH LOSS. Killed 235 wounded, not known, Gen. Jackson to Governor Blmmt. Fort Williams, March 31, 1814. [Extract.] SIR I have just returned from the expedi tion which 1 advi.sed you in my last I was about to make to the Tallapoosee ; and hasten to acquaint you with the good fortune which attended it. I took up the line of march from this place on the morn ing of the 21st inst. and having opened a passage of52 1-2 miles over the ridges which divide the waters of the two riv ers, I reached the bend of the Tallapoosee, three miles be yond where i had the engagement of the 22d of January, and at the southern extremity of New-Youka, on the morning of the 27th. This bend resembles in its curva ture that of a horse shoe, and is thence called bv that name among the whites. Nature furnishes few situations so elli- gible for defence, and barbarians have never rendered one more secure by art. Across the neck of the bend which leads into it from the north, they had erected a breast- work f>f the greatest compactness and strength, from five to eight feet high, and prepared with double port holes very artfully arranged. The ligure of this wall manifested no less skill in the projection of it, than its construction ; an army could not approach it without being exposed to a double and cross tire from the enemy, who lay In perfect Security behind it. In this bend the warriors from Oakfusky, Oakehagu, New-Youka, Hillibee, the Fish Ponds, and Eufauta towns, apprised of *>or approach, had collected their HISTORY OF THE WAR. 24? Their exact number cannot be ascertained ; but it is said by the prisoners we have taken, to have been a thousand. Early on the morning of the 27th, having encamped the preceding night at the distance of five miles from them, I detailed Gen. Coffee with the mounted men, and nearly the whole of the Indian force, to cross the river at a ford about 3 miles below their encampment, and to surround the bend in such a manner that none of them should escape by at tempting to cross the river. With the remainder of the forces I proceeded slowly and in order, along the point of land which led to the front of their breast- wo rk ; having planted my cannon (one six and one three pounder) on au eminence at the distance of 150 or 200 yards from it, I opened a brisk tire, playing upon the enemy with the mus kets and rifles whenever they shewed themselves beyond it ; this was kept up, with short interruptions, for about two hour.**, when apart of the Indian force, and Capt. Russell s and Lieut. Bean s companies of spies, vtho had accompani ed Gen. Coffee, crossed over in canoes to the extremity of tire bend, and set fire to the buildings which were there sit uated ; they then advanced with great gallantry towards the breast- work, and commenced a spirited fire upon the enemy behind it. Finding that this force, notwithstanding the bravery they displayed, was wholly Insufficient to dislodge them, and that Gen. Coffee had entirely secured the opposite bank of the river, I now determined to take their works by storm. The men by whom this was to be effected hud been waiting" with impatience to receive their order, and hailed it with acclamation. The spirit which animated them was a sure augury of the success which was to follow. The history of warfare furnishes few instances of a more brilliant attack the re gulars led on by their intrepid and skillful commander, CoL Williams, and by the gallant Major Montgomery, soon gained possession of the works in the midst of a most tre mendous fire from behind them, and the militia of the ven erable Gen. Doherty s brigade, accompanied them in the charge, with a vivacity and firmness that would have done honor to regulars. The fighting continued with some se verity about five hours. 248 HISTORY OF THE WA& According lo my original purpose, I commenced my re turn march for fort Williams to-day, and shall, if I find supplies there, hasten to the Hickory ground. The power of the Creeks is, I think, for ever broken. I have the honor to be, &c. ANDREW JACKSON, AMERICAN LOSS. Killed 26 Wounded 100. BRITISH LOSS. Killed 843 Prisoners 250; CHAPTER XI. CAPT. PORTER S CRUIZE. Cftpt. Porter lo Ike Secretary of the Navy. TJ. 8. F. Essex, Pacific Ocean, July 2, 1813. SIR On the 23d March last, I sailed, shaping my course to the northward, and on the 26th of the same month, fell in with the Peruvian corsair ship Nereyda, mounting 1 15 guns : she had a few days before, captured two American whale ships, the crews of which (amounting in number to 24 men) were then detained prisoners on board her ; and they assign no other motive for the cap ture, than that they were the allies ofG. Britain, and as such, should capture all American vessels they could fall in with : therefore, to prevent in future such vexatious pro ceedings, I threw all her armament into the sea, liberated the Americans, and dismissed the Nereyda. I then proceeded with all possible dispatch for Lima, to intercept one of the detained vessels, which had parted with the Nereyda only three days before, and was so fortunate as to arrive there and recapture her on the 5lh April, at the moment she was entering the port. This vessel (the ship Barclay, Capt. Gideon Randall, of New Bedford,) I took under my protection, and have had her with me ever since. From Lima, I proceeded for Galapagos Island where I captured the following British Letters of marque ships. Montezuma, 2 guns, 21 men Policy, 10 guns, 26 men Georgiana, 6 guns, 25 men Atlantic, 8 guns, 24 men and Greenwich, 10 guns, 25 men. HISTORY OF THE WAR. 2 19 The Geprgiana being reputed a very fast sailer, and ap parently ueli calculated for, a cruize r, I mour.ted 16 guns on her and gave the commaiwi other to that excellent offi cer, Lieut. John Downes, with a complement of 42 men. Lieut. Downes joined me at Tumbez, near Guiaquil, on the coast ot Peru, on the 24th June, after capturing three Letter of Marque ships. Hector, 1 1 guns 25 men -Catherine, 8 guns, 29 men Rose, 8 guns, 21 men. I found, by experience, that the Georgiana did not de serve the character given of her for sailing. I therefore shipped her officers and crew to the Atlantic, and mount ed on her 20 guns, with a complement of 00 men, and ap pointed midshipman Rich. Dashiell, acting sailing master, on board her ; to this vessel I gav-e, the name of Essex Ju nior. I also fitted up the ship Greenwich as a store ship, and mounted on her 20 guns, placing her under the com mand of Lieut. Gamble, of the marines. On board her I have put all the provisions and stores of mv other prizes, except a supply of three and a half months for each, and have by this means secured myself a tin I supply of every necessary article for seven months. 1 had hoped to dis pose of my other prizes at Guiaquil : the Govs. in Peru, liowever, are excessively alarmed at my appearance on the coast, as my fleet now amou its to nine sail of vessels, all formidable in their appearance, and they would if they dare, treat us with a hostility little short of declared enemies. Indeed, sir, when 1 compare my present situation with \vhat it was when I doubled Cape Horn, I cannot brst es teem myself fortunate in an extraordinary degree. There my ship was shattered by tempestuous weather, and desti tute of every thing; my officers and c -ew half starved, na ked, and worn out with fatigue. -Now, sir, my ship is in prime order, abundantly supplied with every thing neces sary for her. I have a noble ship for a consort of 20 guns, and well manned, a store ship of 20 guns, and well sup plied with the best of every thing that we may want, and prizes which would be worth in England two mUiions of dollars: and what renders the comparison more pleasing, the enemy has furnished all. The times of my best men have expired ; but Jtheir. at tachment to the ship, and theiy zeal for the sen-ice we ait 1 frl 250 HISTOWT OF THE WAfc engaged on, prevent all complaints on that accou-il. f I ;. not probable that you will hear of me for several months to come, unless some disaster happens; but I beg leave to assure yon, sir, that I shall not be idle. I have the honor to be, &e. D. PORTER Loss of fort Niaqartf.Gen. M Clnre, about the first of Dec. 1813, abandoned fort George, in Canada, and burnt the town of Newark, adjoining it, as a measure, to prevent the enemy s occupying fort George after he had left it. On the 18th- of fhe same month, the British crossed to Lewistown, in considerable force, arid burnt it to the ground : when their Allies were set at liberty, and indulg ed freely in their brutal excesses, in murdering our defence less citizens ; they then attacked and burnt Manchester, and Tnscar-ora, the latter an Indian town. In the mean time ihe British attacked fort Niagara, and ttiok it by storm, at 4 o clock on the morning of the 19th; the gate being open, they surprised the picket, and entered the fort before they were discovered, when a scene of terrible slaughter took place. They were not opposed by any, except a few wounded men in the southeast block house, and a few of the guard ; but, strange as it may appear, the enemy bay - onetted about 80 of our men, chiefly, after they had cried for quarters. The preceding facts were sworn to before a justice, by Robert Lee, a gentleman of Lewislown, whi> was in the fort when taken. Burning bf Buffaloe and Black Hock. Soon after the storming of fort Niagafa, and the burning of Lewistown, &c ft ; lj, Greh. Hall repaired to the frontiers, for the pur pose of collecting a force, (militia) sufficient to defend .Buffaloe and Black Rock-. From the 22d Dec. to the 29th, Gen. Hall had collected about 2000 troops, miiitia and ex empts, but was reduced to 1200 by desertions, on the mor ning o/.tto-batUe of the 30th. In the even! rig of the 29th (says Gen. Hall, in a letter of the 30th Dec. to Gov. Totnp- kms,) at about 12 o clock, I received information that one of our patroles had been fired on, one mile below Black Rock,; riTheWiemy advanced and took possession of the battery near Gonjokaties creek. The ti-oops were imme diately formed, and stood by their arms. I was not yet HISTORY OF THE WAR. certain what point the enemy meant to attack. Being" anxious to anticipate the enemy s landing 1 , and meet him at the water s edge, I gave orders for the troops at the Rock, to attack the enemy, and dislodge them from the battery, and to drive them to their boats. The attempt failed through the confusion into which the militia were thro.wn, on the first fire of the enemy, and the darkness of the nigluV I then ordered the corps under Major Adams, and Col. Chapin to make the attack. These three detachments were thrown into confusion, and were of no service afterwards. As the day dawned, I discovered a detachment of the en emy s boats crossing to our shore, and bending their course towards the rear of Gen. Porter s house. I immediately ordered Col. Blakeslie to attack the enemy s force at the water s edge. I now became satisfied as to the disposition and object of the enemy. Their left wing composed of 1000 regulars, militia, and Indians, had been landed below the creek, under cover of the night. With their centre, consisting of 400 royal Scots, commanded by Col. Gordon, the battle was commenced. Their right which w as pur posely weak, was landed near the main battery, merely to divert our force, the whole under the. immediate command of Lieut. ^en. Drummond, and led on by Maj. Gen. Riall. They were attacked by four field pieces in the battery and at the water s edge ; at the same time the battery from the other side of the river opened a heavy tire upon us, of shells, hot shot, and bail. The whole force now opposed to the enemy was at most, not over 600 men, the remainder hav ing fled, in spite of the exertions of their officers. . These few, but brave men, disputed every inch of gro.und, \\ ith the steady coolness of veterans, at the expence of many valua ble lives. - The defection of the militia, and the reserve, and loss of the services of the cavalry, by reason of the ground on which they must act, left the forces engaged, exposed to the enemy s fire in front and flank. Ai U ,.-r standing their ground for half an hour, opposed by an over whelming" force, and nearly surrounded, a retreat became necessary to their safety, and was accordingly ordered. I then made every effort to rally the troops, vvuh a view to at tack their columns as they entered the village of Buffaloe; but all in vain. Deserted by my principal force, I fell back that night to Eleven Mile creek, and was forced to leave HISTORY OF THE WAR. the flourishing villages of Black Rock and Buffaloe a prey to the enemy, which they have pillaged and laid in ashes. They have gained but little plunder from the public stores; the chief loss has fallen upon individuals. Our loss was 50 killed 40 wounded and 69 missing, and one cannon. * I regret to add, (says Gen. Hall, To Gov. Touipkins in his letter of J m. 13) that on reposses sing the battle ground, we collected 50 dead bodies, yet imbnned, of the battle of the 30th ult. The enemy admit their loss to be, in killed and wounded, 300. Col Butler to Gen. Harrison. Detroit, March 7, 1814. [Extract] SIR By Lieut. Shannon, of the 27th regi ment U. S. infantry, I have the honor to inform yon, that a detachment of the troops under my command, led by dipt. Holmes, of the 24lh regiment U. S. infantry, have obinmed a signal victory over the enemy. The affair took place on the 4th inst. about 100 miles from this place, on the river De Trench. Our force con- sir.ed of no more than 160 rangers and mounted infantry. Tne enemy, had from their own acknowledgment, 230. Tr.-e fine lijrht company of the royal Scots is totally destroy ed ; the> led the attack most gallantly, and their comman der fell within ten paces of our front line. The light com pany ot Iht 89th has also suffered severely; one officer of that company fell, one is a prisoner, and another is said to be badly wounded. In killed, and wounded, and prison ers, the enemy lost about 80 whilst on our part there were but four killed and four wounded. This great disparity inthelosson each side is to be attributed to the very judicious position occupied by Capt. Holmes, who compelled the ene my to attack him at great disadvantage ; this, even more than his gallantry, merits the laurel. We took one hundred head of cattle also from the ene my, intended for Long Point or Burlington. H. BUTLER. WARRINGTON S VICTOPtY. Cctpt. Harrington to t/ie Secretary of the Navy. U. S. sloop Peacock, at sea, April 20, 1814. [Extract.] SIR 1 have the honor to inform you, that we have this morning captured, after an action of 42 min- HISTORY OF THE WAR*. 253 utes, his majesty s brig- Epervier, rating and mounting 18 o2 pound carronades, with 128 men, of whom 11 were killed and 15 wounded. Not a man in the Peacock was killed, and only two wounded, neither dangerously so. The fate of the^Epervier would have been determined in much less time, but for the circumstance of our fore-yard being totally disabled by two round shot in the starboard quarter from her first broadside, which entirely deprived us of the use of our fore and fore-top-saiis, and compelled us to keep the ship large throughout the remainder of the action. This, with a few top-mast and top-gallant back stay scut away, a few shot through our sails, is the only injury the Peacock has sustained. Not a round shot touched our hull; our masts and spars are as sound as ever. When the enemy struck, he had five feet water in his hold, his main-top-mast was over the side, his main boom shot away, his fore-mast cut nepriy in two and tottering, his fore rig ging and stays shot away, his bowsprit badly wounded, and 45 shot holes in his hull, 20 of which were within a foot of his water line. By great exertion, we got her in sailing order just as the dark came on. In 15 minutes after the enemy struck, the Peacock was ready for another action, in every respect but her fore-yard, which was sent down, finished, and had the fore-sail set again in 45 minutes such was the spirit and activity of our gallant crew. The Epervier had under her convoy an English hermaphrodite brig, a Russian and a Spanish ship, which all hauled their wind and slood to the E. N. E. I had determined upon pursuing the former, buttound that it would not answer to leave our prize in her then crippled state ; and the more particularly so, as we found she had 8i20,000 in specie, which we soon transferred to this sloop. Every officer, seaman, and marine did his duty, which is the highest compliment 1 can pay them. I have the iionor to be, &c. L. WASHINGTON. AMERICAN LOSS. Killed none wounded 2. BRITISH LOSS. Killed 11 wounded 15 prisoners 117. HISTORY OF THE WAR. Lieut. Woolscy to Com. Chauncey. Sackett s Harbor, June {, 181 j. j Extract^ SIR I had the honor to receive per express yourcommunicationofthe 27th, vestingin me discretionary powers. I immediately despatched Mr. Dsxon in the long g ig to reconnoitre the coast, and went with my officers to the falls, to run the boats down over the rapids. At sun set \ve arrived at. Oswego with the boals (19 in number) load ed in all with 21 long 32 pounders, 10 24 pounders, 3 42 do. (carronades) and 10 cables, besides some light articles, and distributed in the balteaux a guard of about 150 rifle men, under command of Major Appling. Mr. Dixon having returned with a report of the coast being clear, we set off at dark and arrived at Big Salmon river about sun rise on the 20lh, with the loss of one boat having on board two 24 pounders and one cable. At Big Salmon we met the Oneidas, whom I had des patched the day previous, under the command of Lieut. Hill, of the rifle regiment. As soon as they had taken up their line ol march along the shore to Big Sandy Creek, 1 started with all the boa;s aud arrived at our place of desti nation about two miles up the, Creek, At 2 P. M. on the 30th, I received your letter of the 29th, 6 P. M. per express, and agreeably to .the order contained therein, sent Lieut. Pierce to look out as far as Stony Point : about 6 he returned, having been pursued, by a. gun boat and three barges. Tue best possible disposition was made ot the riflenien and In dians, about half a mile below our boats. About 8 A.M. a cannonading at long shot was commenced by the enemy, and believing (as I did).that no attempt would be made to. land with their small force, I ordered Lieut. Pierce to pro ceed in erecting shetrs and making 1 preparations to unload the boals. About. 9 o clock Capt. Harris with a squadron of dragoons, and Capt. JYlelvin with a company of light artillery and 2 6- pounders, arrived. CapL Harris the com manding officer, agreed with me that this reinforcement should halt, as the troops best calculated for a bush right were already on the ground, where they could act to the greatest advantage, aud that the enemy seeing a large re inforcement arrive would most probably retreat. About 10, the enemy having landed and pushed up the creek with four gun boats, three cutters, and one gig the riflemen HISTORY OF THE WAR. 25-5 under that excellent officer, Major Appling, arose from their concealment, and after a smart fire of about 10 min utes, succeeded in capturing all the boats and their crews, without one having escaped. At about 5 P. M. buried, with the honors of war, Mr. IIoare(a British midshipman) killed in the action. The enemy s loss in this affair, is 4 gun boats, one car rying 1 24 pounder, and one 68 Ib. carronade ; each of the others carrying two heavy guns ; two cutters and 1 gig, L have the honor to be, <kc. M. T. WOOLSEY, AMERICAN LOSS. Killed none wounded 5. BRITISH IX)SS. Killed 14 wounded 28 -prisoners 169. LOSS OF THE ESSEX. Capt. Porter to the Secretary of the Nary. Essex Junior, at sea, July 3, 1814. [Extract.} SIR I sailed from the Delaware, Oct. 27, 1812, and repaired to Port Praya, Noronho, and Cape Frio, On my passage from Port Praya to Noronho, I captured his B. M. packet Norton ; after taking Out 11,000 pounds sterling in specie, sent her for America. Orl Cape Frio I captured a schooner with hides and tallow, and sent her into Porto Rico. I proceeded to St. Catherines to supply my ship with provisions. From St. Catherines I shaped my course for ihe Pacific, and arrived til Valparaiso March 14, 1813. Of the success we met with in our next cruise you have been informed in my letter of July 2, 1813. I re ceived information that the Phoebe frigate, and Racoon and Cherub sloops of war, were in pursuit of me. My ship, alter being near a year at sea, required some repairs to put her in a state to meet them; which I determined to do, and repaired, with my prizes, to the Island of Nooa- heevah, or Madison Island, where I completely overhaul ed my ship, and took on board, from the prizes, provisions and stores for upwards of four months, and sailed for the coast of Chili, Dec. 12, 1813. Previous to sailing I secur ed the Seringapalam, Greenwich, and Sir A. Hammond, under the guns of u battery which I had erected for their protection; (nf iff taking possession of this tine Island, for 256 HISTORY OF THE WAR. the United States, and establishing the uiosl friendly inter - course with its natives) I left them under the care of Lieut. Gamble and 21 men, with orders to repair tq Valparaiso after a certain period. Believing Com. Hillyer would be most likely to appear at Valparaiso lirst, I therefore deter mined to cruise about that place. Agreeably to my ex pectations the Com. arrived at that place ; but, contrary to my wishes, he brought with him the Cherub .sloop of war, mounting 28 gnus, and a complement of 180 men. The force of the Phoebe, the Commodore s flag ship, was 30 long 18 pounders, 1(5 32 Ib, carronades, and 7 3 poun ders in her lops, in all 53 guns, and a crew of 320 men; making a force ot 81 guns and 500 men. The force of the Essex was 40 32 Ib. carronades and 6 long twelves, and her crew had been reduced by manning. out her prizes to 255 men. They provisioned, and went off the port for the purpose of blockading ine. I often endeavored to provoke a challenge, and bring the Phoebe alone to action with the Essex, bul without success. There were no hopes of any advantages to my country ..from a longer stay in port; I therefore determined to put. to sea the first opportunity. The 28th of march, the day after this resolution was form ed, the wind blew fresh from the south, when I parted my larboard cable and dragged directly out to sen. IN ot a moment was to be lost in getting sail on the ship. On rounding the point a heavy squall struck us, and carried away our nuini top-mast, precipitating four men into the sea, who drowned. Both ships, now gave chase ; seeing I could not recover my former anchorage in my disabled state, I ran elose into a small lay, and anchored within pis tol shot of the shore, .undercover of two batteries off Val paraiso, which being neutral were bound to protect me ; at least till I had repaired damages. I had not succeeded in repairing or getting a spring on my cable when the enemy :.it 54 minutes past 3, P. M. made his attack. The Phoebe placing herself under my stern, and the Chembon my star board bow ; but finding that situation a hot one, she bore up and run under m\ stern also, where both ships kept up a raking fire. I had got 3 long J2 pounders out of the stem ports, which were worked with so much bravery that in hail an hour we so disabled both as to compel them to haul oil to repair damages. My ship had received many HISTORY OP THE WAK. 257 injuries, and several had been killed and wounded, but all appeared determined to defend the ship to the last, and to die in preference to a shameful surrender. The enemy soon repaired his damages, and made a fresh attack with both ships on my starboard quarter, out of reach of my car- ronades, and where my stern iuns could not be brought to bear he there kept ui> a galling- fire which it was out of my power to return. Tlu only rope not cut was the flying 1 gib halliards, and that beinjj the only sail I could set, I caused it to be hoisted, my cables to be cut, and run down on both sh.ps, with an intention of laying the Phoebe on board. The firing on both sides was now tremendous ; I had let tall my fore-topsail and foresail, but the want of tacks and sheets rendered th m useless, yet were we enabled for a short time to close with the e.iemy, although our decks were strewed with 4 he dead, our cockpit filled with Wounded, our ship had been several times on fire, and a perfect wreck, we were still encouraged to hope to save her, as the Cherub in her crip Vied state, had been compel led to haul off. The Phoebe, from our disabled state, w is enabled to edge ff, a;id choose her distance, tor her long guns, atid kept up SUCH a tremendous fire, as to mow down m\ brave companions by the dozen. 1 now gave up all hopes of closing with him, and determined to run on shore, land my men, and destroy the vessel. We had approach ed the shore wiihiu musket shot, when in an instant the wind shifted, and payed our head down on the Phoebe. My ship was now totally unmanageable; yet, as her head was toward the enemy, and he to UK J leeward of me, I ^stiil hoped to be able to board him. Finding the enemy was determined to avoid being boarded, and my ship alarm ingly on fire, and the slaughter ou board having become most horrible, I directed a hawser to be bent to the sheet anchor, and the bow 7 anchor to be cut, to bring her head round : this succeeded, and we again got our guns to bear; mil the hawser soon gave way, and left us a perfect wreck. The flames were bursting up the hatchway, and no ho..es were entertained of saving the ship, as a quantity of pow der had already exploded, and the fire had nearly reached the magazine, which served to increase Uie horrors of our vitiation. J therefore directed those who could swim, to 258 HISTORY OF THE WAR- jump overboard, and gain the shore. Some reached it- some were taken by the enemy -and some perished. We Avho remained, turned our attention wholly to extinguishing the flames; when we had succeeded, went again to our guns, where the firing was kept up for some minutes. Al most every gnu having been dismounted, and the impossi bility of making 1 further attempts to capture our antago nists, and the entreaties of the remainder of my brave crew, to surrender to save the wounded, I sent for the officers of divisions to consult them, but what was my surprise, to fi id only acting Lieut. M Kiiig ht remaining. I was informed that the cockpit, steerage, wardroom, and birth-deck would contain no more wounded; and that the ship was tilling with water very fast. The enemy were enabled from the smoothness of the water, to take aim at us as a target in tine, 1 saw no hopes of saving my vessel, or making my es cape, and at 20 minutes past 6 P M. gave the painful or der to strike the colors. Seventy-five men, including offi cers, were all that remained of my crew when the colors were struck, capable of doing duty. I directed an oppo site gun tired to shew we intended no further res stance ; but they did not desist; a number of men were kdled by my side and in other parts of the ship. I now believed he intended to show us no quarter, and thought it would be as well to die with my flag flying as struck, and was on the point of again hoisting it, when 10 minutes after hauling the colors down, he ceased firing. I must, in justification of myself and crew observe, that with our six twelve pounders only, we fought this action, our patron a deS being almost useless. Our loss is 58 killed (5;> wounded and 31 missing- total 154. I have the honor to !e, c. DAVID PORTER. Col Mitchell to (, eu. Brown. II. ft. Oswego, May 8, 1814. [Extract] SIR I informed you of my arrival at foifc Oswego on the 30th ult. This post being but occasion ally and not rtcently occupied by regular troops, was in n bad state of defence. Of cannon we iiad but live old guns, three of which had lost their trunnions. What could be done in the way of repair was effected. On the 5th inst. HISTORY OP THE WAR. 25.9 the British naval force consisting of four large ships, three brisks anti a Dumber of gun and other boats were descried at reveille beating about seven miles from the fort. Infor mation v\as immediately given to Capt. Woolsey of the navy, (who was at Oswego village) and to the neighbor ing mililia. It being doubtful on which side of the river the enemy would attempt to land, and my force (290 ef fectives; being too small to bear division, . I ordered the tents in store to ta pitched on the village side, while I oc cupied the other with my whole force. It is probable that this artifice had its effect, and determined the enemy to at tack where, from appearances, they expected the least op position. About 1 o clock the fleet approached. Fifteen boats, large and crowded with troops, at a given signal, moved slowly to the shore. These were preceded by gun boats seal to rake the woods and cover the landing, while the larger vessels opened a fire upon the fort. Capt. Boyle and L.eift. Legate, (so soon as the debarking boats got within range of our shot) opened upon them a very successful fire from the shore battery, and compelled them twice to retire. They at length returned to the ships and the whole stood oh 1 from the shore for better anchorage. One of the enemy s boats which had been deserted, was taken up by us, and some others by the militia. The first mentioned was sixty feet long, carried thirty-six oars and three sails, and could accommodate 150 men. She had received a ball through her bow, and was nearly filled with water. At day break on the 6th the fleet appeared bearing up under easy sail. They took a position directly against the fort and batteries, and for three hours kept up a heavy fire of grape, &c. Finding that the enemy had effected a landing, 1 withdrew my small disposable force into the rear of the fort, and witli two companies met their advanc ing columns, while the other companies engaged the flanks of the enemy. Lieut. Pierce of the navy and some sea men, joined in the attack and fought with their character istic bravery. We maintained our ground about thirty minutes, and as long as consisted with my fur! her duty of defending the public stores deposited at the fails, which no doubt formed the principal object of the expedition on the part of the enemy. Nor was this movement made precipi- HISXOKY OF THE WAR. lately. T halted within 400 yards of the fort. Opt. Ho- mayne s company formed the rear tyuard, and, remaining with it, I marched to this place in good order, destroying the bridges in my rear. The enemy landed six hundred of De WattevilieY regiment, six hundred marines, two companies of the Giengary corps, and three hundred and fifty seamen. (Gen. Drumniond and Com. Yeo were the land and na val commanders. They burned the old barracks and evacuated the fort about 3 o clock in the morning oi the 7th, Our loss in killed is six ; in wounded 38 and in inis- sing, 25. The enemy lost 70 killed, and 165 wounded, drowned, and prisoners. Gen. jBrown to the ISecretttry of War. H. Q, Chippewa, July 7, 1814. [Extract^] SIR On the 2d mst. I issued orders for crossing the Niagara, and made arrangements deemed ne cessary for securing the garrison of fort Erie the 3d, that post surrendered, at 5 P. M. Our loss in this affair, was 4 wounded. Io7 prisoners, including- 1 Major, 1 Capt. 3 Lieuts. and 1 ensign, with the ammmi tion and cannon be- lo g ng to the post were surrendered to us." On the morning of the 4th, Brig. Gen. Scott, was order ed to advance towards Chippewa, and be governed by circumstances ; taking care to secure a good military po sition for the night ; after some skirmishing, he selected this plain With the eye of a so dier, his right resting on the Viver,and a ravine being in ftout. At 11 at night I joined him, with the reserve under Brig. Gen. Ripiey, with our iieid and batten g train, and corps of artillery. The next morning Ge;.. Porle arrived with a part of the Pennsylva nia and N. York volunteers, and some Indians. Early \\\ the morniiig oi the 5th, the enemy commenced a petty war upon our pickets, and, as he was indulged, his presumption increased, Ai 4 P. M. agreeably to my orders, Gen. Porter advanc ed from the rear of our camp, taking the woods in order to keep out of view of the enemy, in hopes of surrounding their scouting parlies. In half an hour Porter s command met the light partes and drove them to camp ; and near Chippewa, met their whole column in tfrder of battle. 1 HISTORY OF THE WAR. immediately ordered Gen. Scolt to advance with his bri gade, and Towson s artillery, who met them upon the high plain in front of our camp. lie advanced in the most offi cer like style, ai.d in a few minutes was in close action, with a superior force of British regulars. Gt-n. Porter s com mand had given way, and fled in every direction, which caused Scott s left flank to be greatly exposed. Capt. Harris, with his dragoons, was directed to stop tl.e the fu gitives, behind the ravine fronting our camp; Gen. Ripley \vas directed to pass to the left and skirt the woods, so as to keep out of view, and fall upon the rear of the enemy s right flank. This order was promptly obeyed, and the greatest exertions made to close with the enemy, but in vain; for such was the zeal and activity of the line com manded by Gen. Scott, that it was not to be checked. Maj. Jessup, commanding the left flank, finding himself pressed in front and flank, and his men falling fast around him, ordered his battallion to * support arms, and advance / the order was promptly obeyed, amidst a most deadly and destructive fire. He gained a more secure position, and returned upon the enemy so galling a discharge, as caused them to retire. By this time their whole line was falling back, and our gallant soldiers pressing upon them, when they broke their lines, and ran to regain their works. In this effort he was too successful, when the guns opened immediately upon our line, and checked, in some degree, the pursuit. At this moment, I determined to bring np my ordnance, and force the place by a direct attack ; Major Wood, of the engineers, and Capt. Austin, my aid, rode to the right of their line of works and examined them ; I was induced by their report, to order the forces to retire to carnp, tili a future time. Respectfully and truly yours. JACOB BROWN. AMERICAN LOSS. Killed 60 won ded 244 missing 19. BRITISH LOSS. Killed 190 \votinded ^3.20 prisoners 245. BLAKELEY S VICTORY. Capt. Biakeiey to the Secretary <>j the Navy. U. S. S. Wnsp, L Onent, .Inly 8, JS14. SIR On Tuesday the 28 h alt. being then ii latitude 4B, 36 N. and long. 11, 15 W. we fell ui with, engaged^ 202 HISTORY OF THE WAR. and after an action of 19 minutes, captured his Britannic majesty s sloop of war Reindeer, William Manners, Esq. commander. At half past, 12, P. M. the enemy shewed a blue and \vhite flag" diagonally at, the fore, and tired a gun. Ail, 15, called all hands to quarters, and prepared for action ; 1, 22, believing we could weather the enemy, tacked ship and stood for him ; 1, 50, the enemy tacked ship and stood from us ; 1, 56, hoisted our colors and fired a gun te windward ; at 2, 20, the enemy still standing from us, set the royals ; at 2, 25, set the flying gib ; at 2, 29, set the tipper staysails ; at 2, 32, the enemy having tacked ior us took in the staysails; at 2, 47, furled the royals ; at 2, 51, seeing that the enemy would be able to weather us, tacked ship ; at 3, 3, the enemy hoisted his flying gib brailed up our mizen ; at 3, 15, the enemy on our weather quar ter, distant about 60 yards, fired his shifting gun, a 12 pound carronade at us, loaded with round and grape shot from his top-gallant forecastle; at 3, 17, fired the same gun a se cond time ; at 3, 19. tired it a third time ; at 3, 21, fired it a fourth time ; at 3, 24, a fifth shot, all from the same gun. Finding the enemy did not get sufficiently on the beam to enable us to bring our guns to bear, put the helm a-lee, a-.dat 26 minutes after 3, commenced the action with the after carronade on the starboard side, and tired in succes sion ; at 3, 34, hauled up the mainsail ; at 3, 40, the enemy having Ins l.-i board bow in contact with our larboard quar ter, endeavored to board us, but was repulsed in every at tempt; at 3, 44, orders were given to board in turn, wlvch were promptly executed, when all resistance immediately ceased, and at 3, 45, the enemy hauled down his flag. The Reindeer mounted sixteen 24 ib. carronades, two long 6 or 9 pounders, and a shifting 12 ib. carronade, with a complement on board of 118 men. Her crew was said to be the pride of Piy mouth. The Reindeer was literally cot to pieces in a line with her ports ; her upoerworks, boats, and spare spars, were one complete wreck. A breeze springing up the next afternoon, her foremast went by the board. Having received all the prisoners on board, which from the number of wounded occupied much time, together with HISTORY OF THE WAR. their baggage, the Reindeer was on the evening of the 29th set on fire, and in a lew hours blew up. I have the honor to be, Sec. J. BLAKELEY, AMERICAN LOSS. Killed o wounded 21. BRITISH LOSS. Killed 23 wounded 42. Gen. Brown to the Secretary of War. Buffalo, Aug. 17, 1814. [Extract^] SIR You are already apprised that the army had on the 25th ult. taken a position at Chippewa* About noon of that day, Col. Swift, who was posted at Lewistown, advised me by express, that the enemy appear ed in considerable force in Queeuston, and on its heights ; that four of the enemy s tieet had arrived dun g the pre ceding night, and were then laying near fort IS iagara, and that a 1 iimber of boats were in view, moving up the strait. Within a few .minutes" after this intelligence had been re ceived, I was furl her informed by Capt. Denmon, of the quarter master s department, that the enemy were landing at Lewistown, and that our baggage and stores at -Schlos- ser, and on their way thither, were in danger of immedi ate capture. Gen. Scott, with the 1st brigade, Towson s artillery, and ail the dragoons and mounted men, were accordingly put in march on the road loading to Q,ueeris- ton, with orders to report if the enemy appeared, and to call for assistance if that was necessary. Oa the General s arrival at the Fails he learned that the enemy was in force directly in his front a narrow piece of woods alone inter cepting his view of them. Waiting only to give this infor mation he advanced upon them. By the time Assistant Adj. Gen. Jones had delivered his message, the action be gan ; and before the remaining part of the division had crossed the Chippewa, it had become close and general be tween the advance corps. Though gen. Riply with the 2d brigade, Major Hmdman with the corps of artillery, and Gen. Porter as the head of his command, had respectively pressed, forward with ardor, it was not less than an hour before they were brought to sustain Gen. Scott, during which time his command most skilfully and gallantly H1STOIIV OF THE WAR. maintained the conflict. Upon my arrival I found that the General had passed the wood and engaged the enemy al (Jueenston road, and on the ground to the left of it, with the 9th, 1 1th, and 22d regts. and Towson s artillery. The 25th had been thrown to the right to be governed by cir cumstances. Apprehending that these corps were much exhausted, and knowing that they had suffered severely, I determined to interpose a new line with the advancing troops, and thus disengage gen. Scott and hold his brigade in reserve. Orders were accordingly given to gen. Rip- ley. The enemy s artillery at his moment occupied a hill which gave h m great advantages, and was the kev of the whole position. It was supported by a line of infantry To secure the victory, it was necessary to carry tins artil lery and seize the height. This duty was assigned to Col, Miller, while, to favor its execution, the 1st regiment, un der the command of Col. Nicholas, was directed to me nace and amuse the infantry. To my great mortification, this regiment, after a discharge or two, give way and re^ treated some distance before it could be rallied, though it is believed the officers of the regiment exerted themselves to shorten this distance. In the mean tune, Col. Miller, without regarding this occurrence, advanced steadily and gallantly t>> his object, and carried the height and the can* non. Gen. Hipley brought up the 23d (which had also faultered) to his support, and the enemy disappeared from before them. The 1st regiment was now brought into line on the left of the 2 1st, and the detachments of the 17th and 19h, Gen. Porter occupying, wiih his command theextreme left. Aboutthe time Col. Miller earned theenemy s cannon, the 25th regiment, under Maj. .lessup, was engaged in u more obstinate conflict with all ihat remained to dispute With us the field of battle. Tht-Maj. as has been already stated, had been ordered by Gen. Scott, at thecoimnencetnentof lhe action, to take ground to his right. He had succeeded in turning the enemy s left flank had captured (by a detach ment under Capt. Keichum; Gen. lliali and sundry other officers, and shewed himself again to his own army, in a blaze of fire, which defeated or destroyed a very superior force of the enemy. He wrts ordered to form on the right of the 2d regiment. The enemy rallying his forces, and as is believed, having; received reinforcements, now attempted HISTORY OF THE WAR. 266 to drive us from our positions, and regain bis artillery. Our line was unshaken, and the enemy repulsed. Two other attempts having the same object, had the same issue. Gen. Scott was again engaged in repelling the former of these ; and the last I saw of him on the field of battle, he was near the head of his column, and giving to its march a direction that would have placed him on the enemy s right. It was with great pleasure I saw the good order and intre pidity of Gen. Porter s volunteers from the moment of their arrival, but during the last charge of the enemy, those qua lities were conspicuous. Stimulated by the examples set by their gallant leader, by Maj. Wood, of the Pennsylvania corps, by Col. Dobbin, of New- York, and by their officers generally, they precipitated themselves ivon the enemy s line, and made ail the prisoners which were taken at this point of *he action. Having been for some time wounded, and been a good deal exhausted by loss of blood, it became my uish to de- voh e the command on Gen. Scott, and retire from the field ; but on enquiry, I had the misfortune to learn, that he was disabled by wounds ; I therefore kept my post, and had the satisfaction to see the enemy s last effort repulsed. I now consigned th,e command to Gen. R pley. I saw and felt the victory was complete. The exhaus tion of our men was such as madesome refreshment neces sary. They particularly required water; I therefore or dered Gen. Rspley to return to camp, after bringing off the dead, wounded, and artillery, which v.as effected in good order. I have the honor to be, &c. JACOB BROWN. AMERICAN LOSS. Killed, 171 Wounded, 572 Missing, 110. BRITISH LOSS. Killed, 184 Wounded, 559 Prisoners, 221. Gen. Gaines to the Secretary of War. Fort Lrie, Aug. 23, 1814. [Extract.] SIR I have the honor to communicate the particulars of the battle fought at this place, on the 15th inst. I ha\e heretofore omitted stating to you, that during the 13 h and 14ih, the enemy had kept up a brisk cannon ade upon this fort, which was briskly returned from our 34 26(5 HISTORY OF THE WAR, batteries, without any considerable loss on our part. Afc 6, A. JVL of the loth, one of their shells lodged in a small magazine in Fort Erie, which was fortunately almost emp ty. It blew up with an explosion more awful in its ap pearance, than injurious in its effects, as it diu not disable a man, or derange a gun. It occasioned but a moment ary cessation of the thunders of the artillery on both sides ; it was followed by a loud and joyous shout by the British army? which was immediately answered on our part, and Capt, Williams, amidst the smoke of the explosion, renew ed the contest with an animated roar of his heavy cannon. The night was dark and rainy, but the faithful centinel slept not. At half past 2 o clock, the right column ol the enemy approached, and though enveloped in darkness,* black as his designs and principles, was distinctly heard on our left, and promptly marked by our musketry and can non. Being mounted at the moment, 1 repaired to the point of attack, where the sheet of fire enabled me to see the enemy s column, about 1500 men, approaching on that point; his advance was not checked until it had approach ed within ten feet of CHIP infantry. A line of loose brush representing an abet/is only intervened ; a column of the enemy attempted to pass round theabeitis through the wa ter, where it was nearly breast deep. At this moment the enemy were repulsed, bat instantly renewed the charge,, aj d were agun repulsed. My attention was novt called to the nght, where our batteries and lines- were lighted by a most brilliant fire of cannon and musketry ; it announc ed the approach of the centre and left columns of the en emy, under Cols Drummond and Scott; they were soon repulsed. That of the centre, led by Col. Drummond was not long kept in check ; it approached at once every as- sai?able point ot the fort, and with scaling* ladders, ascend ed the parapet, but was repulsed with dreadful carnage. The assault was twice repeated, and as often checked ; but. the enemy having moved round the d.trh, covered with darkness, and the heavy cloud of smoke which rolled from our cannon and musketry, repeated the charge, and re-as- cerjdedthe ladders, when their pikes, bayonets and spears, # ; I, with seveml of my officers, several limes, heard orders given, to giv? Hie damned Yankee rascals n& quarters* HISTORY OF THE WAR. 267 fell upon our gallant artillerists. Our bastion \vas lost ; Lieut. M Donough, being 1 severely wounded demanded quarter it was refused by Col. Druinuiond. M Donough then seized a handspike, and nobly defended himself uotil he was shot down with a pistol by {\\emonster who had re fused him quarter, who often reiterated the order yve the damned yankee rascals no quarter. This hardened murder er soon met his tale ; lie was shot through the breast while repeating the order, to give no quarter. The battle now raged with increased fury on the right, but on the left the enemy was repulsed and put to flight. Thence and from the centre I ordered reiniorcements. They were promptly sent by Brig. Gen. Kipley and Brig. Gen. Porter. Capt. Fanning, of the corps of artil -cry, kept up -a spirited auti destructive tire with his field pieces on the enemy while attempting to approach the fort. Major Hindman s gailaiit efforts, aided by Maj. Trimble, having failed to drive the enemy from the bastion with the remain ing artillerists and infantry in the fort, Capt. Birdsall of the 4th rifle regiment, with a detachment of riflemen, gallant ly rushed in through the gateway to their assistance, and \vith some infantry charged the enemy ; but was repulsed and the Captain severely wounded. A detachment from the 11th, 19th, and 22d iiifa itry, under CapL Foster of the llth, were introduced over the interior bastion, for the purpose of charging the enemy. Major Hall, Assist. Ins. Gen. very handsomely tendered his services to lead the charge. The charge was gallantly made by Capt. Foster and Maj. Hall, but owing to the narrowness of the passage up to the bastion admitting only 2 or 3 men abreast, it fail ed. It was often repeated, and as often checked. The enemy s force in the bastion was, however, much cut to pieces and diminished by our artillery and small arms. At this moment every operation was arrested by the explosion of some cartridges deposited in the end of the stone build ing adjoining the contested bastion. The explosion was tremendous it was decisive : the bastion was restored. At this moment Capt. Biddle was ordered to cause a field piece to be posted so as to enfilade the exterior plain and salient glacis. Capt. Fanning s battery Jikewise played HISTORY OP TKE WAR. upon them at this time with great effect. The enemy were in a few moments entirely defeated, taken, or put to flight. I have the honor to be, &r. EDMUND P. AINES. AMERICAN LOSS. Killed 17 Wounded 56 Missing 11 Total 84. BRITISH LOSS. Killed 422 Wounded 3.j4 Prisoners 186 Total 062. CHAPTER XII. CAPTURE OF WASHINGTON AND ALEX ANDRIA. Copy of a letter from the mayor oj Alexandria to the mayor (// Georgetown. DEAK SIR Enclosed is a copy of the terms proposed to the common council of Alexandria, by the commanding officer of the squadron now lying before the town, to which they were compelled to submit. Very respectfully, &c. CHARLES SIMMS. TERMS OF CAPITULATION. His Majesty s ship tfea Horse, Off Alexandria, 29th Any. 1814. GENTLEMEN In consequence of a deputation yester day received from the city of Alexandria, requesting fa vorable terms for the safety of the city, the undermention ed are the only conditions in my power to offer. The towo of Alexandria, with the exception of public works, shall not be destroyed, unless hostilities are com menced on the part of the Americans, nor shall the inhabi tants be molested in any manner whatever, or their dwel ling houses entered, if the following articles are complied with : Art. 1. All naval and ordnance stores, public 0r private must be immediately delivered up. 2. Possession will be immediately taken of all the ship ping, and their furniture must be seat on board by the own ers without delay. HISTORY OF THE WAR. 3. The vessels that have been sunk nuist be delivered up in the state they were, on the 19th of August, the dhy of the squadron passing- the Kettle Bottoms. 4. Merchandize of every description must be instantly delivered up, and to prevent any irregular.ty, that ui^ht be committed in its embarkation, the merchants have ir a their option lo load the vessels generally employed tor iLat purpose, when they shall be towed otf by us. 5. All merchandize that has been removed from Alex andria, since the 19th inst. is to be included in the above articles. 6. Refreshments of every description to be supplied the ships, and paid for at the market price, by bills OH the Bn- tish government. 7. Omcers will be appointed to see that articles No. 2, 3. 4 and 5, are strictly complied with, and an\ de nttiou or non-compliance, on the part of the inhabitants oi Alexan dria, will render this treaty null and void. I have the honor to be, Sec. JOHN A GORDON, Captain of H. M. ship &ea Horse, and senior officer of H. Al. skips off Alexandria. TO the common council of the town of Alexandria. Gen. Winder to the Secretary of War. Baltimore, August 27, 1814. SIR When the enemy arrived at the mouth of the Poto mac, of all the militia which [ had been authorised to as semble, there were but about J700 in the fieid, from 13 to 1400 nnder Gen. Stansbury nenr this place, and about 250 at Bladensburgh, under Lieut. Col. Kramer. After all the force that could be put at my disposal in that short time, and making such dispositions as I deemed best calculated to present the most respectable force at whatever point the enemy might strike, I was enabled by the most active and harrassing movements of the troops to interpose before the enemy at Bladensbnrgh about 5000 men, including 350 regulars and Commodore Barney s command. Much the largest portion of this force arrived on the ground when the enemy were in sight, aid were Disposed 01 to support in the best manner the position which 270 HISTORY OF THE WAR, Gen. Stansbnry had taken. They had barely reached the ground before the action commenced, which was about 1 o clock P. M. of the 24th inst. and continued about an hour. The artillery from Baltimore supported by Maj. Pink- iiey s rifle battalion, and a part of Capl. Doughtey s from the navy yard, were in advance to command the pass of the bridge at Bladensburgh, and played upon the enemy, -with very destructive effect. But the rifle troops were ob liged after some time to retire, and of course the artillery. Superior numbers however rushed upon them and made their retreat necessary, not however without great loss on the part of the enemy* The right, and centre of Stansbury s brigade consisting of Lieut. Col. Ragan sand Shuier s regiments, generally gave way very soon afterwards, with the exception of about 40, rallied by Col. Rag.in, after having lost his horse, and the whole or a part ot Capt. Shower s company, both of whom Gen. Stansbury represents to have made, even thus desert ed, a gallant stand. The reserve under Brig. Gen. Smith of the District of Columbia, with the militia of the city and Georgetown, with the regulars and some detachments of [Maryland mili tia, flanked on their right by Com. Barney, and his brave fellows, and Lieut. Col. Beat, still were on the right on the hill, and maintained the contest for some time with great effect. It is not with me to report the conduct of Com. Barney, and his command, nor can I speak from observation, being too remote, but the concurrent testimony of all who did ob serve them, does them the highest justice for their brave resistance and the destructive effect they produced on the enemy. From the best intelligence, there remains but little doubt that the enemy lost at least four hundred killed and wound ed, and of these a very unusual portion killed. Our loss cannot, 1 think, be estimated at more than from thirty to forty killed, and fifty to sixty wounded, and one hundred and twenty prisoners. I am/ with very great respect, 8cc. WILLIAM H. WINDER. HISTORY OF^ THE WAK. Com. Barney to the Secretary of tlte Navy. Farm, al Elk ridge, Aug. 29, 1814. [Extract^] SIR This is the tirst moment I have had it in my power to make a report of the proceedings of the forces under my command since I had ihe honor of seeing you on Tuesday, the 23d inst. at the camp at the Old Fields/ On the afternoon of that day we were informed that the enemy was advancing upon us. Our arra> was put into order of battle and our positions taken ; my forces were on the right flanked by the two battalions of the 36th and 38th regiments. A little before sunset Gen. Winder came to me and recommended that the heavy artillery should be withdrawn, with the exception of one 12 pounder to cover the retreat. We took up the line of march in the flight, and entered Washington by the Eastern Branch bridge. The Gen. requested me to take command and place my artillery to defend the passage of the bridge on the Eastern Branch, as the enemy was approaching the city in that direction. I immediately put my guns in posi tion, leaving the marines and the rest of my men at the bar- vacks, to wait further orders. I was in this situation when I had the honor to meet you, with the President, and heads of Departments, when it was determined I snould draw of? my guns and men, and proceed towards Bladensburgb, which was immediately put into execution. On our way I was informed the enemy was within a mile of Bladensburgh; we hurried on, though the day was very hot, and my mei* much crippled from the severe marches we had experienc ed the preceding da\s. I preceded the men, and when I arrived at the line which separates the District from Ma ryland, the battle began. I sent an officer back to hasten, on my men they came up in a trot. \Ve took our position on the rising ground, put the pieces in battery, posted the marines under Capt. Miller, and flotilla men/ who were to act as infantry under their own officers, on my right, to* support the pieces, and waited the approach of the enemy. During this period the engagement continued the enemy advancing, and our army retreating before them appar ently in uiuch disorder, At length the enemy made his appearance on the main road in force and in front of my battery, and on seeing s made a halt ; I reserved our fire"; and in a few minutes the enemy again advanced, when I 272 HISTORY OF THE WAR. ordered an 18 pounder to be fired, which completely clear ed the road ; shortly after, a second and third attempt was made by the enemy to come forward, hut all who made the attempt were destroyed. The enemy then crossed over in to an open field and attempted to flank our right. He was there met by three 12 pounders, the marines under Captain Miller, and my men acting as infantry, and again was to tal iy cut up. By tins time not a vestige of the American army remained, except a body of five or six hundred post ed on a height on my right, from whom I expected much support from their fine situation. The enemy from this period never appeared in front of us. JHe however pushed forward his sharp shooters, one of whom shot my horse from Under me, which tell dead between two of my guns, T;.e enemy, who had been kept in check b\ our fire nearly hah a , hour, now began to out flank us on the right. Our guns were turned that way lie pushed up the hill about two or three hundred men towards the corps of Americans stationed as above described, who, to my great mortifica tion made no resistance, giving afire or two and retiring. In this situation we had the whole army of the enemy to contend with ; our ammunition was expended, and unfor tunately the drivers of my ammunition waggons had gone oft in the general panic. At this time I received a severe wound in my thigh. Finding the enemy now completely in our rear and no means of defence, I gave orders to my of ficers and men to rat re. The great io>s ot blood occasion ed such a weakness that I was compel ed to lie <iown. 1 re quested my officers to leave me, which they obstinately re fused, but upon being ordered, they obexed : one only re mained. In a short time I observed a British soldier and had him called, and directed him to seek an officer; in a few minutes an officer came, who, on learning 1 who I was, brought Gen. Ross and Admiral Coekburn to me. These officers behaved to me with the most marked attention, res pect, and politeness ; had a surgeon brought, and my wound dressed immediately. After a few minutes conver sation, the Genera Unformed (after paying me a handsome C(iin,)iimept,) that I wax paroled, and at liberty to proceed to Washington or Bladenslmrgh, offering me every assist ance in his power, giving orders for a litter to be brought in which I was carried to Bladensburgb. HISTORY OF THE WAR. My wound is deep, but I flatter myself not dangerous ; *he ball is not yet extracted. JOSHUA BARNEY. Com. Macdonouf/h to the Secretary of the Navy. U. S. ship Saratoga, off Plaits burg, Sept. 11, 1814. SIR The Almighty lias been pleased to grant us a sig nal victory on Lake Cimmplain, in the capture of one frig ate, one brig*, and two stoops of war ot the enemy. I have the honor to be, &c. T. iMACDONOUGH. Com. Macdonough to the Secretary of the Navy. U. S. ship Saratoga, at anchor otF| Plaltsburg, Sept. 13, 1814. ] SIR By Lieut, commandant Cissin, 1 have the honor to convey to you the flags oi h-s Britannic majesty s late squadron, captured on the 1 Hh inst. by the U. States squadroii under my command, together with the particulars of the action which took place on the llth inst. on this lake. At 8 A. M. the look-out boat announced the approach of the enemy. At 9, he anchored in a line ahead, at about three hundred yards distance from my line ; his ship opposed to the Saratoga, his brig to the Eagle, his gullies, thirteen in number, lo the schooner, sloop, and a division of our gallies ; one of his sloops assist ng their ship and brig, the other assisting their galiies. Our remaining gal- lies with the Saratoga and Eagle In this situation the whole force on both sides became engaged, the Saratoga suffering much from the heavy tire of the Confiance. I could perceive at the same time, how ever, that our tire was very destructive tj her. The Ti- conderoga gallantly sustained her full share of the action. At half past 10 o clock the Eagle, not being able to bring her guns to bear, cut her cable and anchored in a more eliigible position, between my ship and the Ticonderoga, where she very much annoyed the enemy. Our guns on the starboard side being nearly ail dismounted, or not man ageable, a stern anchor was let go, the bower cable cut, and the ship winded with a fresh broadside on the enemy s ship, which soon after surrendered. Our broadside was then sprung to bear on the brig, which surrendered in about }5 minutes after, 35 "2T4 HISTORY OF THE WAR. The sloop that was opposed to the Eagle, had struck some time before and drilled down the line; the sloop which was with their gallies having struck also. Three of their gallies are sa d to be sunk, the others pulled off. Our gaihes were about obeying with alacrity the signal to follow them, when all the vessels were reported to me to be in a sinking state : it then became necessary to annul the signal to the gallies, and order their men to the pumps. I C mld only look at the enemy s gallies going off in a shattered condition, for there was not ;i mast m either squad ron that could stuad to. make sail on. The Saratoga had tiftyvtive round shot in her hull; the Confiance oiie hundred and tive. The enemy s shot pas sed principally just over our heads, as there were not 20 whole hammocks in the nettings at the close of the action, which lasted without intermission two hours and twenty minutes. The Saratoga was twice set on tire with hot shot from the enemy s shio. I have tiie honor to be, Sec. T. MACDONOUGH. p 3. Accompanying this is a list ot killed and wound ed, a lisl of prisoners and a precise statement of both forces engaged. AM URIC AX FORCE AND LOSS. Sh.-ps. guns. men. killed. wounded. Saratoga, 26 210 28 29 Eagle, 20 120 13 20 T conderoga, 17 1 10 6 6 Bwrfrte, 7 30 2 luGun Boats, 16 350 3 3 8(i 820 5-2 58 BRITISH FORGE AND LOSS. Ships. guns. men. killed, wounded Con fiance, 39 300 50. 60 Linnet, 1(> 120 20 30 Growler, 11 40 6 10 Engle, 11 40 8 10 13Gun Boats, 18 550 90 sunk 95 1050 174 110 HISTORY OP THE WAR. 275 Note. Tke following valuable property was taken on board the fleet, to wit : ll,8v,0 /6s. of porvder exclusive of fixed anmmmtwn 85,000 Ibs. of cannon ball UOOO muskets #00 suits of sailors dothiny, and all the winter clothing of the whole of their land army. Gen. Ma comb to the Secretary of War. P.attsburg, Sept. 12, 1814. [Extract.] SIR I have the honor to inform you thai the British army commanded by sir Cieorge Prevost, consist- ing" of four brigades, a corps of artillery; a. squadron of horse, and a strong light corps, amounting in all to 14,1)00 men, after investing this place on the north of the Saranac river since the 5th inst broke up their camp and raised the siege this morning at 2 o clock, retreating precipitately, and leaving their sick and wounded behind. The strength of this garrison is only ioiH) men tit for duty ! The light troops and militia are in full pursuit of ihe nemv, making prisoners in all directions. Upwards of 300 deserters have already come in, and many arrive hour ly. Onr loss in the fort is trifling indeed, having only one officer and 15 men killed, and one officer and oO uiea \vounded. Vast quantities of provision were left Hetnnd, and de stroyed; also an immense quantity of bomb shells, cannon- bail, grape shot, ammunition, flints, *cc, &,c. intrenching tools of all sorts, also tents and marquees. A great deal has been found concealed in the ponds and creeks, and bu ried in the ground, ami a vast quantity carried oft* by the inhabitants. Such was the precipitance of his retreat, that he arrived at Chazy, a distance of eight miles beiore we discovered that he had gone. YV*? have buried the British officers of the army and navy, with the honors of war, and shewn every attention and kind ness to those who have fallen into our hands. The con duct of the officers, non-commissioned officers and soldiers of mv command, during this trying occasion cannot be re presented in too high terms. I have the honor to be, <ke. ALEXANDER MACOiMB, AMERICAN LOSS. Killed 37 wounded 62 missing 20. BkilTJSH LOSS. Killed 368 wounded 494 prisoners 252 deserted 780, HISTORY OF THE \VAH- Burning of Petipauge. Between 10 and 11 o clock, P. M. of April 7th, 1814, six British boats were discovered coming- into Connecticut river ; by 12, a large force of the enemy had taken possession of an old fort at Saybrook Point, where, finding nothing", the fort having been decay ed for several y* ars, re-entered their boats, and proceeded iV P tipauge Point, 6 m^les higher up the river, where they arrived about 4 o c ock. The vessels in the harbor being on tire, first gave notice that the enemy was near. There was not time after the alarm, to get the women and children off, before the em my had lande< , and began burning the vess is on the slocks; they immediately com- inenced searching the houses and stores, tor arms and am munition, taking all they could find, and destroying furni ture to a considerable amount ; liquors of ail kinds, when found, at t-r satisfying themselves, wt re destroyed by stav ing t-/e casks. There wa^ no opposition to their plunder, all hough they remained on shore till 10 o clock, when they called i their men, a.d proceeded dow<i the river about a mile, with a brig, a schooner, and 2 sioops, where they anchored and lay ti \ dark, when they set fire to their prizes, and proceeded down to ibeir vessels. A I tack on Stoninyton. The British fleet off New-Lon don having been reinforced on the 9th August, 1814, a part of it, to wit, o e 74, two frigates, a sloop of war, and a brig, appeared oti Stouii.gton, when sir 7 homas Hardy senl a flag on shore for the information of the women and ch~ Id-rent 9 that if the town was not surrendered in one hour, the who.e should 1-e laid in ashes. The inhabitants in formed sir Hiomas, <hal Ston nytwt, was not Petipauye, and prepared their cannon, 2 long eighttens s, and one 6 pounder for defending themselves. The attack began at 9, at night, and continued till 1 in the morning, with round shot, bombs, and rockets. The militia, 30 in number, re turned the lire with great vigor and effect. The attack was renewed next morning, and as warmly resented their brig*, which lay nearest shore, was almost cut to pieces, and one barge, full of men, was sunk, when the enemy withdrew. Our loss was 4 wounded, 2 houses fired, and 2 horses killed. On the llth the\ again attacked the s lace, before which, the humane pir Thomas sent in another de* HISTORY OF THE WAR. 277 tnand for its surrender, accompanied with a threat that if it was not complied with, he would lay the town in ashes, ors- srijice /i- s whole force, consisting of 13 sli.ps oj war. Our little band of Heroes pa d little attention to his threat, but went steadily to work at their cannon, and mauled : he en- emy so, that he was ooiiged to abandon the expedition. Gen. Smith to the Secretary of War. Baltimore, Sept. 19, 1815. [Extract.] SIR I have the honor of stati g hat the enemv landed between 7 and 8000 men on the 12ch m*t. at ]\orth Point, 14 miles distant from this city. A >licipa- ting this debarkation, Gen. Striker had been detached on Sunday evening 1 with a portion of his brigade, to check any attempt the enemy might make in that quarter to laud ; the General took a position on Monday, at the junction of the two roads leading from this place to the Point, having his right flanked on Bear Creek, and his left by a nr<<r*h. Here he waited the approach of the enem\, after hav.ug- sent on an advance corps. Between two and three o clock the enemy s whole force came up, and commenced the battle by some discharges of rockets, which were succeed ed by the cannon from both sides, when the action became general. Gen. Strieker gallantly maintained his ground against this great superiority of numbers, one hour a;;d 20 minutes, when his left gave way and he was obliged to re tire to the ground in his rear. He there formed his brig*. ade, but the enemy not thinking it advisable to pursue, re fell back, according to previous arrangements, a;sd formed on the left of my entrenchments. I tee! a pride in the be lief, that the stand made on Monday, in no small degree, tended to check the temerity *of a foe, daring to invade a country like ours. Major General Ross the commander in chief of the British forces, was killed in this action. About the time Geii. Strieker joined my left, he vv s joined by Gen. Winder, (who had been stationed on the west side of the city,) with Gen. Douglass brigade of Virginia mili tia, and the V. S. dragoons, who took post on the left of Gen. Strieker. Meanwhile, Gens. Stansbnry and For- man, the seamen and marines under C<>ni. Rodgers, the Pennsylvania volunteers under Cols. Cobean and Findiey, the Baltimore artillery under Col, Harris, and the marine 278 HISTORY OP THE WAH. artillery under Capt. Stiles, manned the trenches and bat- tenes all prepared to meet the enemy. On Tuesday the enemy appeared in front of my en- trenchoieiits, at the distance of two miles, on the Phila delphia road, and attempted by a circuitous rout, to march against our left, and enter the city; Generals Winder and S r cker were ordered to adapt their movements so as to defeat their intentions, which completely succeeded. This movement induced the enemy to concentrate his forces by one or two o clock, in my trout, pushing his advance to within a mile of our videttes, and shewing an intention of attacking us that evening 1 . 1 drew Generals Winder and Strieker nearer to the leit of my entrenchments, and to the right 01 the enemy, with the intention ot falling on his re.ir, should he attack me ; or, if he declined it, of attacking him in the morning. T*> this movement, ant) m\ defences, vlrdi the eeiiiy had the fa.rest opportunity ofobservir.gr, I attribute in* v^-treat, which was commenced at 1 o clock the next moraing", in which he was so favored, by the ex treme darkness and continued rain, that we did noi discov er it until day light. A considerable detachment was sent in pursuit, but the troops being so worn down by fatigue, that they con Id do nothing more than pick up a few strag glers; they completed their embarkation the ne\t day at 1 o clock. I have now the pleasure of calling your attention to the brave commander of fort Mdlenry, Major Ai mislead, and to the operations r>. that quarter. Maj. Armistead had under h s command one company of LL-S. artillery, two do. se;i fencibles, three do. of Balti more artillery, a detachment from Com. Barney s flotilla, and about (500 mihlia, in all about 1000 men. On the 12th, 16 ships, including o bomb ships, anchored about two miles from the tort. The next morning at sun rise, the enemy commenced the attack, from his bomb ves sels, at the distance of two miles, which was out of our reach. At 2 o clock one ol our guns was dismounted, which occasioned considerable bustle in the fort, killing one and wounding several, which induced the enemy to draw his ships within a g o<l striking distance, when the Major opened a well directed fire upon them for hall an fconr, which caused thorn to haul oft to their old position. HISTORY OF THE WAR. when our brave little band gave three cbeers, and again ceased tiring. Availing ihemselves of the darkness ot^the nio-ht, they had pushed a considerable force ab^ve the fort, and formed in a half circle, when they commenced firing again, which was returned wi*h spirit, for more than two hours, when the enemy were again obliged to haul off. During the bombardment, wh ch fasted Id hours, on the part ot the enemy, from 15 to 1800 shells were thrown by them ; 400 of which fell in the Fort, threatening destruction to all within, but wonderful as it may appear, only 4 of our men were killed, and 24 wounded. I have the honor to be, See. S. SMITH. AMERICAN LOSS. Killed 24 wounded 90 missing 47. BRUISH LOSS. Killed 97 wounded 1(55 prisoners 136. Gen. Jackson to the Secretary of War. Mobile, September 17, 1814, [Extract.] SIR With lively emotions of satisfaction, f communicate that success has crowned the gallant efforts of oiir brave soldi* rs, in resisting and repulsrng a combin ed British naval and land force, uh;ch on the 15th iust. at tacked fort Bowyer, on the point ot Mobile, The ship which was destroyed, was the Hermes, of from; 24 to 28 guns, Captain the hon. William H. Percy, senior officer in the Gulf of Mexico ; and the brig so considera bly damaged is the Sophie, 18 guns. The other ship was the Carroll, of from 21 to 28 guns; the other brig s name unknown. On board the Carron 85 men were killed and wounded , among whom was Col. Nicoll, of the royal marines, who lost an eye by a splinter. The land force consisted of 110 marines, and 200 Creek Indians, under the command of Capt. Woodbine, of the marines, and about 20 artille rists, with one four and a half inch howitzer, from which they discharged shells and nine pound shot. They re- em barked the piece, and retreated by land towards Pensaco- la, whence they came. -By the morning report-of the 16th, there were present in the fort, fii for duty, officers and men, 158. I have the honor, fcr. ANRRFW 260 HISTORY OF THE WAR, Gen. Brown to the Secretary of War. Fort Erie, Sept. 29, 1814. [Extract] SIR In my letter of the 18th inst. 1 briefly informed you of the fortunate issue of the sortie which took place the day preceding. The enemy s c, nip I had ascertained to be situated in a iield surrounded by woods nearly two miles distant from their batteries arid entrenchments, the object ctf which was to keep the parts of the force which was not upon duty, out of the range of our fire from fort Erie and Blck Rock. Their infantry was formed into three brigades, estimated at 12 o^ 15 hundred men each. One of these brigades, ? wilh a detail from their artillery, was stationed at their works, (these being about 500 yards distant from old fort- Erie, and the right of our line.) We had already suffered much from the fire of two of their batteries, and were aware that a third was about to open upon us. Under these cir cumstances, I resolved to storm the batteries, destroy the cannon, and roughly handle the brigade upon duty, before those iu reserve could be brought, into action. On the morning of the 17th, the mf:intr} and riflemen, regulars and militia, were ordered to be paraded and put in readiness to march precisely at 12 o clock. Gen. Por ter with the volunteers, Col. Gibson with the riflemen, and Major Brooks with the #jd and 1st infantry, aid a few dragoons acting as infantry, were ordered to move from the extreme left of our position upon the enemy s right, by a passage opened through the woods for the occasion. Gen. Miller wa* directed to station his command in the ravine which lies between fort Erie and the enemy s bat teries, by passing them by detachments through the skirts of the vvood and the 21st infantry under Gen. Ripley was posted as a corps 01 reserve between the new bastions of fort Erie ; all under cox er, and out of the view of the enemy. About "20 minutes before three, P, M, I found the left columns, u.iderthe command of Gen. Porter, which were destined to turn the enemy s right, within a few rods of the British entrenchments. They were ordered to advance and commence -he action. Passing down the ravine, I judged from the report of musketry, that the action had commenced on our ieit; 1 now hastened to Gen. Miller, and directed him to seize the moment and pierce the en- HISTORY OF THE WAR. 281 etny s entrenchments between butteries No. 2 and 3. My orders were promptly and ably executed. Within 30 minutes ufter the first gun was fired, butteries No. 2 and 3, the enemy s line of entrenchments, und his two block houses were in our possession. Soon after bait ry No. 1 was abandoned by the Br,t;-h. The guns in each were spiked by us, or otherwise destroyed, and the magaz ne of No. 3 was blown up. A few minutes before the explosion, I had ordered up the reserve under Gen. Ripley. As he passed me at the head of his column, I desired him, as he would be the senior in advance, to ascertain as near as possible, the situ ation of the troops in general, and to have a care that not more was hazarded than the occasion required; that the object of the sortie effected, the troops would retire in good order, &c. Gen* Ripley passed rapidly on soon after, I became alarmed for Gen. Miller, and sent an order for the 21st to hasten to his support towards battery No. 1, Col. Upham received the order, and advanced to the aid of Gen. Miller. Gen. Ripley had inclined to the left, where Major Brooks command was engaged, with a view of making some necessary enquiries of that officer, and in. the act of doing so v?as unfortunately wounded. By this t : me the object of the sortie was accomplished beyond my most sanguine expectations. Gen. Miller had consequent ly ordered the troops on the right to fall back observing this movement, I sent my staff along the line to call in the other corps. Within a few minutes they retired from the ravine, and from thence to camp. Thus 1000 regulars, and an equal portion of militia, in one hour of close action, blasted the hopes of the enemy, destroyed the fruits of oO days labor, and diminished his effective force lOOOnitn at least. Lieut. Gen. Drummond broke up his camp during the night of the 21st, and retired to his entrenchments hehind the Cluppewa. A party of our men came up with the rear of his army at Frenchman s cveek; the enemy de stroyed part of their stores by setting tire to the buildings from which they were employed in conveying them. We found in and about their camp a considerable quantity of cannon ball, and upwards of 100 stand of arms, 36 382 HISTORY OF THE WAK. I send you enclosed herein a return of our loss. The return of prisoners enclosed does not include the stragglers that came in after the action. I have the honor to be, &c. JACOB BRQWN. AMERICAN LOSS. Killed 79 wounded 214 missing 218. BRITISH LOSS. Killed 271 wounded 311 prisoners 385. BLAKE LEY s SECJND VICTORY. Capt. BUikeley to the SecrHary oj the i\avy. U S. S. Wasp, at sea, Se ;l. 11, 1814. [Extract.] SIR I have the honor of informing you of the destruction of H. B. M. brig Avon, of 18 guns by this ship on the 1st inst. At 6, 30 mi lUtes P. M. discovered 4 sail ; two on ourslaruoard, and tuoon our larboard bow; haul* d up for one on our starboard bow, being farthest to wit.dward. At 7, the brig made signals, with flags, lan terns, rockets, and guns. At 9 29, the chase being under our lee bow, commenced the action, by firing a 12 Ib. car- ronade t him. which he ivtumed, when we run under his lee bow, to prevent his escaping. At 10, believing the enemy to be silenced, ceased tiring, and hailed and asked if he had surrendered. No answer l/eing given, and he having recommenced firing, it was returned. At 10, 12, the enemy having suffered greatly, and having made no re turn to our two last broadsides, I hailed the second time, when he answered in the affirmative. The guns were then, ordered to be secured, and the boat lowered to take possession. In the act of lowering the boat, a second brig was discovered close under our stern, and standing for us. Sent the crew to quarters, and prepared for anoiher action, and waited his coming up. At 10, 3(3, discovered two more sails astern, standing for us. Our braces having been cut away, we kept off the wind, until others couid be rove, with the expectation of drawing the second bngfrom his companions, but was disappointed : having contnued ap proaching us until within gun shot she suddenly hauled by the wind, fired a broadside, which done considerable dam-r age, and soon retraced her steps to join her consorts. Our prize, when \ve abandoned her, was firing guns of distress; HISTORY OF THE WAR. 283 the two last sails came to her assistance, in time to save her crew from sinking with the vessel, which went down soon afterwards. I have the honor to be, <Scc. J. BLAKELEY. AMERICAN LOSS. Killed 2 Wounded 1. BRITISH LOJ^S. Killed 12 Wounded 33. Gen. M Arthur to the Secretary of War. H. Q. Detroit*, Nov. 18,1814. [Extract.] SIR I have the honor to report to you the safe return of the mounted troops to this place. It was deemed expedient, from the ardour of the Ken tucky and Ohio volunteers and militia, that they should be actively employed in the enemy s territory, with a view to destroy their resources, and paralize any attempt they might make on this post during the winter. Accordingly 630 troops, and 70 Indians, were put in motion to destroy the valuable mills at the head of Lake Ontario, and Grand River. We proceeded over the river St. Ciair, down to the Scotch settlement, up Bear Creek, about 30 miles, and across to the Moravian towns, where we arrived the 30th ult. We were fortunate at this place in taking a British offi cer who was proceeding to Burlington with the informa tion of our approach, which enabled us to reach Delaware town undiscovered. The rangers were detached across the Thames, to pass in rear of the town, to guard the differ ent roads, whilst the troops were swimming their horses across. We were thus enabled to reach Oxford, 150 miles from Dttroitj before they heard of our approach. A few hours before our arrival at Buford, the enemy retreated to Malcolm s mills, on the road to Burlington, where they were reinforced, to the number of 500 militia, and about 100 Indians. A deep creek of difficult passage, except at a bridge immediately in front of their works, which had been partly destroyed, lay between us. Arrangements were made for a joint attack on their front and rear. The Ohio troops were thrown across, under cover of a thick wood, and the Kentucky troops were ordered to attack in 284 HISTORY OF rilB WAR, front. The enemy were entirely defeated and dispersed, with the loss of 1 Capt. and 17 privates killed, and 3 Capts. 5 subalterns, and 103 privates, taken prisoners. Oar loss was only one killed, and six wounded. The next day -we proceeded on and took several prisoners, 200 stands of arms, and destroyed five valuable mills, when we com^ jnenced our return march for this place, which we reached yesterday 1 have the honor to fae, &r. I). M ARTHUR. CHAPTER XIII. Gen. Jackson to Gov. Early. H Q, Tensavv, Nov, ^4tb, 1814. \lExtracl^\ SIR Last evening I returned from Pensa-^ cola to this place 1 reached that post on the evening- of the 6th On my approach, I sent Maj. Pierre with a flag to communicate the object of my visit to the Gov. of Pensa- cola. He approached tort St. George, with his flag dis played, and was fired on by the cannon from the tort he returned and made report thereof to me. I immediately went with the Adj. Gen. and the Maj, with a small escort, arid viewed the ton and found it defended by British and Spanish troops. I immediately determined to storm the town. On the morning of the 7th, I marched with the effective regulars of the 3d, 39th, and 44th infantry, part of Gen. Coffee s brigade, the Mississippi dragoons, and part of the West Tennessee regiment, and part of the Choctaws led by Maj. Blue, of the 39th, and Maj. Kennedy of the Mis sissippi territory. feeing encamped on the west of the town I calculated they would expect the assault from that quarter, and be prepared to rake me from the fort, and the British armed vessels, seven in number, that ay in the bay. To cherish this idea I sent out part of the mounted men to show themselves on the west, whilst I passed in rear of the fort undiscovered to the east of the town. When I appear ed within a m:le, J was in full view. My pride was nev ermore heightened than viewing the uniform firmness ef HISTORY OF THE WAR, my troops, and with what undaunted courage they advanc ed, with a strong fort ready to assail them on the right, 7 British armed vessels on the left, and strong blockhouses and batteries of cannon in their front, but they still advanc ed with unshaken firmness, entered the town, when a batte ry of two cannon was opened upon the centre column com posed of the regulars, viith ball and grape, and a shower ot musketrv from the houses and gardens. The battery was immediately stormed b\ Capt. Levall and company, and carried, and the musketry was soon silenced by the steady and well d.recte<i tire of the regulars. The Gov. met Cols. Williamson a>id Smith, who led the dismounted volunteers, with a flag, begged lor mercy, and surrendered the town and fort unconditionally ; mercy was granted and protection given to the citizei.s and their prop erty. On the morning of the 8th, I prepared to march and storm the Barancas, but, before I could move, tremendous explosions told me that the Brirancas, with all Us appen dages, was blown up. I dispatched a detachment of tv\o hundred men to explore it, who returned in the nioh c with the information that it was blown up, all the combustible parts burnt, the cannon spiked and dismounted except two: this being the case, I determined to \\ithdraw my troops, but before I did I had the pleasure to see the British de part. The steady firmness of my troops has drawn a just res.- pect from our enemies It has convinced the Red Sticks that they have no strong hold or protection, only in the friendship of the United States. The good order and conduct of my troops whilst inPetisacola, has con vinced the Spaniards of our friendship, and prowess, and has drawn from the citizens an expression that our Cuoc- tawsare more civilized than the British. I have the honor to be, &c. ANDREW JACKSON. Gen. Jackson to the Secretary of IVar. ti. Q,. New-Orleans, Dec. 27, 1814. [Extractt] SIR I have the honor to inform you of the result ot the action on the 23d. The loss of our gun boats near tho pass of the Rigolets, have given the enemy com- 286 HISTORY OF THE WAK. mand of lake Borgne, he was enabled to choose his point of attack. It became therefore an object of importance to obstruct the numerous bayous and canals leading from that lake, to the highlands on the Mississippi. This important service was committed to Major Gen. Villere, commanding the district between the river and the takes, and w^o, being a native of the country, was presumed to be be 4 acqiui ,ted \vitli all those passes. Unfortunately, however, a picquet which the Gen. had established at the mouth of the bayou Bienvenu, and which notwithstanding my orders had been left unobstructed, was completely surprised, and the enemy penetrated through a canal leading to his farm, about two leagues below the city, and succeeded in cutting oil a com pany of militia stationed there. This intelligence was communicated to me about 12 o clock on the 22d. My force at this time did not exceed in all 1500. 1 arrived near the enemy s encampment about seve;i, and imme diately made my dispositions for the att-ick. His iorces amounting at that time on laud to about 3000, extended half a mile on the river, and in the rear nearn tot;e wood, Gew. Coffee was ordered to turn their right, while with tha residue of the force 1 attacked his strongest position on the ieft near the river. Coil). Patterson having dropped down the river in the schooner Caroline, was directed to ope<i a tire upon their camp, which he executed at about halt after seven. This being the signal of attack, Gen. Coffee s men with their usual impetuosity, rushed on the enemy s right and enter ed their camp, while our right advanced with equal ardor. A thick fog arose about 8 o clock occasioning some con fusion among the different corps. Fearing tbe conse quences, under this circumstance, of the prosecution of a night attack with troops then acting together for the first time, I contested myself with lying on the field that night; and at four in the morning assumed a stronger position about two miles nearer the city. In this affair the whole corps under iny command de serve the greatest credit. The best compliment 1 can pay to Gen. Coffee and his brigade, is to say, they behaved as they have always tione while under my command. The two tield pieces were well served by the officer commaiKl- i them. HISTORY OF THE WAR. We have made 1 major, 2 subalterns, and sixty-three privates prisoners. 1 have the honor to be, Sec. ANDREW JACKSON. AMERICAN LOSS. Killed and Wounded 100. BRITISH LOS- . Killed and Wounded 344 Prisoners 66. Gen. Jackson to the Secretary of War. H. Q. New-Orleans, Jan. 13,1815. [Extract,] SIR At such a crisis I conceive it my duty to keep you constantly advised of m\ situation. Early on the morning- of the 8th, the enemy having been actively employed the two preceding days in making pre parations ior a storm, advanced in two strong columns on my right and left. They were received however, with a firmness, which seems, they little expected, and which de feated all their hopes. Mv men undisturbed by their ap proach, which indeed they long anxiously wished for, op ened upon them afire so deliberate and certain, as render ed their scaling ladders and fascines, as well as their more direct implements of warfare, perfectly useless. For up wards of an hour it was continued with a briskness of which, there have been but tew instances, perhaps, in any country, In justice to the enemy it must be said, they withstood it as long as could have been expected from the most determin ed bravery. At length however when all prospect of suc cess became hopeless, they fled in confusion from the field leaving it covered with their dead and wounded. My loss .was inconsiderable ; being only seven* killed and six wounded. Such a disproportion in loss, when we consider the num ber and the kind of troops engaged, must, 1 know, excite astonishment, and may not, every where, be fully credited : yet 1 am perfectly satisfied that the account is not exagge rated Oil the one part, nor underrated on the other. Whether after the severe losses he has sustained, he is preparing to return to his shipping, or to make still migli- * This nay in the action on the line afterward* a tfcirtnisking tvns fay? vp in which a/ew mor? o/ our men wrf fo*f 288 HISTORY OF THE WAK. tier efforts to attain his first object, I do not pretend to de termine. I: becomes me to act as though the latter was his intention. One thing, however, seems certain, that if he still calculates on effecting what he has hitherto been c5 unable to accomplish he must expect considerable rein forcements, as the force with which he landed, must un doubtedly be diminished at least 8000. Besides the loss which he sustained on the night of the 23d ultimo, which is estimated at 400, he cannot have suffered less between thnt period and the morning of the 8th itist. than 300 ; having within that time, been repulsed in two general at- temps to drive us from our position, and there having been continual cannonading and skirmishing, during the whole of it. Yet he is still able to show a very formid -ble force. The commanding General sirE Iward Packenham was killed in the action of the 8th, and Major Generals Kean and Gibbs were mortally wounded. I have the honor to be, &c, ANDREW JACKSON. AMERICAN LOSS. Killed seven wounded six. BRITISH LOSS. Killed 700 wounded 1400 prisoners 562. Lieut. Shields to Com. Patterson. JNew-Orleans, Jan. 25th, 18?.5. [Extract.] SIR I have the honor of reporting the re sult of the expedition ordered by you on the 17th inst. The 19th, at night, I left the Pass Cheuf Menteur, having made the necessary observations on the enemy before dark, with 5 boats and your jjig, manned with 50 men. At 10 P. M. captured a boat by surprise, manned with 55 men. The number of prisoners exceeding my men, I thought it most prudent to land them, to prevent weakening my force, which was accordingly done, and the prisoners were put into the charge of the army at the Pass. The 2 1st, at day light, I again fell into the track of the fleet. Finding it impossible to make any captures, without being discover- ed, I determined to run down among them, and strike at every opportunity hoisted English colors, and took u transport boat with 5 men ; ordered her to follow, and stood for a transport schooner, with 10 men, which I board- HISTORY OF THE WAR. 289- t(\ with 8 men, and took without opposition. From 9, to 12 o clock, we were in the midst of their boats, and suc ceeded in taking 5 more, with about 70 men. The ene my s loss on this occasion was 140 prisoners, 7 boats and 1 transport schooner. 1 have the honor to be, Vc. THO. SHIELDS. Sailing master Johnson to Com. Patterson. New-Orleans, January 7, 1815. [Extract.] SIR I h ive the pleasure of informing- you of my succeeding in destroying a transport brig in lake Borgne, yesterday, at 4 A. M. On the 5th inst. I pro ceeded down to the east mouth of the Pass, to ascertain the enemy s position ; finding at anchor there one brig, three gun boats, three schooners, and several barges, the brig lying a m;le distant from the others, I returned, and deter mined to make an attempt to destroy her. My crew -ow amounted to 38 men ; with th.s force I was confident 1 should be able to destroy her, although I had been previ ously informed she mounted 4 pieces of cannon, and equipped accordingly. On the 6th at 4 A. M. we boarded the brig, her crew consisting of a Captain, a sailing master, and 8 marines, making no resistance. It being nearly day-light, I ordered the prisoners into my boat, and set fire to the brig, which proved to be the Cyrus, loaded with rum, bread, and soldiers clothing. I have the honor to be, &c. WILLIAM JOHNSON. ADDRESS, Directed by Major General Jackson to be read at the head of each of the corps composing the line below A eit;- Orleans, January 21, 1815. Citizens and fellow soldiers ! The enemy has retreated, and your General has now leisure to proclaim to the world what he has noticed with admiration and pride your un daunted courage, your patriotism and patience, under hardships and fatigues. Natives of different States, acting together for the first time in this camp; differing in habits and in language, instead of viewing in these circumstan- the germ of distrust and division, you have made them 37 290 HISTORY OF THE WAR. the source of an honorable emulation, and from the seed?* of discord itself have reaped the fruits of an honorable union. This day completes the fourth week since fifteen hundred of you attacked treble your number of men, who had boasted of their discipline, and their services, u ,der a celebrated leader, in a long 1 and eventful war attacked them in their camp, the moment they had profaned the soil of freedom with their hostile tread, and inflicted a blow which was a prelude to the final result of their attempt to conquer, or their poor contrivances to divide us. A few hours was sufficient to unite the gallant baud, though at the moment they received the welcome order to march, tbey were separated many leagues, in different directions from thecih. The gay rapidity of the march, arid the cheer ful countenances of the officers and men, would have in duced a belief that some festive entertainment, not the- strife of battle,, was the scene to which they hastened with so much eagerness and hilarity. In the conflict that ensued* the same spirit was supported, and my communications to the executive of the U. States have testified the sense I en tertained of the merits of the corps and officers that were engaged. Resting on the field of battle, they retired in perfect order on the next morning to these lines, destined to become the scene of future victories, which they were to share with th<> rest of you, my brave companions in arms. Scarcely were, your lines in a protection against musket shot, when on the 23d a disposition was made to attack them with ali the pomp and purade of military tactics, as improved by those veterans of the Spanish war. Their batteries of heav\ cannon kept up an incessant fire; their rockets illuminated the air; and under their cover two strong columns threatened our flanks. The foe insolently thought that this spectacle was too imposing to be resisted, and i;i the intoxication of his pride he already saw our lines abandoned without a contest how were those menacing appearances met? By shouts of defiance, by a manly countenance, not to be shaken by the roar of his cannon, or by the glare of his fire- work rockets; by an artillery served with superior skill, and with deadly effect. Never, my brave fnends, can your General forget the testimonials of attachment to our glorious cause, of indignant hatred to our foe, of efieclioii- HISTORY OF THE WAR. 291 ate confidence in your chief, that resounded from every rank, as he passed along your line. This animating scene damped the courage of the enemy ; lie dropped his scaling- ladders and fascines, and the threatened attack dwindled into a demonstration, which served only to shew the empti ness of his parade, and to inspire you with a just confidence in yourselves. The new year was ushered in with the most tremendous fire his whole artillery could produce a few hours only, however, were necessary for the brave and skilful men \vho directed our own to dismount his cannon, destroy his bat teries, and effectually silence his lire. Hitherto, my brave friends, in the contest on our lines, your courage had been passive only; you stood with calmness, afire that would have tried the firmness of a veteran, and you anticipated a hearer contest with an eagerness which was soon to be gratified. On the 8th of January the final effort was made. At the dawn of day the batteries opened and the columns advanc ed. Knowing that the volunteers from Tennesse and the militia from Kentucky were stationed on your left, it was there they directed their chief attack. Reasoning always from false principles, they expected little opposition from men, whose officers even were not in uniform, who were ignorant of the rules of dress, and who had never been caned into discipline i atal mistake ! a fire incessantly kept up, directed with calmness and unerring aim, strewed the field with the bravest officers and men of the column which slowly advanced, according to the most approved rules of European tactics, and was cut down by the untutored courage of American militia. Unable to sustain this galling and unceasing fire, some hundreds near est the entrenchment called for quarter, which was granted the rest retreating, were rallied at some distance, but on ly to make them a surer mark for the grape and cannister shot of our artillery, which, without exaggeration, mowed down whole ranks at every discharge : and at length they precipitately retired from the field. Our right had only a short contest to sustain with a few rash men, who, fatally for themselves, forced their entrance into the unfinished redoubt on the river. They were quickly dispossessed, and this glorious day terminated with HISTORY OF THE WAR, a loss to the enemy of their commander in chief and one Major-General killed, another Major- eneral wounded, the most experienced and bravest of their officers, and more than three thousand men killed, wounded and missing", while our ranks, my friends, were thinned only by the loss of six of our brave companions killed, and seven disabled by wounds wonderful interposition of Heaven ! unexam pled event in the history of war! Let us be grateful to the God of battles who has direct ed the arrows of indignation against our invaders, while he covered with his protecting shield the brave defenders of their coqntry. Alter this unsuccessful and d sastrous attempt, their spirits were broken, their force was destroyed, and their whole attention was employed in providing the means of escape. This they have effected ; leaving their heavy ar tillery in our power, and many of their wounded to our clemency. The consequences of this short, but decisive campaign, are incalculably important. The pride of our arrogant enemy humbled, his forces broken, his leaders killed, his insolent hopes of our disunion frustrated his expectation of noting in our spoils and wasting our country changed into ignominious defeat, shameful flight, and a re luctant .acknowledgment of the humanity and kindness, oi those whom he had (loomed to all the horrors and hiiin illa tion of a conquered state. O:i the other side, unanimity established, disaffection crushed, confidence restored, your country saved from con quest, your property from pillage, your wives and daughr ters trom insull and violation* the union preserved from dismemberment, and perhaps a period put by this deceive shvke io a bloody and savage war. These, my brave fneitds, are the consequences of the efforts you have made, and the success with which they have been crowned by Heaven. These important results have been effected by the united courage and perseverance oi" the army ; but which the dif ferent cor s as well as the individuals that compose it, vi ed with each oilier in their exertions to produce. The gratitude, the admiration of their country, offers a fairer re- * Previous to the attack Gen Packenham gave out for natchrvord, Beauty aad Booty/ and promised ihree days not and plunder. HISTORY OF THE WAR. 293 ward than that which any praises of the Gen. can bestow, and the best is that of which they can never be deprived, the consciousness ot having done their duty, and of merit ing- the applause they will receive. Com. Dccatur to the Secretary of the Navy. H. B. M. ship Endymion, at sea, Jan. 18, 1815, SIR The painful duty of detailing to you the particu lar causes which preceded and led to the capture of the late U. S. frigate President by a squadron of his Britannic majesty s ships* has devolved upon me. In my communi cation of the 14th, I made known my intention of proceed ing* to sea on that evening. Owi g to some mistake of the pilots, the ship in go;ng out grounded on the bar, where she continued to strike heavily for an hour and a half; al though she had broken several of her rudder braces, and had received such other material injury as to render her return into port desirable, I was unable to do so from the strong westerly wind which was then blowing. We shap ed our course along the shore of Long-Island aad for 50 miles, and then steered S. E. by E. At five o clock, three ships were discovered ahead; we immediately hauled up the ship and passed two miles to the northward of them. At day light, we discovered four ships in chase, one on each quarter, and two astern, the leading shi>> of the ene my a razee she commenced a fire upon us but without effect. At meridian the wind became light and ban4mg ; \ve had increased our distance from the razee, but the next ship astern, which was also a large ship, had gained and continued to gain upo-s us considerably; we immedi- atelyoccupied all hands to lighten ship. At 3, we had the wind quite light; the enemy who had now been joined by a brig, had a strong breeze, and were coming up with us rapidly. The E idvmion^mountmg 50 guns, 24 pounders on the main deck) had now approached us within gun shot and had commenced a tire with her bow guns, which we returned from our stern. At 5 o clock, she had obtained a position on our starboard quarter, within half point blank shot, on which neither our stern nor quarter guns would bear; I remained with her in tins position for half an .* Majestic razee, Endymion) Pomonr, Tcnedos. Dispatch (brig.) 294 HISTORY OF THE WAR. hour, in the hope that she would close with us on our bn-adside, in which case I prepared my crew to board, but from his continuing to yaw his ship to maintain his position, it became evident that to close was not his intention. Eve ry fire now cut some of our sails or rigging". To have co tinned our course under these circumstances, would have been placing 1 it in his power to cripple us, without be ing subject to injury himself, and to have hauled up more to the northward to bring our stern guns to bear, would have exposed us to his raking fire. .It was now dusk when I determined to alter my course south, for the purpose oi bringing the enemy abeam, and although their ships astern were drawing up fast, I felt sat isfied I should be enabled to throw him out of the combat before they could come up, and was not without hopes, if the night proved dark (of which there was every appear ance J that I might still be enabled to effect my escape. Our opponent kept off at the same instant we did, and fire commenced at the same time. We continued engaged, steering south with steering sails set two hours and a half, when we completely succeeded in dismantling her. Pre viously to her dropping entirely out of the action, there .were intervals of minutes, when the ships were broadside and broadside, and in which she did not fire a gun. At this period, half past 8 o clock, although dark, the other ships ot thesquaclroii were in sight, and almost within gnu shot. We were of course compelled to abandon her. In resuming our former course for the purpose of avoiding the squadron, we were compelled to present our stern to our antagonist but such was his state, though we were thus exposed and within range ot his guns for half an hour, that he did not avail himself of this favorable opportunity of raking us. We continued tins coarse until i 1 o clnck, when two fresh ships of the enemy (the Pornone and Tene- dos) had come up. Tbe Pomoue had opened her fire on thelarboard bow, within musket shot ; the ether a font two cables length astern, taking a raking position on our quar ter; and the rest (with the exception of the Elifiytnion) within gun .shot. Thus situated, with about one fifth of my crew killed and wounded, my ship crippled, and a more than four-fold force opp.sed to me, without a chance of f scane left, I deepied it my duty to surrender. HISTORY OF THE WAR. 295r It is with emotions of pride, I bear testimony to the gal lantry and steadiness of every officer and man I had the honor to command on this occasion, and I feel satisfied iliat the fact of their having* beaten a force equal to them selves, in the presence, and almost under the guns of vastly a superior force, when, too, it was almost self evident, that whatever their exertions might be, they must ultimately be captured, will be taken as evidence of what they would have performed, had the force opposed to them been in any degree equal. For 24 hours after the action it was nearly calm, and the squadron were occupied in repairing the crippled ships. Such of the crew of the President as were not badly wound ed, were put on board the different ships; myself and a part of my crew were put on board this ship. On the 17th we had a gale from the eastward, when this ship lost her bowsprit, fore and main-masts, and mizen top-mast, all of which were badly wounded, and was, in consequence of her disabled condition, obliged to throw overboard all hey upper deck guns. I have the honor to be, &c. STEPHEN DECATUR, AMERICAN LOSS. Killed 24 woundeii 55. BRITISH LOSS. Killed 15 wounded 28. BOYLE S VICTORY. Capt. Boyle to Mr. Georye P. titephcnson. Privateer Chasseur, at sea, March 2, 1815. [Extract.] SIR I have the honor to inform you, that on the 26th of February being about six leagues to wind ward of Havanna, and two leagues from the land at 11, A. M. discovered a schooner bearing N E. of us, appar ently running before the wind ; made every possible sail in chase. At half past meridian I fired a gun and hoisted the American flag, to ascertain, if possible, the nation which she belonged to, but she shewed no colors. At ] P. M. drawing up with him very fast, she fired a stern chase gun at us, and hoisted English colors, shewing at tin- time only three ports in the side next to ns. 296 HISTORY OF THE WAR. Under the impression that she was a running vessel bound to Havanna, weakly armed and manned, I tried every effort to close with him as quick as possible. Saw very few men on his deck, and hastily made small prepar ation for action, though my officers, myself and men did not expect any fighting 1 , of course we were not completely prepared forac;iou. At 1, 2(>, we were within pistol shot of him when he opened a tier of ten ports on a side, and gave his broadside of round, grape and musket balls. I then opeaed the Chasseur s fire from the great guns and musketry, and endeavored to close with him for the pur pose o boarding; we having quick way at this time, siiot ahead of him under his lee ; he put his helm up for the pur pose of wearing across our s .ern and to givv us a raking fi.-e, which 1 prevented by tamely ttking 1 notice of his in- te:t;.o;>, and putting our helm hard up also. He shot quick ahead, and I closed vviihln ten yards of him; at this time both fires were heavy, severe, and destructive. 1 now found his men had been concealed under his bulwark, and tiiat I had a heavy enemy to contend with, and at I, 40, gave the order for boarding, which my brave officers and men cheer fully obeyed with unexampled quickness, instantly put the helm to starboard to lay him on board, and in the act of boarding her, she surrendered. She proved to he H. B< majesty s schooner St. Lawrence, commanded by Lieut. James E. Gordon, of 15 guns, 14 twelve pound carronades upon an improved construction, and a long nine; 75 men, and had on board a number of soldiers, marines, and some gentlemen of the navy passengers; having by report 15 killed and 23 wounded. I had 5 men killed and 8 wound ed, imseif amongst the latter, though very shghtiy. Thus ended the action in 15 minutes alter its commencement, and about 8 minutes close quarters, with a force equal in every respect to our own. The Chasseur mounts six 12 pounders, and eight short 9 poum> carronades, (the latter taken from one of her prizes) ten of our 12 pound carronades having been thrown over- hoard while hard chased by the Barrosa frigate. Yours with respect, THOMAS BOYLE, HISTORY OF THE WAR. 29? Col. Scott to Governor Early. Great Satili river, February 28, 1815. [Extract] Sill i have the pleasure to inform you of a brilliant affair having taken place on the 24th inst. on the river St. Mary s, between a part of my detachment, 20 men, commanded by Capt. William Stickler, aided by ,uH>iu o() of the Patriots of Florida, under Col. Dill, and <> or the enemy s barges, containing al.)out 2-30 men, which had attempted tn proceed up the river to burn Mr. A. Clark s mills. The enemy were first attacked by the Pat riots from the Florida shore, near Camp Pmckney, when ihe barges immediately tacked about to retreat, but our men beina, in ambush on this shore gave them a second re- O t^ vcptio-i, and thus the fire was kept up from both shores un til they got into a greater ex^>nt of river than our nikmea could reach. Ti/j enemy lost I (JO killed and wounded. \Ve had one man severely wounded through the body, and several received bulb through their clothes, but no further injury. WILLIAM SCOTT. Settling master John Hurllmrd to Com. Campbell. Gun Boat, No. 168, Cumberland Sound, March 18, 1815. [Extract.] SIR - Proceeding with the despatch which you did me the honor to entrust to my care, I sailed from TV bee bar, at 1, P. M. on ihe IGth lust, wind N. E. steer ing south ; at half past 3 descried a sail in the S. E. quar ter, which we soon found to be a ship standing N. N. W. About 40 minutes after she fired a gun and hoisted herco- :ors, the shot passing over our fore gaff; our colors were noisted, continued our course for a few minutes, when another gun was fired ; the shot passed abaft the main, rigging over the lee quarter. Heaving his vessel too on the starboard tack, hailed me by saying, you damn d ras cal, if you do i t lower your boat down and come on board immediately, I ll fire into you, I ll sink you, God damn you.* Seeing me in the act of taking in the squaie sail, * why don t you heave too, God damn you, I ii sink you; I ll tire a broadside into you. As soon as I could be heard I said, this is a U. States vessel, from Savannah, with ties- patches for Admiral Cuckburn. In the act of pronounc* ,n-.r the last words, a musket was tired at me, the bail pass- HISTORY OF THE WAR. ing near my shoulders, over the hand of the man at the helm, striking the water from 20 to 30 feet from the vessel. Putting the helm down, I again informed him of the char acter of the vessel, saying if yon wish for further satisfaction you are at liberty to send y our boat on board ; he said, * 1 don t care a damn for the despatches, nor Admiral Cockburn either; God damn them and the United States too ; I ll fire a broadside into you and sink you, if you doa t lower your boat down and come on board, you rascal. Put about and run close under the ship s l-e, saying, this is the U. States gun vessel No. 168, with despatches for the Admira off St. Mary s ; if you doubt her being what she appears to be, you can send your boat OH board. Turning to me, he says,, 4 God damn you, come on board or I ll sink you- 1 II fire thunder into you. I replied, Mt you do, 1 shall re turn your compliments with lightning. At this time 1 re ceive*?, it ossible, a greater flood ot vulgar abuse than before. I hove about, stood to windward of him, heaving t"0<,j. h;s sturbonrd quarter, w th the larboard tacks on board ; when a Lieutenant came alongside, and ordered me n,to the boat, saying, * if sou do not go on board, every one of you will be taken out and earned to Charleston/ Go on board and teil your commander that I shall not low er my boat, nor shall an officer or man leave the vessel but by Iorce, showing him the paper tor Admiral Cockburn. If you don t go on board, you ll be sunk as soon as I go on board ; ! advise you to go I want no advice, (said I) I have the orders of my government by which I am gorern- ed ; tell your commander that such trifling shall not pass wiih impumtv. On the boat leaving us, the Captain of the ship said, * won t the damned rascal come? then come alongside and let me sink him; I ll fire a broadside into him. On the boat s reaching the ship s side a gun was fired , the shot passing to leeward, through the mainsail, Qear the mast, cutting away one of the stays, going between the foremast and rigging ; while he gave full vent to his vulgar abuse. I now saw every one of our little crew anx iously waiting the order to fire into the apparent enemy ; but 1" considered that several lives would in all probability he iost, and the flag struck at last. Under these consider ations, I tired a gun across his bows, as the vessels were ly ing, sunk the signals, and hauled the colors down. A HISTORY OF THE WAR. 299 Lieutenant came on board, to whom I m;de a formal sur render of the vessel; he observed that he waso ; !y a Lent. Send an officer on board, (I replied; the oliicers and men are your prisoners. He ordered me on board the ship. On my arrival on board the ship, I was met by the Captain near the main mast, saying , * this is his majesty s ship Ere bus, Bartholomew, commander. This is my sword, I replied) that is the U. States gun vessel No. 168, which 1 surrender as your prize, myself, officers and crew as your prisoners. He sad again,* how dare you refuse to come on board his majesty s ship when ordered ? 4 I know not nor do I acknowledge any right you have to order me on board, or to interrupt me sailing along I he American const, I shai:, however, make a fair representation of this most, flagrant abuse of power on your part to my government. I very much regret that I have not the command of a vessel of 20 guns, which would save the trouble of demanding satisfaction at a future day, by taking it on the spot. He said, I only wish to warn you off the coast; will you see my orders from the Admiral to warn all vessels from the coast ? As I am governed by the orders of my own gov ernment,-! can have nothing to do with those of Admiral Cockburn. He said * I thought you aiight be from the Cape of Good Hope. * You could not believe any such thing, when you see she has no quarter, has not the ap pearance of having been at sea any length of time: her boats not stowed as if to remain long at sea ; nor could you suppose that were I from a long cruise, I should run past the port of Savannah, thereby exposing my vessel to any British cruizerthat might happen to be on the coast/ He then said, upon my honor, I believe it was an accident, but I am sure the last shot would not have been fired if you had not been trying to run away from me, * You could believe no such thing- ; you saw both jibs to windward, and the helm a-leev 5 He said,* upon my honor, I don t know whether it went off by accident or was fired; no orders were give.i to fire. After walking the quarter-deck for a lev/ minutes, returning, he said, will you see my orders to warn all vessels off the coast. As I have nothing to do with them I can have no wish to see them. If you think this \vill cause any dispute between the two governments, (said he) I will return with you to the Admiral and have it set- 300 HISTORY OF THE WAR. tied. 1 replied, I do not feel myself authorised in my present situation to receive any satisfaction yon may havu in your power to offer for such a wilful insult offered to the U. Slates. I was then ordered on board, and proceeded with the despatches. JOHN HURLBURJ) STEWART S VICTORY. Cttpt. b twvarl to the Seeretury if the Kavy. U. 8. frigate Constitution, May, 1815, SIR On the 20th of February last, the Island of Ma- Oeira bearing- about W. 8. VV. distant (>() leagues, we fell 1 i with his B. M s two ships of war, the Cyane and Levant, and brought them to action about o clock in the evening, both of which after a spirited engagement of 40 minutes, surrendered to the ship under mv command. Considering* the advantages derived by the enemy, from a divided and more active force, as also their superiority in the weight and number of guns, I deem the speedy ami decisive result of this action the strongest assurance which can be given to the government, that all did their duty, and gallantly supported the reputation of American seamen. Inclosed is a list of the killed and wounded ; also a state ment of the actual force al* the enemy, and the number kil led and wounded onboard their slip is as near as could be ascertained. 1 have the honor to be, &c. CHARLES bTEWART. .FORCE OF THE CONSTITUTION. 32 twenty four pounders. 20 Ih.rty-tvvo pounders. 52guns. Oiiictrs, men and boys 400. Fi/KCE OP THE CYANE. 22 thirty-two pounders iO eighteen do. 2 twelve do.- 2 brass swivels, 36 gu is. officers men and bos 180. FORCE OF THU US V ANT. 18 thirty-two pounders 2 nine do. twelve do. 2lgims.~* officers, men and bovs 15(5. AMERICAN LOSS. K lied 3 wounded 12. BiUTIati LOSS Killed 35 wounded 39 prisoners 301, HISTORY OF THE WAfc. 301 BIDDLEVS VICTORY. CapL twiddle to Commodore Dectttur. U.~ S. S. Hornet, off Tristan d ActiH/ta, March 26, 1815. SIR I iiave the honor to inform, that on the morning of the 23.1 inst. at halt past ten, when about to anchor, off the north end of the island of Tristan d Acunha, a sail was ?.e.Mi to the southward and eastward, steering to the west ward, the wind fresh from the 8. S. \V. Li.a few minutes she had passed on to the westward so that we could not see her for t lie land. J immediately made sail to the westward, and shortly after getting" sight of her again, perceived net- to be.tr up before the wind. I hove too for him to come down to us. When she had approached near, I filled the maintopsail, ami continued to yaw the ship, while she con tinued to come down ; wearing occasionally to prevent her passing under our stern. At 1 40 P. M. being nearly within musket shot distance, she hauled her wind on the starboard tack, hoisted English colors, and tired a gun. "We immediately luffed too. hoisted our ensign and gave the enemy a broadside. The action being thus commenc ed, a quick and well directed fire was ke r t up from this ship, the enemy gradually drifting nearer to us, when at 1 5-3 he bore u;>, apparently to run us on board. As soon as I perceived he would certainly fall on board, I called the boarders so as to be ready to repel any attempt to board us. At the instant every officer and man repair ed to the quarter deck, where ;he t\vo vessels were coining in contact and eagerly pressed me to permit them to board the enemy : but this I would not permit, as it was evident from the commencement of the action ti.at our tire was greatly superior both in quickness and in effect. The ene my s bowsprit came in between tfur main and mizen rig ging, on oas starboard side, affording him an opportunity to board us, if such was his design, but no attempt was made. There was a considerable swell on, and as the sea lifted us a head, the enemy s bowsprit carried away our rnizen shrouds,stem davits, and spanker boom, and he hung vinon our larboard quarter. At th.s moment an officer, who was afterwards recognized to be Mr. M Donold, the firsr Lieut, and the then commanding officer, called out that they had surrendered. 1 directed the marines and musketry-men to cease tiring, and, while on the taffrail isking if they had surrendered, I received a wound in the 302 HISTORY OF THE WAR. neck. The enemy just then got clear of us, and his fore mast and bowsprit being* both gone, ;\nd perceiving us wearing to give him a fresh broadside, he again called out that he had surrendered. It was with difficulty 1 could re strain my crew from firing into him again as he had cer tainly tired into us after having surrendered. From the firing of the first gun, to the lastmn< the enemy cried out he had surrendered, was exactly 22 minutes by the watch. She proved to be H. B. M brig Penguin, mounting six teen 32 ib carronades, two long I2 s, a twelve tb carron- ade on the top gallant forecastle, with swivels on the cap- stern and in ihe tops. SSie had a spare port forward, so as to fight both her long gu >s of a side. She sailed from E.iglaud in Sept. last. She is in all respects, a remarkably fine vessel of her class. The enemy acknowledge a com plement of 182 men ; 12 of them supernumerary marines from theMedway 74. Tuey acknowledge, a so, a loss of 14 killed, and 28 wounded ; but Mr. Mayo, who was in charge of the prize, assures me that the number of k lied Was certainly greater. Among the killed isC i,t. Deken- son, who fell at he close of the action, and the boatswain : among the wounded, is the second Lieut, purser, and two midshipmen. Each of the midshipmen lost a leg. H tv- ing removed the prisoners, and taken on board such provi sions and stores as would be useful to us, I scuttled the Penguin, this morning before day-light, and she went down. As sire was completely riddled by our shot, her foremast and bowsprit both goje, and her mainmast so crippled as to be incapable of being secured, it seemed (inadvisable, at this distance from home, to attempt sending her to the U. States. This ship did not receive a single round shot in her hull, nor any material wound in her spars ! the rigging and sails were very much cat; but having bent a new suit of sails and knotted and secured our rigging, we are now com pletely ready, m all respects for any service. We were eight men short of complement, and bad nine upon the sick list the morning of the action. Enclosed is a list of killed and wounded. J. BIDDLE, AMERICAN LOSS. Killed, 1. wounded, 1! BRITISH LOSS. Killed M Wounded, 28. APPENDIX. OFFICIAL CORRESPONDENCE, RELATIVE TO THE TREATY OF PEACE. WASHINGTON, Oct. 10, 1814. To the Senate and House of Representatives of t/te U. States. I lay before congress com mam cations just received from the Plenipotentiaries of the U. States, charged with nego- ciating peace with G.Britain; shewing the conditions on which alone that government is willing to put an end to the war. JAMES MADISON. The American Plenipotentiaries to the Secretary of state. GHENT, Aug. 12th, 1814. SIR We have the honor to inform you, that the Bri tish commissioners, lord Gambier, Henry Goulburn, Esq. and William Adams, Esq. arrived in this city on Saturday evening, the sixth inst. The day after their arrival, Mr. Baker, their Secretary, called upon us to give us notice of the fact, and to propose a meeting, at a certain hour, on the ensuing day. The place having been agreed upon, we accordingly met, at 1 o clock, on Monday, the eighth inst. We enclose, herewith, a copy of the full powers exhibit ed by the British commissioners, at that conference ; wh.ch was opened on their part by an expression of the sincere and earnest desire of their government, that the negocia- tioh might result in a solid peace, honorable to both par ties. They, at the same time declared, that no events which had occurred since the first proposal for this nego- cmtion, had altered the pacific disposition of their govern ment, or varied its views as to the terms upon which it: was willing to conclude the peace. "304 We answered, that we heard these declarations with great satisfaction, and that our government had accnedrd lo the proposal of negotiation, with the most sincere desire to put an end to l.lie differences which divided the- two coun tries, and to lay upon just and liberal grounds the fouhdat on of a peace which securing- the rights and interests of both nations, should unite them by lasting bonds of amity. The British commissioners then stated the following sub jects, as those upon which it appeared to them that the discussions would be likely to turn, and on wind* they were instructed. 1. The forcible seizure of mariners on board of merchant vessels, and in connection with it, the claim of his Bnlan- nic majesty to the allegiance of all the native subjects ot G. Britain. We understood them to intimate, that the British govern ment did not propose this point as one which they were par ticularly desirous of discussing ; but that as it had occupied so prominent a place in the disputes between the two coun tries, it necessarily attracted notice and was considered as a subject which would come under discussion. 2. The Indian allies of G. Britain to be included in the pacification, and a definite boundary to be settled for their territory. The British commissioners stated, that an arrangement upon this point was a sine qua uon ; that they were not authorised to conclude a treaty of peace which did not em brace the Indians, as allies of his Britannic majesty ; and that the establishment of a definite boundary of the Indian territory was necessary to secure a permanent peace, not only with the Indians, but also between the U. States ami G, Britain. 3. A revision of the boundary line between the U. States and the adjacent British colonies. With respect to this point, they expressly disclaim any intention, on the part of their government, to acquire ati increase of territory, and represented the proposed revision as intended merely for the purpose of preventing uncer tainty and dispute. Alter having stated these three points as subjects oi dis cussion, the British commissioners added, that before they desired any answer from us, they felt it hicwhbent upon APPENDIX; 305 them to declare, that the British government did not deny the right of the Americans to t! e fisheries generally, or in the open seas ; hnl that tlie privileges, formerly granted by treaty to the U. States of fishing within the limits of the British jurisdiction, and of landing and dryii gnsh on the shores of the British territories, would not be renewed without an equivalent. The extent of what was considered by them as waters peculiarly British, v\as not state . From the mam-er in which they brought tin* subject into view, they seemed \o wish us to understand ih.t they were not an\ious that tt should be discussed, and that they only intended to give us notice that these privileges had ceased to exist, and would not again be granted without an equivalent, nor unless we thought proper to provide expressly in the treaty oi peace for their renewal. The British commissioners having 1 stated that these were ^ all tke subjects which they intended to bring forward or to suggest, requested to be informed, whether we were in structed to enter into negociation on these several points, and whether there was any amongst these which v\e thought it unnecessary to bring into the negotiation ? and ihey de sired us to state, on our part, such other subjects as we might intend to propose for discussion in the course of the negociation. The meeting was then adjourned to the next day, in order to afford us the opportunity of consultation among ourselves, before we gave an answer. In the course of the evening of the same day, we receiv ed your letters of the 25th and 27th of June. There could be no hesitation, on our part, in informing the British commissioners, that we were not instructed on the subjects of Indian pacification or boundary, and of fisheries. Nor did it seem probable, although neither of these points had been staled with sufficient precision in that first verbal conference, that they could be admitted in any shape. We did not wish, however, to prejudge the result, or by any hasty proceeding abruptly to break off the e- gociation. It was not impossible that, on the sui.,- el of the Indians, the British government had received erroneous impressions from the Indian traders in Canada, which our representations might* remove : and it appeared, at all events, important, to ascertain distinctly the precise inten- 39 306 APPENDIX. tions ofG. Britain on both points. We, therefore, thought it advisable to invite the British commissioners to a gener al conversation on all the points ; stating to them, at the same time, our want of instructions on two of them, and holding out no expectation of the probability of our agree ing to any article respecting them. At our meeting on the ensuing day we informed the Bri tish commissioners, that upon the first and third points proposed by them we were provided with instructions, ai.d we presented as further subjects considered by our govern ment assuita -le tor discussion : 1st. A definition of blockade ; and as far as might be mutually agreed, of other neutral and belligerent rights. 2(L Claims of indemnity in certain eases of capture and seizure. We then slated that the two subjects, 1st of Indian pa- cificaiioH, and boundary, and 2d of fisheries, were not em braced by our instructions. We observed, that as these points had not been heretofore the grounds of any controversy between the government of G. Britain and that of the U. States, and had not been alluded to by lord Casllereagh, in his letter proposing the negotiation, it could not be expected that they should have been anticipated and made the subject of instructions by our government ; that it was natural to be supposed, that our instructions were confined to those subjects upon which differences between the two countries were known to ex ist; and that the proposition to define, in a treaty between the U. States and G. Britain, the boundary of the Indian possessions within our territories, was new and without ex ample. No such provision had been inserted in the treaty of peace in i 783, nor in any other treaty between the two countries. No such provision had to our knowledge, ever been inserted in anv treaty made by G. Britain or any Eu ropean power in relation to the same description of people, existing 1 under like circumstances. We would say, how ever, that it would not be doubted, that peace with the In dians would certainly follow a peace with G.Britain : that we had information that commissioners had already been appointed to treat with them; that a treaty to that effect rn^giii, perhaps, have been already concluded : and that the U. Slates having no interest, nor any motive to continue a APPENDIX. 307 separate war against the Indians, there could never be a moment when our government would not be disposed to make peace with them. We then expressed our wish to receive from the British commissioners a statement of the views and objects ofG. Britain upon ail the points, and our willingness to discuss them all, in order that, even if no arrangement should be agreed on, upon the points not included in our instructions, the government of the IT. States might be possessed of the entire and precise intentions of that of G. Britain, respect ing ihese points, and that the British government might be fully informed of the objections, on the part of the U. States, to any such arrangement. In answer to our remark that these points had not been alluded to by lord Castlereagh. in his Utter proposing* the neguciation, it was said, that it could not be expected, that in a lettermerely intended to invite anegociation, he should enumerate the topics of discussion, or state the pretensions of his government ; since these would depend upon ulterior events, and might arise out of a subsequent state of things. In reply to our observation, that the proposed stipulation of an Indian boundary was without example in the prac tice of European nations, it was asserted that the Indians must in some sort be considered as an independent people, since treaties were made w 7 ith them, both by G. Britain and the U. States : upon which we pointed out the obvious and important differences between the treaties we might make with Indians, living in our territory, and such a treaty as was proposed to be made, respecting them, with a foreign power, who had solemnly acknowledged the territory on which they resided to be part of the U. States. We were then asked by the British commissioners wheth er, incase they should enter further upon the discussion oi the several points which had been stated, we could expect that it would terminate by some pro\isional arrangement on the points on which we had no instructions, particular ly on that respecting the Indians, which arrangement would be subject to the ratification of our government ? We answered, that before the subjects were distinctly understood, and the objects in view more precisely disclos ed, we could not decide whether it would be possible to form any satisfactory article on the subject : nor pledge 308 ourselves as to the exercise of a discretion under our pow ers, even with respect to a provisional agreement. We ad led, that as we should-deeply deplore a rupture of the negotiation on any point, it was our anxious desire to em ploy all possible means to avert an event so serious in its consequences ; and that we had not been without hopes that a discussion might correct the effect of any erroneous information which the British government miiHit have re- / O cesved on the subject which they had proposed as a pre- limmary basis. We took this opportunity to remark, that no nation ob served a policy more liberal and humane towards the In dians than that pursued by the U. States; that our object had been, by all practicable m <j ans, to introduce civiliza tion amongst them ; that their possessions were secured to them by well defined boundaries, that their persons, lands, and other property were now more effectually protected against violence or frauds from any quarter, than they had been under any former government ; that even our citizens were not allowed to purchase their lands ; that when they gave up their title to any portion of their country to the U. States, it was by a voluntary treaty with our government, who gave them a satisfactory equivalent; and that through these means the U. States had succeeded in preserving, since the treaty of Greenville of 1795, an uninterrupted peace ot sixteen years, with all the Indian tribes; a period of tranquil it\ much longer than they were known to have enjoyed heretofore. It was then (expressly staged on our part, that the propo sition respecting the Indians, was not distinctly understood. We asked whether the pacification, and the settlement of a boundary for them were both made a sine qua non. Which was answered in \\v* affirmative. The question was then asked the British commissioners, whether the proposed Indian boundary was intended to preclude the U. States from the right of purchasing by treaty from the In- d ans, without the consent oi G. Britain, lands laying be yond that boundary ? And as a restriction upon the In dians from selling by amicable treaties lands to the U. States, as had been hitherto practised? To this question, it was first answered by oiie of the commissioners, that the Indians would not be restricted APPENDIX. 309 from selling their lands, but that the U. States would be restricted from purchasing? them; and on reflection anoth er of the commissioners stated, that it was intended that the Indian territory should be a barrier between the British dominions and those of the U. States, that both G Britain and the U. States should be restricted from purchasing their lands ; but the Indians might sell them to a third par ty- The proposition respecting Indian boundary thus ex plained, and connected with the right of sovereignty as cribed to the Indians over the country, amounted to noth ing less than a demand of the absolute cession of the rights both of sovereignty and of soJ. We cannot abstain from remarking to you, that the subject (of Indian boundary) was indistinctly stated when first proposed, and that the explanations were at first obscure and always given with reluctance. And it was declared from the first moment, to be a sine qua non, rendering any discussion unprofitable until it was admitted as a basis. Knowing that we had no power to cede to the Indians any part of our territory, we thought it unnecessary to ask, what probably would not have been answered till the principle was admitted, where the line of demarkation of the Indian country was propos ed to be established. The British commissioners, after having repeated that their instructions on the subject of the Indians were pe remptory, stated thai unless we could give some assurance, th it our powers wouid allow us to make at least a provi sional arrangement on the subject, any further discussion would be fruitless, and that tin y must consult their own government on this state of things. They proposed ac cordingly a suspension of the conferences, until they should have received an answer, it being understood that each party might call a meeting whenever they had anv propo sition to submit. They dispatched a special messenger the same evening, and we are now waiting for the result. Before the proposed adjournment took place, it was agreed that there should be a protocol of the conferences; that a statement should for that purpose be drawn up by each party, and that we should meet the next day to com pare the statements We accordingly met again on W^ed- nesday the 10th mst, aad ultimately agreed upon what 310 APPENDIX, should constitute the protocol of the conferences. A copy of this instrument, we have the honor to transmit with this dispatch. They objected to the insertion of the answer which they had given to our question respecting the effect of the pro posed Indian boundary ; but they agreed to an alteration of their original proposition on that subject, \vhich ren ders it much more explicit than as stated, either in the tirst conference or in their proposed draught of the protoco . They also objected to the insertion of the tact, lhat Ih -y had proposed to adjourn the conferences, until they conid obtain further instructions from their government. The return of their messenger may, perhaps, disclose the mo tive of their reluctance in that respect. We have the honor to be, Sec. JOHN a ADAMS, J. A. BAYARD, H. CLAY, JONA. RUSSELL. PROTOCOL OF CONFERENCE. Augusts, 1814. The British commissioners requested information wheth er the American commissioners were instructed to enter into negotiation on the preceding points P But before they desired any answer, they felt it right to communicate the intentions of their government as to the North American iisheries, viz. That the British government did not intend to grant to the U. States, gratuitously, the privileges for merly granted by treaty to them, of fishing within the lim its of the British sovereignty, and of using theshores of the British territories for purposes connected with the fishe ries. August 9. The meeting being adjourned to the 9th of August, the commissioners met again on that day. The American commissioners at this meeting stated, that upon the first and, third poi.tls proposed by the British commissioners, they were provided with instructions from their government, and that the second and fourth of these points were not provitfed for in their instructions. That in relation to an Lidian paci&cation, they knew that the government of the U. States had appointed commission ers to treat of peace \vith the Indians, and that it was not improbable that peace had been made with them. APPENDIX. 311 The American commissioners presented as further sub jects considered by the government of theU. States as suit able for discussion. 1. A definition of blockade, and as far as may be a- g-reed, of other neutral and belligerent rights. 2. Certain claims of indemnity to individuals for captures and seizures preceding and subsequent to the war. 3. They further slated that there were various othe * points to which their instructions extended, which might with propriety be objects of discussion, either in the nego- ciation of the peace, or in that of a treaty of commerce, which in the case of a propitious termination of the present conferences, they were likewise authorised to conclude. That for the purpose of facilitating the first and most es sential object of peace, they had discarded every subject which was not considered as peculiarly connected with that, and presented only those points which appeared to be immediately relevant to this negotiation. The American commissioners expressed their wish to re ceive from the British commissioners a statement of the views and objects of G. Britain, upon all the points, and their willingness to discuss them all. O They, the American commissioners were asked, wheth er, it those of G. Britain should enter further upon this dis cussion, particularly respecting 1 the Indian boundary, the American commissioners could expect that it would ter minate by some provisional arrangement, which they could conclude, subject to the ratification of their government? They answered, that as any arrangement to which they could agree upon the subject must be without specific au thority from their government, it was not possible for them, previous to discussion, to decide whether any article on the subject could be formed which would be mutually satisfac tory, and to which they should think themselves, under their discretionary powers, justified in acceding. The American Commissioners to the Secretary of State. GHENT, August 19, 1814. SIR Mr. Baker, secretary to the British mission, call- ed upon us to-day, at 1 o clock, and invited us to a con ference to be held at three. This was agreed to, and the British commissioners opened it, by saying that they had 312 APPENDIX. received their farther instructions this morning, and had not lost a moment in requesting a meeting for the purpose of communicating the decision of their government. It is proper to notice that lord Castlereagh had arrived last night in this city, whence, it is said, he will depart to-mor row on his way to Brussels and Vienna. The British commissioners stated that their government had felt some surprise, that we were not instructed respect ing the Indians, as it could not have been expected that they would leave their allies, in their comparatively weak situation, exposed to our resentment. Great-Britain might justly have supposed that the American government would have furnished us with instructions authorising us to agree to a positive article on the subject ; but, the least she could demand was that we should sign a provisional article ad mitting the principal subject to the ratification of our gov ernment ; so that, if it should be ratified, the treaty should take effect ; and, if not, that it should be null and void ; on our assent or refusal to admit such an article would depend the continuance or suspension of the negociation. As we had represented that the proposition made by them, on that subject, was not sufficiently explicit, their government had d reeled them to give us every necessary explanation, and to state distinctly the basis which must be considered as an indispensable preliminary. It was disiiie qua non that the Indians should be includ ed in the pacification, and, as incident thereto, that the boundaries of their territory should be permanently estab lished. Peace with the Indians was a subject so simple, as to require no comment. With respect to the bounda ries which was to divide their territory from that of the U. States, the object of the British government was, that the Indians should remain as a permanent barrier between our western settlements, and the adjacent British provinces, to prevent them from being conterminous to each other: and that, neither the U. States, norG. Britain, should ever here after have the right to purchase, or acquire any part of the territory thus recognized, as belonging to the Indians. With regard to the extent of the Indian territory, and the boundary line, the British government would propos; the lines of the Greenvilie treaty, as a proper basis, subject, however, to discussion and modifications. APPENDIX. SIS We stated that the Indian territory, according to these lines, would comprehend a great number of American citi zens ; not less, perhaps, than a hundred thousand : and asked, what was the intention of the British government respecting them, and under whose government they would fall ? It was answered that those settlements would he tak en into consideration, when the line became a subject of discussion ; but that such of the inhabitants, as would ulti mately be included within the Indian territory, must make their own arrangements and provide for themselves. The British commissioners here said that, considering the importance of the question we had to decide, (that of agreeing 1 to a provisional article) their government had thought it right, that we should also be fully informed of its views, with respect to the proposed revis.on of the boundary line, between the dominions of G. Britain and the U. States. 1st. Experience had proved that the joint possession of the hikes, and a right common to both nations, to keep up a naval force on them, necessarily produced collisons, and rendered peace insecure. As G. Britain could not be sup posed to expect to make conquest in that quarter, and as that province was essentially weaker than the U. States, and exposed to invasion, it was necessary, for its security, that G. Britain should require that the U. States should hereafter keep no armed naval force on the Western Lakes, from L ike Ontario to Lake Superior, both inclusive ; that they should not erect aay tVri.fiecl or military post or estab lishment on the shores of those lakes ; and that they should not maintain those which were already existng. This must, they said, be considered as a moderate demand, since G. Britain, if she had not disclaimed the intention of any in crease of territory, might \vilh propriety have asked a ces sion of the adjacent American shores. The commercial navigation and intercourse would be I ft on the same footing as heretofore. It was expressly stated, (in answer to a question we asked,) that G. Britain \*as to retain the right of having an armed naval force on those lakes, and of hold ing military posts and establishments on their shores. 2. The boundary line west ot Lake Superior, and thence to the Mississipi, to be revised a d the treaty right of G. .Britain to the navigation of the Mississinj, to be continued, 40 SI 4 APPENDIX. When asked, whether they did not mean the line from the L ike of the W r oods to the Mississipi, the British commis- s ori ^rs repeated that they meant the line from lake Supe rior, to that river. 3. A direct communication from Halifax and the pro- vii ce of New-Brunswick to Quebec, to be secured to i. Britain, fn answer to our question, in what manner this was to be effected, we were told that it must be done by a cession to G. Britain of that portion of the distrct of Mame (in the state of Massachusetts) which intervenes between New- Brunswick a:id Quebec, and prevents that direct communication. Reverting to the proposed provisonal article, respecting the Indian pacification and boundary, the British com missioners concluded by stating to us, that if the conferen ces >houM be suspended by our refusal to agree to such an article, without having obtained further instructions from our government, G. Britain would not consider herself bound to abide by the terms which she now offered, but would be at liberty to vary ami regulate her demands ac cording to subsequent events, and in such manner as the state of the war, at the time of renewing the negotiation, mi "lit. warrant. We asked whether the statement made, respecting pro posed revision of the boundary line between the U. States a ;ii lfte dominions ot G. Britain, embraced ail the objects she mea ;t to bring forward for discussion, and what were, particularly, her views with respect to Moose Island, and such other, islands in the bay of Passamaquaddy, as had been in our possession till the present war, but had been lately captured ? We were answered, that those Islands be longing of right to G. Britain, (as much so, one of the com missioners said, as Northamptonshire,) they would certain ly be kept by her, and were not even supposed to be an ob ject of discussion. From the forcible manner in which the demand, that the U. States sh Mild keep no naval armed force on the lakes, nor any military post on their shores, has been brought for ward, we were induced to inquire whether this condition was also meant as a sine qua non ? To this the British com missioners declined giving a positive answer. They said that they had been sutliciently explicit; that they had given APPENDIX. 315 us one sine qua nou, and when we bad disposed of that, it would be time enough to give us an answer as^to another. We then st ted that, considering the nature and impor tance ot the communication made this day, we wished the British commissioners to reduce their proposals to writing, be tore we gave them an answer ; this they agreed to, and promised to send us an official nole without delay. We need hardly say that the demands of G. Britain will receive from us an unanimous and decided negative. We do not deem it necessary to detain the John Adams for the purpose of transmitting to you the official notes which may pas on the subject and close the ue^ociation. And we Lave felt it our duty immediately to apprize yon, by this hasl\, but correct sketch of our last conference, that then? is not at present, ay hope of peace. We have the honor to be, c. JOHN Q. ADAMS, | B CLAY, J. A. BAYARD, | JOIN A. KUSSELL. A. GALLATIN, Note of the British commissioners. (Received after the above letter was written.^ The undersigned, Pienipoteatiares of his Britannic majes ty, do themselves the honor of acquainting the Pienipoten- tiaries of the U. States, that they have communicated to their court the result of the conference which they had the. honor of holding with them upon the 9th inst. in which they stated, that they were unprovided with any specific in structions, as to comprehending the Indian nations in a trea ty of peace to be made with G. Britain, and as to defining u. boundary to the Indian territory. The undersigned are instructed to acquaint the Plenipoten tiaries of the U. States, that his majesty s government hav ing at the outset of the negotiation, w 7 ith a view to the spee dy restoration of peace reduced as far as possible the number of points to be discussed, and having professed themselves willing lo forego on some important topics any stipulation to the advantage of G. Britain, cannot but feel some surprise th.-t the government ot the L T . States should not have fur nished their Plenipotentiaries with instructions upon those points which could hardly fail to come under discussion, APPENDIX. Under the inability of the American Plenipotentiaries to conclude any article upon tht subject of Indian pacih a- tion and Indian boundary, which shall bind the govern ment of the U. States, his majesty s government conceive that they cannot give a better proof of their sincere desire for the restoration of peace, tJ an by professing their willing ness to accept aprovisional article upon these heads, in the event of the American Plenipotentiaries considering them selves authorized to accede to the general principles, upon which such an article ought to bt j founded. With a view to enable the American Plenipotentiaries to decide, how far the conclusion of such an article is within the limit of, tl.eir general discretion, the undersigned are directed to state, fully and distinctly, the basis upon which alone G. Britain sees any prospect of advantage in the continuance of 5 he negociations at the present time. The undersigned have* already had the honor of stating to the American Plenipotentiaries, that in considering the points above referred to, as a sine c/uanon of any treaty of peace, the view of the British government is the perma nent tranquil ity and security of the Indian nations, and the prevention of those jealousies and irritations, to which the frequent alteration of the Indian limits has heretofore given rise. For this purpose it is indispensably necessary, that the Indian nations who have been during the war in alliance with G. Britain, should, at the termination of the war. be included in the pacification. It is equally necessary, that a definite boundary should be assigned to the Indians, and that the contracting par ties should guarantee the integrity of their territory, by a mutual stipulation, not to acquire by purchase, or other wise, any territory within the specified limits. The British government are willing to take, as the basis of an article- on this subject, those stipulations of the treaty of Greenville, subject to modifications, which relate to a boundary line. As the undersigned are desirous oi stating every point in connection with the subject, which may reasonably in fluence the decision of the American Plenipotentiaries in the exercise of their discretion, they avail themselves of this opportunity to repeat what they already stated, that G. Bntam desires the revision of the frontier between her APPENDIX. North American dominions and those of the U, States, not with any view to an acquisition of territory, as such, hut for the purpose of securing her possessions, and pre venting- future disputes. The British government, consider the lakes from lake Ontario to lake Superior, both inclusive, to he the natural military frontier of the British possessions in North Ame rica. As the weaker power on the North American con tinent, the least capable of acting offensively, and the most- exposed to sudden invasions, G. Britain considers the mili tary occupation of these lakes as neci- ssary to the security of her dominions. A boundary line equally dividing these waters, with a right to each nation to arm, both upon the lakes and upon their shores, is calculated to create a con test for naval ascendancy in peace as well as in war. The power which occupies these lakes should, as a necessary result, have the military occupation of both shores. In furtherance of this object the British government is prepared to propose a boundary. But as this might be misconstructed as an intention to extend their possessions to the southward of the lakes, which is by no means the object they have in view, they are disposed to leave the ter ritorial limits undisturbed, and as incident to them, the free commercial navigation of the lakes, provided that the American government will stipulate not to maintain or construct, any fortifications upon, or within a limited dis tance of the shores, or maintain or construct any armed ves sel upon the lakes in question, or in the rivers which empty themselves into the same. If this can be adjusted, there will then remain for dis cussion the arrangement of the north western boundary between lake Superior and the Mississippi, the free naviga tion of that river, and such a vacation of the line of frontier as may secure a direct communication between Quebec and Halifax. The undersigned trust, that the full statement which they have made of the views and objects of the British government in requiring the pacification of the Indian na tions, and a permanent limit to their territories, will enable the American Plenipotentiaries to conclude a provisional article upon the basis above stated. Should they feel it necessary to refer to the government of the U. States for APPENDIX. nstruclions, the undersigned feel it incumbent up- .1 to acquaint the American Plenipotentiaries, that the o, r er,*ment cannot be precluded by any thing that has passed from varying the terms at present proposed, m such a manner, as the state of war, at the time of resuming the co ferenccs, may in their judgment render advisable. The undersigned avail themselves of tins occasion to renew to the Plenipotentiaries of the U. States, the assur ance of their high consideration. GAMBJER, II. GOULBURN, W. ADAMS. Ghent, August 19, 1814. The American to the British Commissioners. GHENT, August 24, 1814. The undersigned, ministers plenipotentiary and extraor dinary from the United States of America, have given to the official note which they have had the honor of receiving from his Britannic majesty s Plenipotentiaries the deliber ate attention which the importance of its contents required, and have now that of transmitting to them their answer on the several points to which it refers. They would present to the consideration of the British Plenipotentiaries, that lord Castlereag h, in his letter of the 4th of November 1813, to the American Secretary of State, pledges the faith of the British government tint * the} were willing to enter into discussion with the government of America for the conciliatory adjustment 01 the differences subsisting between the two states, with an earnest desire on their part to bring them to a favorable issue, upon princi ples of perfect reciprocity, not inconsistent with the estab lished maxims of public law, and the maritime rights of the British empire/ This fact alone might suffice to shew, that it ought not to have been expected that the American government, in acceding to this proposition, should have exceeded its terms, and furnished the undersigned with in structions authorising them to treat with the British Pleni potentiaries respecting Indians situated within the bounda ries of the U. Slates. That such expectation was not en tertained by the British government might also have been inferred from the explicit assurances which the British APPENDIX. Plenipotentiaries gave, on the part of their government, at the first conference which the undersigned had the honor of holding with them, that no events, subsequent, to the first proposal for this negociation, h-ul, in any manner, varied either the disposition of die British government, that it might terminate in a peace honorable to both parties, or the terms upoin which they would be willing to conclude it. It is well known that the differences which unhappily subsist between G. Britain and the U. States, and which Ultimately led to the present war, were wholly of a maritime nature, arising principally from the British Orders in Coun cil, in relation to blockades, and from the impressment of manners from onboard of American vessels. The boun dary of the Indian territory had never been a subject of difference between the two countries. Neither the princi ples of reciprocity, the maxims of public law, nor the mari time rights of the British empire, could require the perma nent establishment of such a boundary. The novel pre tensions now advanced couid no more have been anticipat ed by the government of the U. States, in forming instruc tions for this negociation, than they seem to have been con templated by that of G. Britain in November last, in pro posing it. Lord Castlereagh s note makes the termination of the war to depend 021 a conciliatory adjustment of the dif ferences then subsisting between the two states, and in no other condition whatever. Nor could the American government have foreseen that G. Britain in order to obtain peace for the Indians, Residing within the dominions of the U. States, whom she had in duced to take pan with her in the war, would demand that they should be made parties to the treaty between the two nations, or that the boundaries of their hinds should be per manently and irrevocably fixed by that treaty. Such a proposition is contrary to the acknowledged principles of public law, and the practice of ail civilized nations, particu larly of G. Britain and ot the U. States. It is not founded on reciprocity. It is unnecessary for the attainment of the object which it professes- to have in view. No maxim of public law has hitherto been more univer sally established among ihe powers of Europe possessing territories in America, and there is none to which G. Brit fain has more uniformly and inflexibly adhered, than tha* 3*20 APPENDIX. of suffering no interposition of a foreign power in the rela tions between the acknowledged sovereign of the territory, and the Indians situated upon it. Without the admission of this principle, there would be no intelligible meaning attached to stipulations establishing boundaries between the dominions in America, of civilized nations possessing territories inhabited by Indian tribes. --Whatever may be the relations of Indians to the nation in whose territory they are thus acknowledged to res de, they cannot be con sidered as an independent power by the nation which has made such acknowledgment. The territory of which G. Britain wishes now to dispose, is within the dominions of the U. States, was solemnly ac knowledged by herself in the treaty of peace of 1783, which established their boundaries, and bv which she re linquished all claim to the government, propriety, and ter ritorial rights within these boundaries. No condition res pecting the Indians residing therein, was inserted in that treaty. No stipulation similar to that now proposed is to be found in any treaty made by G. Britain, or within the knowledge of the undersigned, by any other nation. The Indian tribes for which G. Britain proposes now to stipulate, have, themselves, acknowledged this | rincipie. By the Greenville treaty of 1795, to which the British plenipotentiaries have here alluded, it is expressly stipulat ed, and the condition has been confirmed by every subse quent treaty, so late as the year 1810, "That the Indian tribes shall quietly enjoy their lands, hunting 1 , planting, and dwelling thereon, so long as they please, without any mo lestation from the U. States: but that when those tribes, or any of them, shall be disposed to sell their lands, they shall be sold only to the LI. Stales : that until such sale, the U. States will protect all the said Indian tribes in the quiet er-joN ment of their lands against all citizens of the U. States, aud against all oilier white persons who intrude on the same, and that the said Indian tribes again acknowl edge ihemselves to be under the protection of the said LT. States, ad of no other power whatever. That there is no reciprocity in the proposed stipulation is evident. In prohibiting G. Britain and the LT. States from purchasing 1 lands within a part of the dominions of the latter power. While it professes to lake from G. Britain APPENDIX. -321 a privilege which she had not, it actually deprives the U. States of u right exclusively belonging 1 to them. The proposition is utterly unnecessary for the purpose of obtaining 1 a pacification for the Indians residing within the territories of the U. States. The undersigned have already had the honor of informing* the Br-tish Plenipotentiaries, that, under the system of liberal policy adopted by the U. Mates in their relations with the Indians within their ten* tones, an uninteiTnpled peace had subsisted from the year 179*5, not only between the U. States and alS those tribes, but also amongst those tribes themselves for a lon ger period of time than ever had been known since the first settlement of North America. Against those Ind-ans the U. States have nether interest nor inclination to continue the war. They have nothing to ask of them but peace. Commissioners on their part have been ap omted to co - elude it, and an armistice was actually made last autumn with most of those tribes. The British government may again have induced some of them to take their side in the war, but peace wiih them will necessarily follow immedi ately a peace with G. Britain. To a provisional article similar to what has been stipulated in some former treaties, engaging that each party will treal for the Indians within its territories, include them in the peace, and use its best endeavors to prevent them from co <nmitting hostilities against the citizens or subjects of ihe other party, the undersigned might assent, and rely on the approbation and ratification of their government. They would also for the purpose of securing the duration of peace, and to prevent collisions which might interrupt it, propose a stipulation which should preclude the subjects or citizens of each nation, res pectively, from trading with the Indians residing within the territory of the other. But to surrender both the rights of sovereignty and of soil o\ er nearly one third of the territorial dominions of the U. States to a number of Indians not probably exceeding twenty thousand, the undersigned are so far from being instructed or authorized, that any ar rangement for that purpose would be instantaneously reject ed by their government. Not only has this extraordinary demand been made a sine qua non, to be admitted without a discussion, and as a preliminary basis; but it is accompanied by others 41 322 .APPENDIX. equally inadmissible, which the British Plenipotentiaries state to be so connected with it, that they may reasonably influence the decision of the undersigned upon it, yet leav ing them uninformed how far these other demands may also be insisted on as indispensable conditions of a peace. As little are the undersigned instructed or empowered to accede to the propositions of the British government, in re lation to the military occupation ot the western lakes. It they have found the proposed interference of G. Britain in the concerns of Indians residing- within the U. States ut terly incompatible with any established maxim of public law, they are no less at a loss to discover by what rule of perfect reciprocity the U. States can be required to renounce their equal right of maintaining a naval force upon those lakes, and of fortifying their own shores, while G. Britain reserves exclusively the corresponding rights to herself. That in point of military preparation, G. Britain in her pos sessions in North America, ever has been in a condition to be termed, with propriety, the weaker power in compari son with the U. States, the undersigned believe to be incor- O reel in point, of fact. In regard to the fortification of the shores, and to the forces actually kept on foot upon those frontiers, they believe the superiority to have always been on the side of G. Britain. If the proposal to dismantle the forts upon her shores, strike for ever her military flag upon her lakes, and lay her whole frontier defenceless in the pre sence of her armed and fortified neighbor, had proceeded not from G. Britain to the U. States, but from the U. States to G. Britain, the undersigned may safely appeal to the bosoms of his Britannic majesty s Plenipotentiaries for the feelings with which, not only in regard to the interests, but the honor of their nation, they would have received such a proposal. What would G. Britain herself say, if in rela tion to another frontier, where she has the acknowledged superiority of strength, it were proposed that she should be reduced to a condition even of equality with theU. States, The undersigned further perceive that under the alledg- ed purpose of opening a direct communication between two of the British provinces in America, the British gov ernment require a cession of territory forming a part of one of the states of the American union, and that they propose, without purpose specifically alledged, to draw the boundary APPENDIX. 323 line westward, not from the lake of the Woods, as it now is, but from lake Superior. It must be peritctly immaterial to the U. States, whether the object of the British govern ment, in demanding the dismemberment ot the U. States is to acquire territory, as such, or for purposes less liable, in the eves of the world, to be ascribed to the desire of ag grandizement. Whatever the motive may be, and with whatever consistency views of conquest may be disclaimed, while demanding for herself, or for the Indians, a cession of territory more extensive than the whole island of Great- Britain, the duty marked out for the undersigned is the same. They have no authority to cede any part of the ter ritory of the U. States, and to no stipulation to that effect will they subscribe. The conditions proposed by G. Britain have no relation to the subsisting" differences between the two countries : O they are inconsistent with acknowledged principles of pub lic law ; they are founded neither on reciprocity nor on any of the usual bases of negotiation, neither on that ofultipos- sidetis, or of status ante helium : they would inflict the most vital injury on the U. States, by dismembering their territory, by arresting their natural growth and in crease of population, and by leaving their northern and western frontier equally exposed to British invasion and to Indian aggression ; they are, above all, dishonorable to the U. States, in demanding from them to abandon territory and a portion of their citizens, to admit a foreign interfer ence in their domestic concerns, and to cease to exercise their natural rights on their own shores and in their own waters. A treaty concluded on such terms would be but an armistice. It cannot be supposed that America wou d long submit to conditions so injurious and degrading. It is impossible, in the natural course of events, that she should not, at the first favorable opportunity, recur to arms, for the recovery of her territory, of her rights, of her honor. In stead of settling existing differences, such a peace would only create new causes of war, sow the seeds of a perma-, nent hatred, and lay the foundation of hostilities for an in definite period. Essentially pacific from her political institutions, from the habits of her citizens, from her physical situation, Ame rica reluctantly engaged in the war, She wishes for APl ENBIX. peace; but she wishes for it upon those terms of recipro city, honorable to both countries, which can alone render it permanent. The causes of the war between the U. States aid G. Britain having disappeared by the maritime pacifi cation of Europe, the government of the U. States does not desire to continue it, in defence of abstract principles, which have for the present, ceased to have any practical effect. The undersigned have been accordingly instruct ed to agree to its termination, both parties restoring what ever terr.tory they may have taken, and both reserving all their rights, in relation to their respective seamen. To make the peace between the two nations solid and perma- ne t, the undersigned were also instructed, and have been prepared to enter into the most amicable discussion of all those points on which differences or uncertainty had exist ed, and which m ght hereafter tend in any degree whatev er io interrupt the harmony of the two countries, without, however, making the conclusion of the peace at all depend ijpon a successful result of the discussion. It is, therefore, with deep regret, that the undersigned have seen that other views are entertained by the British government, and that new and unexpected pretensions are raised, which, if persisted in, must oppose an insuperable obstacle to a p unification, f \ is not necessary to refer such demands to the American government for its instruct on. Th< -\ will only be a fit subject oi deliberation, when it be comes necessary to decide upon the expediency 01 an abso lute surrender oi nat-ona! independence. Tne undersigned request the British Plenipotentiaries to accept the assurance oi their high esteem. JOHN QL ADAMS, J. A B YARD, H. CLAY, JON A. RUSSELL, A. GALLAT1N. The Brill sit to the American Commissioners. GUI NT, Sept. 4, 1814. The u di rsigned have the ho ; or to acknowledge the receipt, of the yote of the American Plenipotentiaries, dated ti.e 24th ultimo. I is with unfeigned regret that the undersigned observe, boih in the tone and subsiance of the whole note, so liltle proof of aiy dis,)ostion on t .e part of the government of the U. States to enter into at) amicable discussion of the APPENDIX. 325 several points sulmvtted by the undersigned in their former co -iiuum cation. The undersigned are perfect!} aware, tliat in bringing 1 forward those points for consideration, and stating with so much frankness, as UK y did, the \tewswilh whch they were proposed, they departed from the usual course of negotiating, by disclosing all the olgectsof tln-.r goxermttent, while those \vhicli the American government had in view were withheld: but in so doing they were prmcij ally actuated by a desire of bringing the r.egocia- tion as soo i as possible to a favorable termination, a.;d ia some measure by their willingness to comply w itli the \\ ish- es expressed by the American Plenipotentiaries themselves. it is perfectly true that the war between his majesty and the U. States, was declared by the latter power upon the pretence of maritime rights aliedged to be asserted b} G. Br. tain, and disputed b> the IT. States. Ii the war thus declared by the U. States had been car ried o.i by them for objects purely of a maritime nature, or if the attack wh eh has been made on Canada had been for the purpose or diversion, or the way of defence against the British forces in that quarter, any question as to the boun daries ot Canada, might have been considered as unneces sary ; but it is notorious to the whole world that the con- q iest of Canada, and its permanent annexation to the U. States, was the declared object of the American govern ment. If in consequence or a different course of events on the continent of Europe, his majesty s government had been unable to reinforce the British armies in Ca aua, and the U. States had obtained a decided superiority in that quarter, is there any person who doubts that they would have availed themselves of their situation to obtain on the side ot Canada important cessions of territory, if not the en tire baiidonmtnt of that country by Ci. Britain? Is the American government to be allowed to pursue, so far as its mea.,s will enable it, a system of acquisition and aggran disement to the extent of annexing entire provinces to their dominions, and is his majesty to be precluded from avail ing himself of Ins means, so f.ir as they will enable him, to retain those points which the valor of British arms may have piaced in his power, because they happen to be situat ed within the territories a^O ted under former treaties to the government of the U. APPENDIX. Such a principle of negotiation was never avowed cedent to that of the revolutionary government of France. If the policy of the U. States had been essentially pa cific, as the American Plenipotentiaries assert it ought to be, from their political institutions, from the habits of their citizens, and from their physical situation, it might not have been necessary to propose the precautionary provisions now under discussion. That, of Lite years at least, the Ameri can government have been influenced by a very different policy : by a spirit of aggrandizement not necessary to their own security, but increasing with the extent of their em pire, has been too clearly manifested by their progressive occupation of the Indian territories ; by the acquisition of Louisiana : by the more recent attempt to wrest by force of arms from a nation in amity, the two Floridas : and, lastly, by the avowed intention of permanently annexing the Can- adas to the U. States. If, then, the security of the British North American do minions requires any sacrifices on the part of the U. States, they must be ascribed to the declared policy of that govern ment in making the war not one of self defence, nor for the redress of gnevences, real or pretended, but a part of a sys tem of conquest and aggrandizement. The British government in its present situation, is bound in duty to endeavor to secure its North American domin ions against those attempts at conquest, which the Ameri can government have avowed to be a principle of their policy, and which as such will undoubtedly be renewed, whenever any succeeding war between the two countries shall afford a prospect of renewing them with success. The British Plenipotentiaries proposed that the military possesion of the lakes, from lake Ontario to lake Superior, should be secured to G. Britain, because the command of those lakes would afford to the American government the means of commencing; a war in the heart of Canada, and because the command of them, on the part of G. Britain, has been shewn by experience to be attended with no inse curity to the U. States. When the relative strength of the two powers in North America is considered, it should be recollected that the British dominions in that quarter do not contain a popula tion of five hundred thousand souls, whereas the territory of APPENDIX. 327 the U. States contains a population of more than seven mil lions ; that the naval resources of the U. States are at hand for attack, and that the naval resources of G. Britain are on the other side of the Atlantic. The military possession of those lakes is not, therefore, necessary for the protection of the U. States. The proposal for allowing" the territories on the southern hanks of the lakes above mentioned to remain in the pos session of the government of the U. States, provided no fortifications should be erected on the shores, and no arma ment permitted on the waters, has been made, for the pur pose of manifesting 1 , that security and not acquisition of the territory is the object of the British government, and that they have no desire to throw obstacles in the way of any com merce which the people of the [I. States may be desirous of carrying on upon the lakes in time of peace. The undersigned, with the anxious wish to rectify all misunderstanding, have thus more fully explained the grounds upon which they brought forward the propositions contained in their former note respecting the boundaries of the British dominions in North America. They do not wish to insist upon them beyond what the circumstances may fairly require. They are ready, amica bly to discuss the details of them with a view to the adop tion of any modifications which the American Plenipoten tiaries, or then-government, may have to suggest, if they are not incompatible with the object itself. With respect to the boundary of the district of Maine, and that of the north western frontier of the U. States, the undersigned were not prepared to anticipate the objections contained in the note of the American Plenipotentiaries, * that they were instructed to treat for the revison of their boundary lines/ with the statement which they have subse quently made, that they had no authority to cede any part, however insignificant, of the territories of the U. States, al though the proposal left it open to them to demand an equivalent for such cession either in frontier or othetwise. The American Plenipotentiaries must be aware that the boundary of the District of Maine has never been correctly ascertained ; that the one asserted at present by the Ameri can government, by which the direct communication be tween Halifax and Quebec becomes interrupted, was not 328 APPENDIX. in contemplation of the British PlenipoTentiaries who con- eluded the treaty of 1783, and Unit the greater part of the territory in question is actually unoccu; led. The undersigned are persuaded that an arrangement on this point might be easily made, if entered into with the spirit of conciliation, without any prejudice to the interests of the district in question. As the necessity of fixing some boundary for the north western frontier has been mutually acknowledged, a propo sal tor a discussion on that subject cannot be considered as a demand for a cession of territory, unless I he U. States are prepared to assert that there is no limit to their territo ries in that direction, and that availing themselves of the geographical emir upon which that part of the treaty of 1783 was founded, they will acknowledge no boundary whatever, then unquestionably any proposition to fix one, be it what it may, must be considered as demanding a large cession of territory from the U. States. I> the American government prepared to assert such an unlimited right, so contrary to ihe evident intention of the treaty itself? Or, is his majesty s government to understand that the American Plenipotentiaries are willing to acknow ledge the boundary from the lake of the Woods to the Mis sissippi (the arrangement made by a convention in 1803, but not ratified) as that by which their government is ready to abide ? The British Plenipotentiaries are instructed to accept favorably such a proposition, or to discuss any other line of boundary whu.h may be subm tttd for consideration. It is with equal astonishment and regret the undersign ed find that the American Plenipotentiaries have not only declined Signing any provisional art.c e, by which the In dian nations who have taken part w th G. Britain in the present contest may be included in the peace, and may have a boundary assigned to them, but have also thought proper to express surprise at any proposition on the sub ject having been advanced. The American Plenipotentiaries state, that their gov ernment could not have expected such a discussion, and appear resolved, at once, to reject any proposition on this lu i ; representing it as a demand contrary to the acknowl edged principles ot public law, tantamount to a cession of APPENDIX. 329 one third of the territorial dominions of the U. States, and required to be admitted without discussion. The proposition winch is thus represented is, that the Indian nations, which have been during* the war in alliance with G. Britain, should at its termination be included in the pacification ; and with a view to I heir permanent tranquil- ity and security, that the British government is willing to take as a basis of an article on the subject of a boundary for those nations, the stipulations which the American gov ernment contracted in 179-3, subject, however, to modifica tions. After the declaration, publicly made to those Indian nations by the Governor Gen. of Canada, that G. Britain would not desert them, could the American government really persuade itself that no proposition relating to those nations would be advanced, and did lord Castlereagh s note of the 4th Nov. 1813, imply so great a sacrifice of honor, or exclude from discussion every subject, except what immediately related to the maritime questions refer red to in it ? When the undersigned assured the American Plenipo tentiaries of the anxious wish of the British government that the negociation might terminate in a peace honorable to both parties, it could not have been imagined that the American Plenipotentiaries would thence conclude, that his majesty s government was prepared to abandon the In dian nations to their fate, nor could it have been foreseen that the American government would have considered it as derogatory to its honor to admit a proposition by which the tranquility of these nations might be secured. The treaty of Greenville established the boundaries be tween the U. States and the Indian nations. The Ameri can Plenipotentiaries must be aware, that the war which has since broken out, has abrogated that treaty, fs it con trary to the established principles of public law for the Bri tish government to propose, on behalf of its allies, that this treaty, shall on the pacification, be considered subject to such modifications as the case may render necessary ? Ot is it unreasonable to propose, that this stipulation should be amended, . and that on that foundation some arrange ment should be made which would provide for the exist- enr<> of a neutral power between G. Britain and ihe United 42 230 APPENDIX. States, calculated to secure to both a longer continuance of the blessings of peace ? So far was that specific proposition respecting the Indian boundaries from being insisted upon in the note, or in the conference which preceded it, as one to be admitted with out discussion, that it would have been difficult to use term* of greater latitude, or which appeared mure adapted, not only not to preclude but to invite discussion. If the basis proposed could convey away one third of the territory of the U. States, the American government itself must have conveyed it away by the Greenville treaty of 1795. It is impossible to read that treaty without remarking how inconsistent the present pretensions of the American government are, with its preamble and provisions. The boundary line between the lands of the U. States and those of the Indian nations, is therein expressly defined. The general character ot the treaty, is that of a treaty with inde pendent nations ; and the very stipulation which the Amer ican Plenipotentiaries refer to, that the Indian nations should sell their lands only to the U. States, tends to prove that, but for that stipulation, the Indians had a general right* to dispose of them. The American government has now for the first time in effect, declared that all Indian nations within its line of demarkation are its subjects, living there upon sufferance, on lands which it also claims the exclusive right of acquir ing, thereby menacing the final extinction of those nations. Against such a s\stem the undersigned must formally protest. The undersigned repeat, that the terms on which the proposition has been made for assigning to the Indian nations some boundary, manifest no unwillingness to dis cuss any other proposition directed to the same objt ct, or even a modification of that which is offered. G. Britain is ready to enter into the same engagements with respect to the Indians living within her line of demarkation, as that which is proposed to the U. States, It can therefore, only be from a complete misapprehension of the proposition 7 that it can be represented as being not reciprocal. Neith er can it with any truth, be represented as contrary to the acknowedged principles of public law, as derogatory to the honor, or inconsistent with the rights of the American APPENDIX. 331 government, nor as a demand required to be admitted without discussion. After this full exposition of the sentiments of his majesty s government on the points above stated, it will be for the American Plenipotentiaries to determine whether they are ready now to continue the negociation ; whether they are disposed to refer to their government for further instruc tions; or, lastly, whether they will take upon themselves the responsibility of breaking off the negociation altogether. The undersigned request the American Plenipotentia ries to accept the assurances of their high consideration. GAMBIER, H. GOULBURN, W. ADAMS. The American to the British Commissioners. GHENT, Sept. 9th. 18U. The undersigned have had the houor to receive the note of his Britannic majesty s Plenipotentiaries, dated the 4th instant. If in the tone, or sub$ ance of the former note of the undersigned, the British commissioners have perceived little proof ot any disposition on the part of the American government, for a discussion of some of the propositions advanced in the first note, which the undersigned had the honor of receiving from them, they will ascribe it to the nature of the propositions themselves, to their apparent in compatibility with the assurances in lord Castlereagh s let ter to the American secretary of state, proposing the ne gociation, and with the solemn assurances of the British Plenipotentiaries themselves, to the undersigned, at their tirst conference with them. The undersigned, in reference to an observation of the British Plenipotentiaries, must be allowed to say, that the objects which the government of the U. States had in view, have not been withheld. The subjects considered as suitable for discussion were fairly brought forward, in the conference of the 9th ult. and the terms on which the U. States were willing to con clude the peace, were frankly and expressly declared in the note of the undersigned, dated the 24th ultimo. It had been confidently hoped that the nature of those terms, so evidently framed in a spirit of conciliation, would have 332 APPENDIX. induced G. Britain to adopt them as the basis of a treaty ; and it is with deep regret that the undersigned, if they have righfh understood the meaning- of the last note of the Bri tish Plenipotentiaries, percriv 7 e that they still insist on Hie exclusive military possession of the lakes, and on a perma-* nent boundary and independent territory for the Indians residing- within the dominions of the U. States. The first demand is grounded on the* supposition, that, the American government has manifested, by its proceed ing s towards Spain, by the acquisition of Louisiana, by the purchases of Indian lands, and by an avowed intention of permanently annexing the Canadas to the U. States, a spirit of aggrandizement and conquest, which justifies the demand ot extraordinary sacrifices from them, to pro vide for the security of the British possessions in America. Li observations which the undersigned felt it their duty to make on the new demands of the British government, they confined their animadversions to the nature of the de mands themselves ; they did not seek for illustrations of the policy of G. Britain in her conduct, in various quarters of the globe, towards other nations, for she was not ac countable to the U. States. Yet the undersigned will say, that their government has ever been ready to arrange, in the most amicable manner, with Spain, the questions re specting the boundaries of Louisiana, and Horida, and that of the indemnities acknowledged by Spain due to American citizens. How the peaceable acquisition of Louisiana, or the purchase of lands within the acknow ledged territories of the U. States, both made by fair and voluntary treaties for satisfactory equivalents, can be as cribed to a spirit of conquest dangerous to their neighbors, the undersigned are altogether vit a loss to understand. Nor has the conquest of Canada, and its permanent an nexation to the U. States, been the declared object of their government. From the commencement of the war to the present time, the American government has been always willing to make peace, without obtaining any cession of territory, and on the sole condition that the maritime ques tions might be satisfactorily arranged. Such was their disposition in the month of July, 1812, when they instruct ed IVJ r. Russell to make the proposal of an armistice ; in the- month of October of the same year, when Mr. APPENDIX. 333 roc answered Admiral Warren s proposals ta the same effect; in April, 1813, when instructions were given to three of ihe undersigned then appointed to treat of peace, under the mediation of Russia; and in January, 1814, when the instructions under which the undersigned are now acting, were prepared. The proposition of the British Plenipotentiaries is, that, in order to secure the frontier of Canada against attack, the U. States should leave their own without defence; and it seems to be forgotteli, that if their superior popula tion, and the proximity of their resources give them any advantage in that quarter, it is balanced by the great dif ference between the military establishments of the two na tions. No sudden invasion of Canada by the U. States could be made, without leaving on their Atlantic shores, and on the ocean, exposed to the greut superiority of the British force, a mass of American property far more val- nable than Canada. In her relative superior force to that of the U. States in every other quarter, G. Britain may find a pledge much more efficacious for the safety of a single vulnerable point, than in stipulations ru. nous to the inter ests, and degrading to the honor of America. The best security for the possessions of both countries will, howev er, be found in an equal and solid peace; in a mutual re spect for the rights ot each other, and in the cultivation of a friendly understanding between them. If there be any source of jealousy in relation to Canada itself, it will be found to exist solely in the undue interference of traders and agents, which may be easily removed by proper re straints. The only American forts on the lakes known to have been, at the commencement of the negociation, held by Br tish force, are Michilimackinac and Niagara. As the U, States were, at the same time, in possession of Amherst- burg, and the adjacent country, it is not perceived that the mere occupation of those two forts could give any claim to his Britannic majesty to large cessions of territory, found ed upon the right of conquest ; and the undersigned may be permitted to add, that even if the chances of war should yield to the British arms a momentary possession of other parts of the territories of the U. States, such events would not alter their views with regard to the terms of peace to 334 APPENDIX. which they would give their consent. Without recurring- to examples drawn from the revolutionary governments of France, or to a more recent and illustrious triumph of for titude in adversity, they have been taught by their own history that the occupation of their principalities would produce no despondency, nor induce their submission to the dismemberment of their empire, or to the abandon ment of any one of the rights which constitute a part of their national independence. The general position, that it was consistent with the principles of public law, and with the practice of civilized nations, to include allies in a treaty of peace, and to pro vide for their security, never was called in quesiion bv the undersigned. But they have denied the right of G- Bri tain, according to those principles and her own practice, to interfere in any manner with the Indian tribes residing with in the territories of the U. States, as acknowledged by her self, to consider such tribes as her allies, or to treat for them with the O. Stales. They will not repeat the fade and arguments already brought forward by them in sup port of this position, and which remain unanswered. The observations made by the British Plenipotentiaries on the treaty of Greenville, and their assertion that the U. States now, for the first time, deny the absolute independence of the Indian tribes, and claim the exclusive right of purchas ing their lands, require, however, some notice. It the U. States had now asserted, that the Indians with in their boundaries, who have acknowledged the U. States as their only protectors were their subjects, living only at sufferance on their lands, far from being the first in making that assertion, they would only have followed the example on the principles, uniformly and invariably asserted in sub stance, and frequently avowed in ex press terms by the Bri tish government itself. What was the meaning of all the colonial charters granted by the British monarchy, from that of Virginia, by Elizabeth, to that of Georgia, by the immediate predecessor of the present king, if the Indians were the sovereigns and proprietors of the lands bestowed by those charters ? What was the meaning of that article in. the treaty of Utrecht, by which the five nations were de scribed, m terms, as subject to the dominions of G. Britain ? or that of the treaty with the Cherokees, by which it was APPENDIX. 335 declared that the king of G. Britain granted them thepnvi- ledgeto live where they pleased, if those subjects were in dependent sovereigns, and if these tenants, at Ihe licence of the British king, were the rightful lords of the lands where he granted them permission to live ? What was the mean ing of that proclamation of his present Britannic majesty, issued in 1763, declaring all purchases of lands from the Indians null and void, unless made by treaties held under the sanction of his majesty s government, if the Indians had the right to sell their lands to whom they pleased ? What was the meaning of boundary lines of American territories, in all treaties of G. Britain with other European powers having American possessions, particularly in the treaty of 1763, by which she acquired from France the sovereignty and possession of Ihe Canadas ; in her treaty of peace with the U. States in 1783 ; nay, what is the meaning of the north western boundary line now proposed by the British commissioners themselves, if it is the rightful possession and sovereignty of independent Indians, of which these boundaries dispose ? Is it indeed, necessary to ask, whether G. Britain ever has permitted, or would permit, any for eign nation, or without her consent, any of her subjects, to acquire lauds from the Indians, in the territories of theHud-* son bay company, or in Canada? In formally protesting against this system, it is not against a novel pretension of the American government, it is ag tinst the most solemn acts of their own sovereigns, against the royal proclama tions, charters, and treaties of G. Bitain, for more than two centuries, from the first settlemement of North Ameri ca to the present day, that the British Plenipotentiaries protest. From the rigor of this system, however, as practised by G. Britain, and all other European powers in America, tlie humane and liberal policy of the [T. States has voluntarily relaxed. A celebrated writer on the laws of nations, to whose authority British jurists have taken particular satisfac tion in appealing, after stating, in the most explicit man ner, the legitimacy of colonial settlements in America, the exclusion of all rights of uncivilized Indian tribes, has tak en occasion to praise thetirst settlers of New-England, and the founder of Pennsylvania, in having purchased of the In dians the lauds they resolved to cultivate, 336 APPENDIX. their being- furnished with a charter from their sovereign, It is this example, which the U. States, since they became by their independence, the sovereigns of the territory, have adopted and organized into a political system. Under that system, the Indians residing within the U. States are 80 far independent that they live under their own customs, and not under the laws of the U. States, that their rights upon the lands where they inhabit, or hunt, are secured to them by boundaries defined in amicab e treaties between tiie U. States and themselves ; and that whenever those boundaries were varied, it is also by amicable and volunta ry treaties, by which they receive from the U. States ample compensation for every right they have to tiie lands ceded to them. They are so far dependent as not to have the nght to dispose of their lands to private pe sons, nor to any pow er other lhan the U. States, and to be under their protec tion alone, and not under that of any other power. Whe ther called subjects, c r by whatever name designated, such is the relation between them and the U. States. Thatrela- ton is. neither asserted now for the first lime, nor did it ori ginate with the treaty of Greenville. These principles have been uniformly recognized by the Indians themselves, not only by that treaty, but in all the other previous as well as subsequent treaties between them and the U. States. The treaty of Greenville neither took from the Indians the right, which they had not, of selling lands within the jurisdiction of the U. States to foreign governments or sub jects, nor ceded to them the right of exercising exclusive jurisdiction within the boundary line assigned. It was merely declaratory of the public law m relation to the par ties, founded on principles previously and universally recog nized. It left to the U. States the rights of exercising sov ereignty and of acquiring soii, and bears no analogy to the proposition of G. Britain which requires the abandonment of both. Tiie British Plenipotentiaries slate in their last note, that G. Britain is ready to enter into the same engagement with respect to the Indians living within her line of demarkation., as that which is proposed to the U. States. The under signed will not dwell on the immense inequality of value between the two territories, which under such an arrange- would be assigned, by earh nation respectively to the APPENDIX, 837 Indians, and which alone would make the reciprocity mere ly nominal. The condition winch would be thus imposed on G.Britain not to acquire laruls ii; Canada from the In dians, would be productive of no advantage to the U. Stales, and is, therefore, no equivalent for the sacri fice required of them. They do not consider that it belongs to the U. States in any ivspect to interfere with the con cerns of G. Britain in her American possessions, or with her policy towards the Indians residing there : and they cannot consent to any interference, on the part of G. Bri tain, with Iheir uwn concerns, and particularly with (lie. Indians living; within their territories. It may be the inter- > , est of G. Britain io limit her setilements in Canaoa to their present extent, and to leave the country to the West a per petual wilderness, to be for ever inhabited by scattered tribes of huntfrs : but it would inflict a vital injury on the U. States to have a line run through her territory, beyond uhich her settlements should for ever be precluded from expending, thereby arresting the natural growth of her po pulation arid strength: placing the Indians substantially by VM trie of the proposed guarantee, u;ider the protection of CT. Britain; dooming theiia to perpetual barbarism, and leaving an extensive frontier for ever exposed to thersavr ag e incursions. W r h respect to the mere question of peace with the In dians, the undersigned have already explicitly assured the Bn:ish Plenipotentiaries that so far as it depended on the U. States, it would immediately and necessarily follow a peace withG. Britain, ir this be her sole object, no pro vision-in the treaty to that effect is necessary. Provided the Indians wil- now consent to it, peace will immediately be made with them, and li.ey will be reinstated in the same situation in which they stood before the commencement of hostilities. Should a continuance of the war compel the U. States to alter their policy towards the Indians, who may still take the part of G. Br.tait;, they alone must be re sponsible for the consequences of her own act in having in duced them to withdraw Themselves from the protection of the U. States. The employment of savages, whose known rule of warfare is the indiscriminate torture and butchery of women, children, and prisoners, is itself a departure from 43 338 Al JPK NJDIX. the principles of humanity observed between all civilized and Christ inn nations, even in war. The U. States have constantly protested, and still pro test against it as an unjustifiable aggravation ot the calami ties and horrors oi v\ar. Ot the peculiar atrocities ot In dian warfare, (he allies of G. Britain in whose behalf she now demands sacrifices of the U. States, have during the present war, shewn many deplorable examples. Among them, the massacre in cold blood, of wounded prisoners, and the refusal of ther.ghls of burial to the dead, under the eyes ol British officers who could only plead their inability to control these savage auxiliaries, have been repeated and art notorious to the world. The U. Slates might at all tunes have employed the same kind ol i orce against G Britain, to a greater extent than it was in her power to em ploy it against them ; but from their reluctance to resort to means so abhorrent to the natural feelings of humanity, they abstained from the use of them until compelled to the, alternative of employing themselves Indians, who other wise would have been drawn into the ranks of their ene mies. The undersigned suggesting to (he British Pleni potentiaries the propriety of an article by which G. Britain and the U. States should reciprocally stipulate never herc- after, if they should be again at war, to employ savages in it,.. believe that it would be infinitely more honorable to the humanity and Christian temper oi both parties, more ad vantageous lo thelndians themselves, and better adapted to secure their permanent peace, tranquilily, and progres sive civilization than the boundary proposed by the British- Plenipotentiaries. With regard to the cession of a part of the District of Mume, as to which the British Plenipotentiaries are unable iu reconcile the objections made by the undersigned with their previous declaration, they have the honor to observe, that at. the conference of the 8ih nit. the British Plenipoten tiaries stated as one of the subjects suitable for discussion, a revision ol the boundary line between the British and American territories, with a view to prevent uncertainty and dispute ;. and that it was on the point thus stated, that the undersigned declared lliat they were provided with in structions from their government; a declaration which did not imply that they were instructed to make any ccs-. APPENDIX. of territory in any quarter, or agree to n revision of the line, or to any exchange of territory, \\herc no uncertainty or dispute existed. The undersigned perceive no uncertainty or matter of doubt in the treaty of 1783, with respect to that part of the. boundary of the District of M;rMe \\hich would be affect ed by the proposal of G. Britain on that subject, Ti:ey never have understood thai the British Plenipotentiaries who signed that treaty, had fontempSated a boundary dif ferent from that fixed by the treaty; and which requires nothing more, in order to be definitely ascertained, thr.u .<> be surveyed in conformity with its provisions. This sub ject not having been a matter of uncertainly or il.sruUe, the undersigned are not instructed upon it ; and they can ba\e no authority to cede any part of the state of Massos chusetts, even for what the British government might con sider a fair equivalent. In regard to the boundary of the north western frontier, so soon as ihe propostion <>i [ --dian boundary is disposed of, the undersigned ha\e io objection, with the explana tion given bv the British Plenipotentiaries in their last note, to discuss the subject. The undersigned in their former no e, stated with frank ness, and will now rvpe-at, that the two propositions, 1st, of assigning in the proposed treaty of peace u deih.ae boun dary to the Indians living within the limits ol the U. States, beyond which boundary the\ should stipulate nx>t to acquire, by purchase or otherwise, any territory ; and 2dly,ofseciirh g the exclusive military possession of ihe lakes to Great Bri tain, are both inadmissible ; and thai they cannot subscribe to, and would derm, it useless to refer to their government, any arrangement, even provisional, containing either of these propositions. With this understanding, the under signed are now ready to continue the negociatiun ; and as they have already expressed, to discuss all the points of difference, or which might hereafter tend in any degree to interrupt the harmony of the two countries. The undersigned request the British. Plenipotentiaries t fo accept the assurance of their hi^h consideration. JOHN U. ADAMS, j. A. BAYARD, H. CLAY. JO&A. RUSSELL, A. GALL AT IN. APPENDIX, The British to the American Commissioner*. GHKNT, hept. 19, 1814. The undersigned have the |ionor to acknowledge the receipt of the note addressed to them by the American -Plenipotentiaries, on ihe 9th inst. On the greater part of t[;at note, the undersigned have no intention to innke comments, having proposed to them selves throng-how the negotiation to avoid all unnecessary discussions, more especially when tending to create irrita tion. On the question of the north western frontiers, they are happy to find that no material difficulty is likely toartse. With respect to the boundary oft!,e District of Maine, the undersigned observe with regret, that although the A- mcrican Plenipotentiaries have acknowledged themselves to be instructed to discuss a revision of the boundary line, with a view to prevent uncertainty and dispute, yet, by as suming an exclusive right at once to decide what is or is not a subject of uncertainty and dispute, they have ren* dered their powers nugatory or inadmissibiy partial in their operation. After the declaration made by the American PiempQ* tenharies, thai the U. States will admit oi no line of bout)-* dary between their territory and thai, of l|e Indian nations, because the natural growth ami population oi iht U. Slates would be thereby arrested, it b- comes .unnecessary further r.o insist on the proof of a spirit of aggrandizement afforded by the purchase of Louisiana from France, against the k lown comji ions on which it had been ceded by Spain to that coimtn, or the host le seiz ire of a great part oi the Fioridas, under a pretence of a dispute respecting the boundary. The reason given by the American Plenipotentiaries for this declaration, equally applies to the assignment of a boundary to the U. States on any side, with whatever view proposed ; and the unlimited nature ot tht pretension would alune havejustitied ti. Britain in seeking more effectual se curities against its application to Canada., than any which the undersigned have l^ad I he honor to propose. Had the American Plenipotentiaries been instructed on the subject of Canada, they would not have asserted that its permanent annexation had not been the declared object APPENDIX. 3*1 of their government. It has been distinctly avowed to be such at different times, particularly by two American Gen erals on their respective invasions of Canada. If the dec laration first made had been disapproved, it would not have been repeated. The declarations here referred to are to be found in the proclamation 01 Gen. Hull, in July, 1812, and of Gen. Smyth, in November, 1812, copies of \vhich are hereunto annexed. It must be also from the want of instructions that the American Plenipotentiaries, have been led to assert that G. Britain has induced the Indians to withdraw from the protection ot the U. States. The government of the U. Stales cannot have forgotten that G. Britain, so far from inducing* the Indians to withdraw themselves from the pro tection of the U. States, gave the earliest information of the intention of those nations to invade the U . States, and exerted herseif, though without success, to prevent and ap pease their hostility. The Indian nations, however, hav ing experienced, as they thought, oppression* instead of protection from the [J. States, declared war against them previously to the declaration of war by that country agtxii.st G. Britain. The treaty by which the Indians placed themselves under the protection of the U . States, is now abrogated, and the American government cannot be enti tled to claim as a right, the renewal of an article ii. a trea ty, w inch has no longer any existence. The Indian na tions are therefore no longer to be considered as under the protection of the U. States, (whatever may 7 be the m of that term) and it can only be on the ground that are regarded as subjects, that the American Plenipoc^u- tiaries can be authorized to deny the right of G Britain :o interfere on their behalf in the negociations for peace. To any such claim, it is repeated, that the treaties concluded with them, and particularly that of Greenville, are in direct opposition. Ilis not necessary to recur to the manner in which the territory of the U. States was at first settled, in order to de cide, whether the Indian nations, the original inhabitants of America, shall have some spot assigsied to them, where they may be permitted to live in tranquility ; nor whether Iheir tranquility can be secured without preventing an mi- 342 APPENDIX. interrupted system of encroachment upon them under the pretence of purchase. If the American Plenipotentiaries are authorized pe- remptorily to deny the rH>-ht of the British government to interfere with the pacification of the Indian nations, and for that reason refuse all neg*ociations on the- subject, the undersigned are at a toss to understand, upon what prin ciple it was, that at the conference of the 9th ultimo, the American Plenipotentiaries invited discussion on the sub ject, and added that it was not possible tor them to decide without discussio i, whether an article could be framed which should be mutuaJy satisfactory, "and to which they should think themselves, under their discretionary powers, warranted in acceding". The undersigned must further observe, that if the A- merican government has not furnished their Plenipoten tiaries with any instructions since January last, when the general pacification of Europe could not have been im mediately in contemplation, this subsequent silence, after an event so calculated (even in the view winch the Ameri can Plenipotentiaries have taken of it, in their note of the 24th ult.) to influence the iiegociation, is, to say the least, no proof of a sincere desire to bring it to a favorable con clusion. The British government has entered into the ne- gociation with an anxious wish to eiiect an amicable ar rangement. A-ter convulsions unexampled in their na ture, exient, and duration, the civilized world has need of repose. To obtain this in Europe, G. Britain has made considerable sacrifices. To complete the work of general pacification, it is her earnest wish to establish a peace with the U. States, and in her endeavors to accomplish this ob ject, to manifest the same principles of moderation and for bearance; but it is utterly inconsistent with her practice and her principles ever to abandon in her negotiations for peace, those who have co-operated with her in war. The undersigned, therefore, repeat that the British gov ernment is willing to sign a treaty of peace with the U. States on terms honorable to hoi h parties. It has not of fered any terms which the U. Stales can justly represent as derogatory to their honor, nor can it be induced to accede to any which are injurious to its own. It is on this ground Lhat the undersigned yre authorized distinctly to declare. APPEMUX. I hat they are instructed not to sign a treaty of peace with the P,eni|votentianes of the 0. Stales, Uui^s the Indian na tions are included in it, and restored to ail the rights, privi- leges, and territories, wilich they enjoyed in the year 1811, previous to the commencement of tiie war, by virtue of the treaty of Greenville, and the treaties subsequently conclud ed between them and the U. States. From this point the iiritish Plenipotentiaries cannot depart. They are further instructed to oiler for discussion an ar ticle bv \\hichthe contracting" parties shall reciprocally bind themselves, according to boundaries to be agreed up on, not to purchase the lands occupied by the Indians with in their respective lines of demarkalion. By making this en<> iso-ement, subject to revision at the expiration of a <nven S> O / period, it is hoped that the objection to the establishment of a boundary beyxxnd which the settlement of the United States should be forever excluded, may be effectually ob- i * viated. The undersigned have never stated that the exclusive O military posseion of the Jakes, howe\er conducive they aresati^iied it would be to a goud understanding between the two countries, without endangering- the security of the U. States, was to i;e coasidtTcd as a nine qua -non in the. negociation. U henever the quest sou relative to the paci fication of the Indian nations (which, subject to the explan ations already given, is a suit qua nuu,) shall be adjusted, the undersigned will be authorized to make a final propo sition on ti;e subject o Canadian boundaries, so entirely founded on principles of moderation and justice, that they fee confident it cannot be rejected. This proposition will be distinctly stated by the undersigned, upon receiving an assurance from the American Plenipotentiaries that they consider themselves authorized to conclude a provisional article on the subject, and upon their previously consenting to include the Indian nations in the treaty, in the manner above described. The undersigned avail themselves of this opportunity of renewing to the American Plenipotentiaries, the assurance of their high consideration. GAMBIEU, HENRY GOULBURN, WILLIAM ADAMS. 344 APPENDIX. The American to the British Commissioners. GMEKT, Sept. 26, 1814. In replying to the note which the undersigned have had the honor of receiving from hs Britannic majesty s Pleni potentiaries, dated on the 19th inst. they are happy to con cur with them in the sentiment of avoiding- unnecessary discussions, especially such as may have a tendency to create irritation. They had hoped that, in the same spir it, the British Plenipotentiaries would not have thought al lusions again necessary to transactions foreign to this nego- ciation, relating- to the U. States, t* nd other independent nations, and not suitable for discussion between the Umled States and Great- Britain. The observation m. de with respect to Louisiana is the more extraordinary, as the ces sion of that province to theU. Slates was, at the time, com municated to the British government, who expressed their entire satisfaction with it, and has subsequently received the solemn sanction of Spain herself. The undersigned will further say, that whenever the transactions of the U. States, in relation to the boundaries of Louisiana and Flor ida, shall be a proper subject of discussion, they will be found not only susceptible of complete justification, but will demonstrate the moderation and forbearance of the American government, and their undeviating respect for the rights of their neighbors. The undersigned are far from assuming the exclusive right to decide, what is, or is not, a subject of uncertainty and dispute, with regard to the boundary of the District of Maine. But until the British Plenipotentiaries shall have shown in what respect the part of that boundary which would be affected by their proposal, is such a subject, the undersigned may be permitted to assert that it is not. The treaty of 1783, described the boundary as a line to be drawn along the middle of the river St. Croix, from its month in the bay of Fundy, to its source, and from its source directly north to the highlands which divide the rivers thufc fall into the Atlantic ucean from those which fall into the river St. Lawrence, and thence along the said highlands to the northwesternmost head of Connecticut river. Doubts having arisen as to the St. Croix, designated in the treaty of 1783, a provision was made by that of 1794, for ascertaining it rand it ma % v be fairly inferred, from the APPENDIX. 345 limitation of the article to that sole object, that even in the judgment ot G. Britain, no other subject of controversy existed in relation to the extension of the boundary line from the source of that river. That river and its source having 1 been according;!) ascertained, the undersigned, are prepared to propose the appointment of commission ers by the two governments, to extend the line to the highlands, conformably to the treaty of 1783. The pro posal, however, of the British. Plenipotentiaries was not to ascertain, but to vary those tines in sucli manner as to se- iuire a direct communication between (Juei.-ec and Hali fax ; an alteration which could not be effected without a cession by the U. States to G. Britain of all that portion ot the state of Massachusetts intervening- between the pro vince of New Brunswick and Quebec, although unques tionably included within the boundary lines fixed by that freely. Whether it was contemplated on the part of G. Bntain to obtain the cession, with or without an equiva lent iti frontier or otherwise, the undersigned, in stating 1 that they were not instructed or authorised to treat on the subject of cession, have not declined to discuss any matter of uncertainty or dispute which the British Plenipotentia ries may point out to exist, respecting the boundaries in that or in any other quarter, and are, therefore, not liable to tl^e imputation of having rendered their powers on the subject nugatory or inadnussibly partial in their operation. The British Plenipotentiaries consider the undersigned us having declared, that the U. States will admit of no line of boundary between their territory and that of the Indian nations because the natural growth and population of the U. States would be thereby arrested. The under signed, on the contrary, expressly stated in their last note * that U*e lands inhabited by the Indians were secured to them by boundaries, defined in amicable treaties between them and the United States: but they did refuse to as sign, in a treaty of peace with G. Britain, a definitive and .permanent boundary to the Indians, living within the lim its of the 0. States. On this subject, the undersigned have no hesitation in avowing, that the U. States, while intend ing never 10 IN .quire lands from the Indians otherwise than peaceably, and with their free consent, are fully determin ed in tlr.it iuanner, progressively, and in proportion as their 44 3,46 APPENDIX. growing population may require, to reclaim from the state of nature, and to bring 1 into cultivation, every portion of the territory contained within their acknowledged boundaries, In thus providing for the support of millions of civilized beings, they will not violate any dictate of justice or hu manity, for they will not only give to the few thousand sav ages, scattered over that territory, an ample equivalent for any right they may surrender, but will always leave them the possession of lands more than they can cultivate, and more than adequate to their subsistence, comfort, and en joyment, by cultivation. If this be a spirit of aggrandizement, the undersigned are prepared to admit, in that sense, its existence j but they must deny that it affords the slightest proof of an in- trntion not to respect the boundaries between them and European nations, or of a desire to encroach upon the ter ritories of G. Britain. If, in the progress of their increas ing population, the American people must grow in strength proportioned to their numbers, the undersigned will hope that G. Britain, far from repining at the prospect, will con template it with satisfaction. They will not suppose that that government will avow, as the basis of their policy to* wards the U. States, the system of arresting their natural growth within their own territories, for the sake of pre serving a perpetual desert for savages. If G. Britain has made .sacrifices to give repose to the civili/ed world in Europe, no sacrifice is required from her by the U. States to complete the work of general pacification. Thisnego- ciation at least evinces, on their part, no disposition to claim any other right, than that of preserving their inde pendence entire, ad of governing their own territories \vithout foreign interference. Of the two proclamations, purported copies of which the British Plenipotentiaries have thought proper to enclose with their last note, the undersigned iright content them selves with remarking , that neither of them is the act of the American government. They are enabled however to add, with perfect confidence, that neither of them was authorised or approved by that government. The under signed are not disposed to consider as the act of the British government, the proclamation of Admiral Cochrane, here with enclosed, exciting a portion of the population of the APPENDIX. 347 U. States, under the promise of military employment, or of free settlement in the West- Indies, to treachery and re- bellicri. The undersigned very sincerely regret to be obliged to say, that an irresistible mass of evidence, consist- ing principally ot the correspondence of British officers and agents, part only of which has already been published in America, establishes beyond all rational doubt, the fact, that a constant system of excitement to those hostilities was pursued by the British tradt rs and agents, who had ac cess to the Indians, not only without being discountenanc ed, but with frequent encouragement by the British au thorities; and that it they ever dissuaded the Ind.ans from commencing hostilities, it was only by urging them, a> m prudence, lo suspend their attacks, until G, Britain should recognize them as her allies in the \var. When, in the conference of the 9th nit. the undersigned invited discussion upon the proposal of Indian pacification and boundary, as well as upon all the subjects presented by the British Pienipotentiares for discussion, they expressly stated their motives to be, 1st, to ascertain by discussion whether an article on the subject could be formed to which they could subscribe, and which would be satisfactory to the British Plenipotentiaries ; and 2dly, that if no such ar ticle could be formed, the American government might be informed of the views of G. Britain upon that point, and the British government of the objections on the part of the U. States, to any such arrangement. The undersigned have, in fact, already proposed no less than three articles on the subject, all of which they view as better calculated to secure peace and tranquil ity 10 the Indians, than any one of the proposals for that purpose, made by the British Plenipotentiaries. The undersigned had repeated their assurances to the British Plenipotentiaries, that peace, so far as it depended on the U. States, would immediately follow a peace with G. Britain, and added, that the Indians would thereby be reinstated in the same situation in which they stood before the commencement of hostilities. The British Plenipo tentiaries insist, in their last note, that the Indian nations shall be included in the treaty of peace between G. Britain and the U. States, and be restored to all the rights, privi leges, and territories which they enjoyed in the year 1811, APPENDIX. previous to the commencement of the war, by rirtue ot the treaty of Greenville, and the treaties subsequently con cluded between them and the U. States. Setting-" aside the subject of boundary, which is presented as for discus sion only, there is no apparent difference with respect to the object in view; the pacification and tranquility of the Indians, and placing- them in the same situation in which they stood before the war, all which will be equally obtain ed in the manner proposed by the undersigned, and the only point of real difference is", the British Plenipotentia ries insist that it. should be done by including the Indians, as sillirs of G. Britain, in the treaty of peace between her and the U. States. The U. States cannot consent that Indians residing with in their boundaries, as acknowledged by G, Britain, shall be included in the treaty of peace, in any manner which will recognize them as independent nations, whom G. Bri tain, having obtained this recognition, would hereafter, have the right to consider in ever\ respect, as such. Thus to recognize these Indians as independent and sovereign nations, would take from the U. States, and transfer to those Indians, all the rights of soil and sovereignlv over the territory which they inhabit; and this being accomplished through the agency of G Britain, would place them effectu ally and exclusively under her protection, instead of being, as heretofore, under that of the U. States. It is not. per ceived in what respect such a provision would differ from an absolute cession by the U. States of the extensive terri tory in question. The British Plenipotentiaries have repeated the assertion, that the treaty by which the Indians placed themselves un der the protection of the U. States, was abrogated by the war ; and thence inter, that they are no longer to be con sidered as under the protection of the U. States, whatever may be the import of the term ; and that the right of G. Bri tain to interfere in their behalf in the negociation of peace, can only be denied on the ground that they are regarded as subjects. In point of fact, several of the tribes, parties to the treaty of Greenville, have constantly been, and still are, at peace with the U. States. Whether that treaty be, or be not abrogated, is a question not necessary to be now discussed. The right of the U. States to the protection of APPEND IK. 319 the Indians within their boundaries, was not acquired by ih.it treaty ; it was a necessary consequence of the sover eignty and independence of the IT. States. Previous to that time the Indians living within the samje territory, were under the protection of his Britannic majesty, as its sover eign. The undersigned may refer the British Plenipo tentiaries to all the acts of their own government, relative to the subject, for proof, that it has always considered this right of protection as one of the rights of sovereignty, which it needtd no Indian treaty to confer, and which the abroga tion of no Indian treaty could divest. They will particular ly bring to their recollection, that when a similar proposi tion of considering Indian tnoc-s as independent nations, to serve as a barrier between the French and English territo ries, was made by France to England, it was immediately rejected, by a minister to whom tlie British nation is accus tomed to look back with veneration, and rejected on the ex press ground, that the king would not renounce ins right to. protection over the Indians within his dominions. But whatever the relation of the Indians to the U. States may be, and whether under their protection or not, G. Britain having by the treaty of 1783, recognized the sovereignty of the U. States, and agreed to certain limits as their bounda ries, has no right to consider any persons or communities, whether Indians, or others, residing within those bounda ries, as nations independent of the U. States. The U. States claim of right, with respect to all Euro pean nations, and particularly with respect to G. Britain, the entire sovereignty over the whole territory, and all the persons embraced within the boundaries of t G. Britain has no right to take cognizance o r i. subsisting between the several communities or persons liv ing therein. They form as to her, only parts of the domin ions of the U. States, and it is altogether immaterial, whether, or how far, under their political institutions and policy, these communities or persons are independent states, allies, or subjects. With respect to her and all other for eign nations, they are parts of a whole, of which the U. States are the sole and absolute sovereigns. The allegation of the British Plenipotentiaries, that it is inconsistent with the practice or principles of G. Britain to abandon in her negociations for peace, those who have co- 350 APPENDIX. operated with her in war, is not applicable to the Indians, but on the erroneous assumption of their independence, \vhich, so far as she is concerned has been fully disproved. And although no power from these tribes to the British government to treat in their behalf, would for the same rea son be admitted by the undersigned, they may nevertheless observe, that the British Plenipotentiaries having produced no such powers, having no authority to bind the Indians, to engage for tht-ir assent to the pacification, or to secure the continuance of peace on their part whilst speaking of them as aUies, do really propose to treat for them not as if they we e independent nations, but as if they were the subjects of C. Britain. The undersigned so far from asking that, in relation to the Indians, G. Britain should pursue a course inconsistent with her t ormer practice and principles, only desire that she \vou!d follow her own example respecting them, in her for- m r treaties with other European nations, and with the U. States. N<> provision tor the Indians is found in the treaty of 1703, by which France ceded Canada to G. Britain, al- thoiig- h almost all she Indians living svithin the territory ceded. or acknowledged to belong to G. Britain, had taken part with France n the vrar. N > such provision was insert ed in tiie treaty of pence of 1783, between G. Britain and the U. States, although almost ah the Indian tribes living within the territory recognized by the treaty to belong to the U. States, had during the war, co-operated with G. Bri tain, * -;id might have been considered as her allies more just ly thrm on the present occasion. So far as concerns the re lations betweer G. Britain and the U% States, these Indians can be treated for only on the principles by which -amnesties are stipulated .n lavor of disaffected persons, who, in times of war and invasion, co-operate with the enemy of the na tion to which they belong. To go as far as possible in se curing the benefit of the peace to the Indians, now the only object profess* d by the British government in their present sine qua new, the undersigned offer a stipulation in general terms, that no person or persons, whether subjects, citizens, or Indians, residing within the dominionsof either party, shall be molested or annoyed, either in persons or their property, for any part they may have taken in the war between the U. States and G. Britain ; but shall retain all the rights, privi- APPENDIX. 351 leges and possessions, which they respectively had at the commencement of the war ; they, on their part demeaning themselves peaceably, and conformably to their dat.es to the respective governments. This the undersigned have no doubt will effectually secure to the Indians peace,ifihey themselves will observe it, and they will not suppose th;t G. Britain would wish them included in the peace but up on that condition. The undersigned have never intimated that their govern ment had not furnished them with any instructions since Jan uary last. On the contrary, they distinctly told the Butish Plenipotentiaries in conference, though it appears to have escaped their recollection, that instructions had been re ceived by the undersigned, dated at the close of the month of June. The undersigned will now add, that those in structions were drawn with a full knowledge of the gener al pacification in Europe, and with so liberal a considera tion of its necessary bearing upon all the differences that had been until then subsisting between G. Br tain and the U. States, that the undersigned cannot doubt that peace would long since have been concluded, had not an insu perable bar against it been raised by the new and unprece dented demands of the British government. With respect to the proposition winch the British Pleni potentiaries inform them they will be prepared to make, in relation to the Canadian boundaries, which appears to them so entirely founded on principles of moderation and just-.ce, but the nature of w Inch they think proper at present to \\ ith- hold, the undersigned can only pledge themselves to meet any proposition from the British Plenipotentiaries, character ized by moderation and justi ce, not only with a perfect re ciprocity of those sentiments, but with a sincere and earnest desire te contribute to the restoration of peace, by every compliance with the wishes of G. Britain, compatible with their duty to their country. The undersigned have the honor of tendering to the British Plenipotentiaries, the renewed assurance of their consideration. J. Q. ADAMS, J. A. BAYAPtD, H. CLAY. JON A. RUSSELL, A. G ALL ATI N, APPENDIX. The British to the American Commissioner^ GHENT, Oct. 8, 1814. The undersigned have the honor to acknowledge the receipt of the note of the Plenipotentiaries of the IT. Slates, dated on the 29 ult. As the continuance of the negociation exclusively de pends upon the question relating to the pacification mid rights of the Indian nations the undersigned are Unwilling to extend their observations to the other subjects brought forward in the note of the American Plenipotentiaries, further than may be required for necessary explanation. In adverting for this purpose to the acquisition of Louis iana, the\mdersigned must observe, that the instrument by which the consent of his Catholic majesty is alledged to have been given to the cession of it, has never been made public. His Catholic majesty was no party to the treaty by which the cession was made, and if any sanction has been subsequently obtained from him, it must have been, like other cotemporaneous acts of that monarch, involun tary, and as such cannot alter the character of the trans action. The Marquis of Yrojo, the minister of his Catho lic majesty at Washington, in a letter addressed to the President of the U. States, formally protested against the cession, and the right of France to make it. Yet, in th face of this protestation, so strongly evmcingthe decided opinion of Spain as to the illegality of the proceeding* the President of the U. States ratified the treaty. Can it be contended that the annexation of Louisiana, under such cir cumstances, did not mark a spirit of territorial aggrandize ment ? His Britannic majesty did certianly express satisfaction when the American government communicated the event, that Louisiana, a valuablecolony in the possession of France, with whom the war had just been renewed, instead of re maining in the hands of his enemy, had been ceded to the U. States, at that time professing the most friendly dispo sition towards G. Britain, and an intention of providing for her interest in the acquisition. But the conditions un der which France had acquired Louisiana from Spain, were not communicated ; the refusal of Spain to consent to its alienation was not known ; the protest oi her einbas- sador had not been made, and many other circumstances APPENDIX. attending the transaction, on which it is now unnecessary to dilate, were, as there is good reason to believe, industri ously concealed. The proof of a spirit of aggrandizement, which the un dersigned hul deduced from the hostile seizure of a great part of the Floridas, under the most frivolous pretences, remains unrefnted 5 and the undersigned are convinced that the occasion and circumstances under which that un warrantable act of aggression took place, have given rise throughout Europe to but one sentiment as to the character of the transaction. After the previous communication which the under signed have had the honor of receiving from the Ameri can Plenipotentiaries, they could not but feel much surpriz ed at the information contained in their last note of their having received instructions dated subsequently to Janu ary, 1814. The undersigned have no recollection what ever of the American Plenipotentiaries having communicat ed to them, either collectively, or individually at a confer ence or otherwise, the receipt of instructions from the gov ernment of the U States dated at the close of the month of June, and they must remind the American Plenipotentia ries that their note of the 9th ult. distinctly stated that the instructions of January, 1814, were those under which they were acting. If therefore, the American Plenipotentiaries received instructions drawn up at the close of the month of June, with a liberal consideration of the late events in Eu rope, the undersigned have a right to complain, that while the American governmentjustly considered those events as having a necessary bearing on the existing differences be tween the two countries, the American Plenipotentiaries should nevertheless have preferred acting under instruc tions, which, from their date, must have been without the contemplation of such events. The British government never required that all that por tion of the state of Massachusetts intervening between the province of New Brunswick and Quebec, should be ceded to G. Britain, but only that small portion of unsettled coun try which interrupts the communication between Halifax and Quebec, there being much doubt whether il does not dread v belong to G. Britain. 45 354 A2PEKIHX. The undersigned are at a loss lo understand how vice Admiral Cochrane s proclamation illustrates any topic con^ nected with the present negotiation, or bears npoit the con clusion which they COP, tended was to be drawn from the two proclamations of the American Generals. These pro clamations distinctly avowing the inteutio > of the Ameri can government permanently to annex the Canadas to the U, States, were adduced not as a matter of complaint, but simply tor the purpose of proving- what had been denied as li fact, viz. that such had been the declared intention of the American government. The undersigned observe, that although the American P.t-nipotentiaries have taken upon themselves generally to deny that the proclamations were authorized or approved by their government, without stating in what mode that disapprobation was expressed, yet they avoid stating that the part of those proclamations containing the declaration in question, had nut been so authorized or approved. It is in deed impossible to imagine, thatif the American government hnd intimated an\ disapprobation of that part of General Hull s proclamation, the same declaration would have been as confidently repeated four months after by General Smyth. His majesty s government have other and ample means of knowing that the conquest of the Canadas and their an nexation to the U. States was the object and policy of the American government. For the present the undersigned will content themselves with referring to the remonstrance of the legislature of Massachusetts, in June, 1813, in which ibis intention is announced as matter of notoriety. The undersigned deny that the American government had proved, or can prove, that previous to the dee. aratior. of war by the U. States, persons authorized by the British government .endeavored to excite the Indian nations against the U. Slates, or that endeavors of that kind, if made by private persons, (which the undersigned have uo reason to believe) ever received the sanction ot his majesty s gov ernment. The American Plenipotentiaries have not denied that the Indian nations had been engaged in war with the U. States, before the war with G. Britain had commenced, and they have reluctantly confessed, that so far from his< majesty having induced the Indian nations to begin the war, as charged agamst G. Britain in the notes of the 24th APPENDIX. 355 Au. and 91 h nit. ibe British government actually exerted their endeavors lo dissuade the Indian nations from com mencing" it. As to the unworthy motive assigned by the American Plenipotentiaries to this interference, so amicably made on the pat t of G Br.tain, its utter improbability is sufficiently apparent from considering b\ which party the war was de clared. The undersign* d, thv -re fore, can only consider it as an additional indication ot that hostile disposition, which has led to the present unhappy war between the two coun tries. So long" as that disposition continues, it cannot but render any tftbrt 0,1 the partot G. Britain to terminate this contest utterly unavailing . The American Plenipotentiaries appear unprepared to state the precise ground upon which they resist the right of his Majesty to negociate with the U States on behalf of the Indian nations, whose co-operation in the war his ma- jesty has found it expedient to accept. The treaty ot Green viile, to the words, stipulations, and spirit of which the unders gaed have so frequently appeal ed, and all the treaties previously and subsequently made, between the U. States and the Indian nations, shew, be yond the possibility of doubt, that the U. States have been in the habit of treating with these tribes as independent na tions, capable of maintaining the relations of peace and war, and exercising territorial rights. If ihis be so, it will be difficult to point out the peculiar circumstances in the condition of those nations, which should either exclude them from a treaty of general pacifi cation, or prevent G. Britain, with whom they have co-ope rated as allies in the war, from proposing stipulations in their behalf at the peace. Unless the American Plenipo tentiaries are prepared to maintain what they have in effect advanced, that although the I dian nations may be inde pendent in their relations with the U. States, yet the cir cumstance of living within the boundary of the [T. States disables them from forming such conditions of alliance with a foreign power, as shall entitle that power to nego ciate for them in a treaty of peace. The principle upon which this proposition is founded* was advanced, but successfully resisted so far back as the treaty of M mister. An attempt was then made to preclude AiU ENDIX. France from negotiating in behalf of certain states and ciU ies in Germany, who had co-operated with her in the war, because although those states and cities might be consider ed as independent for certain purposes, yet being within the boundary of the German empire, they ought not to be allowed to become parties in the general pacification with the emperor of Germany, nor ought France to be permit ted in that negociation to mix their rights and interests with her own. The American Plenipotentiaries probably aware that the notion of such a qualified independence, for certain pur poses, and not for others, could not be maintained, either by argument or precedent, have been compelled to advance the novel and alarming pretension, that all the Indian na tions living within the boundary of the U. States, must in effect, be considered as their subjects, and, consequently, if engaged in war against the U. States, become liable to be treated as rebels, or disaffected persons. They hav e fur-i ther stated, that all the territory which these Indian nations occupy, is at the disposal of the U. States, that the United States have a right to dispossess them of it : to exercise that right, whenever their policy or interest may seem to them to require it : and to confine them to such spots as may be selected, not by Indian nations, but/ by the American gov ernment. Pretensions such as these G. Britain can never recognize : however reluctant his royal highness, the Prince Hegent may be to continue the war, that evil must be pre ferred, if peace can only be obtained on such conditions. To support those pretensions, and at the same time to show, that the present conduct of G. Britain is inconsistent Atith her former practice a.td principles, the American Plenipotentiaries have referred to the treaty of peace of 1783, to that of 1763, and to the negociations of 1761, dur ing the administration of a minister, whom the American Plenipotentiaries have stated, and truly stated, to be high in the estimation of his country. The omissions to provide in the treaty of 1783, for the pacification of the Indian nations, which were to be includ ed within the proposed boundary of the U. States, cannot preclude G. Britain from now negotiating in behalf of such tribes or nations, unless it be assumed, that the occasional non-exercise of a right is an abandonment of it. JNor can APPENDIX. 357 the right of protection, which the American Plenipoten tiaries have tailed in showing 1 to have ever been claimed by G. Britain as incident to sovereignty, have been transfer red by G. Britain to the U. States, by a treaty, to which the Indian nations were not parties. In the peace of 1763, it was not necessary for (;. Britain to treat for the pacification of the Indian nations, and the maintenance of their rights and privileges, because there had been no Indian nations living without the British boun- <D daries, who had co-operated with G. Britain, in the war against France. With respect to the negotiations of 1761, between Great Britain and France, on which the American Plenipoten tiaries more particularly rely, they appear, in the judgment of the undersigned, to have much misunderstood the whole course of that negociation. It is very true that the French go\ernment brought for ward, at one period of the negociation, a proposition by which a certain territory, lying between the dominions of the two contracting" parties, was to have been allotted to the Indian nations. But it does not appear that this formed a part of their ultimatum, and it is clear, that Mr. Pitt in his answer, did not object to the proposition. He objected in deed to the proposed line of demarkation between the coun tries belonging to the two contracting parties, upon the two grounds: 1st, that the proposed northern line would have given to France, what the French had themselves acknowl edged to be part of Canada, the whole of which, as enjoyed by his most Christian majesty, it had been stipulated, was to be ceded entirely to G. Britain : 2dly, that the southern part of the proposed line of demarkation would have includ ed within the i onndary of Louisiana, the Ciieerokees, the Creeks, the Clnckasaws, the Choctaws, and another nation, who occupied territories which had never been included within the boundaries of that settlement, So far was Mr. Pitt from rejecting, as alledged by the American Plenipo tentiaries, the proposition of considering Indian nations a barrier, that at one period of the negociation he complain ed that there was no provision tor such a barrier; and he thus energetically urges his objections, in his letter to Mr. Stanley, the British Plenipotentiary at Paris, dated on the 26th of June, 17<5l ; As to the fixation of new limits to 358 APPENDIX. Canada towards the Ohio, it is captious and insidious, thrown out in hope, if agreed to, to shorten thereby the ex tent of Canada, and to lengthen the boundaries of Louis iana, and in the view to establish, what must not be admit ted, namely, that all which is not Canada is Louisiana; whereby all the intermediate nations and countries, the true barrier to each province, would be given up to France. The undersigned confidently expect, that the American Plenipotentiaries will not again reproach the British gov ernment with acting inconsistently with its former practice and principles, or repeat the assertion made in a former note, that a deti ition of Indian boundary, with a view to a neutral barrier, was a new and unprecedented demand by any European power, and most oi all by G. Britain ; the very instance selected by the American Plenipotentiaries, undeniably proves that such a proposition had been enter tained both by G. Britain and France, and that Mr. Pitt on the part of G. Britain had more particularly enforced it. It remains only to notice two objections which the Amer ican Plenipotentiaries have urged against the proposal of Indian pacification, advanced by the undersigned ; first, that it is not reciprocal: secondly, that as the U. States could have no security that the Indian nations would con clude a peace on the terms proposed, the proposition would be in effect unilateral. The article now proposed by the undersigned, and here with enclosed, is free from both objections, and appears to them so characterized by a spirit of moderation and peace, that they earnestly anticipate the concurrence of the Amer ican Plenipotentiaries. In making a last effort in this stage of the war, the under signed are not apprehensive that the motives which have influenced his royal highness the Prince Regent, to direct a renewal of the proposition, with its present modifications, can be misunderstood or misrepresented. Whatever may be the result of the proposition thus offer ed, the undersigned deliver it as their ultimatum, and now wait with anxiety the answer of the American Plenipoten tiaries, on which their continuance in this place will de pend. APPENDIX. 359 The undersigned avail themselves of this opportunity of renewing to the American Plenipotentiaries, the assurance of their high consideration. GAMBTER, HE sRY GOULBURN, WILLIAM ADAMS. " The U. States of America engage to put an end, im mediately after the ratification of the present treaty, to hos tilities, with all the tribes or nations of Indians with \\hom they may be at war, at the tune of such ratification, and forthwith to restore to such tribes or nations, respectively, all the possessions, rights and privileges, which they may bave enjoyed or been entitled to in 1811, previous to such hostilities: provided always, that such tribes or nations shall agree to desist from all hostilities against the U. States of America, their citizens and subjects, upon the ratification oi the present treaU beii.g notified to such tribes or nations, and shall so desist accordingly. "And his Britannic majesty engages, on his part, to put an end, immediately afier the ratification of the present treaty, to hostilities, with all the tribes or nations of Indians with whom lie may be at war, at the time of such ratifica tion, and forthwith to restore to such tribes or nations res pectively, all the possessions, rights and privileges, which they may have enjoyed or been entitled to in 1811, previous to such hostilities : provided always, that such tribes or na tions shall agree to desist from all hostilities against his Bri tannic majesty and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. * The American to the British Commissioners. GHENT, October 13, 1814. The undersigned have the honor to acknowledge the re ceipt of the note of the Plenipotentiaries of his Britannic majesty, dated on the 8th instant. Satisfied of the impossibility of persuading the world that the government of the U. States was liable to any well founded imputation of a spirit of conquest or of injustice to wards other nations, the undersigned, in afford ing ex pi a na tions on several of the topics adverted to by the British 360 Plenipotentiaries during- this negociation, were actuated by the sole motive of removing erroneous impressions. Still influenced by the same motive, thev will now add, that at the time when the Spanish minister was remonstrating" at Washington against the transfer of Louisiana, orders were given by his government for its delivery to France : that it was, in fact, delivered a short time after that remonstrance 5 and that if the treaty by which the U. States acquired it had not been ratified, wouid have become, of course, a French colony. The undersigned believe that the evidence of the assent of Spam to that transfer has been promulgat ed. They neither admit the alledged disability of the Spanish monarch, nor the inference which the British Plenipotentiaries would seem to deduce from it; on the contrary, the assent was voluntarily given in the year 1804, by the same king who, about the same time, ceded Trini dad to G. Britain, and prior to the time when he was again engaged in war with her. The cession by France was im mediately communicated to G. Britain, no circumstance affecting it, and then within the knowledge of the IT. States, being intentionally concealed from her. She expressed her satisfaction with it; and if in any possible state of the case she would have had a right to question the transaction* it does not appear to the undersigned that she is now au thorised to do so. After stating, generally, that the proclamations of Gen erals Hull and Smyth were neither authorized nor approv ed by their government, the undersigned could not have expected that the British Plenipotentiaries would suppose that their statement did riot embrace tke only part of the proclamations which was a subject of consideration. The undersigned had, indeed, hoped, that by stating in. their note of the 9th ultimo, that the government of the U States, from the commencement of the war, had been dis posed to make peace without obtaining any cession of terri tory, and by referring to their knowledge of that disposi tion, and to instructions accordingly given from July, 1812, to January, 1814, they would effectually remove the im pression that the annexation of Canada to the U. States was the declared object of their government. Not only have the undersigned been disappointed in this expectation, but the only inference which the British Plenipotentiaries havr APPENDIX. 361 thought proper to draw from this explicit statement, has been, that either the American government, by not giving instructions subsequent to the pacification of Europe, or the undersigned, by not acting under such instructions, gave no proof of a sincere desire to bring the present r^go- ciationstoa favorable conclusion. The undersigned did not allude, in reference to the alledged intention to annex Canada to the U. States, to any instructions given by their government subsequent y to January last, because, asking at this time for an accession of territory, it was only of its previous disposition that it appeared necessary to produce any proof. So erroneous was the inference drawn by the British Plenipotentiaries, in both res peels, that it was in vir tue of the instructions of June last, that the undersigned were enabled, in their note of the 24th of Aug. to state, that the causes ot the war between the U. States and G. Britain, having disappeared, by the mant.me pacification of Europe, they had been authorised to agree to its termination upon, a mutual restoration of territory, and without making the conclusion of peace to depend on a successful arrangement of those points on which differences had existed. Considering the present state of this negociation, the un dersigned will abstain, at this time from adducing any evi dence or remarks upon the influence which has been exerted over the Indian tribes inhabiting the territories of the U. States, and the nature of those excitements which had been employed by British traders and agents. The arguments and facts already brought forward by the undersigned, respectingthepoht cal condition of those tribes, render it unnecessary for them to make many observations on those of the British Plenipotentiaries on that subject. The treaties of 1763, and 1783, were those principally al luded to by the undersigned, to illustrate the practice of G. Britain. She did not admit in the first, nor require in the last, any stipulations respecting the Indians who, in one case, had been her enemies, and in the other, her allies, and who, in both instances, fell by the peace within the domin ions of that power against whom they had been engaged in the preceeding war. The negociation of 1761 was quoted for the purpose of proving, what appears to be fully established by the an swer of England to the ultimatum of France delivered cm 362 APPENDIX. the first of September of that year, that his Britannic ma jesty would not renounce his right of protection over the In- dian nations reputed to be within his dominions, that is to say- between the British settlements and the Mississippi. Mr. Pill s letter, cited by the British Plenipotentiaries, far from contradicting that position, goes stiii further. It states that * the fixation of the new limits to Canada, as proposed by France, is intended to shorten the extent of Canada, which was to be ceded to England, and to lengthen the boundaries of Louisiana, which France was to keep, and in the view to establish what must not be admitted, namely, that all which is not Carada is Louisiana, whereby all the intermediate nations and countries, the true barrier to each province, would be given up to France. This is precise ly the principle uniformly supported by the undersigned, to wit, that the recognition of a boundary gives up to the na tion, in whose behalf it is made, all the Indian tribes and countries within that boundary. It was on this principle that the undersigned have confidently relied on the treaty of 1783, what fixes and recognizes the boundary of the U. S. without making any reservation respecting Indian tribes. But the British Plenipotentiaries, unable to produce a solitary precedent of one European power treating for the savages inhabiting within the dominions of another, have been compelled, in support of their principle, to refer to the German empire, a body consisting of several independent states, recognized as such by the whole world, and seper- ately maintaining with foreign powers the relations belong ing to such a condition. Can it be necessary to prove that there is no sort of analogy between the political situation oi these civilized communities, and that of the wandering tribes of North American savages ? Jn referrng to what the British Plenipotentiaries repre sent as alarming and novel pretensions, what G. Britain can never recognize, the undersigned might complain that these alledged pretensions have not been stated, either in terms or in substance, as expressed by themselves. This, however, is the less material, as any further recognition of them by G. Britain is not necessary nor required. On the other hand, they can never admit nor recognize the principles or pretensions asserted in the course of this correspondence by the British Plenipotentiaries, and which, to them, ap pear novel and alarming. APPENDIX. 363 The article proposed by the British Plenipotentiaries, ia their last note, not including" the Indian tribes as parties in the peace, and leaving the U. States free to effect its object in the mode consonant with the relations which they have constant ) maintained with those tribes, partaking also of the nature of an amnesty, and being at the same time recip rocal, is not liable to that objection ; and accords with the views uniformly professed by the undersigned, of placing these tribes precisely, and in every respect, in the same sit uation as that in which they stood before the commence ment oS hostilities. This article, thus proposing only what the undersigned have so often assured the British Plenipo tentiaries would necessarily follow, if indeed it has not al ready, as is highly probable, preceded a peace between G. Britain and the U. States. The undersigned agree to ad mit it, In su -stance, as a provisional article, sunject, in the manner originally proposed by the British government, to the approbation or rejection of the government of the U. States, which, having given no instructions to the under signed on this point, cannot be bound by any article they may admit on the subject. It will, of course, be understood, that if, unhappily peace should not be the result of the present negociation, the arti cle thus conditionally agreed to shall be of no effect, and shall not, in any future negociation, be brought forward by either party, by way of argument or precedent. This article having been presented as an indispensible preliminary, and being now accepted, the undersigned re quest the British Plenipotentiaries to communicate to them the project of a treaty embracing all the points deemed ma terial by G. Britain ; the undersigned engaging on their part to deliver immediately after, a counter project with res pect to all the articles to which they may not agree, and on the subject deemed material by the U. States, and, which may be omitted in the British project. JOHN Q. ADAMS, J. A. BAYARD, H. CLAY, JONA. RUSSELL, A. GALLATIN. The British to the American Commissioners. GHENT, October 21, 1814. The undersigned have had the honor of receiving UK note of the American Plenipotentiaries of the 13th inst 64 APPENDIX. communicating- their acceptance of the article which -the undersigned had proposed on the subject of the pacification and rights of the Indian nations. The undersigned are happy in being thus relieved from the necessity of recurring* to several topics, which though they arose in the course of their discussions, have only an incidental connection with the difference remaining to be adjusted between the two countries. With a view to this adjustment the undersigned prefer- in g in the present state of the ncgoctation a general state ment or the formal arrangement of articles, are willing so far to comply with the request of the American Plenipoten tiaries contained m their last note, as to wave the advan tages to which they think ihey were fairly entitled, of requir ing from them the first project of a treaty. The undersigned having stated at the first conference the points upon which his majesty s government considered the discussions between the two countries as likely to turn, cannot belter satisfy the request of the American Plenipo tentiaries than by referring them to that conference tor a statement of the points which, in the opinion of his majesty s government \et remains to be adjusted. W .th respect to the forcible seizure of mariners from on "board merchant vessels on the high seas, and the right of the king of G. Britain to the allegiance of all his subjects, and with respect to the maritime rights of the British em pire the undersigned conceive, that after the pretensions as serted by the government of the U. States, a more satisfac tory proof of the conciliatory spirit of his Majesty s govern ment cannot be given than i;ot requiring any stipulation on those subjects, which though most important in themselves, no longer in consequence of the maritime pacification of Europe, produce the same practical results. On the subject of the fisheries the undersigned expressed with so much frankness at the conference already referred to, the viewsof their government, that they consider any further observations on that topic as unnecessary at the presenttime. On the question of the boundary between the dominions of his majesty and those of the U. States, the undersigned are led to expect from the discussion which this subject has already undergone, that the northwest boundary from the lake of the Woods to the Mississippi, the intended arrange ment of 1803, will be admitted without objection, APPENDIX In regard to other boundaries the American Plenipoten tiaries in their note of August 24th, appeared in some mea sure to object to the propositions then made by the under signed as the basis of uti possidetis. The undersigned are willing to treat on that basis, subject to such modifications as mutual convenience m \ y be found to require, and they trust that the American Plenipotentiaries will shew by their ready acceptance of this basis, that they duly appreciate the moderation of his majesty s government in so far con sulting the honor and fair pretensions of the U. States as in the relative situation of the two countries, to authorise such a proposition. The undersigned avail themselves of this opportunity to renew to the American Plenipotentiaries, the assurance of their high consideration, GAMBIER, H. GOULBURN, W. ADAMS. The American to the British Commissioners. GHENT, Oct. 24, ]814. The undersigned have the honor to acknowledge the receipt of the note of the British Plenipotentiaries of the 21st inst. Amongst the general observations which the undersign ed, in their note of the 24th Aug. made on the propositions then brought forward on the part of the British government, they remarked that these propositions were founded neith er on the basis of uti possidetis, nor on that of status ante bellum. But so far were they from suggesting the uti pos sidetis as the basis on which they were disposed to treat, that in the same note they expressly stated that they had been instructed to conclude a peace on the principles of both parties restoring whatever territory they might have taken. The undersigned also declared in that note, that they had no authority to cede any part of the territory of the U. States, and that to no stipulation to that effect would they subscribe ; and in the note of the 9th Sept. after hav ing shewn that the basis ot uti possidetis, such as was known to exist at the commencement of the negociation, give no claim to his Britannic majesty to cession of territory found ed upon the right of conquest, they added that even if the chances of war should give to the British arms a momeuta- 366 APPENDIX. ry possession of oilier parts of the territory of the U. States, such events would not alter their views with regard to the terms of peace to which they would g.ve their consent. The undersigned can now only repeat those declarations and decline treating upon the basis of uti possidetis, or up on* any other principle involving a cession of any part of the territory Of the U. States. As they have uniformly stated, they can treat only upon the principle of mutual re storation of whatever territory may have been taken by either party. From this principle they cannot recede, and the undersigned after the repeated declarations of the Bri tish Plenipotentiaries, that G. Britain had no view to ac quisition of territory, in this negociation, deem it necessary to add, that the utility of its continuance depends on their adherence to this principle. The undersigned having declared in their note of the 21st of Aug. that although instructed and prepared to enter into an amicable discussion of all the points, on which differ ences or uncertainty had existed, and which might hereaf ter tend to interrupt the harmony .of the two countries, they would not make the conclusion of the peace at all depend upon a successful result ot the discussion, and having since agreed to the preliminary article proposed b\ the British government, had believed that the negnciation already so long protracted, could not be brought to an early conclu sion, otherwise than by the communication of a project em bracing all the other specific propositions which G. Bntasn intended to offer. They repeat their request in thai res pect and will have no objection to a simultaneous exchange of the projects of both parties. This course will bring fairly into discussion the other topics embraced in the last note of the British Plenipotentiaries, to which the under signed have thought it necessary to advert at the present time. The undersigned renew to the British Plenipotentiaries the assurance of their his>h consideration. .1. a. ADAMS, J. A. BAYARD, JON A. RUSSELL, A. GALLATiN. H. CLAY, I lie tintishto tJie American Commissioners. GHENT, October 8 1st, 1814. The undersigned have the honor to acknowledge the re ceipt of the note addressed to them by the American Pleni potentiaries on the 24th ir.st. in which they object to the APPENDIX. 367 basis of all possidetis proposed by the undersigned as that on which they are willing to treat in regard to part of the boundaries between the dominions of his Majesty and those of the U. States. The American Plenipotentiaries in their note of the 13th inst. requested the undersigned to communicate to them the project of a treaty embracing all the points insisted on by G. Britain, engaging on their part to deliver immediate ly alter a coontre project as to all the articles to which they might not agree, and as to all the subjects deemed material bv the U. States, and omitted in the project of the under signed. The undersigned were accordingly instructed to wave the question of etiquette and the advantage which might result from receiving the first communication, and, confid ing in the engagement of the American Plenipotentiaries, communicated in their note of the *21st inst. all the points upon which they are instructed to insist. The American Plenipotentiaries have objected to one es sential part of the project thus communicated : but before the undersigned can enter into the discussion on this ob jection, they must require from the American Plenipoten tiaries that, pursuant to their engagement, thev will deliver a countre project containing all then 1 objections to the points submitted by the undersigned together wilh a statement of such further points as the government of the U. States con sider to be material. The undersigned are authorised to state distinctly, that the article as to the pacification and rights of the Indian nations having been accepted, they have brought forward in their note of the 21st inst. all the propositions thev have to offer. They have no farther demands to make, no other stipulations on which they are instructed to insist, and they are empowered to sign a treaty of peace forthwith in con formity with those stated in their former note. The undersigned trust, therefore, that the American Plenipotentiaries will no longer hesitate to bring forward in the form of articles or otherwise, as they may prefer, those specific propositions upon which they are empowered to sign a treaty of peace between the two countries. 0AM BIER, HENRY GOULBURN. W. ADAMS, 368 APJPEMrfX. TREATY OF PEACE. JAMES MADISON, PRESIDENT OF THE UNITED STATES OF AMERICA. To alt wid singular to whom these presents shall come, Greeting : WHEREAS a treaty of peace and amity between the U. States of America, and his Britannic majesty was signed at Ghent, on the twenty fourth day of December, one thousand eight hundred and fourteen, by the Plenipo tentiaries respectively appointed for that purpose ; and the said treaty having been, by and with the advice and con sent of the Senate of the U. States, duly accepted, ratified, and confirmed, on the seventeenth day $of February, one thousand eight hundred and fifteen j and ratified copies thereof having been exchanged agreeably to the tenor of the said treaty, which is in the words following, to \vit: Treaty of peace and amity between his tfritattnic Ma jesty and the United States of A werica. His Britannic majesty and the U. States of America, desirous of terminating the war which has unhappily sub sisted between the two countries, and of restoring, upon principles of perfect reciprocity, peace, friendship, and good understanding between them, have, for that purpose, appointed their respective Plenipotentiaries, that is to say : his Britannic majesty, on his part, has appointed the right honorable James lord Gambier, late Admiral of the white, now Admiral of the red squadron of his majesty s fleet, Henri/ Gonlburn, Esquire, a member of the imperial parliament and under secretary ol state, and William Adams, Esquire,, doctor of civil laws : and the President of the U. States, by and with Ihe advice and consent of the senate thereof, has appointed John Quincy Adams, James A. Bayard* Henry Clay, Jonathan liussell, and Albert Gallalin, citi zens of the U. States, who after a reciprocal communica tion of their respective full powers have agreed upon the following articles : ARTICLE THE FIRST. There shall be a firm and universal peace between his Britannic majesty and the United Stales, and between their respective countries, territories, cities, towns, and people* of every degree, without exception of places or persons. AU hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, a,s here- APPENDIX. matter mentioned. All territory, places and possessions whatsoever, taken from either party by the other, during the war, or which ma) he taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall" be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property ordinal ly captured in the said torts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other pri vate property. And all archives, records, deeds, and pa pers, either of a public nature, or belonging to private per sons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the bay of Passarnaquo< dy as are claimed by both parties, shall remain in the posses sion of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, un til the decision respecting the title to the said islands shall have been made in conformity with the fourth article ot this treaty. No disposition made by this treaty, as to such pos session of the islands and territories claimed by both par ties, shall in any manner whatever, be construed to aftect the right of either. ARTICLE THE SECOND. Immediately after the ratification of this treaty by both parlies, as hereinafter mentioned, orders shall be sent to the armies, squadrons, officers, subjects and citizens, of the two powers to cease from all hostilities : and to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifica tions of this treaty, it is reciprocally agreed, that .all vessels rind effects winch may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty -three degrees north, to the latitude of fifty degrees north, arid as far east ward in the Atlantic ocenn, as the thirty-sixth degree of west longitude from the meridian of Greenwich, shall be restored to each side. That the time shall be thirty days in all other parts of the Atlantic ocean, north of the equi noctial line or equator, and the same time tor the British 47 APPENDIX. and Irish channels, for the Gulf of Mexico and all parts- of the West Indies ; forty days for the North Seas, for the Baltic, and lor all parts of the Mediterranean ; sixty days for the Atlantic ocean south of the equator as far as the lat itude of the Cape of Good Hope ; ninety days tor every part of the world south of the equator ; and one hundred and twenty days for all other parts of the world, without ex ception. ARTICLE THE THIRD. All prisoners of war taken on either side, as well hy land as hy sea, shall be restored as soon as practicable after ihe ratification of this treaty, as hereinafter mentioned, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge in specie, the advances which may have been made by the other for the sustenance arid main tenance oi such prisoners. ARTICLE THE FOlfllTH. Whereas it was stipulated by the second article in the treaty of peace, of one thousand seven hundred and eighty- three, between his Britannic majesty and the U. States of America, that the boundary of the U. States should com prehend all islands within twenty leagues of any part ot the shores of the U. States, and lying between lines to be drawn due east from the points where the aforesaid boun daries, between Nova Scotia, on the one part, and Eiast Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia ; and whereas the several islands in the Bay oi Pas- sammaquoddy, which is part or the Bay of Fundy, and the island of Grand Menan in the said Bay of Fundy, a r e claimed by the IT. Slates as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to his Britannic majesty, as having been at the time of, and previous to, the aforesaid treaty of one thou sand seven hundred and eighty three within the limits ot tht province of Nova Scotia: in order, therefore, finally to decide upon these claims, it is agreed that they shall be re ferred to two commissioners, to be appointed in the fol lowing manner, viz. one commissioner shall be appointed hy his Britannic majesty, and one by the President ot the IT, States, by and with the advice and consent of the senate APPENDIX. 371 thereof, and the said two commissioners so appointed shall be sworn impartially to examine and decide upon the said claims according- to such e\idence as shall he laid helbre them on the part of his Britannic majesty and of the United States respectively. The said commiss oners shall meet at St. Andrews, in the province oi New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall, by a decla ration or report under their hands and seals, decide to which of the two contracting parties I he several islands aforesaid do respectively belong, in conformity with the true intent of the said treaty or peace of one thousand seven hundred and eighty -three. And it the said commissioners shall aoree in their decision, both parties shall consider such decision as final and conclusive. Jt is further agreed, that in the event of the two commissioners differing u pod all or any of the matters so referred to them, or in the event of both or either of the said commissioners refusing or de clining, or wilfully omitting to act as such, they shall make, jointly or separately, a report or reports, as well to the gov ernment of his Britannic majesty as to that of the U. States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon wh.ch thev, or either of them, have so refused, declined, or omitted to act. A;id his Bri tannic majesty, and the government ot the U. States here by agree to refer the report or reports of the said commis sioners, to some friendly sovereign or state, to be then nam ed for that purpose, and who shall be requested to decide on the differences which ma> be stated m the said report or reports, or upon the report of one commissioner, together with the grounds upon which the other commissioner shall have refused, declined or omitted to acl as the case may be* And if the commissioners, so refusing, declining, or omit- ting to act, shall also wilfully omit to slate the grounds up on which he has so done, m such manner that the said statement may be referred to such friendly sovereign, ov state, together with the report of such other commissioner* then such sovereign or slate shall decide ex parte upon tlu-. said report alone. And his Britannic majesty and the government of the U. States engage to consider the deci sion of some friend 1) sovereign or state tg be siicliand elusive on all the makers so referred 37g APPENDIX, ARTICLE T1E FIFTH. Whereas neither that point of the highlands lying due north from the source of the river St. Croix, and designat ed in the former treaty of peace between the two powers as the northwest angle of Nova Scotia, now the norlh-wes- ternmost head ot Connecticut river has not been ascertain ed ; and whereas that p >rt of I he boundary line between the dominion ot the two powers which extends from the source of ihe river St. Croix directly north to the abovementioned north-west nngle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean to the north-westernmost head of Connecticut river, thence down along the middle of the river to Use for ty-fifth degree of north latitude; thence by a line due west on said latitude until it str kes the river Iroquois or Cata- ragny,hasnot yet been surveyed: It is agreed that for those several purposes two commissioners shall be appointed, sworn and authorised, to act exactly in the manner direct ed with respect to those mentioned in the next preceding article, unless otherwise specified in the present article. The said commissioners shall meet at St. Andrews in the province of New-Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shull have power to as certain and determine the points abo e mentioned, in con formity with the provisions of the said treaty of peace of one thousand seven hundred a^d eighty-three, and shall cause the boundary aforesaid, from the souice of the river St. Croix to the river Iroqnois or Cataragny, to be survey ed and marked according to the said provisions. The said commissioners shall make a map of the said boundary, and an- ex to it ^ declaration under their ha tds and seals, certi fying it to be the true map of ihe said boundary, and par ticularizing the latitude and longitude of the north-west an gle of Nova Scotia, of the north- westernmost head of Con necticut river, and of such other points of the same bounda ry &* they may deem proper. And both parlies agree to consider such map and declaration as finally and conclu sively fixing the said boundary. And in the event of the said two commiss- oners differing, <r both, or either ot them, refusing or dec/miug, or wdfu -.ly omitting to act, such re ports, declarations, or statements, shall be .made by them, or either of thtm, and such reference to a friend ly sever- APPENDIX. 373 eign or state, shall be made, in all respects as in the latter part of the futirth article is contained, and in as full a man ner as if the same was herein repeated. ARTICLt THE SIXTH. Whereas by the former treaty of peace that portion of the boundary of Hie U. Stales irom the point where the fort \-fifth (iegreeot norlli latitude strikes the river Iroquois or Cataragny to the lake Superior, wasdeclared to be along 1 the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie, thence along the middle of said communication into sake Erie, through the middle at said fake until it arrives at the water communica tion into the lake Huron, thence through the middle of said lake to the water communication between that lake and lake Superior. 7 And whereas doubts have arisen what vas the middle cf said river, takes, and water communica tions, and whether certain islands lying in the same were \vithin the dominions of his Brt.mnic majesty or of the U. States : in order, therefore, finally to decide these doubts, they shall be refened to two commissioners, to be appoint ed, sworn, and authorised to act exactly in the manner di rected with respect to those mentioned in the next preced ing article, unless otherwise specified in this present arti cle. The said commissioners shall meet, in the first in stance, at Albany, in the state of New-York, and shall have power to adjourn to such other place or places as they shall think tit. The said commissioners shall by a report or declaration, under their hands and seals, designate the boundary through the said river, lakes, and water commu nications, and decide to \\lnch of ihe two contracting par ties the several islands lying within the said river, lakes, and water communications, do respectively belong, in con formity with the true indent of the said treaty of one thou sand seven hundred and eighty-three. And both parties agree to consider such designation and decision as final and conclusive. And in the event of the said two commis sioners differing, or both, or either of them, refusing, declin ing, or wilfully omitting to act, such reports, declarations, or statements, shall be made by them, or either of them, and such reference to a friendly sovereign or state shall be made in ail respects as in the la tier part of the fourth arti cle is contained, and in as full a manner as if the same was herein repeated. 374 APPENDIX* ARTICLE THE SEVENTH. It is further agreed that the said two last mentioned com missioners, after they shah have executed the duties assign ed to them in the preceding article, shall be, and they are hereby authorised, upon their oaths impartially to fix and determine, according to the true intent of the said treaty of peace, of one thousand seven hundred and eighty-three, that part of the boundary between the dominions of the two powers, which extends from the water communication be tween lake Huron and lake Superior, to the most north western point of the lake of the Woods, to decide to which of the two parties the several islands lying in the lakes, wa ter communications, and rivers, forming the said boundary, do respectively belong, in conformity with the true intent of the said treaty of peace of one thousand seven hundred and eighty-three ; and to cause such parts of the said bou.i- dary, as require it, to be surveyed and marked. The sasd commissioners shall, by a report or declaration under their hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and par ticularise the latitude and longitude of the most north- wes ternmost point of the lake of the Woods, and of such other parts of the said boundary as they may deem proper. And both parties agree to consider such designation and deci sion as final and conclusive. And in the event of the said Jwo commissioners differing, or both, or either of them re fusing, declining, or wilfully omitting to act, such reports declarations, or statements, shall be made by them, or eith er of them, and such reference to a friendly sovereign or state, shall be made in all respects, as in the latter part of the fourth article is contained, and in as full a manner as if the same was herein repeated. ARTICLE: THE EIGHTH. The several boards ot two commissioners mentioned in the four preceding articles, shall respectively have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. Duplicates of all their respective reports, declarations, statements, and de cisions, and of their accounts, and of the journal of their proceedings shall be delivered by them to the agents of his Britannic majesty, and to the agents of the U. States who jmay be respectively appointed and authorised to manage the business on behalf of theirrespective governments. The said commissioners shall be respectively paid in such man- APPENDIX. 4 tier as shall be agreed between the two contracting- parties, such agreement being to be settled at the time of the ex change of the ratifications of this treaty. And all other expences attending the said commissioners shall be defray ed equally by the two parties. And in the case of death, sickness, resignation, or necessary absence, the place of ev ery such commissioner respectively shall be supplied in the same manner as such commissioner was first appointed, and the new commissioner shall take the same oath or af firmation, and do the same duties. It is further agreed between the two contracting parties, that in case any of the Islands mentioned in any of the preceding articles, which Mere in possession of one of the parties prior to the com- me -cement of the present war between the two countries, should by the decision of any of the boards of commission ers aforesaid, or of the sovereign or state so referred to as in the four next preceding articles contained, fall within, the dominions of the other party, all grants of land made previous to the commencement of the war by the party hav ing had such possession, shall be as valid as if such Island cr Islands, had by such decision or decisions, been adjudg ed to be within the dominions of the party having had such possession. ARTICLE THE MXTH. The U. States of America engage to put an end, im mediately alter the ratification of the present treaty, to hos tilities, with all the tribes or nations of Indians with whom they may be at war, at the time of such ratification, and forthwith to restore to such tribes or nations, respectively, all the possessions, rights and privileges, which they may have enjoyed or been entitled to in 1811, previous to such hostilities: provided always, that such tribes or nations shall agree to desist from all hostilities against the U. States of America, their citizens and subjects, upon the ratification or the present treaty being notified to such tribes or nations, and shall so desist accordingly. And his Britannic ma jesty engages, on his part, to put an end, immediately after the ratification of the present treaty, to hostilities, with all the tribes or nations of Indians with whom he may be at war, at the time of such ratification, and forth with to restore to such tribes or nations respectively, all the possessions, rights and privileges, winch they may have enjoyed or been entitled to in the year 1811, previous 376 APPENDIX. to such hostilities : provided always, that such tribes or na tions shall agree to desist from all hostilities against his Bri" tannic majesty and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. ARTICLB THE TENTH. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both his Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shah use their best endeavors to accomplish so desirable an object. ARTICLE THE ELEVENTH. This treaty, when the same shall have i.-een ratified on both sides, without alteration by either of the contracting parties, and the ratifications mu tally exchanged, shall be binding on both parties, and the ratifications shall be ex changed at Washington, in the space of four months from this day or sooner if practicable. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty, and have thereunto affixed our seals. Done, in triplicate, at Ghent, the twenty-fourth day of December,one thousand eight hundred and fourteen. (L. s.) GAVIBFER, (L. s.) IIEiNRY GOULBURN, (L. s.) \\ I LLI AM ADA VI S, (i,. s.) JOHN Q. ADAMS, (i.. s.) .1. A. BAYARD, (L. s.) H. CLAY, (:L. s.) JONA. RTSSELL, (i,. s.) A GALLATIN. Now therefore, la the end that the said treaty of peace and amily may be observed with good faith, on the part of the U. States, 1, James Madi son, President as aforesaid, have caused the premises to be made public ; and I do hereby enjoin all persons bearing office, civil or military, with- in the U States, and all other citizens or inhabitants thereof, or bf ing within the same, faithfully to observe and fulfil the said treaty and every C -use and article thereof. In testimony whereof, I have caused fhe seal of the U. States to be affix- (L. s.) ed to these presents, and signed the same with my hand Done at the city of Washington, this eighteenth day of February, in the year of our Lord one thousand eight hundred and fifteen, and of the sovereignty and independence of the U. States the thirty ninth. By the President, JAMES MADISON. JAMES MONROE, Ming Secretary of State. LIST OF VESSELS TAKEN FROM GREAT BRITAIN, BY THE PUBLIC AND PRIVATE ARMED VESSELS OF THE UNITED STATES, DURL\G THE WdR. Names of vessels. | Taken by the Arrived at \ schY Whiting* , i 2 Dash Hampton Roads 2 brio; Ulysses Paul Jones Norfolk 3 briu; Gypsey do. New-York 4 brig Pickering do. [Gloucester 5 *hip Roba &. Bt fsej - do. (Charleston 6 ship Margaret X , 1 Teazer Portland 7 transport No. 60* ; i | f Madison Gloucester 8 brig Bloodhounds ,12j 61 Cora Annapolis 9 sloop N. Y Militia Putneyville 10-2o 1 i transport boats* do. lOgdensburg 21 ship Concord 4; Fame iSalem 22 !>rig E be do. do. 23 brig Herman Dolphin. do. 24-2; a brig; and sch r do. do. 26 ship Jane 14 Madison [Gloucester 27 ship Emperop Gun Boatsf St, Mary * 28 ship Experiment do. do. 29-32 i> ships and brigs do. do. 33 ch r Wade Revenue Cutterf lAmelia 34 brig Eliza : Madison palem 35-37 shallops Lion Marblehead 38 rig- | /Lion & Snowbird) do. 39 loop Endeavor Polly Salem 40 rig Juno Madison do. 41 hip do. Cape Ann 42 ri do. do. 43-45 ch rs Jefferson Salem 46 rig Wabisch Dolphin do. 47 ch r Ann Nonpareil (Charleston 48 ch r Pindar Gun Boatsf Amelia 49 lip Jarrett g 18 Fair trader palem 60-52 schooners do. do. 53 choooer Dolphin (made a cartel 64 ch r Ann do. ISalem 55-58 schooners feffer &. Dolphin do. 59 riff Dolphin do. 60 chooser Lion Marblehead 61 chooner Argus Portland 62 00{) Polly Salem 63 ch r Fanny Dolphin Baltimore 64-65 schooners Buckskin Salem 1 A r /e. Those marked with a [#]n>ere f/. B. Majesty s public vtwh Jlml those with a f flare U. S. public vessels* 48 378 APPENDIX* 66 brig Lamprey F. Essex]- Baltimore 67 ransporl bri^i* 197 do. ansomed C8 sch r Marj Ann Buckskin Salem 69 ship Mary : ; Dolphin do. 70 sch r Fair Trader Wiscasset 71 sch r Dilicent Polly Salem 72-73 2 schooners Snowbird do. 74 a snow 6 Rev. Cutterf Savannah 75 ?ch r Jane Dolphin Vlarblehead 76 ship Ann Green 1C Gossamer Boston 77 barrpie St. Andrews 8 Rapid 3 ort!and 78 Ibrisr Shamrock 6 10 Rev. Cntlerf Savannah 79 jsch r Sally Teazer made a carte? fW jsch r Nelson Buckskin Salem 81 schooner Fame do. 82 sch r 3 Brothers Wiley Reynard Boston 83 torque Cat he ri he Portland 8-1 brig Polly ransomed 85 -hip Henry : . Comet Baltimore 86 sch r Alfred Spencer do. 87 sch r Eliza Polly Salem 88 br. I/id) Sllerbroke -\ Marengo iN ew- York 89 br Eliza &. Esther Gov. M Kean Philadelphia 90 -hi;j Boyd 10 Globe do, 91 rio; tlaoa r I Mali Ida . do. 92 *ch!r Polly Wilev Revr an! Boston 93-95 1; iii;s * do. Wiscasset 05 -lw:-j !\7 ry Ann Pa i.l Jones Philadelphia 97 H assail I , 20 do. Savannah :>.ij4-iiarmony jj 2P Yankee New York 99 brig . do. made a carle 100 -nip Briganz-a 12 21 ^i om Baltimore 101 brisi Waldo Teazer Portland 102 scii r Ann /, Globe Baltimore 103 sh Prince Adolphus e 36 Gov M Kean Philadelphia 104 . ship Teaz* r Portland 105 sch r Harriet Hi jib Flyer Baltimore 106 brijr Ceres. John Salem 107 brig * Lynn Gloucester 108 iri^ SVilliam Rossie Boston 109"1 1 ii{)- &t bri^s do. ?>urnt 116 1 l brig vX. schooner 10S do, made a carte/ 118 sch r Industry Ben] Franklin New York 119 sch r Pt rseverance Nonsuch Charleston 120 ship Simon Clark 16 39 Globe Norfolk 121 Honduras Packet* j 12 Mary Ann Charleston 122 brig Amelia 10; n do. do. 123 -ch r Mary do. burnt 124 .schiM>ner do. made a cartel 125 seh r Union John bale-in 126 brie: Eliz.ibeih 4 12 John Salem 127-129 brigs do. ransomed 130-131 sch r & sloop Orlaudo Gloucester APPENDIX. 379 brig Gen. Blake Revenue CuCeif-Chai lesion bnsj BurkerHill do. b iy; James do. Fa! mouth *i\i\ Apollo 8 John Salt m hip Royal Bounty (0 2, J Yankee sunk *rig Mary 47 do made a cartel cfir Venus leazer Portland Msip O-b ,rn ;0 IB do. do nig Eliza Mftreugo New York iriv Richard Industry Marbleht-ad :-ii Nancy Fair Trader Salem iris; v# Bunker Hill New York chr. L^ander Providence trig Leonirfas 14 Mars Savannah chr Sky Lark Bunker Hill New York urk Lady Prevost Mirengo do. Friends Benj. Franklin .Boston >ri f Mary do. do. hip Jane 2 18 Rossie Sa!"m -hip John I 30 F. Presidenlf : PJiiiadelphia schi Teazer Portland ?:;ip Grenada 1, .->o Young Eagle Charleston -ch r Shadock - 10 do. do. barque Diana Hieh Flyer Savannah brig Ron buck K >sau;and Norfolk ^uip Guerriere* H F. Constitution! burnt aria; Lady Warren do. do. hii-j; Abona do. do. barque Harriet do. do. brig Dutchess F. C naressf do. bri^ Traveller do. do. brs^ Henry Yankee ^Newport ship Hope A* ell 14 25 Comet Baltimoie brig H zard 6 shin Waspf Boston sch r Phoebe Squaudo ^Portsmouth brig Thetis Yankee burnt brig Alfred do. do. brig An i elope Dolphin Salem ship Kitty Rossie [Portland sch r Spunk Fair Trader Salem sch r Providence Wiley Reynard New York iship Guayana Dromo Salem jbardoke of savoy Decatur do. ship Pursuit ship Evergreen Atla% Philadelphia Do phin {Salem |brig Sew Liverpool 4 Yankee (New York (ship Mary Ann 12 IS Hteh Flyer iCharleston phi Elizabetli iOj Surah- Ann do. [sch r James Dolphin Baltimore brig: Pursuit l Rapid Poriia&il Ibrig Tay do. do. ship Britannia ( Ibrig Howe ! \ Thrasher Dart do do 3*0 APPENDIX. brig Elizabeth Decatur Vewport ship Jamaica 7 2i High Flyer Baltimore brig Alert* 122 F. Essexf New-York transport ship* *78 do. nade a cartel brig King George do. i s ton ship i 25 Revenge J >rtland brig Ocean 1 2 o Saratoga Vew York brig Tulip Atlas Philadelphia ?hip Esther I 25 Montgomery Gloucester sch r Venus Saratoga ^e\v York ship Quebec 6 52 do do. ship Richmond 4 25 Thomas Portland ship Adonis 2 25 Montgomery Salern ship Patmouth 4 30 Thomas P(rtsmouth )ri;Tvvo Friends Benj Franklin dostou snow Two Friends 6 Dart do. brig William Rossie do. s -Vr Trial Leander Providence sch John &f George 1 Regulator Boston ^hip Poor Sailor Wilmington >ri ( 2; Dart Portland srh i Mary Ann Black Joke Norfolk brig Laura* 10 60 Diligent Philadelphia sch r Rising States do. do. ms Hannah j Montgomery Salem -ch r .Vlary i do. do. bri* >. Dart Castine brig Pomona 2 Decafur made a carfe! brig Devonshire do. .France odcr Concord do. burnt Vig H >pe do. made a cartel -ch r Minorca Wap Savannah m qur Charlotte Decatur Boston -tip Mariana Gov M Kean Norfolk jrig Diana Dartf Portland .) "1 J!~~ Teazer do. >rig Isabella do. do. ^ iip Decatur Marblehead 3 vessels Dolphin turnt - iip John }h 35 Comet Baltimore ship Commerce \\ 25 Decatur Portland >rior Industry 10 2C Comet Wilmington nvateer Nassau A 3C Dolphin Baltimore nvafeer brig 8 4C Rapid burnt ; -jor Tor Abbey Thresher Cape Ann ig Mary Beni. Franklin Charfaslon - up Princs Amelia 1 1 30 Rossie Savannah schooner Teazer Portland brig Marengo >e\vburypor[ brig Orient Teazer Portland Those in italic -^re Letters of M^rqur vp^sels. J TJiis Privateer came into t ne harbor <J Portland triumphant ly viOii : i fd on the deck of her prize ! ! ! APPENDIX. 381 237 schr Jenny Teazer Portland 238 *chr Adelia Rosamond New- York 239 (rig P.>ir.t Shares Baltimore Baltimore 240 jris San Antonio Marengo Philadelphia 24 i brig Detroit* 18 78 Gun Boatsf liurnt 242 sch r Caledonia* 4 16 do. Black Rock 243 *ch r Single Cap Matilda New Orleans 244 ch r Fame Nonsuch Savannah 245 *hi Phoenix 12 17 IMary Ann Charleston 246 brig Concord do. do. 247 brig Favorite 2 Industry Lynn 248 brig sir John Moore do. do. 249 brig lord Sheffield Marengo burnt 250 sch r Betsey Ann Fame Salem 251 brig William Montgomery do. 252 brig Henry John do. 253 *ch r Four Brothers Fame do. 254 sch r Four Sons do. do. 255-256 2 schooners Dart Portland 257 -ch r Antelope Rosamond Charleston 258 >ch r Dawson Wasp Savannah 259 in* Diamond .0 Alfred Salem 260 brig George 1;! do. do. 261 brig Neptune John do. 262 ship Jane do. do. 263 schooner Saucy Jack made a carte! 264. ^loop Louisa Ann Be j Franklin Portland 265 ship Venus Tvvo Brothers burnt 266 jr Jas &, Charlotte America Salem 267 brig Fr. Blake Nonsuch Chirleston 268 brig Swallow* 1 , 30 F. Presidentf B tlfimore 269 mg Porgie High Flyer Norfolk 270 ship Ned 10 1 6 John Sc George jnlem 271 sch r Sisters Fame do. 272 sch r Comet j Rapid Savannah 373 privateer Schorcher J ^0 do. burnt 274 sch r Mary do -ansoined 275 sch r Mary Hall ship Gen. Pikef Sackett s Harbor 376 sloop Elizabeth do. do. 2/7 transport schooner* do. burnt 278 brig Union ! Gen. Armstrong Boston 279 sch r Neptune Revenge Cape Ann 280 barque Fisher Fox Portland 281 brig Jatnes Bray Bunker Hill Boston 282 brio; lady Harriot Borders in Council;New York 283-285 3 vessels do ransomed 286 brig Freedom 6 Thorn ttarblehead 287 sch r America Fame &. Dromo Salem 288 >rig JoH Barlow Npw-Lomlon. 289 jacket John Ball* It ver destroyed 290 ship Arg<> \t 28 F Presidenif Baltimore 291 F Macedonian* 49 303 F Unitpd Statesf:Ne\v-York 292 ship J. Hamilton 16 30J Dolphin I Baltimore 382 APPENDIX. 293 .brig brig Argupf Hampton Roads 294? sch r Lorain Revenge ^hiiiadeiphia 295 brig Bacchus do. Salejii 29ti prig Venus I Polly : \ tu .;ab 2i*7 -306 iiine vessels Pa J riot ii.-k &. burnt 307 packet Townsend* ! Wj Tom nnsomed 308 >acket Burchail* Hit* Siivcr Baiiimuce 309 ch r 74 do. na<! a carte! 310 ^rig Criterion do. Niew.York 311 ch r iNeptuhe Revenge na(ie a cartel 312 jrig Neptune Roba Porfland 313 ch r Revenge ^urnt 314 3rig Fancy J **\ Bariow ew London 315 loop Nelly Reveiiyffl hfeiiattejjinia 3lG >rig Devonshire Decatur Vance 317 ch r Retaliation sew York 318 hip James 2 67 fren Armstrong eSt.ro ved 319 brig Two Brothers 3enj. Franklin New-Yrk 320 irig Active 18 Highflyer Charleston 321 brig- Dart or Maud 322 brig Pomona 8 Lm leifa&t 323 snip Betsey fl Rrvenge V^ilmington 324 brig Dart 8 America Salem 325 ship queen 40 Jen. Annstron V recked 326 brig Charlotte America Salem 327 sch r William * 30 Liberty Savannah 328 brig Recovery brig Argu?f New -York 329 brig Lucy &, Alida Revenge Norfolk 330-333 .hree vessels Jack s Favorite burnt 334 sch r Swift j Rolla d$. 335 sch r |5jp Holla ^adoa cartel 336 sloop Reasonble Liberty !estro}< d 337 sch r Maria to. ransouied 338 sch r Catherine 9 24 Lad 7 Madison Charleston 339 sch r Maria do. nade a cartel 340 ship Rio N >uva 18 26 Rolla New-York 341 sch r Rebecca lack s Favorite New London 342 brig Ned t)crac(ike 343 privateer Richard 4 I Ho kar Savnsuirth 344 ship Hope 12J America Marblehead 345 ship Ralph 10 do Portland 346 ship Euphemia 10 <?o. do. 347 brig- Decatur France 349 schooner Cl). do. 349 sch r Meadau \4 Sparrow ransomed 350 ship Mary Holla Newport 351 sch r Erin Eagle Charleston 352 >acket Nocton* \ F. Esscxf made U .S. vessel 353 )<i:c Birrossa Rolla Martha s Viney an 11 354 -ch r Mary Et*le Charleston ^5 hrig Peiiiiy Hui ter Boston j V v 356 857 ship Arabella jrig Andalusia I [) 9 Growler D Yankee New London (Savannah APPENDIX- 388 358-359 brig & sloop Yanlcee (ransomed 3bO P. Java* 49 -\; i l r\ Constitution! burnt 361 bri^ - Growler ransomed 362 ship Diligence* 2? 60 12 istport militia iMachias 363 schooner Gallinipper ransomed 3o4 ship Neptune 10] Decatur Portland 365-366 two vessels do. France 367 ship America Kennebunk 368 ship volunteer 12 P. Chesapeakef Ports mouth 369 ship do. burnt 370 sch r Ellen 20 S. Hornet f New Castle 371 ship Jane Spy New-Oriears- 372 sch f Prof Wales ;12 Growler ransomed 37* ship Aurora Holkarr Newport 374-375 two vessels Mars made cartel; 376 jbri Pelic,.n do. Charleston 377 ship 12 7*i Lady Madison New burn 378 brh; Emu* 10 Growler Mai blehead 379 [brig Ann rt) do. do. 380 briu; United wo s(and : Savannah 381 sch fSabihe ErieAIilitia ;burr,t 382 transport Canada* 88-3 brio; Isabella [2 120 Paul Jones made a cartel do. do. 384 brig 3 Brothers 12 Dolphin .New- York 385 sloop Mary Ann 4 Yankee burnt 386 privateer Andalusia 10100 do. Savannah 387 gch r George do. made a cartel 388 ship Albion ;j -2ft Hazard St. Mary s 383 brig Harriot H :-e Boslon oUO ship Nelson Decalur New Orleans 391 shir) Neptune Saraioga do. 392 ship 9 Bona Newport 393 briir 12 Dolphin New-London 394 schooner Lovely Lass New-Orleans 3S5 brig Shannon 12 Yankee Bristol 398 brig Ceres Paul Jones Chatham 397 ship Mentor 12 Saury Jack New-Orleans 398 ?ch r Huzzar Liberty Savannah 399 brig Resolution 10 ship Hornelf burnt *00 ship Peacock* 22 13 - do. sunk 4-01 brig \ntrim Saucy Jack New-Orleans 402 brig Fly Yankee Charleston 403 ischooner - do. Tarpaulin Cove 404 brig Earl Percy Chesapeakef New York 403 bnor Hero do. burnt 406 brig Rover 8 Alfred Salem 407 transport Alder* i Yankee Bristol 408 brig Rt- UM Paul Jones Chatham 409 bri-j; Tno/nas H Yaakee Boston 4 10-41 2 three vessels Snap Dragon burnt 413-415 hree vessels do. made cartels 416 sloop do. made a tender* 417-4-18 two vessels 1 Divided- we Fail ! ransomed 384 APPENDIX* 419 420-42 2 423 424 425 426 427 428 429 430 m 431 I 4.32 ( 433 I 434 1 435 } 436 1: 437 s 438 h e -4Q !.i 4OVJ 440 s 441 B 442 1 443 444 1 445 J 446 P 447 t 448 b 449 b 450 b 451 b 452 p 453 i 454 b 455 : : 456 i 457 - 458 459 i i) 460 B< 461 ,i 462 3 463 \ 464 :) 465 466 | 487 , 488 ! 489 5l brig-^ three vessels privateer Caledoni brig Tartar ender Fox* br London Packet sch r Farmer schooner mvateer Crown ship Francis brig Malvina brie; Charlotte Du. of Gloucester* priv. sch r Richard priv. sloop Dorcas Edward sch r Hope brig- ship Nancy schooner sch r Delight packet Mary Anu* ship Dromo Divided we Fall sunk do. -ransomed 5( sch r Nonsuchf Charleston Gen. Armstrong Georgetown t 2, Hero Mystic Paul Jones wrecked Sparrow jrivt-n up Wasp Machias If 30 rnilit volunteers WaidoborougU T. B. Yankee Brest. (France) 1C 30 Ned Wilmington Montgomery Salem 111 ship Madison Hackett s Harbor Holkar Savannah do. made a cartel 8 Alexander Salem do made a cartel Fox Portsmouth It York Town Bristol 8 -hip Gen. Pikef Sackett s Harbor Fame Vfachias ; .. 38 Gov. Tompkins Boston 1 Thomas Wiscasset do. ^oothebay 1 H Young Teazer ortland 10 do. do. do. do. Anaconda \ew London Globe )cracoke 14 do. Jeaufort Rolla S"ew Orleans 6 33; Thames ortsmoulli 14 40 Anaconda )cracoke Gov. Plumer *ortsmouth Anaconda H(!e a cartel 8 do. Sew Haven 10 Grand Turk alem Anaconda lew Bedford Fox orts mouth Liberty ^avannali 8 40 do. nade a cartel Gov. Plumer urnt Sahine do. Globe Ocracoke Grand Turk oriland D 30 Sire Charleston H Globe Beaufort , Siro ranee Paul Jones urnt Jnvinc. NapoleanJ. packet Ann* sc r Greyhound briar Mary br Kingston Packet )rii Mutiny >r S Geo. Prevost iv. L. Packet King s Packet* David Packet* !>hip Mary *hip William Urig Harriot brisr Mars sch r Pearl privateer sloop rig ig )rig Dinah h r Britannia hip Loyal Sam lip Venus hip Susan ship Seaton J This ship was originally a French priralf-rr. and caplurcd by II B. Majesty s ship Mutine ; re caplurp.d hy Ike. Alexander of Safein ; re re captured by his II. B Moje.sly afigale Shannon, and re-re-re captured by the Teazer of New-York, and sent tido Portland ! I! APPENDtX. 385 4to brig; Margaret 1( America Salem 471 ,tns. Ly. Murray* C) 22 L. of the Lakef Sackett s Harbor 472 rir Moton 1 i Yorktown made a cartel 4/3-475 vessels Young Teazer Portland 47ti orig Sally i Ben) Franklin nnsomed 477 brig Teazer New.York 478 brig Hero do. Castine 479 Vie Resolution Nancy Portland 480 orip; Bero F EssJxf burnt 481 >ris[ James & Sarah do. ransomed 482 )rig M irengo New London 483 )rig 6 Gen Armstrong Martha s Vineyard 484 brig James orders in council Xew York 486 brig Sally John Boston 486 irig Ann Teazer Portsmouth 487 )rig Thomas Decatur made a cartel 488 brig > Holkar Sew- York 489 oarque 14 Dolphin burnt 490 |- iip Betsey Revenge Wilmington 491 hip Eliza Yankee Boston 492 ch r Success Benj Franklin arisomed 493 ch r Lady Clark Bunker Hill \Vw- York 494 ch r Sally Wiley Reynan Boston 495 chV Blonde John ansomed 496 ch r Ann do. Salem 497 ch r Dorcas Liberty ansomed 498 loop Eagle* 4 13 Gun Boatsf \ew-York 499 )rig Union T B. Yankee Prance 600 hip Aurora do do. 501 hip 20 Rambler wrecked 502 hip Integrity T B Yankee Vorwjty 503 brig A very K; Yorktown. .Vew Bedford 504 hip Susan do France 505 hip Fox Hi 20 brig Argusf sunk 506 rh r Leonard T B Yankee do. 507 brig Betsey Jack s Favorit Plymouth 603-4 10 3 vessels America nade cartels 511 ch r . Fox ansomed * 612 rig Yankee Bristol 513-527 G B & 14 transp* 4 65 ! 2 row boatsf Sackett s Harbor 528 ch r Three Sisters Saucy Jack St. Mary s 529 ch r Gen. Hosford Decatur Savannah 530 >rig Nelly Fox >urnt 531 loop Peggy do. ansomed 532 ch r Broth. & Sister do. nrnt 533 brig Louisa do. h; 8>med 534 loop Fox do. Norway 535 loop William do. France 636 loop Ja & Eliza do. msomed 537 brig Chance do. Norway 638 Ibrig Mary do. burnt 539 [ship Venus Dolphin Salem 540 Ibrig Morton Yorktown Wilmingtoa 49 APPENDIX* 541 schY Dominico* 15 88 Decatur Charleston 542 hip Lon. Trader 2 do. do. 5^3-547 ive brigs Snap Dragon destroyed 548 privateer Fly 30 brig Enferprizef Portsmouth 549 sch r Ceres Yankee nade a cartel 550 barque Henrietta Snap Dragon 3eautort 551 brig Ann do. do. 552 sch r Flying Fish Saucy Jack ransomed 553 sloop Catherine do. Jape Henry 554 sch r Kate do. do. 55 ship Louisa 10 do. burnt 556 brig 3 Brothers 10 do. St. Mary s 557 brig Earl of Moira Industry Vlachias 558 schooner Terrible iattport 559-560 two vessels Swii tsure Vlachias 561 jsch r Louisa I 26 Expedition Newport 562 priva. Kg, of Rome 1040 brig Arguslf lestroyed 563 ship F. Presidenlf France 564 schooner- * do. do. 565-567 three vessels T. B Yankee do. 568-569 fwo vessels t . .Leo do. 57U brig Brutus fausemci! 571 schooner t*en. Armstrong >urnt 572 brig Boxer* 1896 brig Enterppzt-f Portland 573 schooner 1 1 Mate and crew Castine 574 schooner Terrible ransomed 575 h:. y ; Jaue Snap Dragon N ewbem 576 >r : t- (jrairtpus burnt 577 578 2 vessels Terrible Salem 57 a , -Vr Lilly Pilot ransomed 580 brig Mary Ann do. do. 581 brig Gen Armstrong lurnt 582-583 n brig and sloop Industry iVlachias 584 packet Lapwing* Rattlesnake jnade a car 585 -586 2 ships T.B. Yankee Prance 587 -foop Traveller Lark Alachias 58Q Duke ofMontrose* F. President! made a carte! 589 brig Jane snd Ann do. sunk 690 brig Daphne do. do. 591 ship Eliza 8 do. ransomed 592 brig Alert do. >urnt 593 barque Lion 8 do. ransomed 594 sch r High Flyer.* 5 do. Sfewport ship Industry T. B Yankee Norway 596 ship Lond. Packet 14 Argus Boston 597 brig Atlantic do. ransomed brig Jane do. made a cartel 599 arig Jane Snap Dragon ransomed 600 orig Venus do. made a cartel CO I scti r Elizabeth do. given up 602 b<-ig Harpy do. do. 603 barque Reprisal do. ransomed 604 pirvatecr Dart 45 R. cut. VigiHanlfi Newport APPENDIX, 3S7 tf05 sch r. Salamanca 6 1G brk Argusf .destroyed 60 tf brig Susannah do. unade a carte! 607 brig Richard do. hvnt 608 tmg Fuwey do do. 609 sloop Lady Francis do. do. 610 Uais Barbadoes* do. do. 611 rans. Alliance* do. do. 612 ch r Cordelia do. do. 613 ship Betsey do. France C14 shii> Mariner do. sunk 615 sloop do. France 6)6 brig Helena do. made a cartel 617 brig do. burnt 618 brig Diana & Betty do. do. 619 hip Defiance do. do. 620 brig Baltic do, do. 6*1 loop do. made a cartel 622 brig Belford do. sunk 623 lilot boat sch r do. do. 624 orig do. do. 625 ransport Julia* 1 2 202 ship Madisonf Sacketts Harbor 626 eh r Growler* 11 42 do do. 627-6*9 3 Gun boats* 6 45 do. do. 630 "31 a u boat* 2 15 do. burnt 631 Picket Morgiana* 18 50 Saratoga Newport 632 nip do. burnt 6^3 rig Sarah do. do. &** ch r Gen. Stark Machias 35 hip Economy Scourge & Rat Norway 636 ip Pax do. f tie Snake do. 637 Jiip Diligent do. do. 638 ch r Liberty do. do. 639 )rig Betsey do. do. 640 T\% Hope do. do. 641 hip Hull do. do. 6*2 hip Jol. Bachellor do. do. 643 hip Experiment. do. do. 644 brig Ruby do. do. 645 *iij> Britannia do. do. 646 ch r Prosperous do. do. 6*7 brig Burton do. do. 648 hip Latona do. do. 649 hip Friends do. do. 650 hip Nottingham do. do. 651 >r Westmoreland do. do. 652 rii Brothers do. do. 653 loop Perseverance do. do. 654 hip Harford do. do. 6o5 hip Thetis do. io. 656 >rior Brunswick do. do. 657-669 13 vessels Leo burnt Ii70 Gun boat* 1 60 Morgan s riflem Sacketts Harbor 671 ship Brutus Rattlesnake made a cartel 38$ AW1SN.DIX. 672 ch r Fame Saratoga wrecked 6T3 lip St. Lawrence America urts mouth 674-675 wo vessels Yankee made a carte! 676--69U 5 vessels Lady Cordelia estroyed 691 rig- do. vrecked 692 rig President Polly Savannah 6fcU rig Favorite 180 Yankee uade a cartel 694 rig Mary do. Ohathara 695. 696 wo ships Scourge Norway 697 ch r Katy Yankee New-Bedford 698 chooner Water Witch do 699 ch r Ann Gen. Srark Machias 700 loop Eliza Fini. Pickering Eastport 701 rig Dart do. JSalem 702 loop - Eastport Fort Sastport 703 1 G Hodgkinson Saratoga vrecked 704-710 even vessels Ogdeiisburg nail Ogdensburg 711 brig Edward Fox ?* >lly Landing 712 brig Jans toff Washington Portland 713 >riy; Loyd Saratoga Jurnl 714 ship Vesta 1 do. ahsomed 715 ship Fame do. New York 716 sch r Joseph 29 do. riade a cartel 717 Lady Cockburn do ransouied 718 Sir J Sherbroke 1 40 Saucy Jack ^t. Mary s 719 snip Manly 4 Reve. g Charleston 720 brig Caroline burnt 721 sch r Messenger Comet Wilmington 722 ship Montezuma 2 21 F. Essexf P u 723 -hip Policy ( 26 do. Boston 724 <hip Georgiana 6 2rt do. made ships ^ 725 ship Atlantic 8 ^^ do. of ar > 726 ship Greenwich 2 ft do of 20 guns ) 7*7 hip Hector j 2ri F. Essex Junior Peru 728 ship Catherine 8 23 do. do. 729 ship Rose 8 76 do. made a cartel 730 brig Jane i o r F. Congressf ournt 731 brig Diana H do. made a cartel 732 ship Rose do. sunk 733 3rig Eliza Wilmington 734 )rii? Agnes Saucy Jack burnt 735 blo.p John do ansomed 736 brig Abel Caroline Wilmington 737 brig Cossack Ge/i. Stark Geogeiowu 738 sch r Jasper Caroline do. 739 sch r Rebecca Grand Turk Portsmouth 740 sch r Agnes do. France 741 brig -Criterion Caroline Stonington 742 sch r F -nny Revenge Charleston 743 scn r Henry Roger do. 744 sch,r Maria j do. burnt 745 ship Nereid 10 Gov. Tompkins New- York ?i6-753^eight vessels T. B. Yankee burnt APPENDIX, 389 754 -hip Castor \ T.B.Yankee given up 755 ris* Active do. France 756 ;iip Watson do. do. 757 lip Cora do. do. 758 >ng Eliza < ! o. do. 759 ch r Traveller Frolic Squam. 760 V Ge. -rge Fly Ellsworth 761 )Op Experiment do. Machias 762 loop Vigilaut* -i JO Comet Wilmington 7tt3 schooner Petapsco Savannah 764 >r. Youns; Hrsband Gov. Tompkins Newport 765-773 nine vessels Comet sunk 774 brigTulloek 10 Fox Gloucester 775 ship Minerva do. Portsmouth 776 ship Gov Tompkins made a cartel 777 brig Isabella briiiRattlesnakef Wilmington 778 jsloop General Stark wrecked sch r Harmony Terrible (Portsmouth 780 s i ))0 p Humbird Surprize i Mac hi as 7Q 1 L 7oi brig IbrigRattlesnakef sunk 7 8 i bri r Fox burnt 78i jsch r Mary Macedonian ransomed 784 sloop Hope Philadelphia 785 ship Wanderer 7 F. President sunk 786 ship Edward 6 do. do. 787 sch r Jonathan do. do. 788 jrig Britannia Mars New Bedford 789 sch r Curfew Alfred Marblehead 790 irig Teruila do. jburnt 791 ship Galatea Chasseur Beaufort 792 ship James 12 T. B. Yankee France 793 ship- (0 do. do 794-795 two vessels Frolic destroyed 796 privateer 6 30 Leo Cape Franco!? 797 ship Sally Delile suiik 798 ship brig Enterprizef St. Mary s 799 3 rig Superb Mars Charleston 800 privateer Mare 14 bs. Ratl. &.Entf Wilmington 801 >rig Juno Grand Turk France 803 brig; Friends Diomede wrecked 803 sch r Sea Flower Tuckafioe burnt 804 -ch r Hazard do. do. 805 brig Sovereign America Portsmouth 806 ship Diana do. burnt 807 ch r William Diomede Savannah 808 sch r Mary do. Sfew-York 809 hrisBykar Fox. Gloucester 810 *ch r Hope Diomede Bristol 811 brig Rambler bs. Ratl. & Ent.f burnt 812 sch r Eliza do. do. 813 ship Lady Prevost Invincible Wilmington 8i4 sch Susan & Eliza Mars do. 15 sch r Viper Newport S90 APPENDIX. 816 schr. Jane Fairy Wilmingtoft 817 brig Falcon 10 America Charleston 818 Jrig Superb Mary New-York 8(9 sch r Viper Newport 820 ship John Saucy Jack Charleston 821 jrig Brothers America Spain 822 ship Victory 12 Viptr Camden 823--S26 four ships Rattlesnake Norway 827 ship do. France 828 >rig Elizabeth Caroline Charleston 829 ship Ann Catharine Saucy Jack Savannah 830 sch r Nimble do. tfeaufort 831 sch r Jason Caroline >urnt 832 schr. Kt^mp Jape Francois 833 schr. Tririitaria Saucy Jack Savannah 834-842 nine vessels Vm. l^eufchatel France 843-851 nine do. Comet destroyed 852-855 four vessels do. ransomed 856-857 two vessels do. Wilmington 858 irig Apollo ; America Salem 859 jrig Anne do. iaade a cartel 860 cutter Patty do. sunk 861 ^rig do. do. 862 rig Henry 6 Gov. Tompkms New York 863 iirig Abel do. Elizabeth City- 864 ship Invincible Wilmington 865 sch. Encouragement Frolic destroyed 866 brig Two Sisters Wasp Philadelphia 867 schr. Hope America burnt 868 schr. Sylph do. do. 869 sch r Eclipse Wasp Wrecked 870 sch r Cobham Jonqidlla Wilmington 871 brig; Louisa Kemp Elizabeth City 872 ship Hive Surprise Norfolk 873 sch r Picton* 8 20 1? . Constitutionf sunk 874 ship Lovely Ann do. made a cartel 875 sch r Phoenix do. sunk 876 brig Nimble Invincible Teneriffe 877 brig Ceres Grampus jurat 878 sch r Saratoga New-Bedford 879 sch. Friends Adv tr. Fox Wiscasset 880 brig Fanny Galloway Prance 881 brig F->x burnt 882 schr. Eliza Snap Dragon Beaufort 883 sch r Kentish Saratoga Fairhaven 884 schr. Prince Regent 10 Invincible ransomed S85 Butter Lyon do. given up 886 brig Portsea -; do. ransomed 68t brig Conway 11 do. Portsmouth 888 sch Francis &. Lucy do. made a cartel S89 8^0-591 brig James two vessels / Young Wasp do. France made cartel* $92 schr. / / boatAlertf Burliugtoa APPENDIX, -391 393 ship Union Rambler wrecked 894 jrijr Fair Stranger Fox Portsmouth 895 ransport Mary* 12 82 Rattlesnake Prance 896 -, r jor Expedition destroyed 897 sch r Miranda Chasseur do. 898 sloop Martha 4 20 do. made a carte! 899-900 two vessels do destroyed 901 sch r Adeline 20 Expedition New- York 902 }rig Experience Caroline wrecked 903 shi{> Experience Rapid Savannah 904 srh r Perry Norfolk 905 sch r Francis Midaa burnt 906 sch r Appellodore do. do. 907 sch r William 29 do. made a cartel 9<iU3 sloop Irwin 30 do. do. 909 brig Bellona Globe Barracoa 910 sch r Prince ship Adamsf burnt 911 sch r Industry do. do. 9i2 sloop do. given up 913 brig Roebuck do. made a cartel 914 ship Equity Rattlesnake burnt 915 ship Ads ton do. sunk 916 sch r Saratoga Fairhaven 917 sloop Regent do. sunk 918 schr. do. ransomed 919 sloop Epervier* 18 128 brig Peacockf Savannah 920 sloop Cygnet Saratoga Wilmington 921 sch r Diligence York destroyed 922 sloop Bonita Dclisle do. 923 brig Robert ZfbecUItor Charleston 924 brig Favorite Daxid Porter given up 925 brig 10 do. do. 926 ship Susan 12 do. ransomed 927 ship Doris do. do. 928 brig Curlew do. burnt 929 ibrig Rattlesnake Portsmouth 930 jship James Young Wasp ransomed 9il jbrig Swift 4 15 ZebecUltor Baltimore 932 brig Camelion Ma m mouth Portsmouth 933-934 f wo vessels Caroline destroyed 935-944 10 vessels Tom k Leo France 945 sch r Hope Pike iSaco 946 sch r Pickrel do. .sunk 947 ship Pelbain 12 Saucy Jack jCharleston 948 ship Fortuna Roger Beaufort 949 sch r Viper Newport 950 ship Phoebe Hawk Wilmington 951 brig Kutust ff K 40 Surprize Frankfort 952 sch. Young Farmer Henry Guilder [New- York 953 sch r Miranda Chasseur (burnt 9^4 |transport Martha* do. made a carte! 955 Ann Maria do. burnt 956 schr. William do. do. 392 APPENDIX. 657 hip Joanna Chasseur un& 958-959 wo vessels James Monroe urnt 960 ch r Brilliant Scourge Sostot- 961 hip Symmetry do. urnt 962 hip Winchester do. do. 963 brig Union do. do. 964. hip do. do. 965 loop do. (ink 966 >rig Dove Fox burnt 967 hip Jane do. made a cartel 968 )rig Balize 19 do. ortsmouth 969 hip Mermaid Gen. Pike )amarescotta 970 hip Commerce Lawrence Portland 971 hip Upton 6 04 Diomede Wiscasset 972 hip Hero 4 20 rrizeship Upton nade a carte? 973 brig Providence Diomede unk 974 Jrig Harmony do. do. 975 )rig Recovery do. do. 976 >rig Melpomene JB Chasseur Newport 917 )rig Britannia do. Jeaufurt 978 >rig Roger Norfolk 979 chooner Leo Newport 980 hip Henry Dundas Rattlesnake nadp a cartel 981 brig Indian Lass 30 Grand Turk Baltimore 982 brig Catherine do. jurnt 93 loon Caroline do. aniomed 984-988 5 Gun Boats* 180 Appling sn/fowi Sackett s Harb 989 ch r Traveller Diomede Phornastown 990 brig Ceres Lawrence 3 ort!and 991 hip Cod Hook Diomede Castiue 992 sch r Vittoria Hero Charleston 993 ship Joachim Ca PI line d->. 994 sch r Rob Hartwell Hero ^ewbern 995 brig Liddelle 16 Amelia made a carl el 99fc> brig Jesrie 20 do. burnt 997 sch r Ann 18 do. made a cartel 998- 999 two vessels Hero ransomed 1000 sch r Octavia Harrison Charleston 1001 bng Little Fox sloop Frolicf destroyed 1002 schooner do. do. U 03 sch r Funchell Hero Newbcro 1004 ship London Packet I! Chasseur Portsmouth 1005 brig Astrea ] Midas Savannah 1006 privateer Dash 40 do, do. 1007 sch r Union Amelia ransomed 1008 G B Black Snake* 20 barge Sackett s Harb 1009 >hip Friendship Revenge ilestroyed 1010 *chY Alert do. do. 1011 schY Active Fairy do 1012 sch r Mary Ann Revenge made a cartel 1013 brig Lord Nelson Zeber, Ultor burnt 1014 sc . r Nancy do. do. 1015 schooner do. do APPENDIX. utter Jubilee 1167 fceh r Alexandria 1 1 68 [brig Irish Miner 1169 brig Mary 1170 [brig Eliza 1171 Isch r Esperance H72 Lhip London H73 khip Postetiiwell 1 1 74 [brig Nancy 1175 kloop 1176 khip Detroit* 1 1 77 thip Q. Charlotte* 1 1 78 [brig Lady Prevost* 1179 prig Hunter* 1180 feloop Little Belt* 1181 Iseh r Chippeuay* H82 ftp. ConSauce* 1183 forig Linnet* ll4 feloop Chub* 1185 (sloop Finch* 1 186-11 881 iGun Boats* 1 1 89 transport Farmer* 1190 {brig Britannia llyl-1193|lhree brigs . Fortune of War I 1 95 (ship Corontaudel rig Cyrus loop Regulator rig Q. Charlotte hip Miines rig Lively ch r P Regent hip Dorris brig Willing Maid brig Polly ch r Sally >rivateer Lively 1 2 07 [ship Caledonia 1 2 08 brig Eagle 1 2 09 Ibrig Traveller rig Wellington rig Eliza kch r Ann I 2 1.3 transport Stranger* I2l4-121 6 three vessels Kelch Expedition ich r Charlotte Ann ch r William brig Eclipse rig Cathprine . sch r Retrieve packet Leith* schr. William 1199 1200 1201 12Q4 1218 1219 1220 1221 1222 1223 Whig made a cartel do jrut do ade a cartel do estroyed do r i rte a carte! 1 do ink do do do do Portsmouth rtland do dde acartcl j Perry s Fleet in in-Bay * I do do t* 1 do do 1 do do 1 ** do do 1 o do do Lv OQ WBono s Fleet- Platts burgh (10 20 ^^ do In 40 do do |i i 40 do do I 6 27 do sunk 1 Mammouth do do do | do burnt I S -Gun Boats Sapelo 1 2 6 York alii more do ade a cartel do hatham Surprize estroyed 2 5 do burnt 1 do do I do do do do | do do I 4 5 do do do do | 1 7 do aalem do i ansomed | do do do nade a carte* I 4 15 do do J 32 do do j do Salem 66 c >0 Fox do I Spark g iven up j Grampus Jew-Y r ork 1 Surprize ^ aco 1 Viper aiem fl4 Chasseur > ew-York G ampus rpcked | r x b urnt /sloop Peacockf do do. do 996 APPENDIX. 1225 1227 1229 1231 1232 1234 3235 1236 1237 1238 1239 1241 1242 124 S 1244 Iii4<5 1246 1247 1248 1250 1251 3254 1255 1256 1258 1259 1260. 1266 1267 I2b8 I*b9 12?0 r. Pegey & Ann utter Fly ing Fish rig Akron rig Harvest 1 230 two vessels rig Steady ch r James brig Coaliers rig Harmony rig Elizabeth hip Princess ?ilary ch r Eliza :mg Stranger schooner hip Hermesv; ioop Jane brigTritor rans ship Aaronca brig Apollo cutter Gen. Doyle sloop George br Bos wick Packet brigSibron brig Nymph brig Albion ship Harmony brig Charlotte rig Mary Ann ng Douglass 1257 Lauiicnes* nenlo. )iip Neptune . 1265 6 transports^* ch rAnn ria Susan hip James brig Jane 1274 1275 1276 ^277 1278 1 27i) 1 20 Ii8i ransport o jrig Concord brig Speculation br Sir J. Shrrbroke ihip Adv nturer ;hip Farmer sctTr Ann &L Eliza ship Urania ship Anisba brig Eliza ship Dobson ship Sallust fsloop Christiana [sloop Peacockf b urnl Sabine aco do. do. York i lacbias Green <J estroyed jPrin. Neufchatel^burttt do. do. Amelia do. do. oade a cartel do. ! >urnt 8 do. 1 Baltimore Whig i .i rut do i nade a carte! teloop Peacockf iburnt Leach (ransomed 28 175 Mobile Fort iblown up Prin. Neufchatel;burnt 2 do. unk 4 do. do. do. do. do. do. do. do. t| J 65] do. nade a carteH do. unk do. made a cartel 4 ; do. mrnt 4 do. ansomed 8 do. >urnt do. do. 10 do. Nan tucket 81 do. do. 20 do. sunk 8 Amelia New- York 6 37 Chauncey s Gig Sackett s Harb, her own crew .Machias Fox burnt Portsmouth Portsmouth Dash ransomed Leo Wilmington brig Eaglef Pittsburgh 2^ 130 ship Wasp Siro sunk made a cartel Grampus do. e 12 Syren burnt brig Syren do. Mam mouth do. i do. do. do. do. do. do. do. made a cartel do. burnt do, made a cartel 50 Chasseur do, APPENDIX, 1016 ich r Sambo zebec Ultor burnt 1017 schooner do. made a cartel 1018-i01 two vessels Yankee Portland 1020 ship St. Jose do. do. 1021 privateer Amnesty 1 24 Zebee Ultor jurnt 1022 sloop Tickler do. Wilmington 1023 sch r Rambler Perry do. SQ34 sch r Fairy 8 do. do. 1025 sch r Baiaboo* 6 >o do. do, 102 6- 1043 eighteen vessels do. lestroyed 1044 ship Frendship Herald Wilmington 1045 bomb vessels* OtiAimr.ey 8 gigf ^resque Isle 1046 ship Hugh Jones Ymkee Bristol 1047 sch r Fox Surprize nade a cartel 1048 S)rig David do. lestroyed 1049 brig Fidelity do. burnt It. 50 tender* 1 l Gun Boat No.88 Portsmouth 1051 sch r Ellen Herald Beaufort 1052 bria Duke of York Gen. Armstrong uurnt 1053 sloop George do. do. 1054 brigStfift do, lade a cartel 1055 brig Defiance do. fiurnt 1056 brig Friendship do. do. 1057 brig Stag do. do. 1053 ship Dorcna do. -unk 1059 sloop Henrietta do. Egg Harbor 1060 ship Berry Castle G Yankee ransomed 1061 [sch r Linnet Snap Dragon Newbern 10G2 sch r James do. : i>urnt 1063- 1 068 six vessels Prtn. Neufchatel France 1069 Render* 1 i20 N". London mii. New London 1070 ship Melville* 14 5C Fort Niagara ^ )Iown up 1071 brig Rambler ransomed 1072-1 073 britj; schooner brigRattlesnakef sank J074 brig Fortitude Surprize Jnion 1075 sch r Geo. Canning Gen. Armstrong i homastown 1076 ship Pizarro Midas avannah 1077 ; Espiranza do. do. 1078 brig Elsinore do. do. 1079-1082 Pour vessels Harrison ansomed 1083 (schooner do. Amelia 1084 (brig Betsey York Boston 1085 ship Alfred Harpey Wilmington 1086 ship Antonio do. do. 107-l08^two brigs do. hurnt 1089 sch r Henry Saratoga Mew Bedford 1090 -packet Elizabeth* 1 4! Harpey \nsomed 1091 (ship Hero i Ida riyannis 10*2 Coun ss of Hercourt 6*0 Sabine Wilmington 1693 packet Landraile* 4 S3 Syren New York i 094-1 09g two vessels do. destroyed 1096- U09 fourteen vessels Gov. Tompkins burnt 111! brig Betsey ty Mary v Kemp burnt APPENDIX, fin ship Calypso Kemp given up : li 2 bnu Caledonia do. ransomed 1113 br. New Frederick do. do. 1114 scbr. Contract Rogei^ Wilmington 115 transport Doris* li 55 Grampus Marb It-head t lt> shin Hoppet Saucy Jack Savannah 117 brig Kliza do. do. 1I8--U 19 two ships brig Syrenf burnt 120 barge* Stonington MilitiiStonington 121 schooner a barge do. 122 ship James 1 Portsmouth Portsmouth 11 23 achr Wary Shark iNew Orleans 1124 jrii Hunter if 20corvelte Adamsf sunk 1125 brig Mary do. do 1126 scnr. Favorite do. do 1127 s;ip Paris do. do 1128 schr. Maria do. do 1129 brio; Wirman Yankee Hyannis 1130 cu> f r Wasp Rattlesnake burnt 1131 bri., D^ver do do 1132 brijr Pickle Pike do 1133 schooner do made a car 1134 ?ch Industrious Bee do burnt 1135 achr. Venus do do 1136 3chr..L<jrd Nelson do do 113* schr. Hope do do 1138 schr. Jane 250 do made a cartel 1139 brisj Orient do sunk 11 M) brlsr J >hn do burnt 141 br. Kingston Packet Fox Portland 11 ^-1143 two vessels Herald Ocraeoke 1144 shi. Sam Cumming^ Pike wrecked f!45 ship Fiv** Sistf rs Dtuh ransomed 1146 , i;rq i* INeptune sloop Waspf destroyed 1U7 brig William do do 1148 jiria; Pallas do do mv) galliot Flenrietta do made a cartel 11.50 ship Orange Borer 8 do destroyed 1151 brig Regulator do do 1152 schr. Jenny 0(0 do 1 1 53 sloop Reindeer* >A 118 do burnt H54 schooner Leach ransomed 1155 brig fHeio Newbern 1156 brig Mars David Porter Boston 1157 brig: Cornwallis do made a carteS 11-58 ship Vester 6 do Boston 1159 brig Horatia do ransomed 1160 ship Tjiddle" Amelia made a carte? 1161 ship Jesse do- burnt 1 1 62 transport M nk* ship Lawrence^ Erie 1 :63 trans. Perseverancex do destroyed 1164 schr. Nancy* 2C do do 1165 tran?, Endeavof* Surprize do- g. : APPENDIX. 3rig Gen. Maitland Dash Portsmouth sloop Mary do. made a cartel <chr Fame Thorn as town schr. Pfgy Caroline made a cartel *lo(fp Ehza do. sank schr Mariner do. nade a cartel brig Stephen 4- 30 do. do. sloop Trinidad Jonquilla jurat brig Equity Orlando Boston br. Lord Wellington Diamond given up brig Margaret Young Wasp Philadelphia ship Hero 1 ! 27 IllO Boston brig Coliers Amelia burnt schr Nancy do. raasomed brig Harmony do. made a cartel tran?. Elizabeth* 30 do. burnt schr. Neptune P 18 do. ransomed ketch Caroline 10 do. do. ibrig Susan nail 21 do. made a cartel schr. Mary 1C 22 do. Philadelphia brig Pallas 8 ? 21 do. i do. ^hip Gea. Wellealey 8. 36 Yankee wrecked *}rig Paul Jones Portsmouth Gutter Eliza 106 Lawrence made a cartel brig Good Intent do. burnt Cutter Dart do, do. bria; Christian do. do, ?chr. Atalanta do. do. ! br Lord Wellingtoi Expedition do. ketch Expedition do. wrecked schr. Gold Finder Young Wasp Elizabeth City transport* 250 Cadet &, S.Jack wrecked sloop Gov. Hodgdon Dash [given up* brig Onty Son i 10 do. do. tender* ! 36 Bargef Charleston- transport* NLQrlpansinHitia burnt vYip Jane Harpey do. brig Wm. Neilsoa do. made a cartel schr. Nine Sisters do. burnt brig Louisa do. ransomed ship Wm &c Alfred do. do. transport Jane* do. made a cartel brig Courtney Yankee ransomed ship St Andrew c do. do. brig Speculator do. made a cartel brig Patriot Brutus Charleston brig Dantzic Paul Jones Machias tender* ; 2l Virginia militia Norfolk transport Cyrus* \ n L N. Orleansf burnt -1449 seven transports * 12 11 3 Launphesf Lake Borgne bris Petef Lawrence Beaufort bri -r John Perry Baltimore brig Nancy do. made a rartsl 400 APPENDIX. <453 schr. Warrior wrecked 1*54. i H ship William Charles Stewart Bafh 1455 brig Harrison ransomed 1456 schr do. do 1457 ship Mary 8 Little George Marble head 1458 feeder sciir. Brest* 2 14 Boatsf Charleston 1459 brig Kemp Osracoke 1460 sloop Enterprise Whig nade a carte? 1461 brig Brunswick do. <urnt 1462 schr Britannia do. do. 1463 brig Race Horse do. do. 1464 sehr. Mary Surprise do. 1 465 schr. Good Intent do. do. 1466 schr. Nancy . do. do. ;47 schr. Hazard do. do. ]468 schr. Sea Flower do. do. 1 469 schr. Lucy Ann do. made a carte" 1470 brig Forth do. burnt *471 ship Star < 26 do. Baltimore 1472-1473 two vessels Roger burnt 1*74 ship Ranger do. 1475 brig Athill 18 Lawrence France 1476 schr. George David Porter made a cnrte? 1477 iris; William Lawrence Beaufort 147S brig- Champlain Portsmouth 1*79 ing Susanna Sine qua non do. 1480 brig Flying Fish David Porter New Bedford 1481 ship Corona 8 i Chasseur WilniingtoH t482 >ack Lady Pelham* 10 40 Kemp do. 1483 >rig Sarah Warrior >?unk 1484 brig Ly Troubridg? 8 [no burnt 1485 ship Mary & Susan Chasseur Savannah I486 sch r Arrow America Salem 1487 sloop St. Lawrence* 14 85 Chasseur made a cartrl 1488 ship Adventure do. Charleston 1489 schr. Robert America destroyed 1490 sloop Jubilee do. do. 1491 sch r Hope do. Salem 1492 ship Emulation Syren Gracioso 1493 schr. Macdonough burnt 1494 schr. Ceres Reindeer do. !495 chr. William do. 1o. 1498 loop Unity do. made a carte? 1497 mg Daphne r do. ransomed 1498 br. Crown Prince Portsmouth Sedgwick 1499 ransport Juno* do. nade a carte! 1500 brig Ocean do. burnt 1501 brig Langton do. ransomed 1502 brig Adeona America Salem 1503 ch r Sultan Morgiana Wilmington 1504 brig Sarah Warrior Hirnt 1505 150ft $ irig Legal Tender ^rig David Porter Piin.Neufchattel Machia? sunk i285 1286 1287 1288 1289 1290 1292 1293 1^95 1297 13 13 1 1^02 1^04 1*1)5 13 7 1*08 1*09 1310 1315 1316 1317 1320 1321 1322-132 1324 1325 1326 1327 1328 1329 1330 l3.il 1332 1333 1334 1355 13 >6 1337 Prudence loop Favorite brig Cornvvallis ing Alert irin Harmony iiip Carlbury beaflower Kig Stranger loop Fortitude rig Venus rig Diana loop Leith Packet ir. William &, Ann .rig Pegg) & Jane }arque William hip Sir Ed Pellew rig Btllona rig Tritton uig Duck hi;> Mary ,jr. thinks I to myself h r Britannia rig Halifax Packet rig Harvest rVr Prince Regent riva Retaliation rjg C uuinerce .loop Farmer brig Britannia ,ch r Two Brothers brig Ann Eliza >rieUniza brig Anslf y brig Sarah brig Sir H Popham sch r Rapid ship Champion two vessels sch r Thomas ch r Good Intent brig Joseph Eliza sch r brig Atalanta brig Europa brig Canada sch r Fox* brig William brig Lulice brig Bon Accord transport Mary* r>rig Three Brothers brig Bacchus Chasseur burnt do. do. 00 do. made a carte! do. Mirnt 43 do. made a cartel do. Baltimore 4 16 ship Peacockf destroyed 8 20 do. do. do. do. do. do. 6 20 do. made a cartel do. lestroyed 10 40 do. do. do. do. do. do. 4 20 do. made a cartel 11 do. destroyed 10 do. do. 14 do. do. 15 do. do. 2 20 Dash orland 19 Harpy )urnt 40 do. ortsmouth York do. Dash Portland 5 20 Two Friends Jarnstablf Chasseur Charleston Mammouth sunk do. burnt 50 do. made a cartel do. burnt do. do. do. scuttled do, burnt do. do. do. do. 60 do. made a cartei do. destroyed 40 do. made a cartei 48 do. do. 102 do. made a cartel do. *iven up C. House barge Camden sloop Waspf Savannah 10* 22 Petapsco Wilmington io; Lawrence do. 2 26 by her own crew ! Newbern Chasseur do. 7 sloop Waspf turnt 7 dot sunk 2 10 do. burnt 7 do. do. 2 H do. do. 398 APPENDIX. ship Ann Dorothy Saratoga Boston tmg Hiram David Porter .ansomed brig Nancy Scourge >ew York ship Lord Hood do. uurnt bjrig Belrield do. do. brig Susan fy Jawie Fox do. scnY Retrieve do. do. brig Concord do. nade a cartel brig Cossac jrprize Boston sch r Pink Grand Turk -unk brig Brothers do. do. brigBelgr ade 5i do. made a cartel brig Robert Stewart do. burnt schr Commerce do. do. sohY Mary ^>- 3 urj>rize -uuk schY Bird Grand Turk aalem trans, ship Ocean* Gen. Putnam do. schY Georgiana Grand Turk do. sloop Scorpion do. sch r . do. -uuk sch r Eugene Midas do. sen* Stringer do. do. : u< i chY Betsey^* Jam Cadet Thomas town brig- JonquHlc ransomed sloop Saucy Jack do. sch r Mary do. do- sch KingstonPackef do. made a fender sloop Cyrus Packet tender burnt -loop Jane Saucy Jack made a carte! ship Amelia 1240 do. urnt schY Weasel do. St Mary s sch r Jane do. avaunah brig Louisa Macedonian urnt brig Britannia do. do. -hip Sir Ed Pettew 2 19 do. uuk schY Mariner ,22 do. made a cartel schY j Resolution Charleston brigS. B. 212 Kemp Charleston -hip Rosabel! 6o5 do. do. brig Ports ea 826 do. do. *hip Princess 2.i4 do. do. , c h r Young Wasp Ocracoke sch r Hazard Surprize burnt 13&S two vessels do. made a cartel -ch r Mary do. urnt brig Courtney Yankee ^airhaven sch r Polly Dash Joston sch r swift Expedition iachias ship Amiable Roger Vilmingtoit n;tfr Hero Seaufort ransport ship* Fort Bowyer lobile chY Ma -v Ann Cadet homastown >chY St. John Janqmtta ansorned scfaY do. nade a cartel APPENDIX. 401 ship Antigua Fox ;Portsnnouth ship Limerick Moryiana New York >rig Helen do. do. rig Piutus Youn<r Wasp given up ship Mary Ann do. do brie Lord Duncan Morsiana burr-t )ri2 Cossac 6 do. made a cartel scb r Rebolution K* mp Beaufurt -loop do. triven up s-hip Otway ;> do. ransomed )rig 18 42 do. do brie: Alexander Leo wrecked >Hg; Eagle Lawrence do irig Susannah F. Constitutionf New York brig ton! Nelson do. burnt hip Arabella Rambler Macoa >rig Madeira do i ven up <Hp Anne | 26 Zebec Ultor Sew York chr. Perseverance do. nurnt >rig John do. do. irig Maria Arabella do. do. loop Twins do. do. loop L Esperance do. do. loop Constitution do. do. brie Mohawk do. Baltimore hip Avon Mntomed hip Jacob Jones do rigate Cyane* M 7- ri^Constitulioirf New-York brig Baltic Grand Turk > 7 recked loop Busy America fiirnt ch r Black Joke do. do. loop Enterprise do. Tiadc a cartel jack, ship Elizabeth a 31 do. do. schr Patriot Rev.Cut Jeffer . Norfolk >ilot Boat Custom Hoiisf Eastpoit sch r Ontario N Y.Militn St. Vincents ship William bris; Vixei-f New York ship Hero TebKer Vlachias 1546 two sch rs Buskin Salem brig Paul Jones Norfolk brig Resolution Nnnt .y Portland b^g Ranker K *> i Matilda [Philadelphia sch r Peggy Wiley Reynard Portland ship Continentia Wasp Charlestou ship King; George Essexf Boston sch*r Two Brothers United we stand Newport -hip Commerce Dec, * rtiand ship Diaiia do do. brig Concord Mart fork ship Industry head ship Ned 10 6 Rt v >lem Sloop Bi*:;. Bar. ,arleston ; a!iy Gei.Wiiscintoc| do. 51 402 APPENDIX. 1561 brig John 1C I? Benj. Franklin Charlfstoii 15 62 schr. Robin Revenge or! land 1563 sloop Caroline Retaliation New-Yurk 1564 brig Ann Growler Salem 1565 ship Mentor Jack s Favorite Vew-Orleans 1566 brig Antrim do do. li>67 brig Emma Holkar Newport 1563 sch r Be :sey I8w^w. Prisoner* Campeachy 1569 sh. Ralph Nickerson America Salem is;o sloop Ontario - ackett s Harl 1571 sloop Earl Camden Yankee France * 1572 brig Elizabeth 2 8 do. do 1573 brig Watson 3 11 do. do 1574 brig Mariner do. do 1575 schr. Saucy Jack ?iven up 1576 ship Grotms Frolic Salem 1577 brig Jane Gordon i j 2t do. burnt 1578 schr. Hunter do. made a cartel 1579 schr Susan do. do 1580 schr Vigilant do. ransomed 1581 brig Maria i^rig. President-)- France 1582 sch r Falcon do. i do. 158* >rk r Jane Cordelia burnt 1684 sloop Little Phoenix do. do. 1585 slo >p Fame do. do. 1586 slooj Chance do. do. 1587 sch r D*ep Nine do. made a cartel 15,^8 sloop Watt do. do. 1589 slo Charming; Elisa do. sunk 1690 sloop Jamaica do. do. 1591 sch r Phoenix do. made a cartel 1692 brig Marquis Yankee New-Bedford 159S brig Concord Rattlesnake Norway 1594 schr Frigate Essexf sunk 1595 Tender* Virginia militia Norfolk 1596 ship Barclay P Es^exf Peru 1697 ship Ashum T B Yankee ^rance 1548 brig Trident Scourge burnt 1199 hris Haddock do do. 1600 sch r Columbia Portsmouth \ ewburyport 1601 orig Fire Fly Sabine Wilmington 1602 brig Mary Argo wrnt 1603 chr Eliza Portsmouth Machias 1604 t>rig Argo Surprise 3 ortland 16/5 :>rig Grampus do. 1606 trans Lord Keith 4 Mars Newport 1607 sdi r Elizabeth Globe burnt 1608 ship Pelham do. do. 1 609 brig Penguin* 22 [82 Hornetf unk 1610 |*hip Union (Peacockf burnt 1611 khip Venus 16/2 phip Brio do. made a cartel do. burnt Z6i3 (brig Nautilus* 4 iSO do. given op NEW BOOKS* FOR SAUE BY B. & J. 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