Showing posts with label War of 1812. Show all posts
Showing posts with label War of 1812. Show all posts

Tuesday, October 2, 2018

Last Will and Testament of Andrew Jackson, June 7, 1843

Hermitage, June 7th, 1843.

In The Name Of God, Amen: — I, Andrew Jackson, Sen’r., being of sound mind, memory, and understanding, and impressed with the great uncertainty of life and the certainty of death, and being desirous to dispose of my temporal affairs so that after my death no contention may arise relative to the same — And whereas, since executing my will of the 30th of September, 1833, my estate has become greatly involved by my liabilities for the debts of my well beloved and adopted son Andrew Jackson, Jun., which makes it necessary to alter the same: Therefore I, Andrew Jackson, Sen’r., of the county of Davidson, and state of Tennessee, do make, ordain, publish, and declare this my last will and testament, revoking all other wills by me heretofore made.

First, I bequeath my body to the dust whence it comes, and my soul to God who gave it, hoping for a happy immortality through the atoning merits of our Lord Jesus Christ, the Saviour of the world. My desire is, that my body be buried by the side of my dear departed wife, in the garden at the Hermitage, in the vault prepared in the garden, and all expenses paid by my executor hereafter named.

Secondly, That all my just debts to be paid out of my personal and real estate by my executor; for which purpose to meet the debt my good friends Gen’l J. B. Planchin & Co. of New Orleans, for the sum of six thousand dollars, with the interest accruing thereon loaned to me to meet the debt due by A. Jackson, Jun., for the purchase of the plantation from Hiram G. Runnels, lying on the east bank of the river Mississippi, in the state of Mississippi. Also, a debt due by me of ten thousand dollars. borrowed of my friends Blair and Rives, of the city of Washington and District of Columbia, with the interest accruing thereon; being applied to the payment of the lands bought of Hiram G. Runnels as aforesaid, and for the faithful payment of the aforesaid recited debts, I hereby bequeath all my real and personal estate. After these debts are fully paid—

Thirdly, I give and bequeath to my adopted son, Andrew Jackson, Junior, the tract of land whereon I now live, known by the Hermitage tract, with its butts and boundaries, with all its appendages of the three lots of land bought of Samuel Donelson, Thomas J. Donelson, and Alexander Donelson, sons and heirs of Sovern Donelson, deceased, all adjoining the Hermitage tract, agreeable to their butts and boundaries, with all the appurtenances thereto belonging or in any wise appertaining, with all my negroes that I may die possessed of, with the exception hereafter named, with all their increase after the before recited debts are fully paid, with all the household furniture, farming tools, stock of all kind, both on the Hermitage tract farms, as well as those on the Mississippi plantation, to him and his heirs for ever.—The true intent and meaning of this my last will and testament is, that all my estate, real, personal, and mixed, is hereby first pledged for the payment of the above recited debts and interest; and when they are fully paid, the residue of all my estate, real, personal and mixed, is hereby bequeathed to my adopted son A. Jackson, Jun., with the exceptions hereafter named, to him and his heirs for ever.

Fourth, Whereas I have heretofore by conveyance, deposited with my beloved daughter Sarah Jackson, wife of my adopted son A. Jackson, Jun., given to my beloved granddaughter, Rachel Jackson, daughter of A. Jackson, Jun. and Sarah his wife, several negroes therein described, which I hereby confirm. — I give and bequeath to my beloved grandson Andrew Jackson, son of A. Jackson, Jun. and Sarah his wife, a negro boy named Ned, son of Blacksmith Aaron and Hannah his wife, to him and his heirs for ever.

Fifth, I give and bequeath to my beloved little grandson. Samuel Jackson, son of A. Jackson, Jun. and his much beloved wife Sarah, one negro boy named Davy or George, son of Squire and his wife Giney, to him and his heirs for ever.

Sixth, To my beloved and affectionate daughter, Sarah Jackson, wife of my adopted and well beloved son, A. Jackson, Jun., I hereby recognise, by this bequest, the gift I made her on her marriage, of the negro girl Gracy, which I bought for her, and gave her to my daughter Sarah as her maid and seamstress, with her increase, with my house-servant Hannah and her two daughters, namely, Charlotte and Mary, to her and her heirs for ever. This gift and bequest is made for my great affection for her — as a memento of her uniform attention to me and kindness on all occasions, and particularly when worn down with sickness, pain, and debility — she has been more than a daughter to me, and I hope she never will be disturbed in the enjoyment of this gift and bequest by any one.

Seventh, I bequeath to my well beloved nephew, Andrew J. Donelson, son of Samuel Donelson, deceased, the elegant sword presented to me by the state of Tennessee, with this injunction, that he fail not to use it when necessary in support and protection of our glorious union, and for the protection of the constitutional rights of our beloved country, should they be assailed by foreign enemies or domestic traitors. This, from the great change in my worldly affairs of late, is, with my blessing, all 1 can bequeath him, doing justice to those creditors to whom I am responsible. This bequest is made as a memento of my high regard, affection, and esteem I bear for him as a high-minded, honest, and honorable man.

Eighth, To my grand-nephew Andrew Jackson Coffee, I bequeath the elegant sword presented to me by the Rifle Company of New Orleans, commanded by Capt. Beal, as a memento of my regard, and to bring to his recollection the gallant services of his deceased father Gen’l John Coffee, in the late Indian and British war, under my command, and his gallant conduct in defence of New Orleans in 1814 and 1815; with this injunction, that he wield it in the protection of the rights secured to the American citizen under our glorious constitution, against all invaders, whether foreign foes, or intestine traitors.

I bequeath to my beloved grandson Andrew Jackson, son of A. Jackson, Jun. and Sarah his wife, the sword presented to me by the citizens of Philadelphia, with this injunction, that he will always use it in defence of the constitution and our glorious union, and the perpetuation of our republican system: remembering the motto — “Draw me not without occasion, nor sheath me without honour.”

The pistols of Gen'l Lafayette, which were presented by him to Gen’l George Washington, and by Col. Wm Robertson presented to me, I bequeath to George Washington Lafayette, as a memento of the illustrious personages through whose hands they have passed — his father, and the father of his country.

The gold box presented to me by the corporation of the City of New York, the large silver vase presented to me by the ladies of Charleston, South Carolina, my native state, with the large picture representing the unfurling of the American banner, presented to me by the citizens of South Carolina when it was refused to be accepted by the United States Senate, I leave in trust to my son A. Jackson, Jun., with directions that should our happy country not be blessed with peace, an event not always to be expected, he will at the close of the war or end of the conflict, present each of said articles of inestimable value, to that patriot residing in the city or state from which they were preented, who shall be adjudged by his countrymen or the ladies to have been the most valiant in defence of his country and our country's rights.

The pocket spyglass which was used by Gen’l Washington during the revolutionary war, and presented to me by Mr. Custis, having been burned with my dwellinghouse, the Hermitage, with many other invaluable relics, 1 can make no dispositon of them. As a memento of my high regard for Gen'l Robert Armstrong as a gentleman, patriot and soldier, as well as for his meritorious military services under my command during the late British and Indian war, and remembering the gallant bearing of him and his gallant little band at Enotochopco creek, when, falling desperately wounded, he called out — “My brave fellows, some may fall, but save the cannon” — as a memento of all these things, I give and bequeath to him my case of pistols and sword worn by me throughout my military career, well satisfied that in his hands they will never be disgraced — that they will never be used or drawn without occasion, nor sheathed but with honour.

Lastly, I leave to my beloved son all my walking-canes and other relics, to be distributed amongst my young re'atives—namesakes—first, to my much esteemed name.t.ike, Andrew J. Donelson, son of my esteemed nephew A. J. Donelson, his first choice, and then to be distributed as A. Jackson, Jun. may think proper.

Lastly, I appoint my adopted son Andrew Jackson, Jun., my whole and sole executor to this my last will and testament, and direct that no security be required of him for the faithful execution and discharge of the trusts hereby reposed in him.

In testimony whereof I have this 7th day of June, one thousand eight hundred and forty-three, hereunto set my hand, and affixed my seal, hereby revoking all wills heretofore made by me, and in the presence of

Marion Adams,
}

Elizabeth D. Love,
}

Thos. J. Donelson,
}
ANDREW JACKSON. (Seal.)
Richard Smith,
}

R Armstrong.
}


SOURCE: John Stilwell Jenkins, Life and Public Services of Genl. Andrew Jackson, p. 375-9 

Monday, April 16, 2018

Diary of William Howard Russell: June 27 - July 1, 1861

At eight o'clock on the morning of the 27th I left Chicago for Niagara, which was so temptingly near that I resolved to make a detour by that route to New York. The line from the city which I took skirts the southern extremity of Lake Michigan for many miles, and leaving its borders at New Buffalo, traverses the southern portion of the state of Michigan by Albion and Jackson to the town of Detroit, or the outflow of Lake St. Clair into Lake Erie, a distance of 284 miles, which was accomplished in about twelve hours. The most enthusiastic patriot could not affirm the country was interesting. The names of the stations were certainly novel to a Britisher. Thus we had Kalumet, Pokagon, Dowagiac, Kalamazoo, Ypsilanti, among the more familiar titles of Chelsea, Marengo, Albion, and Parma.

It was dusk when we reached the steam ferry-boat at Detroit, which took us across to Windsor; but through the dusk I could perceive the Union Jack waving above the unimpressive little town which bears a name so respected by British ears. The customs' inspections seemed very mild; and I was not much impressed by the representative of the British crown, who, with a brass button on his coat and a very husky voice, exercised his powers on behalf of Her Majesty at the landing-place of Windsor. The officers of the railway company received me as if I had been an old friend, and welcomed me as if I had just got out of a battle-field. “Well, I do wonder them Yankees have ever let you come out alive?” “May I ask why?” “Oh, because you have not been praising them all round, sir. Why even the Northern chaps get angry with a Britisher, as they call us, if he attempts to say a word against those cursed niggers.”

It did not appear the Americans are quite so thin-skinned, for whilst crossing in the steamer a passage of arms between the Captain, who was a genuine John Bull, and a Michigander, in the style which is called chaff or slang, diverted most of the auditors, although it was very much to the disadvantage of the Union champion. The Michigan man had threatened the Captain that Canada would be annexed as the consequence of our infamous conduct. “Why, I tell you,” said the Captain, “we'd just draw up the negro chaps from our barbers’ shops, and tell them we’d send them to Illinois if they did not lick you; and I believe every creature in Michigan, pigs and all, would run before them into Pennsylvania. We know what you are up to, you and them Maine chaps; but Lor' bless you, sooner than take such a lot, we'd give you ten dollars a head to make you stay in your own country; and we know you would go to the next worst place before your time for half the money. The very Bluenoses would secede if you were permitted to come under the old flag.”

All night we travelled. A long day through a dreary, illsettled, pine-wooded, half-cleared country, swarming with mosquitoes and biting flies, and famous for fevers. Just about daybreak the train stopped.

“Now, then,” said an English voice; “now, then, who's for Clifton Hotel? All passengers leave cars for this side of the Falls.” Consigning our baggage to the commissioner of the Clifton, my companion, Mr. Ward, and myself resolved to walk along the banks of the river to the hotel, which is some two miles and a half distant, and set out whilst it was still so obscure that the outline of the beautiful bridge which springs so lightly across the chasm, filled with furious hurrying waters, hundreds of feet below, was visible only as is the tracery of some cathedral arch through the dim light of the cloister.

The road follows the course of the stream, which whirls and gurgles in an Alpine torrent, many times magnified, in a deep gorge like that of the Tête Noire. As the rude bellow of the steam-engine and the rattle of the train proceeding on its journey were dying away, the echoes seemed to swell into a sustained, reverberating, hollow sound from the perpendicular banks of the St. Lawrence. We listened. “It is the noise of the Falls,” said my companion; and as we walked on the sound became louder, filling the air with a strange quavering note, which played about a tremendous uniform bass note, and silencing every other. Trees closed in the road on the river side; but when we had walked a mile or so, the lovely light of morning spreading with our steps, suddenly through an opening in the branches there appeared, closing up the vista — white, flickering, indistinct, and shroud-like — the Falls, rushing into a grave of black waters, and uttering that tremendous cry which can never be forgotten.

I have heard many people say they were disappointed with the first impression of Niagara. Let those who desire to see the water-leap in all its grandeur, approach it as I did, and I cannot conceive what their expectations are if they do not confess the sight exceeded their highest ideal. I do not pretend to describe the sensations or to endeavor to give the effect produced on me by the scene or by the Falls, then or subsequently; but I must say words can do no more than confuse the writer's own ideas of the grandeur of the sight, and mislead altogether those who read them. It is of no avail to do laborious statistics, and tell us how many gallons rush Over in that down-flung ocean every second, or how wide it is, how high it is, how deep the earth-piercing caverns beneath. For my own part, I always feel the distance of the sun to be insignificant, when I read it is so many hundreds of thousands of miles away, compared with the feeling of utter inaccessibility to anything human which is caused by it when its setting rays illuminate some purple ocean studded with golden islands in dreamland.

Niagara is rolling its waters over the barrier. Larger and louder it grows upon us.

“I hope the hotel is not full,” quoth my friend. I confess, for the time, I forgot all about Niagara, and was perturbed concerning a breakfastless ramble and a hunt after lodgings by the borders of the great river.

But although Clifton Hotel was full enough, there was room for us, too; and for two days a strange, weird kind of life I led, alternating between the roar of the cataract outside and the din of politics within; for, be it known, that at the Canadian side of the Falls many Americans of the Southern States, who would not pollute their footsteps by contact with the soil of Yankee-land, were sojourning, and that merchants and bankers of New York and other Northern cities had selected it as their summer retreat, and, indeed, with reason; for after excursions on both sides of the Falls, the comparative seclusion of the settlements on the left bank appears to me to render it infinitely preferable to the Rosherville gentism and semi-rowdyism of the large American hotels and settlements on the other side.

It was distressing to find that Niagara was surrounded by the paraphernalia of a fixed fair. I had looked forward to a certain degree of solitude. It appeared impossible that man could cockneyfy such a magnificent display of force and grandeur in nature. But, alas! it is haunted by what poor Albert Smith used to denominate “harpies.” The hateful race of guides infest the precincts of the hotels, waylay you in the lanes, and prowl about the unguarded moments of reverie. There are miserable little peep-shows and photographers, bird-stuflfers, shell-polishers, collectors of crystals, and proprietors of natural curiosity shops.

There is, besides, a large village population. There is a watering-side air about the people who walk along the road worse than all their mills and factories working their water-privileges at both sides of the stream. At the American side there is a lanky, pretentious town, with big hotels, shops of Indian curiosities, and all the meagre forms of the bazaar life reduced to a minimum of attractiveness which destroy the comfort of a traveller in Switzerland. I had scarcely been an hour in the hotel before I was asked to look at the Falls through a little piece of colored glass. Next I was solicited to purchase a collection of muddy photographs, representing what I could look at with my own eyes for nothing. Not finally by any means, I was assailed by a gentleman who was particularly desirous of selling me an enormous pair of cow’s-horns and a stuffed hawk. Small booths and peep-shows corrupt the very margin of the bank, and close by the remnant of the " Table Rock," a Jew (who, by the by, deserves infinite credit for the zeal and energy he has thrown into the collections for his museum), exhibits bottled rattlesnakes, stuffed monkeys, Egyptian mummies, series of coins, with a small living menagerie attached to the shop, in which articles of Indian manufacture are exposed for sale. It was too bad to be asked to admire such lusus naturӕ as double-headed calves and dogs with three necks by the banks of Niagara.

As I said before, I am not going to essay the impossible or to describe the Falls. On the English side there are, independently of other attractions, some scenes of recent historic interest, for close to Niagara are Lundy's Lane and Chippewa. There are few persons in England aware of the exceedingly severe fighting which characterized the contests between these Americans and the English and Canadian troops during the campaign of 1814. At Chippewa, for example, Major General Riall who, with 2000 men, one howitzer; and two twenty-four-pounders, attacked a, force of Americans of a similar strength, was repulsed with a loss of 500 killed and wounded; and on the morning of the 25th of July the action of Lundy's Lane, between four brigades of Americans and seven fieldpieces, and 3100 men of the British and seven field-pieces, took place, in which the Americans were worsted, and retired with a loss of 854 men and two guns, whilst the British lost 878. On the 14th of August following, Sir Gordon Drummond was repulsed with a loss of 905 men out of his small force in an attack on Fort Erie; and on the 17th of September an American sortie from the place was defeated with a loss of 510 killed and wounded, the British having lost 609. In effect the American campaign was unsuccessful; but their failures were redeemed by their successes on Lake Champlain, and in the affair of Plattsburg.

There was more hard fighting than strategy in these battles, and their results were not, on the whole, creditable to the military skill of either party. They were sanguinary in proportion to the number of troops engaged, but they were very petty skirmishes considered in the light of contests between two great nations for the purpose of obtaining specific results. As England was engaged in a great war in Europe, was far removed from the scene of operations, was destitute of steam-power, whilst America was fighting, as it were, on her own soil, close at hand, with a full opportunity of putting forth all her strength, the complete defeat of the American invasion of Canada was more honorable to our arms than the successes which the Americans achieved in resisting aggressive demonstrations.

In the great hotel of Clifton we had every day a little war of our own, for there were —— but why should I mention names? Has not government its bastiles? There were in effect men, and women too, who regarded the people of the Northern States and the government they had selected very much as the men of ’98 looked upon the government and people of England; but withal these strong Southerners were not very favorable to a country which they regarded as the natural ally of the abolitionists, simply because it had resolved to be neutral.

On the Canadian side these rebels were secure. British authority was embodied in a respectable old Scottish gentleman, whose duty it was to prevent smuggling across the boiling waters of the St. Lawrence, and who performed it with zeal and diligence worthy of a higher post. There “was indeed a withered triumphal arch which stood over the spot where the young Prince of our royal house had passed on his way to the Table Rock, but beyond these signs and tokens there was nothing to distinguish the American from the British side, except the greater size and activity of the settlements upon the right bank. There is no power in nature, according to great engineers, which cannot be forced to succumb to the influence of money. The American papers actually announce that “Niagara is to be sold; the proprietors of the land upon their side of the water have resolved to sell their water privileges! A capitalist could render the islands the most beautifully attractive places in the world.

Life at Niagara is like that at most watering-places, though it is a desecration to apply such a term to the Falls; and there is no bathing there, except that which is confined to the precincts of the hotels and to the ingenious establishment on the American side, which permits one to enjoy the full rush of the current in covered rooms with sides pierced, to let it come through with undiminished force and with perfect security to the bather. There are drives and picnics, and mild excursions to obscure places in the neighborhood, where only the roar of the Falls gives an idea of their presence. The rambles about the islands, and the views of the boiling rapids above them, are delightful; but I am glad to hear from one of the guides that the great excitement of seeing a man and boat carried over occurs but rarely. Every year, however, hapless creatures crossing from one shore to the other, by some error of judgment or miscalculation of strength, or malign influence, are swept away into the rapids, and then, notwithstanding the wonderful rescues effected by the American blacksmith and unwonted kindnesses of fortune, there is little chance of saving body corporate or incorporate from the headlong swoop to destruction.

Next to the purveyors of curiosities and hotel-keepers, the Indians, who live in a village at some distance from Niagara, reap the largest profit from the crowds of visitors who repair annually to the Falls. They are a harmless and by no means elevated race of semi-civilized savages, whose energies are expended on whiskey, feather fans, bark canoes, ornamental moccasins, and carved pipe-stems. I had arranged for an excursion to see them in their wigwams one morning, when the news was brought to me that General Scott had ordered, or been forced to order the advance of the Federal troops encamped in front of Washington, under the command of McDowell, against the Confederates, commanded by Beauregard, who was described as occupying a most formidable position, covered with entrenchments and batteries in front of a ridge of hills, through which the railway passes to Richmond.

The New York papers represent the Federal army to be of some grand indefinite strength, varying from 60,000 to 120,000 men, full of fight, admirably equipped, well disciplined, and provided with an overwhelming force of artillery. General Scott, I am very well assured, did not feel such confidence in the result of an invasion of Virginia, that he would hurry raw levies and a rabble of regiments to undertake a most arduous military operation.

The day I was introduced to the General he was seated at a table in the unpretending room which served as his boudoir in the still humbler house where he held his head-quarters. On the table before him were some plans and maps of the harbor defences of the Southern ports. I inferred he was about to organize a force for the occupation of positions along the coast. But when I mentioned my impression to one of his officers, he said, “Oh, no, the General advised that long ago; but he is now convinced we are too late. All he can hope, now, is to be allowed time to prepare a force for the field, but there are hopes that some compromise will yet take place.”

The probabilities of this compromise have vanished; few entertain them now. They have been hanging Secessionists in Illiniois, and the court-house itself has been made the scene of Lynch law murder in Ogle county. Petitions, prepared by citizens of New York to the President, for a general convention to consider a compromise, have been seized. The Confederates have raised batteries along the Virginian shore of the Potomac. General Banks, at Baltimore, has deposed the police authorities proprio motu, in spite of the protest of the board. Engagements have occurred between the Federal steamers and the Confederate batteries on the Potomac. On all points, wherever the Federal pickets have advanced in Virginia, they have Encountered opposition and have been obliged to halt or to retire.

*          *          *          *          *          *          *          *          *          *

As I stood on the veranda this morning, looking for the last time on the Falls, which were covered with a gray mist, that rose from the river and towered unto the sky in columns which were lost in the clouds, a voice beside me said, “Mr. Russell, that is something like the present condition of our country, mists and darkness obscure it now, but we know the great waters are rushing behind, and will flow till eternity.” The speaker was an earnest, thoughtful man, but the country of which he spoke was the land of the South. “And do you think,” said I, “when the mists clear away the Falls will be as full and as grand as before?” “Well,” he replied, “they are great as it is, though a rock divides them; we have merely thrown our rock into the waters, — they will meet all the same in the pool below.” A colored, boy, who has waited on me at the hotel, hearing I was going away, entreated me to take him on any terms, which were, I found, an advance of nine dollars, and twenty dollars a month, and, as I heard a good account of him from the landlord, I installed the young man into my service. In the evening I left Niagara on my way to New York.

SOURCE: William Howard Russell, My Diary North and South, Vol. 1, p. 360-7

Thursday, October 26, 2017

Speech of Congressman Daniel Webster: The Encouragement of Enlistments, January 14, 1814

House Of Representatives Of The United States,
January 14, 1814.1

Mr. Speaker, — It was not my intention to offer myself to your notice on this question. I have changed my purpose only in consequence of the course, which the debate took yesterday, on an amendment proposed by me, to one of the subordinate provisions of this bill.2 The observations to which that occasion gave rise have induced me to prefer assigning my own reasons for my own vote, rather than to trust to the justice or charity of the times to assign reasons for me.

The design of this bill is to encourage, by means of a very extraordinary bounty, enlistments into the regular army. Laws already existing, and other bills now in progress before the House, provide for the organization of an army of sixty-three thousand men. For the purpose of filling the ranks of that army, the bill before us proposes to give each recruit a bounty of one hundred and twenty-four dollars, and three hundred and twenty acres of land. It offers also a premium of eight dollars to every person, in or out of the army, citizen or soldier, who shall procure an able-bodied man to be enlisted.

Before, sir, I can determine, for myself, whether so great a military force should be raised, and at so great an expense, I am bound to inquire into the object to which that force is to be applied. If the public exigency shall, in my judgment, demand it; if any object connected with the protection of the country and the safety of its citizens shall require it; and if I shall see reasonable ground to believe, that the force, when raised, will be applied to meet that exigency, and yield that protection, I shall not be restrained, by any considerations of expense, from giving my support to the measure. I am aware that the country needs defence, and I am anxious that defence should be provided for it, to the fullest extent, and in the promptest manner. But what is the object of this bill? To what service is this army destined, when its ranks shall be filled? We are told, sir, that the frontier is invaded, and that troops are wanted to repel that invasion. It is too true that the frontier is invaded; that the war, with all its horrors, ordinary and extraordinary, is brought within our own territories; and that the inhabitants, near the country of the enemy, are compelled to fly, lighted by the fires of their own houses, or to stay and meet the foe, unprotected by any adequate aid of Government. But show me, that by any vote of mine, or any effort of mine, I can contribute to the relief of such distress. Show me, that the purpose of government, in this measure, is to provide defence for the frontiers. I aver I see no evidence of any such intention. I have no assurance that this army will be applied to any such object. There are, as was said by my honorable friend from New York (Mr. Grosvenor), strong reasons to infer the contrary, from the fact that the forces hitherto raised have not been so applied, in any suitable or sufficient proportion. The defence of our own territory seems hitherto to have been regarded as an object of secondary importance, a duty of a lower order than the invasion of the enemy. The army raised last year was competent to defend the frontier. To that purpose Government did not see fit to apply it. It was not competent, as the event proved, to invade with success the provinces of an enemy. To that purpose, however, it was applied. The substantial benefit which might have been obtained, and ought to have been obtained, was sacrificed to a scheme of conquest, in my opinion a wild one, commenced without means, prosecuted without plan or concert, and ending in disgrace. Nor is it the inland frontier only that has been left defenceless. The sea-coast has been, in many places, wholly exposed. Give me leave to state one instance. The mouth of one of the largest rivers in the eastern section of the Union is defended by a fort mounting fourteen guns. This fort for a great part of the last season was holden by one man and one boy only. I state the fact on the authority of an honorable gentleman of this House. Other cases, almost equally flagrant, are known to have existed in some of which interests of a peculiar character and great magnitude have been at stake. With this knowledge of the past, I must have evidence of some change in the purposes of administration, before I can vote for this bill, under an expectation that protection will thereby be afforded to either frontier of the Union. Of such change, there is no intimation. On the contrary, gentlemen tell us, explicitly, that the acquisition of Canada is still deemed to be an essential object; and the vote of the House, within the last half-hour, has put the matter beyond doubt. An honorable gentleman from Virginia (Mr. Sheffy) has proposed an amendment to this bill, limiting the service of the troops to be raised by its provisions, to objects of defence. To the bill thus amended he offered his support, and would have been cheerfully followed by his friends. The amendment was rejected. It is certain, therefore, that the real object of this proposition to increase the military force to any extraordinary degree, by extraordinary means, is to act over again the scenes of the last two campaigns. To that object I cannot lend my support. I am already satisfied with the exhibition.

Give me leave to say, sir, that the tone on the subject of the conquest of Canada seems to be not a little changed. Before the war, that conquest was represented to be quite an easy affair. The valiant spirits who meditated it were only fearful lest it should be too easy to be glorious. They had no apprehension, except that resistance would not be so powerful as to render the victory splendid. These confident expectations were, however, accompanied with a commendable spirit of moderation, the true mark of great minds, and it was gravely said, that we ought not to make too large a grasp for dominion, but to stop in our march of conquest northward, somewhere about the line of perpetual congelation, and to leave to our enemies or others, the residue of the continent to the pole. How happens, sir, that this country, so easy of acquisition, and over which, according to the prophecies, we were to have been by this time legislating, dividing it into States and Territories, is not yet ours? Nay, sir, how happens it, that we are not even free of invasion ourselves; that gentlemen here call on us, by all the motives of patriotism, to assist in the defence of our own soil, and portray before us the state of the frontier, by frequent and animated allusion to all those topics, which the modes of Indian warfare usually suggest?

This, sir, is not what we were promised. This is not the entertainment to which we were invited. This is no fulfilment of those predictions, which it was deemed obstinacy itself not to believe. This is not that harvest of greatness and glory, the seeds of which were supposed to be sown, with the declaration of war.

When we ask, sir, for the causes of these disappointments, we are told that they are owing to the opposition which the war encounters, in this House, and among the people. All the evils which afflict the country are imputed to opposition. This is the fashionable doctrine, both here and elsewhere. It is said to be owing to opposition that the war became necessary; and owing to opposition also that it has been prosecuted with no better success.

This, sir, is no new strain. It has been sung a thousand times. It is the constant tune of every weak or wicked administration. What minister ever yet acknowledged, that the evils which fell on his country were the necessary consequences of his own incapacity, his own folly, or his own corruption? What possessor of political power ever yet failed to charge the mischiefs resulting from his own measures, upon those who had uniformly opposed those measures? The people of the United States may well remember the administration of Lord North. He lost America to his country. Yet he could find pretences for throwing the odium upon his opponents. He could throw it upon those who had forewarned him of consequences from the first, and who had opposed him, at every stage of his disastrous policy, with all the force of truth and reason, and talent. It was not his own weakness, his own ambition, his own love of arbitrary power, which disaffected the colonies. It was not the Tea Act, the Stamp Act, or the Boston Port Bill, that severed the empire of Britain. Oh no! It was owing to no fault of administration. It was the work of opposition. It was the impertinent boldness of Chatham; the idle declaration of Fox; and the unseasonable sarcasm of Barre! These men, and men like them, would not join the Minister in his American war. They would not give the name and character of wisdom to that which they believed to be the extreme of folly. They would not pronounce those measures just and honorable which their principles led them to detest. They declared the Minister's war to be wanton. They foresaw its end, and pointed it out plainly both to the Minister and to the country. He pronounced the opposition to be selfish and factious. He persisted in his course; and the result is in history.

This example of ministerial justice seems to have become a model for these times and this country. With slight shades of difference, owing to different degrees of talent and ability, the imitation is sufficiently exact. It requires little imagination to fancy one's self sometimes to be listening to a recitation of the captivating orations of the occupants of Lord North's Treasury Bench. We are told that our opposition has divided the Government, and divided the country. Remember, sir, the state of the Government and of the country, when the war was declared. Did not differences of opinion then exist? Do we not know that this House was divided? Do we not know that the other House was still more divided? Does not every man, to whom the public documents are accessible, know, that in that other House, one single vote, having been given otherwise than it was, would have rejected the act declaring war, and adopted a different course of measures? A parental, guardian Government would have regarded that state of things. It would have weighed such considerations. It would have inquired coolly and dispassionately into the state of public opinion, in the States of this confederacy. It would have looked especially to those States, most concerned in the professed objects of the war, and whose interests were to be most deeply affected by it. Such a Government, knowing that its strength consisted in the union of opinion among the people, would have taken no step, of such importance, without that union; nor would it have mistaken mere party feeling for national sentiment.

That occasion, sir, called for a large and liberal view of things. Not only the degree of union in the sentiments of the people, but the nature and structure of the Government; the general habits and pursuits of the community; the probable consequences of the war immediate and remote on our civil institutions; the effect of a vast military patronage; the variety of important local interests and objects; — those were considerations essentially belonging to the subject. It was not enough that Government could make out its cause of war on paper, and get the better of England in the argument. This was requisite; but not all that was requisite. The question of War or Peace, in a country like this, is not to be compressed into the compass that would befit a small litigation. It is not to be made to turn upon a pin. Incapable in its nature of being decided upon technical rules, it is unfit to be discussed in the manner which usually appertains to the forensic habit. It should be regarded as a great question not only of right, but also of prudence and expediency. Reasons of a general nature, reasons of a moral nature, considerations which go back to the origin of our institutions, and other considerations which look forward to our hopeful progress in future times, all belong, in their just proportions and gradations, to a question in the determination of which the happiness of the present and of future generations may be so much concerned.

I have heard no satisfactory vindication of the war on grounds like those. They appear not to have suited the temper of that time. Utterly astonished at the declaration of war, I have been surprised at nothing since. Unless all history deceived me, I saw how it would be prosecuted, when I saw how it was begun. There is in the nature of things an unchangeable relation between rash counsels and feeble execution.

It was not, sir, the minority that brought on the war. Look to your records, from the date of the Embargo, in 1807, to June, 1812. Everything that men could do, they did, to stay your course. When at last they could effect no more, they urged you to delay your measures. They entreated you to give yet a little time for deliberation, and to wait for favorable events. As if inspired for the purpose of arresting your progress, they laid before you the consequences of your measures, just as we have seen them since take place. They predicted to you their effects on public opinion. They told you, that instead of healing they would inflame political dissensions. They pointed out to you also what would and what must happen on the frontier. That which since hath happened there is but their prediction, turned into history. Vain is the hope, then, of escaping just retribution, by imputing to the minority of the Government or to the opposition among the people the disasters of these times. Vain is the attempt to impose thus on the common sense of mankind. The world has had too much experience of ministerial shifts and evasions. It has learned to judge of men by their actions, and of measures by their consequences.

If the purpose be, by casting these imputations upon those who are opposed to the policy of the Government, to check their freedom of inquiry, discussion, and debate, such purpose is also incapable of being executed. That opposition is constitutional and legal. It is also conscientious. It rests in settled and sober conviction, that such policy is destructive to the interests of the people, and dangerous to the being of the Government. The experience of every day confirms these sentiments. Men who act from such motives are not to be discouraged by trifling obstacles, nor awed by any dangers. They know the limit of constitutional opposition; up to that limit, at their own discretion, they will walk, and walk fearlessly. If they should find, in the history of their country, a precedent for going over, I trust they will not follow it. They are not of a school in which insurrection is taught as a virtue. They will not seek promotion through the paths of sedition, nor qualify themselves to serve their country in any of the high departments of its government, by making rebellion the first element in their political science.

Important as I deem it to discuss, on all proper occasions, the policy of the measures at present pursued, it is still more important to maintain the right of such discussion, in its full and just extent. Sentiments lately sprung up, and now growing fashionable, make it necessary to be explicit on this point. The more I perceive a disposition to check the freedom of inquiry by extravagant and unconstitutional pretences, the firmer shall be the tone in which I shall assert, and the freer the manner in which I shall exercise it. It is the ancient and undoubted prerogative of this people to canvass public measures and the merits of public men. It is a “home-bred right,” a fireside privilege. It hath ever been enjoyed in every house, cottage, and cabin in the nation. It is not to be drawn into controversy. It is as undoubted as the right of breathing the air, or walking on the earth. Belonging to private life as a right, it belongs to public life as a duty; and it is the last duty, which those whose representative I am, shall find me to abandon. Aiming at all times to be courteous and temperate in its use, except when the right itself shall be questioned, I shall then carry it to its extent. I shall then place myself on the extreme boundary of my right, and bid defiance to any arm that would move me from my ground. This high constitutional privilege, I shall defend and exercise within this House, and without this House, and in all places; in time of war, in time of peace, and at all times. Living I shall assert it, dying I shall assert it, and should I leave no other inheritance to my children, by the blessing of God, I will still leave them the inheritance of free principles and the example of a manly, independent and constitutional defence of them.

Whoever, sir, would discover the causes which have produced the present state of things, must look for them, not in the efforts of opposition, but in the nature of the war, in which we are engaged, and in the manner in which its professed objects have been attempted to be obtained. Quite too small a portion of public opinion was in favor of the war, to justify it, originally. A much smaller portion is in favor of the mode in which it has been conducted. This is the radical infirmity. Public opinion, strong and united, is not with you, in your Canada project. Whether it ought to be or ought not to be, the fact that it is not, should, by this time, be evident to all; and it is the business of practical statesmen, to act upon the state of things as it is, and not to be always attempting to prove what it ought to be. The acquisition of that country is not an object, generally desired by the people. Some gentlemen, indeed, say it is not their ultimate object; and that they wish it only as the means of effecting other purposes. But, sir, a large portion of the people believe that a desire for the conquest and final retention of Canada is the mainspring of public measures. Nor is the opinion without ground. It has been distinctly avowed, by public men, in a public manner. And if this be not the object, it is not easy to see the connection between your means and ends. At least, that portion of the people, that is not in the habit of refining far, cannot see it. You are, you say, at war for maritime rights, and free trade. But they see you lock up your commerce and abandon the ocean. They see you invade an interior province of the enemy. They see you involve yourselves in a bloody war with the native savages; and they ask you, if you have, in truth, a maritime controversy with the western Indians, and are really contending for sailors' rights with the tribes of the Prophet? In my judgment, the popular sentiment, in this case, corresponds with the soundest political discretion. In my humble opinion, you are not able to travel in the road you have taken, but if you were, it would not conduct you to your object.

I am aware, sir, that both the professed objects of the war, and the manner of prosecuting it, may receive the nominal approbation of a great majority of those who constitute the prevailing party in the country. But I know also how extremely fallacious any inference from that circumstance would be, in favor of the real popularity of the measure. In times like these, a great measure of a prevalent party becomes incorporated with the party interest. To quarrel with the measure would be to abandon the party. Party considerations, therefore, induce an acquiescence in that, on which the fate of party is supposed to depend. Gentlemen, sir, fall into strange inconsistencies on this subject. They tell us that the war is popular, that the invasion of Canada is popular, and that it would have succeeded, before this time, had it not been for the force of opposition. Sir, what gives force to opposition in this country? Certainly nothing but the popularity of the cause of opposition, and the numbers who espouse it. Upon this argument, then, in what an unprecedented condition are the people of these States! We have on our hands a most popular war; we have also a most popular opposition to that war. We cannot push the measure, the opposition is so popular. We cannot retract it, the measure itself is so popular. We can neither go forward, nor backward. We are at the very centre of gravity, — the point of perpetual rest.

The truth is, sir, that party support is not the kind of support necessary to sustain the country through a long, expensive, and bloody contest; and this should have been considered, before the war was declared. The cause, to be successful, must be upheld by other sentiments, and higher motives. It must draw to itself the sober approbation of the great mass of the people. It must enlist, not their temporary or party feelings, but their steady patriotism, and their constant zeal. Unlike the old nations of Europe, there are in this country no dregs of population, fit only to supply the constant waste of war, and out of which an army can be raised, for hire, at any time, and for any purpose. Armies of any magnitude can here be nothing but the people embodied; and if the object be not one for which the people will embody, there can be no armies. It is, I think, too plain to be doubted, that the conquest of Canada is such an object. They do not feel the impulse of adequate motive. Not unmindful of military distinction, they are yet not sanguine of laurels in this contest. The harvest, thus far, they perceive has not been great. The prospect of the future is no greater. Nor are they altogether reconciled to the principle of this invasion. Canada, they know, is not to be conquered, but by drenching its soil in the blood of its inhabitants. They have no thirst for that blood. The borderers, on the line, connected by blood and marriage, and all the ties of social life, have no disposition to bear arms against one another. Merciless indeed has been the fate of some of these people. I understand it to be fact, that in some of the affairs, which we call battles, because we have had nothing else to give the name to, brother has been in arms against brother. The bosom of the parent has been exposed to the bayonet of his own son. Sir, I honor the people that shrink from a warfare like this. I applaud their sentiments and their feelings. They are such as religion and humanity dictate, and such as none but cannibals would wish to eradicate from the human heart.

You have not succeeded in dividing the people of the provinces from their Government. Your commanders tell you that they are universally hostile to your cause. It is not, therefore, to make war on their Government; it is to make war, fierce, cruel, bloody war, on the people themselves, that you call to your standard the yeomanry of the Northern States. The experience of two campaigns should have taught you, that they will not obey that call. Government has put itself in every posture. It has used supplications and entreaty; it has also menaced, and it still menaces, compulsion. All is in vain. It cannot longer conceal its weakness on this point. Look to the bill before you. Does not that speak a language exceeding everything I have said? You last year gave a bounty of sixteen dollars. You now propose to give a bounty of one hundred and twenty-four dollars, and you say you have no hope of obtaining men at a lower rate. This is sufficient to convince me, it will be sufficient to convince the enemy, and the whole world, yourselves only excepted, what progress your Canada war is making in the affections of the people.

It is to no want of natural resources, or natural strength, in the country, that your failures can be attributed. The Northern States alone are able to overrun Canada in thirty days, armed or unarmed, in any cause which should propel them by inducements sufficiently powerful. Recur, sir, to history. As early as 1745, the New England colonies raised an army of five thousand men, and took Louisbourg from the troops of France. On what point of the enemy's territory, let me ask, have you brought an equal force to bear in the whole course of two campaigns? On another occasion, more than half a century ago, Massachusetts alone, although its population did not exceed one-third of its present amount, had an army of twelve thousand men. Of these, seven thousand were at one time employed against Canada. A strong motive was then felt to exist. With equal exertion, that Commonwealth could now furnish an army of forty thousand men.

You have prosecuted this invasion for two campaigns. They have cost you more, upon the average, than the campaigns of the Revolutionary War. The project has already cost the American people nearly half as much as the whole price paid for Independence. The result is before us. Who does not see and feel, that this result disgraces us? Who does not see in what estimation our martial prowess must be by this time holden, by the enemy, and by the world? Administration has made its master effort to subdue a province, three thousand miles removed from the mother country; lying at our own doors; scarcely equal in natural strength to the least of the States of this confederacy, and defended by external aid to a limited extent. It has persisted two campaigns — and it has failed. Let the responsibility rest where it ought. The world will not ascribe the issue to want of spirit or patriotism in the American people. The possession of those qualities, in high and honorable degrees, they have heretofore illustriously evinced, and spread out the proof on the record of their Revolution. They will be still true to their character, in any cause which they feel to be their own. In all causes they will defend themselves. The enemy, as we have seen, can make no permanent stand, in any populous part of the country. Its citizens will drive back his forces to the line. But at that line, at the point where defence ceases, and invasion begins, they stop. They do not pass it because they do not choose to pass it. Offering no serious obstacle to their actual power, it rises, like a Chinese wall, against their sentiments and their feelings.

It is natural, sir, such being my opinions, on the present state of things, that I should be asked what, in my judgment, ought to be done. In the first place, then, I answer, withdraw your invading armies, and follow counsels which the national sentiment will support. In the next place, abandon the system of commercial restriction. That system is equally ruinous to the interests, and obnoxious to the feelings of whole sections and whole States. They believe you have no constitutional right to establish such systems. They protest to you, that such is not, and never was, their understanding of your powers. They are sincere in this opinion, and it is of infinite moment, that you duly respect that opinion, although you may deem it to be erroneous. These people, sir, resisted Great Britain, because her Minister, under pretence of regulating trade, attempted to put his hand into their pockets, and take their money. There is that, sir, which they then valued, and which they still value, more than money. That pretence of regulating trade they believed to be a mere cover for tyranny and oppression. The present embargo, which does not vex, and harass, and embarrass their commerce, but annihilates it, is also laid by color of a power to regulate trade. For if it be not laid by virtue of this power, it is laid by virtue of no power. It is not wonderful, sir, if this should be viewed by them as a state of things not contemplated when they came into the national compact.

Let me suppose, sir, that when the Convention of one of the commercial States, Massachusetts for example, was deliberating on the adoption of this Constitution, some person, to whose opening vision the future had been disclosed, had appeared among them. He would have seen there the Patriots who rocked the cradle of liberty in America. He would have seen there statesmen and warriors, who had borne no dishonorable parts in the councils of their country, and on her fields of battle. He would have found these men recommending the adoption of this Instrument to a people, full of the feeling of independence, and naturally jealous of all governments but their own. And he would have found that the leading, the principal, and the finally prevalent argument, was the protection and extention of commerce.

Now suppose, sir, that this person, having the knowledge of future times, had told them, “This Instrument, to which you now commit your fates, shall for a time not deceive your hopes. Administered and practised, as you now understand it, it shall enable you to carry your favorite pursuits to an unprecedented extent. The increase of your numbers, of your wealth, and of your general prosperity shall exceed your expectations. But other times shall arrive. Other counsels shall prevail. In the midst of this extension and growth of commerce and prosperity, an Embargo, severe and universal, shall be laid upon you, for eighteen months. This shall be succeeded by non-importations, restrictions, and embarrassments, of every description. War, with the most powerful maritime nation on earth, shall follow. This war shall be declared professedly for your benefit, and the protection of your interest. It shall be declared nevertheless against your urgent remonstrance. Your voice shall be heard, but it shall be heard only to be disregarded. It shall be a war for sailors' rights, against the sentiments of those to whom eight-tenths of the seamen of the country belong. It shall be a war for maritime rights, forced upon those who are alone interested in such concerns. It shall be brought upon you by those to whom seamen and commerce shall be alike unknown; who shall never have heard the surges of the sea; and into whose minds the idea of a ship shall never have entered, through the eye, till they shall come, from beyond the western hills, to take the protection of your maritime rights, and the guardianship of your commercial interests into their skilful and experienced hands. Bringing the enemy to the blockade of your ports, they shall leave your coasts to be undefended, or defended by yourselves. Mindful of what may yet remain of your commerce, they shall visit you with another Embargo. They shall cut off your intercourse of every description with foreign nations. This not only; they shall cut off your intercourse of every description by water, with your sister States. This not only; they shall cut off your intercourse of every description by water, between the ports of your own States. They shall seize your accustomed commerce, in every limb, nerve, and fibre, and hold it, as in the jaws of death.”

I now put it to you, sir, whether, if this practical administration of the Constitution had been laid before them, they would have ratified it. I ask you, if the hand of Hancock himself would not sooner have committed it to the flames. If then, sir. they did not believe, and from the terms of the instrument had no reason to believe, that it conferred such powers on the Government, then, I say, the present course of its administration is not consistent with its spirit and meaning.

Let any man examine our history, and he will find that the Constitution of the country owes its existence to the commerce of the country. Let him inquire of those that are old enough to remember, and they will tell it to him. The idea of such a compact, as is well known, was first unfolded in a meeting of delegates from different States holden for the purpose of making some voluntary agreements respecting trade, and establishing a common tariff. I see near me an honorable and venerable gentleman (Mr. Schureman of New Jersey), who bore a part in the deliberations of that assembly, and who put his hand to the first recommendation, ever addressed to the people of these States by any body of men, to form a national Constitution. He will vouch for the truth of my remark. He will tell you the motives which actuated him and his associates, as well as the whole country, at that time. The faith of this nation is pledged to its commerce, formally and solemnly. I call upon you to redeem that pledge; not by sacrificing, while you profess to regard it; but by unshackling it, and protecting it, and fostering it, according to your ability, and the reasonable expectations of those who have committed it to the care of Government. In the commerce of the country, the Constitution had its birth. In the extinction of that commerce, it will find its grave. I use not the tone of intimidation or menace, but I forewarn you of consequences. Let it be remembered, that in my place, this day, and in the discharge of my public duty, I conjure you to alter your course. I urge to you the language of entreaty. I beseech you, by your best hopes of your country's prosperity; by your regard for the preservation of her Government and her Union; by your own ambition, as honorable men, of leading hereafter in the councils of a great and growing empire; I conjure you, by every motive which can be addressed to the mind of man, that you abandon your system of restrictions — that you abandon it at once — and abandon it forever.

The humble aid, which it would be in my power to render to measures of Government, shall be given cheerfully, if Government will pursue measures which I can conscientiously support. Badly as I think of the original grounds of the war, as Avell as of the manner in which it has been hitherto conducted, if even now failing in an honest and sincere attempt to procure just and honorable peace, it will return to measures of defence and protection, such as reason and common sense and the public opinion all call for, my vote shall not be withholden from the means. Give up your futile projects of invasion. Extinguish the fires that blaze on your inland frontiers. Establish perfect safety and defence there, by adequate force. Let every man that sleeps on your soil sleep in security. Stop the blood that flows from the veins of unarmed yeomanry, and women and children. Give to the living time to bury and lament their dead, in the quietness of private sorrow. Having performed this work of beneficence and mercy on your inland border, turn, and look with the eye of justice and compassion on your vast population along the coast. Unclench the iron grasp of your Embargo. Take measures for that end, before another sun sets upon you. With all the war of the enemy on your commerce, if you would cease to war on it yourselves, you would still have some commerce. That commerce would give you some revenue. Apply that revenue to the augmentation of your navy. That navy, in turn, will protect your commerce. Let it no longer be said, that not one ship of force, built by your hands since the war, yet floats on the ocean. Turn the current of your efforts into the channel which national sentiment has already worn broad and deep to receive it. A naval force, competent to defend your coast against considerable armaments, to convoy your trade, and perhaps raise the blockade of your rivers, is not a chimera. It may be realized. If, then, the war must continue, go to the ocean. If you are seriously contending for maritime rights, go to the theatre where alone those rights can be defended. Thither every indication of your fortunes points you. There the united wishes and exertions of the nation will go with you. Even our party divisions, acrimonious as they are, cease at the water's edge. They are lost in attachment to national character, on the element where that character is made respectable. In protecting naval interests by naval means, you will arm yourselves with the whole power of national sentiment, and may command the whole abundance of the national resources. In time you may enable yourselves to redress injuries, in the place where they may be offered, and if need be, to accompany your own flag throughout the world, with the protection of your own cannon.
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1 Speech on “A bill making further provision for filling the ranks of the regular army, encouraging enlistments, and authorizing the enlistments for longer periods of men whose terms of service are about to expire.”

The first speech in Congress by Mr. Webster which was fully reported.

2 Mr. Webster had moved to strike out of the section allowing to the recruiting officer, or other person, eight dollars for each recruit, the words “or other person.”

SOURCE: The Writings and Speeches of Daniel Webster, National Edition, Volume 14 p. 18-34

Friday, September 8, 2017

Diary of John Beauchamp Jones: July 24, 1863

Nothing from Lee, or Johnston, or Beauregard, or Bragg — but ill luck is fated for them all. Our ladies, at least, would not despair. But a day may change the aspect; a brilliant success would have a marvelous effect upon a people who have so long suffered and bled for freedom.

They are getting on more comfortably, I learn, on the Eastern Shore of Virginia. Only about 25 of the enemy's troops are said to be there, merely to guard the wires. . In the Revolutionary war, and in the war of 1812, that peninsula escaped the horrors of war, being deemed then, as now, too insignificaut to attract the cupidity of the invaders.

The Secretary of the Treasury sent an agent a few weeks ago with some $12,000,000 for disbursement in the trans-Mississippi country, but he has returned to this city, being unable to get through. He will now go to Havana, and thence to Texas; and hereafter money (if money it can be called) will be manufactured at Houston, where a paper treasury will be established.

Gen. Jos. E. Johnston has recently drawn for $20,000 in gold.

A letter from the Commissary-General to Gen. Lee states that we have but 1,800,000 pounds of bacon at Atlanta, and 500,000 pounds in this city, which is less than 30 days' rations for Bragg's and Lee's armies. He says all attempts to get bacon from Europe have failed, and he fears they will fail, and hence, if the ration be not reduced to ¼ pound we shall soon have no meat on hand. Gen. Lee says he cannot be responsible if the soldiers fail for want of food.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 386-7

Thursday, February 9, 2017

Diary of Gideon Welles: Friday, April 3, 1863

Had some side talk with Seward at the Cabinet-meeting, on letters of marque. He persists in the policy, but I think begins to have some misgivings. Insists on having a naval officer assigned him, on whom he can devolve the labor. I requested him to employ some of his own Department force or a civilian in whom he had confidence; told him the subject belonged exclusively to the State Department; the Secretary of State had it in charge in the War of 1812 by law, and I desired the Navy should not now be blended with the proceeding. He admitted his object in asking for a naval officer was to be relieved of responsibility and details. The truth is, he has pressed forward this measure without knowledge or examination, or practical experience, but has vague indefinite notions that privateers may be efficient against the Rebels, that they will constitute a force appendant to his Department, that there will be many of them, and that he will derive credit from their exploits. If his scheme fails, and a naval officer has charge of that part of his duties, the Navy and Navy Department will bear the censure. Foote, whom he most desires should be detailed, adroitly declines the honor of being attached to the State Department in this work, and has recommended Admiral Davis, who is acceptable and willing to take the position which Foote declines.

Seward tells me he already has an application from responsible parties who want a letter of marque, and assures me there will be a flood of applications, but I am still incredulous. Our merchants will not spend their money in the idle scheme of attempting to spear sharks for wool. In the case of this first application Seward wishes me, as he is not yet prepared and the parties are ready, to take the case as I have suggested might be done under the Act of July, 1861; says it will only be temporary.

Late in the day Davis came to me from the State Department with the papers in this case. I find they are not unknown to me. One Sybert, a Prussian, I believe, by birth but a citizen of South Carolina, wants to go privateering. He called on me some days ago for papers, and I sent him to the State Department. I warned Davis to beware of adventurers, and expressed my want of confidence in the man and the movement, though Seward declared the parties were responsible.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 259-60

Tuesday, February 7, 2017

Gideon Welles to William H. Seward, March 31, 1863

Navy Department.
31 Mar., 1863.
Sir,

When discussing the regulations concerning “Letters of Marque,” &c a few days since, I made certain suggestions, and you invited me to communicate any views I might entertain, in writing.

I have felt some delicacy, I may say disinclination, to take any active part in this matter, because I have from the beginning of our difficulties discouraged the policy of privateering in such a war as this we are now waging. The rebels have no commercial marine to entice and stimulate private enterprise and capital in such undertakings, provided the policy were desirable. We, however, have a commerce that invites the cupidity, zeal and spirit of adventure, which, once commenced, will be difficult to regulate or suppress. A few privateers let loose among our shipping, like wolves among sheep, would make sad havoc, as the Alabama and the Florida bear witness.

It is proposed to encourage private enterprize to embark in undertaking to capture the two wolves or privateers that are abroad devastating the seas, and it is said, in addition to the wolves they may be authorized to catch blockade runners. The inducement, I apprehend, will not meet a favorable response. There may be vessels fitted out to capture unarmed prizes, but not of sufficient force to meet and overcome the Alabama; if not, the great end and purpose of the scheme will fail of accomplishment.

To clothe private armed vessels with governmental power and authority, including the belligerent right of search, will be likely to beget trouble, and the tendency must unavoidably be to abuse. Clothed with these powers reckless men will be likely to involve the Government in difficulty, and it was in apprehension of that fact, and to avoid it, I encountered much obloquy and reproach at the beginning of the rebellion, and labored to institute a less objectionable policy.

Propositions for privateers, for yacht squadrons, for naval brigades, volunteer navy, &c., &c. were, with the best intentions in most instances, pressed upon the Dep't, regardless of the consequences that might follow from these rude schemes of private warfare. It was to relieve us of the necessity of going into these schemes of private adventure, that the “Act to provide for the temporary increase of the Navy,” approved July 24, 1861, was so framed as to give authority to take vessels into the Naval service and appoint officers for them, temporarily, to any extent which the President may deem expedient. Under other laws, seamen may be enlisted and their wages fixed by executive authority; and the officers and men so taken temporarily into the Naval service are subject to the laws for the government of the Navy. An “Act for the better government of the Navy,” approved July 17,1862, grants prize money to “any armed vessel in the service of the United States,” in the same manner as to vessels of the Navy.

These laws, therefore, seem, and were intended to provide all the advantages of letters of marque, and yet prevent in a great measure the abuses liable to spring from them. Private armed vessels, adopted temporarily into the Naval service, would be more certainly and immediately under the control of the government, than if acting only under a general responsibility to law.

It will be necessary to establish strict rules for the government of private armed vessels, as to some extent they will be likely to be officered and manned by persons of rude notions and free habits. Congress after authorizing Letters of Marque in the War of 1812, adopted the necessary legislation for the vessels bearing them, by the Act of June 26th of that year. This act has not been revived. The recent “Act concerning letters of marquee” &c. &c. authorizes the President to “make all needful rules and regulations for the government and conduct of private armed vessels, furnished with letters of marque.” In pursuance of this authorization, the “regulations” have been prepared, embracing the provisions of the statute enacted during the War of 1812. These regulations establish, as the statute did, a penal code. They impose fines and assume to authorize punishments, including even capital punishment.

As suggested in our interview, I question the validity of such proceedings. Can Congress delegate this power of penal legislation to the President? and if to the President, why may it not to any branch of the Executive?

If it can be granted for this special purpose — the government of private armed vessels — why not for any other purpose? And if it can delegate the power of penal legislation, why could it not delegate any other power, or powers, to the President, to Commissioners, or even to a Committee of its own body, to sit during the recess? Why could it not delegate to the Secretary of the Treasury to legislate respecting imports and foreign trade, or to the Post-Master General full power of legislation respecting post offices and post routes?

The power of imposing penalties and inflicting punishments is the essence of legislative power, for it is the penalty of transgression that gives force to law. These regulations also establish rewards as well as penalties. They provide that a large bounty shall be paid to private armed vessels in certain cases. But no fund is appropriated for the purpose by the Act, nor has any provision elsewhere been made for it. Can Congress delegate to the President the power to appropriate the public moneys, or to take them without specific appropriation, or pledge the public faith at his discretion for an indefinite amount?

As I have already said, I have doubts in these particulars. They are expressed with some reluctance, because in the uneasy condition of the public mind, growing out of the lawless depredations of the semi-piratical cruisers that are abroad, I am unwilling to interpose anything which may be construed into an obstacle, to repress public indignation, which is so justly excited. I did not regret that Congress enacted a law authorizing letters of marque; because I verily believe that, with it, England can be made to prevent her mercenary citizens from making war on our commerce under a flag that has no recognized nationality. If the police of the sea is to be surrendered, and rovers built by English capital and manned by Englishmen are to be let loose to plunder our commerce, let England understand that her ships will suffer, and her commerce also be annoyed and injured by private armed ships. With her distant and dependent colonies, no nation has greater cause to oppose maritime robbery and plunder, such as is being inflicted on us by Englishmen and English capital, than Great Britain.

The West Indies are, notoriously, harbors of refuge for the corsairs that are plundering our merchants, as well as for the infamous and demoralizing business of running our blockade, to encourage the insurgents who are waging war on our government. Of these ports, those of England are the worst, and a vast amount of English capital is engaged in illicit traffic, and her people and authorities exhibit sympathy for, and afford aid to, the insurgents and their abettors, and corresponding opposition to this Government.

The English ship-yards are filled with vessels built and building for the rebel service, and if measures are not taken to prevent, these will soon swarm the seas to capture, condemn and destroy American property, without a port into which they can send their captures for adjudication. Enjoying greater advantages than the corsairs and sea-rovers that once infested the ocean, because protected, harbored, & sheltered by governments in alliance with, and professedly friendly to us, while ordinary pirates are outlaws, this species of lawless outrage cannot be permitted to go on.

England should be warned that we cannot permit this indirect war to continue with impunity — that it will provoke and justify retaliation, and that if her people and government make war upon our commerce, by sending abroad rovers with no nationality, to prey upon the property of our citizens, it will be impossible to restrain our people from retaliatory measures.

I am, respectfully,
Your Obdt. Servt.
Gideon Welles,
Secty. of Navy.
Hon. Wm. H. Seward,
Secty. of State.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 252-6

Sunday, August 28, 2016

Major-General John A. Dix to the Citizens of New York, August 17, 1863

Head-quarters, Department of the East, New York City,
August 17, 1863.
To the Citizens of New York:

The draft of men in this city to replenish the ranks of the army, in order to complete more speedily the suppression of the insurrection in the South, having, in consequence of forcible resistance to the execution of the law, been placed under my direction, as commanding officer of the forces of the United States in this Military Department, I have thought it not out of place to present to you some suggestions for your consideration as friends of the Union and of the good order of society.

The law under which the draft is to be made is for enrolling and calling out the National forces. It is founded on the principle that every citizen, who enjoys the protection of the Government and looks to it for the security of his property and his life, may be called on in seasons of great public danger to take up arms for the common defence. No political society can be held together unless this principle is acknowledged as one to which the Government may have recourse when its existence is in peril. There is no civilized country in which it is not recognized.

The law authorizing the draft has been persistently called a conscription law by those who desire to make it odious and defeat its execution. It is in no just sense a conscription like that which was put in force in the sixth year of the French Republic, and abandoned on the restoration of the Bourbons, on account of its oppressive exactions. It is a simple law for enrolling and calling into the service the arms-bearing population of certain ages, and differs in no essential principle from the law authorizing the Militia to be called out, excepting that in the latter case complete organizations are brought into the field. The object of the very provisions of the law which are most beneficial to individuals has been most grossly perverted. If a drafted man finds it inconvenient to serve, he is allowed to furnish a substitute, or to purchase his exemption from service by paying the smallest sum of money for which substitutes are ordinarily obtained. Both these provisions have the same purpose — to provide for cases of hardship; and if either were stricken out, these cases would be proportionably increased in number.

The draft about to be made is for one-fifth part of all persons between twenty and thirty-five years of age, and of the unmarried between thirty-five and forty-five. The entire class between eighteen and thirty-five was long since drafted in the seceded States; and the draft has recently been extended to embrace nearly the whole arms-bearing population. Compared with the burden they are sustaining ours is as nothing. The contest on our part is to defend our nationality, to uphold the institutions under the protection of which we have lived and prospered, and to preserve untarnished the proud memories of our history — brief, it is true, but full of high achievements in science, in art, and in arms. Shall we, in such a cause, shrink from labors and sacrifices which our misguided brethren in the seceded States are sustaining in the cause of treason and social disorganization? For the honor of New York let us take care that the history of this rebellion, more vast than any which has ever convulsed a nation, shall contain nothing to make our children blush for the patriotism of their fathers.

Whatever objection there may be to the law authorizing the draft, whatever defects it may have, it is the law of the land, and resistance to it is revolt against the constituted authorities of the country. If one law can be set at defiance, any other may be, and the foundations of all government may be broken up. Those who, in the history of political societies, have been the first to set themselves up against the law have been the surest victims of the disorder which they have created. The poor have a far deeper interest in maintaining the inviolability of the law than the rich. Property, through the means it can command, is power. But the only security for those who have little more than life and the labor of their own hands to protect lies in the supremacy of the law. On them, and on those who are dependent on them, social disorder falls with fatal effect.

The constitutionality of the law authorizing the draft has been disputed. Near the close of the year 1814, when the country was engaged in war with Great Britain, a similar law was recommended to Congress by the Government, to draft men to fill the ranks of the army, which was gallantly battling, as our armies are now, for the nation's honor and life. Madison, one of the great expounders of the Constitution, which he took a prominent part in framing, was President. Monroe, his successor, then acting both as Secretary of State and Secretary of War, addressed to the House of Representatives a lucid argument in support of the right of Congress to pass such a law. Alexander J. Dallas was Secretary of the Treasury; William Jones, Secretary of the Navy; Return J. Meigs, Postmaster-general; and Richard Rush, Attorney-general. The measure could not well have received a higher party sanction. All laws passed with the established legislative forms are valid until declared otherwise by judicial tribunals of competent jurisdiction. What would become of a people in critical emergencies if no law could be carried into effect until it had passed the ordeal of the courts? or if State or municipal authorities could arrest its execution by calling in question its conformity to the provisions of the Constitution? The President has promptly consented to have it tested by judicial interpretation; but while the car of victory is moving on, and treason is flying before it, God forbid that the State of New York or its constituted authorities should attempt to stay its progress until the judicial process can be consummated.

The accuracy of the enrolment in the city districts having been impeached, a revision was immediately ordered by the President, on a representation from the Governor of the State. But as the men are needed for immediate service, and as the correction of the returns requires time, the quota was ordered to be reduced in all the districts — in some more than half the whole amount — leaving the account for future adjustment. The reduction in the quota exceeds in proportion the alleged excess of the enrolment; so that no personal injustice can possible occur.

Under these circumstances no good citizen will array himself, either by word or deed, against the draft. Submission to the law in seasons of tranquillity is always the highest of political duties. But when the existence of the Government is in peril he who resists its authority commits a crime of the deepest turpitude. He is the voluntary instrument of those who are seeking to overthrow it, and becomes himself a public enemy. Moreover, resistance to the Government by those who are living under its protection, and arc indebted to it for the daily tenure of their property and their lives, has not even the palliation under which those who lead the insurrection at the South seek to shelter themselves—that they are acting under color of authority derived from Legislatures or conventions of the people in their respective States. With us resistance to the constituted authorities is both treason and lawless violence; and if there are any who thus combine to re-enact the scenes of cruelty and devastation by which this city has recently been dishonored, and to defeat by force of arms the execution of the paramount law of Congress, they will be treated as enemies of the country and mankind.

Returning among you from a distance, fellow-citizens, after more than two years of military service in the cause of the Union, to uphold which this city has, in all emergencies, stood forth with a manly patriotism worthy of her high position—having no feeling but to see her good name preserved without blemish, no wish but that she may continue, as she has ever been, the most Orderly of the great commercial towns of the age — I have ventured to address to you these suggestions, to exhort you to the maintenance of order, to obedience to the laws, and to the quiet pursuit of your accustomed avocations, while the draft is in progress.

Should these suggestions be disregarded by any among you, and renewed attempts be made to disturb the public peace, to break down the barriers which have been set up for the security of property and life, and to defeat the execution of a law which it is my duty to enforce, I warn all such persons that ample preparation has been made to vindicate the authority of the Government, and that the first exhibitions of disorder or violence will be met by the most prompt and vigorous measures for their repression.

John A. Dix, Major-general.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 88-91