|
The Embargo
|
The Embargo1808: American Hardships Transcribed by Nancy Piper The Centinel (Gettysburg, Pennsylvania), Wednesday, February 3, 1808 Embargo at Portland Maine A letter just received from the Eastward, informs that the creditors of nearly a dozen merchants in the town of Portland, province of Maine, lately commenced suits against them, and sent the sheriff to attach their good (under a state law) but that the populace rose in anger, and drove the officers out of town with force and menace. The Supreme Court which was to have begun its session the same day, thought it prudent to adjourn till Monday next - N. York Evening Post
The Centinel (Gettysburg, Pennsylvania), Wednesday, May 4, 1808 Reports have reached us, that serious disturbances have taken place in the district of Maine - that the jail in Augusta has been burnt, and an attempt made to burn the court house - that the custom house officers had been driven from their posts, and that the flour had been exported in open day. We sincerely hope those reports may prove unfounded. Much as we question the policy of the embargo, and ardently as we wish for its repeal, we should extremely lament any opposition to it by force, and detest the man who could resort to such a measure. During the existence of any law which has been constitutionally enacted, it it the imperious duty of every citizen to comply with its requisitions, and give efficacy to its provisions -- Wash. Federalist
The Centinel (Gettysburg, Pennsylvania), Wednesday, May 4, 1808 The President had received a letter from the Collector in the northern part of Vermont, stating that the supplementary embargo law cannot be executed in that state; and that the people will, in spite of the law export their produce to Canada. It is said to be in contemplation to direct the Executive of Vermont to order out the militia. -- U.S. Gaz.
The Centinel (Gettysburg, Pennsylvania May 25, 1808 Blessed Effects of the Embargo Extract of a letter from a gentleman in Buckstown (Hancock County, Maine) to his friend in Newburyport, dated April 19, 1808. "The situation of our part of the country is truly alarming. The people being deprived of the profits of their labour in consequence of the embargo, our traders dare not trust them; neither can they possibly pay for those things which they must have, or they and their families suffer. At Frankfort the traders do not think it safe to have stores of corn and flour on hand. They cannot credit them, and the back settlers say they will have them at any rate, if they use force. Civil prosecutions are stopped in many places. Last Friday a sheriff was assaulted back of Frankfort. His papers demanded with a cocked gun presented to his breast, threatening him with instant death if he refused; he complied - they searched his pocket book, took what they chose and released him; threatening him with death if he ever came that way with precepts again. They took 5 or 6 writs in his possession. They say that two of the lawyers offices in Frankfort must be destroyed. I think this will not be done though we have some reason to fear it. About 4 miles from Frankfort near 400 collected in one body, all Indian dresses, ready for any enterprise that might appear for their advantage. The surveyors of land dare not attempt any business for fear of being shot. When or how this will end, none can tell but him who rules the destinies of the nations, and orders all things according to his pleasure - on his arm are we dependent for deliverance."
The Centinel (Gettysburg, Pennsylvania), June 29, 1808 Burlington, Vermont, June 10 The inhabitants of Hinesburgh have held a meeting on the subject of the embargo, and have adopted a memorial highly disapproving of the measure. A detachment of 150 men, under the command of Major Charles Williams, from the militia of Rutland county, marched to the Canada line, a few days since, to assist the Collector (if he should need assistance) in enforcing the embargo laws.
The Centinel (Gettysburg, Pennsylvania), June 29, 1808 New York, June 14 A gentleman arrived in this city on Sunday, direct from Vermont, informs that 2500 men had marched in a body from Rutland and the Borders of the Lake, to prevent the infringement of the Embargo law. H says money is very plenty and produce high - and it is our informant's opinion, that ll the trips that can be sent there, will not prevent the exportation of provisions. The news comes from a gentleman of veracity, and if it is doubted, we can give such a reference as will satisfy to most incredulous.
The Centinel (Gettysburg, Pennsylvania), July 13, 1808 Rutland, Vermont, June 28 The Governor has lately received orders to discharge all the militia lately detached and set to the northward but seventy five. We understand troops of the United States are to fill their place. Two field pieces are going from Springfield to that quarter. A skirmish is said to have taken place at Windmill point in consequence of the taking of a raft, of about two acres square, by Capt. Pratt and retaken by the insurgents some time afterwards in the night. We are happy to learn, however, that no blood was spilt on the part of our government. The insurgents is said amounted to about 100, mostly armed with muskets. It is not known whether they suffered from the fire of the guards or not. In consequence of this affair, we hardly think any part of the militia will be discharged, nor do we think it prudent to discharge them until other troops arrive.
The Centinel (Gettysburg, Pennsylvania), July 13, 1808 Governor Smith has disbanded most of the militia that were marched on to the lines a few days since; and it appears that a detachment of regular troops from the armory at Springfield are ordered to that station. We have heard it stated frequently by gentlemen of respectability, that the greatest proportion of the evaders of the Embargo law, are the warm friends of Jefferson & in conversation decidedly approve of the act. Some of them after being arrested, even get appointed to some of the offices of the custom house. -- Troy Gazette.
The Centinel (Gettysburg, Pennsylvania), July 13, 1808 "Preserving the resources of the country" We are informed that two Mill boats, owned by one Hilliker, & loaded with flour of his own manufacture, were taken possession of this morning, while laying at his own dock (Staten Island) by an officer of government "on suspicion," and brought off. The flour, we understand, was intended for the N. York market where Mr. Hilliker has been in the habit of sending it for years past. But since the last Supplementary Embargo Law and the Circular thereto, a farmer can scarcely transport his flour from his mills across a creek to his own house but he is immediately suspected of attempting to evade the embargo, and is liable to have the whole seized. Since the government have condescended to take such car of us, whenever we appear upon the water, why not go further and take care of use, whenever we appear upon the LAND also! The next circular will peradventure direct the proper officer, whenever he sees a farmer driving his cattle from one pasture to another, to be suspicious of him and seize them as a violation of the Embargo. P.S. Would it not be a good plan for government to place spies in all our four mills. -- N. Y. Ev. Post.
The Centinel (Gettysburg, Pennsylvania), July 20, 1808 Middlebury, Vermont, June 14 "Party spirit runs high with us. Troops have been raised for our frontiers and again disbanded. Last night an express passed through this town, on his way to the Governor, for more troops, informing, that a very large and valuable Raft, which had been sized by Government (upon the Lake) and a guard of 12 men placed upon it, was attacked about one o'clock at night, by a party of 150 men "from Canada," and carried in; - many shots were exchanged, but the night being dark no injury was done to our men. It is conjectured, that some of the Canadians were either killed or wounded, as marks of blood were discovered next morning. What will be the issue, it is difficult to conjecture. The shores of the Leak near the line, are crouded with ashes and pork, which the Canadians threatened to take by force. I think it highly probable they will attempt it; if so serious consequences will ensue, as the commander at Swanton, is highly irritated at the last attack."
The Centinel (Gettysburg, Pennsylvania), July 20, 1808 Burltington Vt. June 17 "Dog eat Dog" We hear from Alburgh that an armed force of 90 men, in disguise have taken the last raft on Lake Champlain (owned by a democrat) and rowed it over the lines. It is said there was little opposition. No lives lost. This is the first instance of force being opposed to the embargo, and it comes from democrats.
The Centinel (Gettysburg, Pennsylvania), August 31, 1808 It appears by an article under the Burlington head that discontent has risen to a height truly alarming in the state of Vermont. We are fully aware of the hardships which those industrious people are suffering in consequence of the ill advised and ruinous measures of the government, and most sincerely commiserate their condition; but we are surprised and mortified at finding New England men, men of steady habits resorting to such irregular, such treasonable means of redressing their wrongs. We fear that the short reign of democracy in the state of Vermont has caused degeneracy in the morals and principles of the people. Instead of taking themselves to arms, on such a trying occasion, they should betake themselves to the elections, and take care that no man shall be elected to represent them, either in the general or state government, who is not a decided friend of commerce and freedom, and a determined foe to French intrigues and embargoes. -- U.S.Gaz.
The Centinel (Gettysburg, Pennsylvania), December 7, 1808 Rutland Vermont, November 3 EMBARGO The Circuit Court of the United States, commenced a special session in this town on Thursday last, for the trial of Frederick Job and John Hoxie, on indictments for High Treason. Present the hon. B. Livingston, one of the judges of the supreme court of the U. States, and the hon. Elijah Paine, judge of the district court of Vermont. The court were occupied in impaneling the jury and other preparatory business, till Saturday evening. On Monday morning, F. Hoxie was called to the bar, and a number of witnesses were examined on the part of the government, when the Counsel for the prisoner stated that they had several witnesses, but should decline taking up the time of the court in their examination, as they conceived it wholly unnecessary. Col. Harrington opened the cause and recapitulated the evidence on the part of government. The hon. S. Hitchcock & D. Farrand, Esqr's., spoke in behalf of the prisoner, and the district attorney made the closing plea. Judge Livingston then rose, and in a clear, concise, energetic and profoundly eloquent address to the jury, expounded the law and defined the crime of treason; in the course of which, he cited many precedents; comprising the opinions of the most distinguished judges in England and America, in which opinions the court perfectly coincided, to show that no single act in opposition to, or in evasion of the law, however violent or flagrant, where the object is private gain, can be construed into levying war against the United States - the offence set up in the indictment. The jury retired about half past 11 o'clock at night, and in a few moments returned with their verdict - NOT GUILTY. On Tuesday morning, the district attorney entered a nolle prosequi on the other indictments, and the court adjourned without day.
The Centinel (Gettysburg, Pennsylvania), December 14, 1808 From the 21st of Nov. to the 2d of Dec., the senate of the U. States were chiefly engaged in the discussion of the resolution offered by Mr. Hillhouse for the repeal of the embargo laws. On the 2d inst., on motion by Mr. Reed, to refer the said motion to the committee appointed on the 11th Nov. to whom was referred so much of the President's message as relates to the several embargo laws, it was determined in the negative - Yeas 5 - Nays 26. On the question to agree to the original motion, it was determined in the negative - Yeas 6 - Nays 26. Yeas - Messrs Gilman, Goodrich, Hillhouse, Lloyd, Pickering and White. (The remainder in the negative.)
The Centinel (Gettysburg, Pennsylvania), December 14, 1808 In the Senate it has been determined by a majority of twenty five to six, not to repeal the Embargo; and in the House it has been determined by a majority of eighty four to twenty one to prohibit the admission of British or French public or private vessels into the ports of the U. States, or the importation of goods, wares or merchandize, the growth, produce, or manufacture of the dominions of the said powers; and as preliminary to, or consequence on, this determination, it has been likewise decided that the "U. States cannot, without a sacrifice of their rights, honor and independence submit to the late edicts of G. Britain and France"; and that "measures ought to be immediately taken for placing the country in a more complete state of defense." These votes decide unequivocally the disposition of the government in all its branches, and prove its determination to maintain the ground it has already taken, or to occupy such higher ground as circumstances may require. - Nat. Intelligencer.
|
The Embargo1809: The Repeal of the Embargo Transcribed by Nancy Piper The Centinel (Gettysburg, Pennsylvania) January 4, 1809 From Congress We have nothing of importance since our last. A non intercourse bill has not yet been reported. Another supplement to the embargo law, has passed the senate, and has passed to the second reading in the house of representatives.
The Centinel (Gettysburg, Pennsylvania) January 4, 1809 Georgetown, Col, Dec. 20 The embargo bill No. 5, introduced into the senate by Mr. Giles ( a bill which, if we did not fear the thrust of a bayonet as a reward for the truth of our assertion, we should say, lays the axe to the root of civil liberty) and for some days under discussion in that body, was yesterday recommitted to the committee that reported it, and two new members added.
The Centinel (Gettysburg, Pennsylvania) February 1, 1809 Extract of a letter from Boston, dated January 18, 1809 Sir, Since writing my last letter, the additional embargo law has arrived, and has had an astonishing effect on the people generally of this place, democrats as well as Federalists. A few days previous to it being received a large number of vessels cleared out from here, in ballast, and went off; some to Europe and some to the West Indies. The commotion has been such that the custom house is shut up, and it is generally reported that the Collector and his deputy have resigned their offices. State Street, the principal street in this place, has had thousands of people in it this morning, and I fear, from the extreme violence of the people, and the sentiments of a very large majority of the members, that there will be very serious work. There is hardly a man in Boston but what declares his sentiments openly, that rather than submit any longer to the embargo, he would prefer a separation of the union: I believe they wait only for the sitting of the legislature, which meets next week, when I am very positive you will soon hear of serious work in this state.
The Centinel (Gettysburg, Pennsylvania) February 1, 1809 Extract of a letter from Boston, to the Editor of the Mercantile Advertiser. "The Schooner which was taken by the Wasp, and on board of which a prize master and four men were put, went into Cape Harbour, where information was sent to the owners, who immediately dispatched a number of men, by whom the vessel was retaken, and they proceeded to sea with her. The officer and four men have arrived in town.
The Centinel (Gettysburg, Pennsylvania) February 1, 1809 A letter from a respectable gentleman at Portland, mentions a report that a large ship laden with cotton sailed from Bath, on Thursday last; that the captain applied for a clearance, and offered bands to twice the amount of vessel and cargo; which was refused, the collector demanding three times the amount; that the ship then proceeded without a clearance; beat off the revenue cutter; and passed the Port. The soldiers discharged two heavy guns which were loaded, and then refused to obey their Officers, declaring they would not fire on their own countrymen. -- Palladium.
The Centinel (Gettysburg, Pennsylvania) February 1, 1809 Boston, January 14. A gentleman, just arrived from Canada, informs, that between Montreal & Middlebury, in Vermont, he counted 700 sleights going to and returning from that province. Those going were loaded with provisions, por ashes, & C. We hope those returning were bringing back a part of the Five Millions of dollars, which had found their way out of the U. States since our wretched Embargo system was adopted. The General Court of this state will meet in this town the 25th instant.
The Centinel (Gettysburg, Pennsylvania) February 1, 1809 Honorable and Patriotic On Sunday last, the new embargo act arrived in town. On Monday, our collector, the venerable General Lincoln, who is now descending to the grave with wounds received in the struggle for freedom; and Benjamin Weld, Esq., deputy collector, both resigned the offices -- Boston Rep. It is understood, that the merchants of this town have generally determined not to comply with the new embargo requisitions. Having deposited their goods in the stores and warehouses, when they had a legal right so to do, they will not submit to any regulation which is in effect an expost facto law. They will neither give bonds nor unload their vessels, and if the officers of the U. States attempt to take possession, they will trust to an independent judiciary of their own state for protection. -- Bost. Centinel.
The Centinel (Gettysburg, Pennsylvania) February 1, 1809 Extract of a letter from an officer in the U. States' army to the Editors of the Boston Chronicle, dated Burlington, Ver., January 8, 1809 I have taken the liberty to inform you of the proceedings of the Supreme Court in this place on the trial of Samuel I. Mott, one of the murderers in the taking of the Black Snake. This Mott has had one trial before, but in consequence of the officer not being sworn, the verdict of the jury (which was guilty) was laid aside and a new trial ordered: this trial has been before the court for three days past. Last night, at 12, the jury returned a verdict of man slaughter. It is a most astonishing fact, that politics will have such influence over a jury, as to return a verdict of man slaughter, when it was proved, to the satisfaction of every one present, that he, Mott, had deliberately taken a wall piece and shot two men, ¼ of an hour after their boat was taken; the fact was not even denied by the prisoner's counsel. Messrs Chipman, Ryes and Marsh were counsel for the prisoner. The States' Attorney and Mr. Vanness in behalf of the government. Judge Tyler presided. This trial will not end here, or rather the consequences. Immense quantities of produce, of every description, find their way into Canada every day; on a fair calculation, 100 loads per day, for fifteen days past, have gone into Canada through Swanton. There are a number of other roads, and we cannot make a calculation how many loads go over the lines. These sleighs and sleds are driven by a desperate set of fellows, many of whom are armed, and have been encouraged to defend themselves against any force that attempts to take them. At present we have no authority to stop them, but when the new law arrives we shall have some employment. I have not the least doubt but some lives will be lost in consequence of this verdict.
The Centinel (Gettysburg, Pennsylvania) April 5, 1809 On Saturday morning about 12 o'clock John Smith, Esq., Marshal of this District having received the process in the case of Olmstead vs. Rittenhouse's Executrixes, proceeded to the house of Mrs. Sergeant, one of the ladies, attended by his two deputies, to execute it. When he was within ten or fifteen feet of the door, the sentinel presented his bayonet at the Marshal's breast and ordered him to proceed no further. The Marshal asked him if he knew who he was. The sentinel replied - I cannot know any man; my duty is to prevent any person from going into that house and I will do my duty. Mr. Smith told him that he was the Marshal of the U. States, come to execute a process. By this time the officer of the guard, with a file of men came up, cleared the pavement of all except the Marshal and a few who were in his company. The Marshal who had never moved from the spot in which he had halted when the sentinel first presented his bayonet, and had behaved with great coolness, and firmness, now addressed the officer and told him who he was, and that he had come to execute process, which he would do at the risk of his life. He then attempted to make towards the door, but was prevented by the men who were ordered to charge bayonet and resist him. The Marshal finding he was opposed by a body of men in military array, demanded of the officer then present, the name of his superior officer, and was informed that it was General Bright, who was sent for - in the meantime, the Marshal caused the names of all the men who were in uniform and had then with hostile weapons opposed the execution of the laws, to be taken down to be reported to the proper tribunal. In about half an hour, Gen. Bright appeared and immediately ordered the men, who were then at a shoulder, to charge bayonet. The marshal against whose breast the bayonets were charged and who could not have advanced six inches without danger to his life, demanded of Gen. Bright, if he know that he was Marshal of the U.S. of this district. - Gen. Bright replied yes. The Marshal read aloud his writ and declared he would execute it at the peril of his life, at the same time made an attempt to move forward - Bright said "at the peril of your life do it." And immediately a bayonet was charged at him so close as to touch his breast. The marshal then read aloud to the soldiers and people his commission as Marshal of the U. States, for this District, and addressed them in the following words, as nearly as we can remember them. Fellow Citizens Imperious duty commands my attendance at this time, and place, in order to execute the process now in my hand, and which has been issued by virtue of a mandate from the highest Judicial Tribunal of our Country. In the performance of my duty, I shall be governed by produce and discretion, and with all that firmness which should at all times influence those who are entrusted officially with the execution of the laws. It is with painful regret I view the collision existing between the State and the paramount authority of the U. States, and it will become the serious consideration of those of my fellow citizens who now appear in military array, how far they may consider themselves authorized or justified in resisting the laws of the land. The love of country and a due sense of duty, I hope will induce those who I now more particularly address, to withdraw themselves from the opposition now made to the performance of my public duty - for be it known to you, that the Constitution & laws of the U. States consider an opposition to the execution of Judicial Process, was a high misdemeanor. The situation in which you are placed is a serious one, and should excite reflection and deliberation; for deliberation time is necessary, which if you require, will be granted. For I now solemnly declare my intention of eventually executing the process in this case, which has excited so much serious apprehension for the peace and welfare of our common country. My duty will require of me the raising of the Posse of the District, if the opposition is not withdrawn, of which power I shall avail myself if necessary, in enforcing the mandate of the laws. The Marshal then asked Gen. Bright, if he wanted time to deliberate. He replied no, I am ready and determined to resist. In the name and by the authority of the U. States, said the Marshal addressing the soldiers, I command you to lay down your arms and permit me to proceed. In the name and by the authority of the commonwealth of Pennsylvania, I command you to resist him, replied Gen. Bright, in which he was obeyed. The Marshal finding it impossible to serve his process at this place, proceeded to the house of Mrs. Waters, where he again attempted to serve it, but was again resisted and compelled to retire. Troops are still stationed there and we learn that the Philadelphia Legion has been ordered out to oppose the Marshal whenever he shall again attempt to serve his process, which we understand he will do with a posse unless the money is paid. -- True American.
The Centinel (Gettysburg, Pennsylvania) April 5, 1809 Extract of a letter from Lancaster dated March 27. "A Cabinet Council is now holding on the deeply interesting case of Olmstead. It had been supposed that the Marshal "good easy man," would make but a faint attempt to enforce the service of the process. The active attempt made by him has awakened the most serious apprehension at the Thuilleries. The Attorney General is here, and, after all the blustering, the voice of prudence is at length heard, and it is understood, that measures will be taken to compromise matters with the much injured old Veteran."
The Centinel (Gettysburg, Pennsylvania) April 26, 1809 The Prospect Brightening It is reported that Mr. Oakley just arrived at Washington, has brought overtures to our government for an accommodation, of which as a preliminary, the British government offers to make a formal concession, and acknowledgement of wrong in the case of the Chesapeake, and an offer of maintenance to the families of such as were killed in that unhappy affair. The citizens of the U. States, impressed in the British navy, are to be released and permitted to return to the U. States. The proclamation authorizing impressments to be recalled. The abrogation of the orders of council, as to the U. States. The disavowal of the proclamations issued by British officers inviting to the violation of the laws of the U. States. And a proposition for a treaty of amity, commerce, and navigation, upon principles of equal rights; the free admission of the ships and productions of each country, into the ports of the other, without paying more than the port and light-house duties. -- Aurora
The Centinel (Gettysburg, Pennsylvania) April 26, 1809 Philadelphia, April 12. Olmsted's Case The grand jury now sitting for the Circuit Court of the U. States, have found bills of indictment against Gen. Bright, and eight other persons for a misdemeanor in resisting the process of the district court issued in this case. We understand that the Marshal is preparing to organize the posse to the number of 2,000 persons, to enable him to execute the process.
The Centinel (Gettysburg, Pennsylvania) April 26, 1809 The Arrest About six o'clock on Saturday morning last the Marshal of the district, having eluded the vigilance of the guard, effected an entrance through the garden into the house of Mrs. Sergeant, and arrested her by virtue of the process issued out of the U. States Court, at the suit of Gideon Olmsted. Much praise is due to Mr. Smith, the marshal, for his humane perseverance in discharging his duty, in a peaceable manner, without the intervention of the posse comitotis which he had summoned for Tuesday. The Attorney general applied to Chief-Justice Tilghman for a writ of habeas corpus to release Mrs. Sergeant from custody, which has issued, and the hearing will take place at the Chief-Justice's chamber, this morning at 9 o'clock.
The Centinel (Gettysburg, Pennsylvania) May 3, 1809 Philadelphia, April 16 At twelve o'clock this day, Mr. chief justice Tilghman, delivered his opinion on the writ of Habeas Corpus, issued to the Marshal of the district, to bring Mrs. Sergeant before him; after a luminous exposition of the material facts of the case, and the law connected with them, the Chief Justice decided that the Court of the United States had jurisdiction therein, and that Mrs. Sergeant remain in the custody of the Marshal.
The Centinel (Gettysburg, Pennsylvania) May 3 1809 PEACE AND FRIENDSHIP BETWEEN AMERICAN AND ENGLAND We stop the press to insert the following pleasing intelligence From the National Intelligencer IMPORTANT Since the arrival of Mr. Oakley at Washington, Mr. Smith, Secretary of State, and Mr. Erskine, the British Minister, have been, we understand, every day engaged in discussions in relation to two points of difference between the U. States and G. Britain, which it seems, Mr. Erskine has been authorized to arrange in virtue of powers, received from his government by the British sloop of war, now lying at Hampton, subject to his orders. The following Notes show the happy result of these discussions.
Mr. Erskine to Mr. Smith Washington, 17th April, 1809 SIR, I have the honor to inform you that I have received his Majesty's commands, to represent to the government of the U. States that his Majesty is animated by the most sincere desire for an adjustment of the differences, which have unhappily so long, prevailed between the two countries, the recapitulation of which might have a tendency to impede, if not prevent an amicable understanding. It having been represented to his Majesty's government, that the Congress of the U. States, in their proceedings at the opening of the last session, had evinced an intention of passing certain laws, which would place the relations of G. Britain with the U. States upon an equal footing, in all respects, with the other belligerent powers, I have accordingly received his Majesty's commands, in the event of such laws taking place, to offer, on the part of his Majesty, an honorable reparation for the aggression, committed by a British naval officer, in the attack on the U. States frigate the Chesapeake. Considering the act, passed by the Congress of the U. States on the first of March (usually termed the Non-intercourse act) as having produced a state of equality, in the relations of the two belligerent powers, with respect to the U. States, I have to submit, conformably to instructions, for the consideration of the American government, such terms of satisfaction and reparation, as his Majesty is induced to believe, will be accepted, in the same spirit of conciliation, with which they are proposed. In addition to the prompt disavowal made by his Majesty, on being apprised of the unauthorized act, committed by his naval officer, whose recall, as a mark of the King's displeasure, from a highly important and honorable command, immediately ensued, his Majesty is willing to restore the men forcibly taken out of the Chesapeake, and if acceptable to the American government, to make a suitable provision for the unfortunate sufferers on that occasion. I have the honor to be, With sentiments of the highest Respect and consideration, Sir, Your most obedient humble servant, D. M. Erskine. The hon. Robert Smith, Esq. Sec'y of State, &c, &c, &c
[No. II.] Department of State April 17, 1809 SIR, I have laid before the President your note, in which you have, in the name and by the authority of his Britannic Majesty declared that his Britannic Majesty is desirous of making an honourable reparation for the aggression committed by a British naval officer in the attack on the Chesapeake; that in addition to his prompt disavowal of the act, his Majesty, as a mark of his displeasure, did immediately recall the offending officer from a highly important and honourable command; and that he is willing to restore the men forcibly taken out of the Chesapeake, and, if acceptable to the American government, to make a suitable provision for the unfortunate sufferers on that occasion.
The government of the U. States having, at all times, entertained a sincere desire for an adjustment of the differences, which have so long and so unhappily subsisted between the two countries, the President cannot but receive with pleasure assurance, that his Britannic Majesty is animated by the same disposition, and that he is ready in conformity to this disposition, to make atonement for the insult and aggression committed by one of his naval officers in the attack on the U. States frigate the Chesapeake.
As it appears, at the same time, that, in making this offer, his Britannic Majesty derives a motive from the equality, now existing, in the relations of the U. States, with the two belligerent powers, the President owes it to the occasion, and to himself, to let it be understood, that this equality is a result incident to a state of thing, growing out of distinct considerations.
With this explanation, as requisite as it is frank, I am authorized to inform you that the President accepts the note delivered by you, in the name and by the order of his Britannic Majesty, and will consider the same, with the engagement contained therein, when fulfilled, as a satisfaction for the insult and injury of which he has complained. But I have it in express charge from the President to state, that while he forbears to insist on a further punishment of the offending officer, he is not less sensible of the justice and utility of such an example, nor the less persuaded that it would best compost with what is due from his Britannic majesty to his own honor.
I have the honour to be, With the highest respect and Consideration, Sir, Your most ob't servant, R. SMITH
The Hon. David M. Erskine, Esq. Envoy Extraordinary And Minister Plenipotentiary of His Britannic Majesty.
[No. III.] Mr. Erskine to Mr. Smith Washington, April 18th, 1809 SIR, I have the honor of informing you, that his majesty, having been persuaded that the honorable reparation which he had caused to be rendered for the unauthorized attack upon the American frigate the Chesapeake would be accepted by the government of the U. States in the same spirit of conciliation, with which it was proposed, has instructed me to express his satisfaction, should such a happy termination of that affair take place - not only as having removed a painful case of difference, but as affording a fair prospect of a complete an cordial understanding being re-established between the two countries. The favorable change in the relations of his Majesty with the United States, which has been produced by the Cat (usually termed the Non-Intercourse Act) passed in the last session of Congress, was also anticipated by his Majesty and had encouraged a further hope that a reconsideration of the existing differences might lead to their satisfactory adjustment. On these grounds and expectations, I am instructed to communicate to the American government, his Majesty's determination of sending to the U. States, an Envoy Extraordinary, invested with full powers to conclude a treaty on all the points of the relations between the two countries. In the meantime with a view to contribute to the attainment of so desirable an object; his Majesty would be willing to withdraw his orders in Council of January and November, 1807, so far as respects the United States, in the persuasion that the president would issue a proclamation for the renewal of the intercourse with G. Britain, & that whatever difference of opinion should arise in the interpretation of the terms of such an agreement will be removed in the proposed negotiation. I have the honor to be, with sentiments of the highest consideration and esteem, Sir, your most obedient humble servant, D. M. ERSKINE Hon. Robert Misth, &c. &c. &c.
[No. IV.] MR. SMITH TO MR. ERSKINE Department of State April 18th, 1809 SIR, The note which I had the honor of receiving from you this day I lost no time in laying before the President, who being sincerely desirous of a satisfactory adjustment of the differences unhappily existing between Great Britain and the United States, has authorized me to assure you, that he will meet with a disposition correspondent with that of his Britannic majesty, the determination to send to the United States a special envoy, invested with full powers to conclude a treaty on all the points of the relations between the two countries. I am further authorized to assure you that in case his Britannic majesty should in the mean time withdraw his orders in council of January and November, 1807, so far as respects the U. States, the president will not fail to issue a proclamation by virtue of the authority and for the purposes specified in the eleventh section of the statute, commonly called the Non-intercourse act. I have the honor to be, & c. (Signed) R. SMITH
[No. V.] MR. ERSKINE TO MR. SMITH Washington, April 19, 1809 SIR, In consequence of the acceptance by the President, as stated in your last letter dated the 18th inst., of the proposals made by me on the part of his majesty, in my letter of the same day, for the renewal of the intercourse between the respective countries, I am authorized to declare that his majesty's orders in council of January and November 1807, will have been withdrawn as respects the U. States, on the 10th day of June next. I have the honor to be, With great respect and Consideration, Sir, Your most obedient servant, (Signed) M.D. ERSKINE
Hon. Robert Smith, &c. &c. &c.
[No. VI.] Mr. Smtih to Mr. Erskine Department of State, April 19, 1809 SIR, Having laid before the President your note of this day, containing an assurance, that his Britannic majesty will, on the 10th day of Juen enxt have withdrawn his Orders in Council of January and November 1807, so far as respect the U. States, I have the honor of informing you that the President will accordingly, and in pursuance of the eleventh section of the statue commonly called the Non-Intercourse Act, issue a Proclamation, so that the trade of the United States, with Great Britain may on the same day be renewed, in the manner provided in the said section. I have the nor, &c. &c. Signed, R. SMITH
BY THE PRESIDENT OF THE U. STATES OF AMERICA A PROCLAMATION Whereas it is provided by the 11th section of the act of Congress entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purpose," that "in case either France or G.B. shall so revoke or modify her edicts as, they shall cease to violate the neutral commerce of the United States," the president is authorized to declare the same by proclamation, after which the trade suspended by the said act and by an act laying an embargo on all ships and vessels in the ports and harbours of the United States and the several acts supplementary thereto, my be renewed with the nation so doing. And whereas the honourable David Montague Erskine, his Britannic majesty's envoy extraordinary and minister plenipotentiary, has by the order & in the name of his sovereign declared to this government that the British orders in council of January and November, 1807, will have been withdrawn as respects the United States, on the 10th day of June next. Now, therefore, I, JAMES MADISON, President of the U. States, do hereby proclaim that the orders in council aforesaid will have been withdrawn on the tenth day of June next; after which the trade of the United States with Great Britain as suspended by the act of congress above mentioned, and an act laying an embargo on all ships and vessels in the ports and harbor of the United States, and the several acts supplementary thereto, may be renewed. Given under my hand and seal of the United States, at Washington, the nineteenth day of April, in (L.S.) the year of our Lord, one thousand eight hundred and nine, and of the independence of the United States the thirty-third. JAMES MADISON. By the President. Rt. Smith, Secretary of state.
The Centinel (Gettysburg, Pennsylvania) May 17 1809 Philadelphia, May 3 In the case of the U. States vs. Michael Bright and others, the Circuit Court decided on the special verdict, that the defendants were guilty, and yesterday afternoon the prisoners being placed at the bar, the district Attorney addressed the Court and said, that in compliance with his duty, he called upon the Court to pronounce the sentence of the Law. This duty the most painful he had ever been called to perform, he would on his own responsibility, had omitted to perform for the present, if the Attorney General of Pennsylvania, on behalf of the constituted authorities of the State, had or would request it. No reply was made by the counsel for the defendants. Judge Washington then rose and addressed the prisoners as follows: A concluding period has now arrived to the long and deplorable contest, in which you have been, under mistaken notions of duty, most unfortunate for the character of our common country, and peculiarly of this respectable part of it, engaged. The origin of the controversy is lost sight of in the more important and dangerous consequences which have grown out of it. If the measure of which you unhappily permitted yourselves to be made the instruments, had not been checked in its commencement, it might by its effects and example have swelled into an irresistible torrent, prostrating in its course the liberties, the laws, the happiness and the safety of the nation. That such was the object, or that this was the melancholy catastrophe either intended or desired, we have not the most distant belief. But such most be the result when arms are opposed to laws, and force is resorted to in resistance to the deliberate and disinterested decrees of the tribunals of Justice, or the lawful acts of the other departments of our government. In the members of this court, there exists no other feeling or recollection, than such as the most sincere regrets inspire, that the occurrences we so much deplore have arisen from decisions in which we have, in our respective stations had a taste. We should be unworthy of the responsible stations in which we are placed, if we suffered any other than public motives connected with a sense of duty to influence our conduct. Our task has been a painful one, but we have endeavored to perform it with impartiality. We reflect with pleasure that every opportunity was offered for discussion, and that this case has been conducted with greater latitude and range of arguments, than perhaps would have been strictly right on common occasions. Everything has been done and said which could contribute to a clear understanding of the case. The decision has been made on the law as it arises on the facts founded b the jury, too plain and palpable to admit of difficulty or doubt, with the most entire conviction and belief of its rectitude. It is obvious that you have mistaken a supposed duty which you presumed you owed to the constituted authorities of your particular state, while you were opposing the laws of the United States and violating predominant obligations. None more highly can appreciate than we do, the military spirit of our fellow citizens, and the discipline and subordination of our militia. Those attributed when required in laudable and necessary efforts for the support of the laws, or for the safety of our country, are highly recommendable. But when employed, as yours have been, in measures of resistance to established principles of the constitution and in violation of the peace and good order of the nation, they become destructive in their immediate effects, and widely mischievous in their example. We do not say this reproachfully, being persuaded that you acted under mistaken notions of duty; it comes us at the same time to express in pointed terms our disapprobation. As it has been your lot to be engaged in a measure which, on reflection hereafter, you cannot yourselves approve, it should alleviate any unpleasant consequences you may experience in you situations, that nothing will wipe away the unfortunate stain on our republican systems but submission to the correction of the law, not vindictive, but exemplary and salutary. If physical force is rendered by the superior power of the laws, we need not regard the reproaches nor the predictions of those unfriendly to Republican forms of Government. It does not lie with us to enter into those considerations which belong exclusively to another department of the government. Our duty is prescribed and we must obey. Instances in other cases have occurred, wherein the imperative obligations of duty have induced decisions contrary to the wishes and feeling of those who gave them. Your case, and particularly that of the commanding officer, is less susceptible of apology than those alluded to. You were called upon to act in an enlightened city, were the means of information on legal and political subjects are particularly great, and where it was in your power at any moment to have obtained the bail advice as to the obligation of the orders you received. If you listened to improper council we can only lament the circumstance. It is our duty, however unpleasant the exercise of it, to pronounce the following sentences in your in your several cases, and in fixing the degrees of punishment, we have not been inattentive to every circumstance which has been offered in your favor. The triumph of the laws over military force arrayed against them is sufficient for their objects. The measure of punishment is in your unfortunate case particularly, of small comparative importance. Example and not severity is dictated by our duty and has been our aim. The sentences of the Court, are that you Michael Bright, be imprisoned for the term of three months, and pay a fine of two hundred dollars, to the U. States, and that you James Atkinson, Wm. Cople, Charles Westfell, Samuel Wiken, Abraham Ogden, Daniel Phrie, Charles Houg and John Knine be severally imprisoned for the term of one month, and severally pay a fine of fifty dollars, to the U. States, and stand committed till those sentence are complied with. The Marshall immediately conducted the prisoners to Jail, where they are now confined. All was testified in peace and tranquility, let to the honor of our city be it mentioned, that the demands of the laws have been satisfied without resistance or riot.
The Centinel (Gettysburg, Pennsylvania) May 24, 1809 Gen. Bright, and the other citizens of the militia who were sentenced to fine and imprisonment for resisting the execution of the laws of the U. States, in the case of Olmstead, were yesterday evening released; the President of the U. States having in special form remitted both species of penalty, considering the law as satisfied as far as related to those citizens, who acted under the erroneous orders of the Governor of the state. -- Aurora. The humor of it is, that after the pardon was received, Bright and his fellow prisoners were conducted home by Binns and his associates, accompanies by the brisk sounds of the fife, drum, and hurdy gurdy. And a meeting was called, at which Mathew Carcy presided, when it was unanimously resolves to give Bright a feast, for his valiant defence of the rights and the sovereignty of the state! -- Tunes.
The Centinel (Gettysburg, Pennsylvania) May 24, 1809 The N. York Gazette of May 11 says "We have not, for almost two years witnessed an exhibition so much like "the good old times," as that of yesterday. In the course of the day, nearly forty vessels from sea entered this port, with a fine breeze from S. East, loaded principally with our own product, intended to be shipped from this grand depot of the union to foreign ports. In addition to this, at the same time, fine ships, brigs and schooners were seen coming down from Eastern ports - and others loaded were dropping out of the east into the north river, to embrace the first favorable wind to put to sea. There are now at anchor off the battery, ten or twelve ships, and several brigs and schooners, ready for sea."
|