IMPRESSMENT.

_Mr. Webster to Lord Ashburton._

Department of State, Washington,

August 8, 1842.

My Lord,--We have had several conversations on the subject of

impressment, but I do not understand that your Lordship has instructions

from your government to negotiate upon it, nor does the government of

the United States see any utility in opening such negotiation, unless

the British government is prepared to renounce the practice in all

future wars.

No cause has produced to so great an extent, and for so long a period,

disturbing and irritating influences on the political relations of the

United States and England, as the impressment of seamen by British

cruisers from American merchant-vessels.

From the commencement of the French Revolution to the breaking out of

the war between the two countries in 1812, hardly a year elapsed without

loud complaint and earnest remonstrance. A deep feeling of opposition to

the right claimed, and to the practice exercised under it, and not

unfrequently exercised without the least regard to what justice and

humanity would have dictated, even if the right itself had been

admitted, took possession of the public mind of America, and this

feeling, it is well known, co-operated most powerfully with other causes

to produce the state of hostilities which ensued.

At different periods, both before and since the war, negotiations have

taken place between the two governments, with the hope of finding some

means of quieting these complaints. At some times, the effectual

abolition of the practice has been requested and treated of; at other

times, its temporary suspension; and at other times, again, the

limitation of its exercise, and some security against its enormous

abuses.

A common destiny has attended these efforts; they have all failed. The

question stands at this moment where it stood fifty years ago. The

nearest approach to a settlement was a convention proposed in 1803, and

which had come to the point of signature, when it was broken off in

consequence of the British government insisting that the _narrow seas_

should be expressly excepted out of the sphere over which the

contemplated stipulation against impressment should extend. The American

Minister, Mr. King, regarded this exception as quite inadmissible, and

chose rather to abandon the negotiation than to acquiesce in the

doctrine which it proposed to establish.

England asserts the right of impressing British subjects, in time of

war, out of neutral merchant-vessels, and of deciding by her visiting

officers who, among the crews of such merchant-vessels, are British

subjects. She asserts this as a legal exercise of the prerogative of the

crown; which prerogative is alleged to be founded on the English law of

the perpetual and indissoluble allegiance of the subject, and his

obligation under all circumstances, and for his whole life, to render

military service to the crown whenever required.

This statement, made in the words of eminent British jurists, shows at

once that the English claim is far broader than the basis or platform on

which it is raised. The law relied on is English law; the obligations

insisted on are obligations existing between the crown of England and

its subjects. This law and these obligations, it is admitted, may be

such as England may choose they shall be. But then they must be confined

to the parties. Impressment of seamen out of and beyond English

territory, and from on board the ships of other nations, is an

interference with the rights of other nations; is further, therefore,

than English prerogative can legally extend; and is nothing but an

attempt to enforce the peculiar law of England beyond the dominions and

jurisdiction of the crown. The claim asserts an extra-territorial

authority for the law of British prerogative, and assumes to exercise

this extra-territorial authority, to the manifest injury and annoyance

of the citizens and subjects of other states, on board their own

vessels, on the high seas.

Every merchant-vessel on the seas is rightfully considered as part of

the territory of the country to which it belongs. The entry, therefore,

into such vessel, being neutral, by a belligerent, is an act of force,

and is, _prima facie_, a wrong, a trespass, which can be justified only

when done for some purpose allowed to form a sufficient justification by

the law of nations. But a British cruiser enters an American

merchant-vessel in order to take therefrom supposed British subjects;

offering no justification, therefore, under the law of nations, but

claiming the right under the law of England respecting the king's

prerogative. This cannot be defended. English soil, English territory,

English jurisdiction, is the appropriate sphere for the operation of

English law. The ocean is the sphere of the law of nations; and any

merchant-vessel on the seas is by that law under the protection of the

laws of her own nation, and may claim immunity, unless in cases in which

that law allows her to be entered or visited.

If this notion of perpetual allegiance, and the consequent power of the

prerogative, was the law of the world; if it formed part of the

conventional code of nations, and was usually practised, like the right

of visiting neutral ships, for the purpose of discovering and seizing

enemy's property, then impressment might be defended as a common right,

and there would be no remedy for the evil till the national code should

be altered. But this is by no means the case. There is no such principle

incorporated into the code of nations. The doctrine stands only as

English law, not as a national law; and English law cannot be of force

beyond English dominion. Whatever duties or relations that law creates

between the sovereign and his subjects can be enforced and maintained

only within the realm, or proper possessions or territory of the

sovereign. There may be quite as just a prerogative right to the

property of subjects as to their personal services, in an exigency of

the state; but no government thinks of controlling by its own laws

property of its subjects situated abroad; much less does any government

think of entering the territory of another power for the purpose of

seizing such property and applying it to its own uses. As laws, the

prerogatives of the crown of England have no obligation on persons or

property domiciled or situated abroad.

"When, therefore," says an authority not unknown or unregarded on either

side of the Atlantic, "we speak of the right of a state to bind its own

native subjects everywhere, we speak only of its own claim and exercise

of sovereignty over them when they return within its own territorial

jurisdiction, and not of its right to compel or require obedience to

such laws, on the part of other nations, within their own territorial

sovereignty. On the contrary, every nation has an exclusive right to

regulate persons and things within its own territory, according to its

sovereign will and public polity."

The good sense of these principles, their remarkable pertinency to the

subject now under consideration, and the extraordinary consequences

resulting from the British doctrine, are signally manifested by that

which we see taking place every day. England acknowledges herself

overburdened with population of the poorer classes. Every instance of

the emigration of persons of those classes is regarded by her as a

benefit. England, therefore, encourages emigration; means are

notoriously supplied to emigrants, to assist their conveyance, from

public funds; and the New World, and most especially these United

States, receive the many thousands of her subjects thus ejected from the

bosom of their native land by the necessities of their condition. They

come away from poverty and distress in over-crowded cities, to seek

employment, comfort, and new homes in a country of free institutions,

possessed by a kindred race, speaking their own language, and having

laws and usages in many respects like those to which they have been

accustomed; and a country which, upon the whole, is found to possess

more attractions for persons of their character and condition than any

other on the face of the globe. It is stated that, in the quarter of the

year ending with June last, more than twenty-six thousand emigrants left

the single port of Liverpool for the United States, being four or five

times as many as left the same port within the same period for the

British colonies and all other parts of the world. Of these crowds of

emigrants, many arrive in our cities in circumstances of great

destitution, and the charities of the country, both public and private,

are severely taxed to relieve their immediate wants. In time they

mingle with the new community in which they find themselves, and seek

means of living. Some find employment in the cities, others go to the

frontiers, to cultivate lands reclaimed from the forest; and a greater

or less number of the residue, becoming in time naturalized citizens,

enter into the merchant service under the flag of their adopted country.

Now, my Lord, if war should break out between England and a European

power, can any thing be more unjust, any thing more irreconcilable to

the general sentiments of mankind, than that England should seek out

these persons, thus encouraged by her and compelled by their own

condition to leave their native homes, tear them away from their new

employments, their new political relations, and their domestic

connections, and force them to undergo the dangers and hardships of

military service for a country which has thus ceased to be their own

country? Certainly, certainly, my Lord, there can be but one answer to

this question. Is it not far more reasonable that England should either

prevent such emigration of her subjects, or that, if she encourage and

promote it, she should leave them, not to the embroilment of a double

and contradictory allegiance, but to their own voluntary choice, to form

such relations, political or social, as they see fit, in the country

where they are to find their bread, and to the laws and institutions of

which they are to look for defence and protection?

A question of such serious importance ought now to be put at rest. If

the United States give shelter and protection to those whom the policy

of England annually casts upon their shores,--if, by the benign

influences of their government and institutions, and by the happy

condition of the country, those emigrants become raised from poverty to

comfort, finding it easy even to become landholders, and being allowed

to partake in the enjoyment of all civil rights,--if all this may be

done, (and all this is done, under the countenance and encouragement of

England herself,) is it not high time that, yielding that which had its

origin in feudal ideas as inconsistent with the present state of

society, and especially with the intercourse and relations subsisting

between the Old World and the New, England should at length formally

disclaim all right to the services of such persons, and renounce all

control over their conduct?

But impressment is subject to objections of a much wider range. If it

could be justified in its application to those who are declared to be

its only objects, it still remains true that, in its exercise, it

touches the political rights of other governments, and endangers the

security of their own native subjects and citizens. The sovereignty of

the state is concerned in maintaining its exclusive jurisdiction and

possession over its merchant-ships on the seas, except so far as the law

of nations justifies intrusion upon that possession for special

purposes; and all experience has shown, that no member of a crew,

wherever born, is safe against impressment when a ship is visited.

The evils and injuries resulting from the actual practice can hardly be

overstated, and have ever proved themselves to be such as should lead to

its relinquishment, even if it were founded in any defensible principle.

The difficulty of discriminating between English subjects and American

citizens has always been found to be great, even when an honest purpose

of discrimination has existed. But the lieutenant of a man-of-war,

having necessity for men, is apt to be a summary judge, and his

decisions will be quite as significant of his own wants and his own

power as of the truth and justice of the case. An extract from a letter

of Mr. King, of the 13th of April, 1797, to the American Secretary of

State, shows something of the enormous extent of these wrongful

seizures.

"Instead of a few, and these in many instances equivocal cases, I have,"

says he, "since the month of July past, made application for the

discharge from British men-of-war of two hundred and seventy-one seamen,

who, stating themselves to be Americans, have claimed my interference.

Of this number, eighty-six have been ordered by the Admiralty to be

discharged, thirty-seven more have been detained as British subjects or

as American volunteers, or for want of proof that they are Americans,

and to my applications for the discharge of the remaining one hundred

and forty-eight I have received no answer; the ships on board of which

these seamen were detained having, in many instances, sailed before an

examination was made in consequence of my application.

"It is certain that some of those who have applied to me are not

American citizens, but the exceptions are, in my opinion, few, and the

evidence, exclusive of certificates, has been such as, in most cases,

to satisfy me that the applicants were real Americans, who have been

forced into the British service, and who, with singular constancy, have

generally persevered in refusing pay or bounty, though in some instances

they have been in service more than two years."

But the injuries of impressment are by no means confined to its

immediate subjects, or the individuals on whom it is practised. Vessels

suffer from the weakening of their crews, and voyages are often delayed,

and not unfrequently broken up, by subtraction from the number of

necessary hands by impressment. And what is of still greater and more

general moment, the fear of impressment has been found to create great

difficulty in obtaining sailors for the American merchant service in

times of European war. Seafaring men, otherwise inclined to enter into

that service, are, as experience has shown, deterred by the fear of

finding themselves erelong in compulsory military service in British

ships of war. Many instances have occurred, fully established by proof,

in which raw seamen, natives of the United States, fresh from the fields

of agriculture, entering for the first time on shipboard, have been

impressed before they made the land, placed on the decks of British

men-of-war, and compelled to serve for years before they could obtain

their release, or revisit their country and their homes. Such instances

become known, and their effect in discouraging young men from engaging

in the merchant service of their country can neither be doubted nor

wondered at. More than all, my Lord, the practice of impressment,

whenever it has existed, has produced, not conciliation and good

feeling, but resentment, exasperation, and animosity between the two

great commercial countries of the world.

In the calm and quiet which have succeeded the late war, a condition so

favorable for dispassionate consideration, England herself has evidently

seen the harshness of impressment, even when exercised on seamen in her

own merchant service, and she has adopted measures calculated, if not to

renounce the power or to abolish the practice, yet at least to supersede

its necessity by other means of manning the royal navy more compatible

with justice and the rights of individuals, and far more conformable to

the spirit and sentiments of the age.

Under these circumstances, the government of the United States has used

the occasion of your Lordship's pacific mission to review this whole

subject, and to bring it to your notice and that of your government. It

has reflected on the past, pondered the condition of the present, and

endeavored to anticipate, so far as might be in its power, the probable

future; and I am now to communicate to your Lordship the result of these

deliberations.

The American government, then, is prepared to say that the practice of

impressing seamen from American vessels cannot hereafter be allowed to

take place. That practice is founded on principles which it does not

recognize, and is invariably attended by consequences so unjust, so

injurious, and of such formidable magnitude, as cannot be submitted to.

In the early disputes between the two governments on this so long

contested topic, the distinguished person to whose hands were first

intrusted the seals of this department[1] declared, that "the simplest

rule will be, that the vessel being American shall be evidence that the

seamen on board are such."

Fifty years' experience, the utter failure of many negotiations, and a

careful reconsideration, now had, of the whole subject, at a moment when

the passions are laid, and no present interest or emergency exists to

bias the judgment, have fully convinced this government that this is not

only the simplest and best, but the only rule, which can be adopted and

observed, consistently with the rights and honor of the United States

and the security of their citizens. That rule announces, therefore, what

will hereafter be the principle maintained by their government. In every

regularly documented American merchant-vessel the crew who navigate it

will find their protection in the flag which is over them.

This announcement is not made, my Lord, to revive useless recollections

of the past, nor to stir the embers from fires which have been, in a

great degree, smothered by many years of peace. Far otherwise. Its

purpose is to extinguish those fires effectually, before new incidents

arise to fan them into flame. The communication is in the spirit of

peace, and for the sake of peace, and springs from a deep and

conscientious conviction that high interests of both nations require

this so long contested and controverted subject now to be finally put to

rest. I persuade myself that you will do justice to this frank and

sincere avowal of motives, and that you will communicate your sentiments

in this respect to your government.

This letter closes, my Lord, on my part, our official correspondence;

and I gladly use the occasion to offer you the assurance of my high and

sincere regard.

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