Not content with these occasional expedients for laying waste our

neutral trade, the cabinet of Britain resorted at length to the sweeping

system of blockades, under the name of orders in council, which has

been molded and managed as might best suit its political views, its

commercial jealousies, or the avidity of British cruisers.

To our remonstrances against the complicated and transcendent injustice

of this innovation the first reply was that the orders were reluctantly

adopted by Great Britain as a necessary retaliation on decrees of her

enemy proclaiming a general blockade of the British Isles at a time when

the naval force of that enemy dared not issue from his own ports. She

was reminded without effect that her own prior blockades, unsupported by

an adequate naval force actually applied and continued, were a bar to

this plea; that executed edicts against millions of our property could

not be retaliation on edicts confessedly impossible to be executed; that

retaliation, to be just, should fall on the party setting the guilty

example, not on an innocent party which was not even chargeable with an

acquiescence in it.

When deprived of this flimsy veil for a prohibition of our trade with

her enemy by the repeal of his prohibition of our trade with Great

Britain, her cabinet, instead of a corresponding repeal or a practical

discontinuance of its orders, formally avowed a determination to persist

in them against the United States until the markets of her enemy should

be laid open to British products, thus asserting an obligation on a

neutral power to require one belligerent to encourage by its internal

regulations the trade of another belligerent, contradicting her own

practice toward all nations, in peace as well as in war, and betraying

the insincerity of those professions which inculcated a belief that,

having resorted to her orders with regret, she was anxious to find an

occasion for putting an end to them.

Abandoning still more all respect for the neutral rights of the United

States and for its own consistency, the British Government now demands

as prerequisites to a repeal of its orders as they relate to the United

States that a formality should be observed in the repeal of the French

decrees nowise necessary to their termination nor exemplified by British

usage, and that the French repeal, besides including that portion of the

decrees which operates within a territorial jurisdiction, as well as

that which operates on the high seas, against the commerce of the United

States should not be a single and special repeal in relation to the

United States, but should be extended to whatever other neutral nations

unconnected with them may be affected by those decrees. And as an

additional insult, they are called on for a formal disavowal of

conditions and pretensions advanced by the French Government for which

the United States are so far from having made themselves responsible

that, in official explanations which have been published to the world,

and in a correspondence of the American minister at London with the

British minister for foreign affairs such a responsibility was

explicitly and emphatically disclaimed.

It has become, indeed, sufficiently certain that the commerce of

the United States is to be sacrificed, not as interfering with the

belligerent rights of Great Britain; not as supplying the wants of

her enemies, which she herself supplies; but as interfering with the

monopoly which she covets for her own commerce and navigation. She

carries on a war against the lawful commerce of a friend that she may

the better carry on a commerce with an enemy--a commerce polluted by the

forgeries and perjuries which are for the most part the only passports

by which it can succeed.

Anxious to make every experiment short of the last resort of injured

nations, the United States have withheld from Great Britain, under

successive modifications, the benefits of a free intercourse with their

market, the loss of which could not but outweigh the profits accruing

from her restrictions of our commerce with other nations. And to entitle

these experiments to the more favorable consideration they were so

framed as to enable her to place her adversary under the exclusive

operation of them. To these appeals her Government has been equally

inflexible, as if willing to make sacrifices of every sort rather than

yield to the claims of justice or renounce the errors of a false pride.

Nay, so far were the attempts carried to overcome the attachment

of the British cabinet to its unjust edicts that it received every

encouragement within the competency of the executive branch of our

Government to expect that a repeal of them would be followed by a war

between the United States and France, unless the French edicts should

also be repealed. Even this communication, although silencing forever

the plea of a disposition in the United States to acquiesce in those

edicts originally the sole plea for them, received no attention.

If no other proof existed of a predetermination of the British

Government against a repeal of its orders, it might be found in the

correspondence of the minister plenipotentiary of the United States at

London and the British secretary for foreign affairs in 1810, on the

question whether the blockade of May, 1806, was considered as in force

or as not in force. It had been ascertained that the French Government,

which urged this blockade as the ground of its Berlin decree, was

willing in the event of its removal to repeal that decree, which, being

followed by alternate repeals of the other offensive edicts, might

abolish the whole system on both sides. This inviting opportunity for

accomplishing an object so important to the United States, and professed

so often to be the desire of both the belligerents, was made known

to the British Government. As that Government admits that an actual

application of an adequate force is necessary to the existence of a

legal blockade, and it was notorious that if such a force had ever been

applied its long discontinuance had annulled the blockade in question,

there could be no sufficient objection on the part of Great Britain to a

formal revocation of it, and no imaginable objection to a declaration of

the fact that the blockade did not exist. The declaration would have

been consistent with her avowed principles of blockade, and would have

enabled the United States to demand from France the pledged repeal of

her decrees, either with success, in which case the way would have

been opened for a general repeal of the belligerent edicts, or without

success, in which case the United States would have been justified

in turning their measures exclusively against France. The British

Government would, however, neither rescind the blockade nor declare its

nonexistence, nor permit its nonexistence to be inferred and affirmed

by the American plenipotentiary. On the contrary, by representing the

blockade to be comprehended in the orders in council, the United States

were compelled so to regard it in their subsequent proceedings.

There was a period when a favorable change in the policy of the

British cabinet was justly considered as established. The minister

plenipotentiary of His Britannic Majesty here proposed an adjustment of

the differences more immediately endangering the harmony of the two

countries. The proposition was accepted with the promptitude and

cordiality corresponding with the invariable professions of this

Government. A foundation appeared to be laid for a sincere and lasting

reconciliation. The prospect, however, quickly vanished. The whole

proceeding was disavowed by the British Government without any

explanations which could at that time repress the belief that the

disavowal proceeded from a spirit of hostility to the commercial rights

and prosperity of the United States; and it has since come into proof

that at the very moment when the public minister was holding the

language of friendship and inspiring confidence in the sincerity of the

negotiation with which he was charged a secret agent of his Government

was employed in intrigues having for their object a subversion of our

Government and a dismemberment of our happy union.

In reviewing the conduct of Great Britain toward the United States

our attention is necessarily drawn to the warfare just renewed by the

savages on one of our extensive frontiers--a warfare which is known to

spare neither age nor sex and to be distinguished by features peculiarly

shocking to humanity. It is difficult to account for the activity and

combinations which have for some time been developing themselves among

tribes in constant intercourse with British traders and garrisons

without connecting their hostility with that influence and without

recollecting the authenticated examples of such interpositions

heretofore furnished by the officers and agents of that Government.

Such is the spectacle of injuries and indignities which have been heaped

on our country, and such the crisis which its unexampled forbearance and

conciliatory efforts have not been able to avert. It might at least

have been expected that an enlightened nation, if less urged by moral

obligations or invited by friendly dispositions on the part of the

United States, would have found in its true interest alone a sufficient

motive to respect their rights and their tranquillity on the high

seas; that an enlarged policy would have favored that free and general

circulation of commerce in which the British nation is at all times

interested, and which in times of war is the best alleviation of its

calamities to herself as well as to other belligerents; and more

especially that the British cabinet would not, for the sake of a

precarious and surreptitious intercourse with hostile markets, have

persevered in a course of measures which necessarily put at hazard the

invaluable market of a great and growing country, disposed to cultivate

the mutual advantages of an active commerce.

Other counsels have prevailed. Our moderation and conciliation have

had no other effect than to encourage perseverance and to enlarge

pretensions. We behold our seafaring citizens still the daily victims of

lawless violence, committed on the great common and highway of nations,

even within sight of the country which owes them protection. We behold

our vessels, freighted with the products of our soil and industry, or

returning with the honest proceeds of them, wrested from their lawful

destinations, confiscated by prize courts no longer the organs of public

law but the instruments of arbitrary edicts, and their unfortunate crews

dispersed and lost, or forced or inveigled in British ports into British

fleets, whilst arguments are employed in support of these aggressions

which have no foundation but in a principle equally supporting a claim

to regulate our external commerce in all cases whatsoever.

We behold, in fine, on the side of Great Britain a state of war against

the United States, and on the side of the United States a state of peace

toward Great Britain.

Whether the United States shall continue passive under these progressive

usurpations and these accumulating wrongs, or, opposing force to force

in defense of their national rights, shall commit a just cause into

the hands of the Almighty Disposer of Events, avoiding all connections

which might entangle it in the contest or views of other powers,

and preserving a constant readiness to concur in an honorable

reestablishment of peace and friendship, is a solemn question which

the Constitution wisely confides to the legislative department of the

Government. In recommending it to their early deliberations I am happy

in the assurance that the decision will be worthy the enlightened and

patriotic councils of a virtuous, a free, and a powerful nation.

Having presented this view of the relations of the United States with

Great Britain and of the solemn alternative growing out of them, I

proceed to remark that the communications last made to Congress on the

subject of our relations with France will have shewn that since the

revocation of her decrees, as they violated the neutral rights of the

United States, her Government has authorized illegal captures by its

privateers and public ships, and that other outrages have been practiced

on our vessels and our citizens. It will have been seen also that no

indemnity had been provided or satisfactorily pledged for the extensive

spoliations committed under the violent and retrospective orders of the

French Government against the property of our citizens seized within the

jurisdiction of France. I abstain at this time from recommending to the

consideration of Congress definitive measures with respect to that

nation, in the expectation that the result of unclosed discussions

between our minister plenipotentiary at Paris and the French Government

will speedily enable Congress to decide with greater advantage on the

course due to the rights, the interests, and the honor of our country.

JAMES MADISON.

JUNE 30, 1812.

_To the Senate and House of Representatives of the United States_:

With a view the better to adapt to the public service the volunteer

force contemplated by the act passed on the 6th day of February, I

recommend to the consideration of Congress the expediency of making the

requisite provision for the officers thereof being commissioned by the

authority of the United States.

Considering the distribution of the military forces of the United States

required by the circumstances of our country, I recommend also to the

consideration of Congress the expediency of providing for the

appointment of an additional number of general officers, and of deputies

in the Adjutant's, Quartermaster's, Inspector's, and Paymaster's

departments of the Army, and for the employment in cases of emergency of

additional engineers.

JAMES MADISON.

JULY 1, 1812.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives of the

26th of June, I transmit the information contained in the documents

herewith enclosed.

JAMES MADISON.

_From the Secretary of State to General George Matthews and Colonel

John M'Kee_.

DEPARTMENT OF STATE, _January 26, 1811_.

The President of the United States having appointed you jointly and

severally commissioners for carrying into effect certain provisions of

an act of Congress (a copy of which is inclosed) relative to the portion

of the Floridas situated to the east of the river Perdido, you will

repair to that quarter with all possible expedition, concealing from

general observation the trust committed to you with that discretion

which the delicacy and importance of the undertaking require.

Should you find Governor Folk or the local authority existing there

inclined to surrender in an amicable manner the possession of the

remaining portion or portions of West Florida now held by him in the

name of the Spanish Monarchy, you are to accept in behalf of the United

States the abdication of his or of the other existing authority and the

jurisdiction of the country over which it extends. And should a

stipulation be insisted on for the redelivery of the country at a future

period, you may engage for such redelivery to the lawful sovereign.

The debts clearly due from the Spanish Government to the people of the

Territory surrendered may, if insisted on, be assumed within reasonable

limits and under specified descriptions to be settled hereafter as a

claim against Spain in an adjustment of our affairs with her. You may

also guarantee, in the name of the United States, the confirmation of

all such titles to land as are clearly sanctioned by Spanish laws, and

Spanish civil functionaries, where no special reasons may require

changes, are to be permitted to remain in office with the assurance of a

continuation of the prevailing laws, with such alterations only as may

be necessarily required in the new situation of the country.

If it should be required and be found necessary, you may agree to

advance, as above, a reasonable sum for the transportation of the

Spanish troops.

These directions are adapted to one of the contingencies specified in

the act of Congress, namely, the amicable surrender of the possession of

the Territory by the local ruling authority. But should the arrangement

contemplated by the statute not be made, and should there be room to

entertain a suspicion of an existing design in any foreign power to

occupy the country in question, you are to keep yourselves on the alert,

and on the first undoubted manifestation of the approach of a force for

that purpose you will exercise with promptness and vigor the powers with

which you are invested by the President to preoccupy by force the

Territory, to the entire exclusion of any armament that may be advancing

to take the possession of it. In this event you will exercise a sound

discretion in applying the powers given with respect to debts, titles to

lands, civil officers, and the continuation of the Spanish laws, taking

care to commit the Government on no point further than may be necessary;

and should any Spanish military force remain within the country after

the occupancy by the troops of the United States, you may in such case

aid in their removal from the same.

The universal toleration which the laws of the United States assure to

every religious persuasion will not escape you as an argument for

quieting the minds of uninformed individuals who may entertain fears on

that head.

The conduct you are to pursue in regard to East Florida must be

regulated by the dictates of your own judgments, on a close view and

accurate knowledge of the precise state of things there, and of the real

disposition of the Spanish Government always recurring to the present

instruction as the paramount rule of your proceedings. Should you

discover an inclination in the governor of East Florida, or in the

existing local authority, amicably to surrender that province into the

possession of the United States, you are to accept it on the same terms

that are prescribed by these instructions in relation to West Florida.

And in case of the actual appearance of any attempt to take possession

by a foreign power, you will pursue the same effective measures for the

occupation of the Territory and for the exclusion of the foreign force

as you are directed to pursue with respect to the country east of the

Perdido, forming at this time the extent of Governor Folk's

jurisdiction.

If you should, under these instructions, obtain possession of Mobile,

you will lose no time in informing Governor Claiborne thereof, with a

request that he will without delay take the necessary steps for the

occupation of the same.

All ordnance and military stores that may be found in the Territory must

be held as the property of the Spanish Government, to be accounted for

hereafter to the proper authority, and you will not fail to transmit an

inventory thereof to this Department.

If in the execution of any part of these instructions you should need

the aid of a military force, the same will be afforded you upon your

application to the commanding officer of the troops of the United States

on that station, or to the commanding officer of the nearest post, in

virtue of orders which have been issued from the War Department. And in

case you should, moreover, need naval assistance, you will receive the

same upon your application to the naval commander in pursuance of orders

from the Navy Department.

From the Treasury Department will be issued the necessary instructions

in relation to imposts and duties, and to the slave ships whose arrival

is apprehended.

The President, relying upon your discretion, authorizes you to draw upon

the collectors of Orleans and Savannah for such sums as may be necessary

to defray unavoidable expenses that may be incurred in the execution of

these instructions, not exceeding in your drafts on New Orleans $8,000

and in your drafts on Savannah $2,000, without further authority, of

which expenses you will hereafter exhibit a detailed account duly

supported by satisfactory vouchers.

POSTSCRIPT.--If Governor Folk should unexpectedly require and

pertinaciously insist that the stipulation for the redelivery of the

Territory should also include that portion of the country which is

situated west of the river Perdido, you are, in yielding to such demand,

only to use general words that may by implication comprehend that

portion of country; but at the same time you are expressly to provide

that such stipulation shall not in any way impair or affect the right or

title of the United States to the same.

_The Secretary of State to General Matthews_.

DEPARTMENT OF STATE, _April 4, 1812_.

General MATTHEWS, etc.

SIR: I have had the honor to receive your letter of the 14th of March,

and have now to communicate to you the sentiments of the President on

the very interesting subject to which it relates.

I am sorry to have to state that the measures which you appear to have

adopted for obtaining possession of Amelia Island and other parts of

Bast Florida are not authorized by the law of the United States or the

instructions founded on it under which you have acted.

You were authorized by the law, a copy of which was communicated to you,

and by your instructions, which are strictly conformable to it, to take

possession of East Florida only in case one of the following contingencies

should happen: Either that the governor or other existing local

authority should be disposed to place it amicably in the hands of the

United States, or that an attempt should be made to, take possession

of it by a foreign power. Should the first contingency happen it would

follow that the arrangement, being amicable, would require no force on

the part of the United States to carry it into effect. It was only in

case of an attempt to take it by a foreign power that force could be

necessary, in which event only were you authorized to avail yourself

of it.

In neither of these contingencies was it the policy of the law or

purpose of the Executive to wrest the Province forcibly from Spain,

but only to occupy it with a view to prevent its falling into the

hands of any foreign power, and to hold that pledge under the existing

peculiarity of the circumstances of the Spanish Monarchy for a just

result in an amicable negotiation with Spain.

Had the United States been disposed to proceed otherwise, that intention

would have been manifested by a change of the law and suitable measures

to carry it into effect; and as it was in their power to take possession

whenever they might think that circumstances authorized and required it,

it would be the more to be regretted if possession should be effected by

any means irregular in themselves and subjecting the Government of the

United States to unmerited censure.

The views of the Executive respecting East Florida are further

illustrated by your instructions as to West Florida. Although the United

States have thought that they had a good title to the latter Province,

they did not take possession until after the Spanish authority had been

subverted by a revolutionary proceeding, and the contingency of the

country being thrown into foreign hands had forced itself into view. Nor

did they then, nor have they since, dispossessed the Spanish troops of

the post which they occupied. If they did not think proper to take

possession by force of a province to which they thought they were justly

entitled, it could not be presumed that they should intend to act

differently in respect to one to which they had not such a claim.

I may add that although due sensibility has been always felt for the

injuries which were received from the Spanish Government in the last

war, the present situation of Spain has been a motive for a moderate and

pacific policy toward her.

A Compilation of the Messages and Papers of the Presidents. Volume 1, part 4: James Madison · 第 4 / 13 段