The Naval War of 1812. Theodore Roosevelt
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Gleig, Ensign H. R. Narrative of the Campaigns of the British
Army at Washington, Baltimore, and New Orleans. Philadelphia, 1821.
Jackson, Andrew. As a Public Man. A sketch by W G. Sumner. Boston, 1882.
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Florida and Louisiana. Translated from the French by H. P. Nugent.
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Lossing, Benson J. Field-Book of the War of 1812. New York, 1859.
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Chapter I.
Introductory
Causes of the War of 1812—Conflicting views of America and Britain as regards neutral rights—Those of the former power right—Impossibility of avoiding hostilities—Declaration of war—General features of the contest—Racial identity of the contestants—The treaty of peace nominally leaves the situation unchanged—But practically settles the dispute in our favor in respect to maritime rights—The British navy and its reputation prior to 1812—Comparison with other European navies—British and American authorities consulted in the present work.
The view professed by Great Britain in 1812 respecting the rights of belligerents and neutrals was diametrically opposite to that held by the United States. "Between England and the United States of America," writes a British author, "a spirit of animosity, caused chiefly by the impressment of British seamen, or of seamen asserted to be such, from on board of American merchant vessels, had unhappily subsisted for a long time" prior to the war. "It is, we believe," he continues, "an acknowledged maxim of public law, as well that no nation but the one he belongs to can release a subject from his natural allegiance, as that, provided the jurisdiction of another independent state be not infringed, every nation has a right to enforce the services of her subjects wherever they may be found. Nor has any neutral nation such a jurisdiction over her merchant vessels upon the high seas as to exclude a belligerent nation from the right of searching them for contraband of war or for the property or persons of her enemies. And if, in the exercise of that right, the belligerent should discover on board of the neutral vessel a subject who has withdrawn himself from his lawful allegiance, the neutral can have no fair ground for refusing to deliver him up; more especially if that subject is proved to be a deserter from the sea or land service of the former." 1
Great Britain's doctrine was "once a subject always a subject." On the other hand, the United States maintained that any foreigner, after five years' residence within her territory, and after having complied with certain forms, became one of her citizens as completely as if he was native born. Great Britain contended that her war ships possessed the right of searching all neutral vessels for the property and persons of her foes. The United States, resisting this claim, asserted that "free bottoms made free goods," and that consequently her ships when on the high seas should not be molested on any pretext whatever. Finally, Great Britain's system of impressment, 2 by which men could be forcibly seized and made to serve in her navy, no matter at what cost to themselves, was repugnant to every American idea.
Such wide differences in the views of the two nations produced endless difficulties. To escape the press-gang, or for other reasons, many British seamen took service under the American flag; and if they were demanded back, it is not likely that they or their American shipmates had much hesitation in swearing either that they were not British at all, or else that they had been naturalized as Americans. Equally probable is it that the American blockade-runners were guilty of a great deal of fraud and more or less thinly veiled perjury. But the wrongs done by the Americans were insignificant compared with those they received. Any innocent merchant vessel was liable to seizure at any moment; and when overhauled by a British cruiser short of men was sure to be stripped of most of her crew. The British officers were themselves the judges as to whether a seaman should be pronounced a native of America or of Britain, and there was no appeal from their judgment. If a captain lacked his full complement there was little doubt as to the view he would take of any man's nationality. The wrongs inflicted on our seafaring countrymen by their impressment into foreign ships formed the main cause of the war.
There were still other grievances which are thus presented by the British Admiral Cochrane. 3 "Our treatment of its (America's) citizens was scarcely in accordance with the national privileges to which the young Republic had become entitled. There were no doubt many individuals among the American people who, caring little for the Federal Government, considered it more profitable to break than to keep the laws of nations by aiding and supporting our enemy (France), and it was against such that the efforts of the squadron had chiefly been directed; but the way the object was carried out was scarcely less an infraction of those national laws which we were professedly enforcing. The practice of taking English (and American) seamen out of American ships without regard to the safety of navigating them when thus deprived of their hands has been already mentioned. To this may be added the detention of vessels against which nothing contrary to international neutrality could be established, whereby their cargoes became damaged; the compelling them, on suspicion only, to proceed to ports other than those to which they were destined; and generally treating them as though they were engaged in contraband trade. * * * American ships were not permitted to quit English ports without giving security for the discharge of their cargoes in some other British or neutral port." On the same subject James 4 writes: "When, by the maritime supremacy of England, France could no longer trade for herself, America proffered her services, as a neutral, to trade for her; and American merchants and their agents, in the gains that flowed in, soon found a compensation for all the perjury and fraud necessary to cheat the former out of her belligerent rights. The high commercial importance of the United States thus obtained, coupled with a similarity of language and, to a superficial observer, a resemblance in person between the natives of America and Great Britain, has caused the former to be the chief, if not the only sufferers by the exercise of the right of search. Chiefly indebted for their growth and prosperity to emigration from Europe, the United States hold out every allurement to foreigners, particularly to British seamen, whom, by a process peculiarly their own, they can naturalize as quickly as a dollar can exchange masters and a blank form, ready signed and sworn to, can be filled up. 5 It is the knowledge of this fact that makes British naval officers when searching for deserters from their service, so harsh in their scrutiny, and so sceptical of American oaths and asseverations."
The last sentence of the foregoing from James is an euphemistic way of saying that whenever a British commander short of men came across an American vessel he impressed all of her crew that he wanted, whether they were citizens of the United States or not. It must be remembered, however, that the only reason why