November 29, 1809
Fellow-Citizens of the Senate and of the House
of Representatives:
At the period of our last meeting I had the satisfaction of communicating
an adjustment with one of the principal belligerent nations, highly
important in itself, and still more so as presaging a more extended
accommodation. It is with deep concern I am now to inform you
that the favorable prospect has been overclouded by a refusal
of the British Government to abide by the act of its minister
plenipotentiary, and by its ensuing policy toward the United States
as seen through the communications of the minister sent to replace
him.
Whatever pleas may be urged for a disavowal of
engagements formed by diplomatic functionaries in cases where
by the terms of the engagements a mutual ratification is reserved,
or where notice at the time may have been given of a departure
from instructions, or in extraordinary cases essentially violating
the principles of equity, a disavowal could not have been apprehended
in a case where no such notice or violation existed, where no
such ratification was reserved, and more especially where, as
is now in proof, an engagement to be executed without any such
ratification was contemplated by the instructions given, and where
it had with good faith been carried into immediate execution on
the part of the United States.
These considerations not having restrained the
British Government from disavowing the arrangement by virtue of
which its orders in council were to be revoked, and the event
authorizing the renewal of commercial intercourse having thus
not taken place, it necessarily became a question of equal urgency
and importance whether the act prohibiting that intercourse was
not to be considered as remaining in legal force. This question
being, after due deliberation, determined in the affirmative,
a proclamation to that effect was issued. It could not but happen,
however, that a return to this state of things from that which
had followed an execution of the arrangement by the United States
would involve difficulties. With a view to diminish these as much
as possible, the instructions from the Secretary of the Treasury
now laid before you were transmitted to the collectors of the
several ports. If in permitting British vessels to depart without
giving bonds not to proceed to their own ports it should appear
that the tenor of legal authority has not been strictly pursued,
it is to be ascribed to the anxious desire which was felt that
no individuals should be injured by so unforeseen an occurrence;
and I rely on the regard of Congress for the equitable interests
of our own citizens to adopt whatever further provisions may be
found requisite for a general remission of penalties involuntarily
incurred.
The recall of the disavowed minister having been
followed by the appointment of a successor, hopes were indulged
that the new mission would contribute to alleviate the disappointment
which had been produced, and to remove the causes which had so
long embarrassed the good understanding of the two nations. It
could not be doubted that it would at least be charged with conciliatory
explanations of the step which had been taken and with proposals
to be substituted for the rejected arrangement. Reasonable and
universal as this expectation was, it also has not been fulfilled.
From the first official disclosures of the new minister it was
found that he had received no authority to enter into explanations
relative to either branch of the arrangement disavowed nor any
authority to substitute proposals as to that branch which concerned
the British orders in council, and, finally, that his proposals
with respect to the other branch, the attack on the frigate Chesapeake,
were founded on a presumption repeatedly declared to be inadmissible
by the United States, that the first step toward adjustment was
due from them, the proposals at the same time omitting even a
reference to the officer answerable for the murderous aggression,
and asserting a claim not less contrary to the British laws and
British practice than to the principles and obligations of the
United States.
The correspondence between the Department of
State and this minister will show how unessentially the features
presented in its commencement have been varied in its progress.
It will show also that, forgetting the respect due to all governments,
he did not refrain from imputations on this, which required that
no further communications should be received from him. The necessity
of this step will be made known to His Britannic Majesty through
the minister plenipotentiary of the United States in London; and
it would indicate a want of the confidence due to a Government
which so well understands and exacts what becomes foreign ministers
near it not to infer that the misconduct of its own representative
will be viewed in the same light in which it has been regarded
here. The British Government will learn at the same time that
a ready attention will be given to communications through any
channel which may be substituted. It will be happy if the change
in this respect should be accompanied by a favorable revision
of the unfriendly policy which has been so long pursued toward
the United States.
With France, the other belligerent, whose trespasses
on our commercial rights have long been the subject of our just
remonstrances, the posture of our relations does not correspond
with the measures taken on the part of the United States to effect
a favorable change. The result of the several communications made
to her Government, in pursuance of the authorities vested by Congress
in the Executive, is contained in the correspondence of our minister
at Paris now laid before you.
By some of the other belligerents, although professing
just and amicable dispositions, injuries materially affecting
our commerce have not been duly controlled or repressed. In these
cases the interpositions deemed proper on our part have not been
omitted. But it well deserves the consideration of the Legislature
how far both the safety and the honor of the American flag may
be consulted, by adequate provisions against that collusive prostitution
of it by individuals unworthy of the American name which has so
much flavored the real or pretended suspicions under which the
honest commerce of their fellow citizens has suffered.
In relation to the powers on the coast of Barbary,
nothing has occurred which is not of a nature rather to inspire
confidence than distrust as to the continuance of the existing
amity. With our Indian neighbors, the just and benevolent system
continued toward them has also preserved peace, and is more and
more advancing habits favorable to their civilization and happiness.
From a statement which will be made by the Secretary
of War it will be seen that the fortifications on our maritime
frontier are in many of the ports completed, affording the defense
which was contemplated, and that a further time will be required
to render complete the works in the harbor of New York and in
some other places. By the enlargement of the works and the employment
of a greater number of hands at the public armories the supply
of small arms of an improving quality appears to be annually increasing
at a rate that, with those made on private contract, may be expected
to go far toward providing for the public exigency.
The act of Congress providing for the equipment
of our vessels of war having been fully carried into execution,
I refer to the statement of the Secretary of the Navy for the
information which may be proper on that subject. To that statement
is added a view of the transfers of appropriations authorized
by the act of the session preceding the last and of the grounds
on which the transfers were made.
Whatever may be the course of your deliberations
on the subject of our military establishments, I should fail in
my duty in not recommending to your serious attention the importance
of giving to our militia, the great bulwark of our security and
resource of our power, an organization best adapted to eventual
situations for which the United States ought to be prepared.
The sums which had been previously accumulated
in the Treasury, together with the receipts during the year ending
on the 30th of September last (and amounting to more than $9,000,000),
have enabled us to fulfill all our engagements and to defray the
current expenses of Government without recurring to any loan.
But the insecurity of our commerce and the consequent diminution
of the public revenue will probably produce a deficiency in the
receipts of the ensuing year, for which and for other details
I refer to the statements which will be transmitted from the Treasury.
In the state which has been presented of our
affairs with the great parties to a disastrous and protracted
war, carried on in a mode equally injurious and unjust to the
United States as a neutral nation, the wisdom of the National
Legislature will be again summoned to the important decision on
the alternatives before them. That these will be met in a spirit
worthy the councils of a nation conscious both of its rectitude
and of its rights, and careful as well of its honor as of its
peace, I have an entire confidence; and that the result will be
stamped by a unanimity becoming the occasion, and be supported
by every portion of our citizens with a patriotism enlightened
and invigorated by experience, ought as little to be doubted.
In the midst of the wrongs and vexations experienced
from external causes there is much room for congratulation on
the prosperity and happiness flowing from our situation at home.
The blessing of health has never been more universal. The fruits
of the seasons, though in particular articles and districts short
of their usual redundancy, are more than sufficient for our wants
and our comforts. The face of our country Everywhere presents
the evidence of laudable enterprise, of extensive capital, and
of durable improvement. In a cultivation of the materials and
the extension of useful manufactures, more especially in the general
application to household fabrics, we behold a rapid diminution
of our dependence on foreign supplies. Nor is it unworthy of reflection
that this revolution in our pursuits and habits is in no slight
degree a consequence of those impolitic and arbitrary edicts by
which the contending nations, in endeavoring each of them to obstruct
our trade with the other, have so far abridged our means of procuring
the productions and manufactures of which our own are now taking
the place.
Recollecting always that for every advantage
which may contribute to distinguish our lot from that to which
others are doomed by the unhappy spirit of the times we are indebted
to that Divine Providence whose goodness has been so remarkably
extended to this rising nation, it becomes us to cherish a devout
gratitude, and to implore from the same omnipotent source a blessing
on the consultations and measures about to be undertaken for the
welfare of our beloved country.
