and both retaining all their rights in relation to their respect-
ive seamen. This proposition by the American commiission-
ers, to pass over in silence those subjects and leave them as
they were at the commencement of the war, was transmitted
by the British commissioners to their government, and in the
meantime the correspondence between the commissioners
continued : the British claiming that it was perfectly obvi-
ous, that the conquest of Canada and its permanent annexa-
tion to the United States was the declared object of the
American government ; that if in consequence of a different
course of events on the continent of Europe, the United
States had obtained a decided superiority in that quarter,
they would have availed themselves of their situation, to ob-
tain on the side of Canada important cessions of territory or
the entire abandonment of that country by Great Britain.
On the other hand the American commissioners contended
that no such views were entertained by the United States.
They had always been ready and desirous of peace, upon
an adjustment of theb- maritime claims, each nation retaining
its territory as it existed before the war. That no views of
aggrandizement or desire of adding to their territory was
iustly imputable to them.
tCl4. HISTORY OF THE LATE WAR. tJOd
British Commissioners receive additional Instructions. The
British ministry, perceiving that the American government
had consented to waive all discussion of their maritime claims,
and that no cession of territory could be obtained, gave addi-
tional instructions to their commissioners, authorizing them to
waivx the subject of a permanent Indiai» boundary, and their
claims respecting the military occupation of the lakes. In
In pursuance of these instructions, on the 3ih of October, the
British addressed a note to the American envoys, proposing
on the subject of an Indian pacification, that each party
should stipulate, that immediately after the cenclusion of
peace, hostilities should cease between them and the Indian
nations with whom they might be at war, and the Indians re-
stored to all the possessions, rights, and |:)rivileges which they
enjoyed before the war, provided the Indian nation£ should
on their part cease from hostilities. To this arraagement the
American commissioners had no objections; though a stipula-
tion of this nature was not expressly within their instrHCtionSp
they agreed to it provisionally.
Their Ultimatum waived. This point being adjusted, and
the American maritime claims waived, the negotiation pro-
ceeded with some prospect of a favourable issue. The British
commissioners claimed that they should j:)roceed upon the
basis of each party's retaining the possessions they had ac-
quired at the commencement of the negotiation, subject tp
such modifications as mutual convenience might suggests
This principle would give to the British a considerable por-
tion of the province of Maine, fort Niagara and a part of th^
Niagara frontier, and to the Americans, Amherstburgh, and
the adjacent territory. The American envoys claimed, that
these possessions occasionally obtained by either party from
the other in the course of the war, should be mutually re-
stored, and each party placed on tlic footing they stood at
its commencement.
Peace concluded. After a variety of negotiations on these
topics from the 8th of October to the 24th of December, a
definitive treaty of peace was agreed upon, in which all marl-'
64
506 HISTORY OF THE LATE WAR. Chap. 22.
time claims were passed over in silence, and the relations of
peace and amity between the two nations, and between them
and the Indians within their limits, they agreeing to it, were
restored. Claims for past injuries were waived, and each
party placed upon the ground they were before the war 5
provision was made for the survey and demarkation of the
boundary line between the United States and the British pos-
sessions, and for the adjustment of all difficulties upon that
subject, on terms of reciprocity. The subject of fisheries
upon the British North American coast, as se :urcd to the
United States by the treaty of 1783, was waived, and the
privilege of fishing and curing fish on these coasts not being
()rovided for in this treaty, was considered as given up. The
treaty was ratified by the Prince Regent on the 27th of De-
cember, arrived in the United States on the 11th, and was
ratified by the President and senate on the 17th of February.
Orders were immediately despatched in every direction for
the cessation of hostilities.
Orders transmitted to General Jackson miscarry. The
postmaster general, despatched a special messenger to Gen-
eral Jackson at New-Orleans with the treaty, giving orders for
the postmasters, and mail carriers on the route, to furnish re-
lays, and forward by every means in their power, the intelli-
gence. By some accident on the route, the messenger in his
haste exchanged his despatches for some old military orders,
and when he came to deliver his papers to General Jackson,
instead of the official information of the ratification of the
treaty, the papers produced, were the old military orders.
During the interval between the first unofficial intelligence of
peace, and the official information of the ratification of the
treaty, the soldiers of the army and the citizens of New-Or-
leans grew impatient of military restraint. The militia were
clamorous for their discharge, and a spirit of insubordination
prevailed.
Martial Law at New-Orleans continued. The General
deemed it necessary as long as there was any enemy in the
neighbourhood, and he without official information of the
1814. mSTORY OF THE LATE WAR.
r07
ratification of the treaty, to preserve military onler, and not
relax in his system of dclence.
LauvalUcr arrested. The French consul hnd given certifi-
cates of French citizenship to numbers of ])ersons in tlie mi-
litia, the object of which was to exempt them from military
services. General Jackson, considering these persons dan-
gerous to the safety of the city, ordered them to remove into
the interior, as far as J5aton Rouge. Lauvaliier, a French-
man, and member of the T^ouisiana Legislature, had publish-
ed several pieces in the New-Orleans papers, condemning
the measures of General Jackson for the defence of the city,
as illegal, and advising the citizens that they were not bound
to obey them. He was also suspected of holding intercourse
with the enemy. General Jackson, by virtue of the powers
which he claimed in consequence of his proclamation of mar-
tial law, ordered this Frenchman to be arrested, and tried by
a court martial.
Habeas Corpus disobeyed. On the Gtl\ of March, liau-
vallier applied to Dominic Hall, judge of the United States
district court, for a WTit of habeas corpus, to transfer him
from a military to a civil tribunal ; this was granted, and
delivered to the marshal to be served upon the General, who
considering the suspension of the civil authority as a necessa-
ry consequence of the proclamation of martial law, refused
obedience to the writ, dismissed the marshal, retained the
prisoner, and subjected him to trial. Fie also arrested and
iftiprisoned Judge Hall for issuing the writ. The district at-
torney then applied to judge Lewis for a habeas corpus in
favour of judge Hall. He also was arrested under martial
law, and an order was issued for the arrest of judge Lewis.
Martial Law discontinued. On the Ifith of March, official
intelligence of the peace having arrived, martial law ceased,
and the civil authorities were discharged from arrest.
General Jackson arrested for contempt^ tried before the Dis-
trict Court, and convicted. On the 27th, General Jackson
was arrested and brought before the United States district
court, holden by judge Hall, to answer to an alleged contempt.
508 HISTORY OP fHE LATE WAR. Chap; ^2.
of that court in disobeying the writ of habeas cor{)Us in the
case of LauvaUier, and imprisoning the judge who granted
the process.
The general alleged, in his defence, the necessary ex-
istence of martial law within the city and precincts of New-
Orleans at the time of issuing the writ of habeas Corpus ; so
^reat was the danger, that the judge himself had been induced
expressly to sanction martial law, abandon his civil functions,
leave the city, and retire to a j:>lacc of safety in the interiors
The suspension of civil process was the necessary conse-
quence of the sta e ( f the city, and of the proclamation of
martial la;\-. The genera, also claimed the right of trial by jury,
as secured to him by the constitution of the United States :
but he was ndvi^ unon trial before a judge, for a contempt of
his authority, and the imprisonment of his person. His claim
and plea were over-ruled, and the general fined a thousand
dollars for the contempt. He was accompanied to the court
by a numerous crowd of citizens, Vvho considered him as their
deliverer. The appearance of the scene was more like a
military parade than a court of justice. On the sentence
being pronounced, he was borne from the court-house by the
citizens, placed in a coach, and drawn by them to his lodgings,
where a subscription was immediately opened, restricted to a
dollar a man, to give all an opportunity to subscribe, to pay
his fine and costs, which were immediately discharged.
iiejoitings in the United States. All parties in the United
States sincerely rejoiced at the news of peace. The expres-
sions of joy were the more lively as the event was altogether
unexpected. Though intelligence had been received after
the British ultimatum of the 19th of August, that the negotia-
tions were continued, yet it was of such a character as to forbid
any well-grounded expectations of a favourable result. The
American commissioners, on the 25th of October, which was
the last intelligence received from them previous to the arri-
val of th(3 treaty, wrote that although the negotiations had not
tdrmihaled as abruptly as at the date of their last despatches
itas expected, yet they find no reason to retract the opinion
1814. HlijTORY OF THE LATE WAR. 509f
therein expressed, that no hopes of peare, as likoly to result
from it, could be entertained. Without stopping critically to
inquire whether the treaty secured to them the objects for
which the war was commenced, the people of the United
States of all parties, republicans and federalists, the friends
of the administration and the opposition, the war and the peace
party, united in celebrating the event. Party names and dis-
tinctions were for a moment forgotten ; illuminations, festi-
vals, and rejoicings in various forms, were had in almost every
city, town, and village in the IJi.ited States.
President'' s Message to Congress on the Peace. In commu-
nicating this event to Congress, the President congratulate.^
them and their constituents upon an event which is highly hon-
ourable to the nation, and which terminates with j^eculiar fe-
licity a campaign signalized by the most brilliant successes.
** The late war," he remarks, "- although reluctantly de-
clared by congress, had become necessary to assert the rights
and independence of the nation. It had been wa^ed with
success, the natural result of the legislative councils, of the pat-
riotism of the people, of the public spirit of the militia, and of
the valour of the military and naval force of the country.
Peace, at all times a blessing, is peculiarly welcome at a pe-
viod when the causes of the war had ceased to operate, when
the government had dcmonstnHed the efficiency of its pow-
ers of defence, and when the nation can review its conduct
without regret or reproach."
The President recommends to the care and beneficence of
congress the gallant men whose achievements in every de]:)art-
ment have contributed to the honour of the American name.
In recommending a reduction of the public expenditures to tho.-
demands of a peace establishment, he observes, '' that impor-
tant considerations forbid a sudden and geneial revocation of
the measures produced by the war. Experience has taught
us that neither the pacific dispositions of the Americah people,
nor the pacific character of our political institutions, altogeCh-
cr exempt them from the strife which appears to be incident
to this period of the world. The same faithful monitor in-
structs us that a certain degree of preparation for war is in-
ylO HISTORY OP THE LATE WAR.. Chap. 22.
dispensable to prevent disaster in the outset ; and also af-
fords the best security for the continuance of peace. He
concludes with ferven'^y wishing, that the peace which has
now been declared, may be the foundation of the most friend-
ly intercourse between the United States and Great Britain,
and productive of harmony and happiness to our beloved
country.
Peace Establishment. The period for which the 13th Con-
gress was elected expired on the 3d of March 1815, and left
but fourteen days from the ratification of the treaty to con-
tinue the session. This time was busily employed in adapting
their arrangements to a state of peace; little more however
could be done than to provide for the reduction of the army,
and suspend ship building on the lakes. The military peace
establishment, after much controversy between the houses^
the senate putting it at fifteen, and the house of representa-
tives at six, was finally fixed at ten thousand.
The public debt at the close of the war con-
sisted ©f the debt of the revolution . . . ^39,000,000
The present war debt 85,000,000
g 123,000,000
The navy consisted of five seventy-fours, not completed ;
six forty-four gun frigates ; nine from thirty-six to twenty-four 5
twenty-two from twenty to sixteen, and fifty eight smaller ves-
sels : the whole carrying two thousand guns.*
Beneficial results of the War. Although the United States
concluded a treaty without an express recognition of their
maritime rights ; yet the war, taken in connexion with all its
* Report of secretary of navy, December 1815.
On the first of January, 1825, the navy consisted of eleven ships of the
jine of seventy-four guns, twelve frigates from thirty-two to forty-four
guns, the steam frigate Fulton of thirty-six guns, and a considerable
number of ships of war of the smaller class. The national debt at the
same period, amounted to $86,000,000. The receipts at the treasury du-
ring the preceding year were $19,630,893.96, being something more
than one-fifth of the whole debt.
1814. HISTORY OF THE LATE WAR. 511
circumstances and consucjuenccs, has secured them from fu-
ture violation. It has fully established the character of the
United States, for enterprise, skill, and bravery. After a thirty
years peace, a war of two yc^rs drew forth an army able to
contend on equal terms with European veterans ; and pro-
duced ships of war which never shunned a combat, or failed
of success, when an enemy was to be mot on equal ground,
The enterprise and success of American privateers against
British commerce, rendered the war an unpopular and unprof-
itable business to the British nation. These cruizers, taking
stations in the track of their commerce, on their coasts, and
at the entrance of their harbours, brought the war home to the
British merchant ; and in the loss of his ships, and in the in-
creased rate of insurance, made its effects Severely felt. The
war has pointed out to the American nation, by a series of
facts too plain to be misapprehended, the proper means both
of annoyance and defence. The ravages to which the coast
was subject, in the years 1813 and 14, clearly demonstrated
the necessity of a naval force sufficient for its protection, and
as clearly pointed to the species of force best adapted to that
object. Experience, a convincing, though many times an ex-
pensive teacher, annihilated the gun-boat system, and induced
the building of ships of the line and frigates of the larger
class to such an extent as will effectually protect the coast,
from any fleet which a European nation will venture to spare
from her own shores to invade the American. It likewise in-
duced the building a steam ship of war of a large size, and al-
though the intervention of peace prevented its efficacy from
being tested b}- experiment, yet there is little doubt of its be-
ing a powerful engine of harbour defence. The enlargement,
and completion of the fortifications of the principal ports,
and supplying them and the arsenals with the munitions of war,
constitute another important result. These effects of the war
more completely secure American rights from future violation,
than the strongest treaty stipulations without them. European
nations now see that An^erica has both the spirit and the
means of defence, and her government the ability to call
them into action. The United States have now nothing io
.^Vj HISTORY OF THE LATE WAR. Chap. 2j^v
fear from invasion ; possessed within themselves of every ma-
terial requisite for a navy to any desirable extent, and a supe-
rior body of seamen, they arc abundantly able to defend
their rights on the ocean. Though they may probably m^er
find it necessary to create a navy of equal magnitude with the
British, which can only be ust^ful for the purposes of conquest,
they will always have it in their powder to call into operation
one sufficient for all the purposes of defence. Possessed of
fifty ships of war, by a gradual accumulation of the imperish-
able materials, a navy can at any time be produced, which
will cause their rights to be respected. British maritime
rights, which in modern language have been construed to
mean the right ofj:ontrolling the navigation of the world, must
now be confined within their legitimate bounds. America is
in a situation never again to submit to have her trade dcr
stroyedj or her coasts ravaged with impunity.
The severe chastisement which the Indians of the west, and
south, who were induced to join the British standard, have
suffered, has rendered the frontier secure from future ravages^^
The effects of the war will extend much beyond the tribes
who have suffered , there is now very Httle danger of any
Indian nation ever so remote, who has heard of the names
and deeds of Jackson and Harrison, being seduced into hos-
tilities against the United States, cither by their own religious
fanatics or foreign influence. Peace with them may be con-
sidered as more firmly established, and the frontiers more se-
cure than at any former period. These are some of the ben-
eficial results of the war ; in them every American has a deep
interest. They hav< happily served to wear off the asperi-
ties, and reconcile the conflicting interests and opinions, which
attended its commencement and progress. Party spirit is
fast subsiding, and though at times it is attempted to be resus-
citated, yet it must soon resolve itself into a united effort, t(>
.promote the happiness of a great and growing nation.
TME END-
f^-y .. "â– P
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