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And if, in the exercise of that right, the belligerent should discover on board of the neutral vessel a subject who has withdrawn himself from his lawful allegiance, the neutral can have no fair ground for refusing to deliver him up; more especially if that subject is proved to be a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 Briti
