Note 180 — Chapter XLVIII

The justice of the proceedings and demands of the British Government, the fairness of its proposals, and the injustice and unreasonableness of the conduct of the Madison U.S. Government, are forcibly presented in the following preamble to resolutions adopted by the Legislature of the State of Massachusetts, as late as the 5th of February, 1813:

"Whereas the President, in his message to Congress, has made known to the people of the United States that the British Orders in Council have been repealed 'in such manner as to be capable of explanations meeting the views of the Government' of the United States; and therefore none of the alleged causes of war with Great Britain now remain except the claim of the right to take British subjects from the merchant ships of the United States:

"And whereas, during the administration of General Washington and President Adams, this claim of Great Britain was not considered a reasonable cause of war; and under the administration of President Jefferson, the Government of Great Britain did offer to make an arrangement with the United States, which in the opinion of Messrs. Montrose and Pinkey, their Ministers, placed this subject on a ground that was both honourable and advantageous to the United States, and highly favourable to their interests, and was, at the same time, a concession which had never before been made; and it is highly probable that the Government of Great Britain would still be willing to make an arrangement on this subject which should be alike honourable and advantageous to the United States:

"And whereas, under the administration of President Madison, when the arrangement of matters in controversy between the United States and Great Britain was made with his Britannic Majesty's Minister, David Montague Erskine, Esq., the impressment of seamen was not considered of sufficient importance to make it a condition of that arrangement:

"And whereas the European powers, as well as the United States, recognize the principle that their subjects have no right to expatriate themselves, and that the nation has a right to the services of all its citizens, especially in time of war; and none of those powers respect the neutralization laws of others so far as to admit their operation in contravention of that principle—and it is manifestly unjust for a neutral power to make war upon one nation in order to compel it to relinquish a principle which is maintained by the others, etc."