United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

Maryland,.......

Virginia,........

66 ARTICLE VII.

"The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.

"Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names.

66

GEORGE WASHINGTON, president, And deputy from Virginia. New Hampshire, Nicholas Gilman, John Langdon,

Massachusetts,...

Connecticut,.....

New York,........

Nathaniel Gorham,
Rufus King,
Wm. Samuel Johnson,
Roger Sherman,
Alexander Hamilton,
William Livingston,
David Brearley,

New Jersey, William Patterson,
Jonathan Dayton,
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimmons,
Jared Ingersol,
James Wilson,
Gouverneur Morris,
George Read,

Pennsylvania,....

Gunning Bedford, jun.

Delaware,..........John Dickinson,
Richard Bassett,

Jacob Broom,

James M'Henry

Daniel of St. Thomas
Jenifer,

Daniel Carroll,
John Blair,

James Madison, jun. William Blount, Richard Dobbs Spaight, Hugh Williamsor John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler, William Few, Abraham Baldwin. "Attest. WILLIAM JACKSON, Secretary."

Georgia,......

The contest between Great Britain and the United States had excited, so long as the conflict with Buonaparte continued, only a confined and partial interest, and when the downfall of Napoleon had inflamed our pride and surpassed our expectations, we looked forward to the same good fortune and success in the prosecution of our trans-atlantic hostilities. It was believed, with more national vanity than prudence, that Britain, so long the undisputed mistress of the ocean, would soon sweep the seas of all the American ships and that the troops who had so gloriously proved their warlike prowess in the Peninsula, had only to appear on the frontiers of the United States, to obtain a certain and easy victory over the undisciplined forces of America. It was confidently predicted that our troops would advance without loss or interruption to the capital, and that our successes would induce the inhabitants of the northern states to separate from those of the southern provinces. Deluded by the false representations of the American newspapers, our ill informed and sanguine politicians anticipated the defeat and downfall of the republican party, and on the eve of every new election for officers of state loudly predicted the discomfiture of Mr. Madison and his friends. The stability, however, of that gentleman's power was at this period confirmed and secured by the pacific tenor of his language and his conduct. He reflected, that if the war were prolonged for many years it would entail on the United

States the severest burthens, and such as, in the present stage of society, the people would neither be able nor disposed to bear. Though the people in general possessed real wealth, or the comforts and necessaries of life, they had but little of the signs of that wealth, or money; and, unless on very extraordinary occasions, a people with little bullion cannot endure a long and expensive war. The campaign in Canada had been replete with disappointment. Its arrangement had been unskilful. The troops had not yet acquired the habits of military discipline, nor the generals attained the requisite experience. For these and other reasons, therefore, Mr. Madison had proposed that the emperor of Russia should mediate between Great Britain and America. But this proposal was decidedly objected to by the British government, though at the same time they professed, as they had always done, an anxious desire to put an end to the war.

To this refusal of the mediation of the Emperor of Russia Mr. Madison alluded in the opening of the message which he sent to both houses of congress on the 12th of December 1813. In this message, which is marked with a spirit of considerable hostility towards Britain, he recapitulates all the advantages which the United States had really gained, or claimed, in order to show that,under the circumstances in which they were placed by the refusal of Great Britain, having no choice but an exertion of its strength in support of its rights,-they had the best encouragement to perseverance, from "the success with which it had pleased the Almighty to bless their arms, both on the land and on the water." He first alludes to the battle on lake Erie, which had terminated in the capture of the whole British squadron. On lake Ontario, the caution of the British had frustrated the attempts of the American commander to bring on a decisive action; but even on that lake they were superior. By the success on lake Erie, a passage into the territory of Canada had been opened, and the war carried thither with considerable success. After mentioning some other successes, and the prospect of future advantages, Mr. Madison adverts to our employment of the Indians, which he censures in very strong terms:

in other respects also he alleges that we were pursuing a course most destructive to humanity;-alluding particularly to the British commander in Canada having selected from American prisoners of war, and sent to Great Britain for trial as criminals, a number of individuals who had emigrated from Britain long prior to the war. In consequence of this, he had put into confinement a like number of British prisoners of war, sending an official notification, that they would experience whatever violence might be committed on the American prisoners of war sent to Great Britain. This, however, had produced no effect: so far from it, that double the number of American officers had been put in confinement. "It is as fortunate (adds Mr. Madison) for the United States, that they have it in their power to meet their enemy in this deplorable contest, as it is honourable to them that they do not join in it but under the most imperious obligations, and with the humane purpose of effectuating a return to the established usages of war."

The president next adverts to the conduct of France towards the United States; but here his language becomes much more cool and guarded; and the subject indeed is passed over with a very short and slight notice.

The next topic adverted to relates to a revision of the militia laws, " for the purpose of securing more effectually the services of all detachments called into the employment and placed under the government of the United States.

After some observations on the adoption of measures, by which the American privateers might have the use of the ports of friendly powers, Mr. Madison passes on to the consideration of the finances of the United States. The receipts for the last year had exceeded 37 millions and a half of dollars, of which nearly 24 were the produce of loans; on the 30th of September 1813 nearly seven millions of dollars remained in the treasury, after meeting all the demands for the public service: seven millions and a half had been obtained as a loan on very favourable conditions: further sums were necessary, but there were good grounds to suppose that they would be easily obtained.

After mentioning generally the expenses

which had been incurred during the last campaign, he again adverts to their successes: York, Forts George, Eric, and Malden, had been reduced; and the attacks of the British in almost every part had been repulsed. He concludes by contrasting the advantages which the war had brought, with the evils which it had necessarily inflicted: if it had interrupted their commerce, it had also encouraged and extended their manufactures: if much treasure had been expended, no inconsiderable portion of it had been applied to objects durable in their value:-if the war had exposed them to spoliations on the ocean, and to incursions on the land, it had also demonstrated, "that every blow aimed at their maritime independence was an impulse accelerating the growth of their maritime power;" and by the effects of the war on the military resources and discipline of the nation, "a greater respect for their rights, and a longer duration of their future peace, are promised, than could be expected without these proofs of the national character and resources."

In the statements and anticipations of some parts of his message Mr. Madison was justified by what had actually happened, or by what was likely to happen. But certainly so far as he dwelt upon the military character of the United States, neither what had occurred, nor what in all probability would speedily occur, bore him out: almost every American general and army had fled with precipitation before an inferior force, composed almost entirely of Canadian troops. Wilkinson and Hampton, the last who had fought, had derived no more honour than their predecessors: sir George Prevost, on the contrary, exhibited his usual activity and courage; and after the defeat of the American generals, he pursued them so closely that they were forced to take up their winter quarters in their own territory. The appearance of a small regular force menacing the front of general Wilkinson, was sufficient to drive him in great alarm up the Salmon river: on arriving at French Mills, about six miles up the stream, he dismantled his boats, and arranged his artillery near a block-house. In the mean while, some British gun-boats advanced into lake Champlain,

and burnt the depôt at Plattsburg; while on the other hand a conjoint attack on Burlington heights, planned by the American general Harrison and commodore Chauncey, was frustrated by the severity of the weather. On the 30th of December, a corps of British amounting to 1000 men attacked an American force of double that number, advantageously posted near the Black Rock: the Americans were entirely beaten; and the consequence of this victory was, that possession was gained of all the enemy's posts on the Niagara frontier

From several causes, it was not to be expected that the war between Britain and America would be carried on in the most humane and honourable mode, especially by the Americans: they had not yet forgotten the war of the revolution; and our employment of the Indians, though they set us the example, exasperated them still more: the consequences were such as might naturally be dreaded. be dreaded. In their different invasions of Canada the greatest inhumanities were exercised: especially at Sandwich, at the settlements on the Thames, at York, and at FortGeorge. Finding that remonstrances against this mode of conducting the war produced no effect, sir George Prevost at length issued a proclamation announcing a severe retaliation on the Americans; while at the same time he earnestly deprecated this mode of warfare. We shall afterwards have occasion to canvass the humanity as well as the policy in retaliating on, and thus imitating, an enemy when they depart from the paths of justice.

As soon as Europe was restored to peace by the dethronement of Buonaparte, the British government resolved to prosecute the war against the United States with a great accession of means and vigour; and thus it was confidently expected that Mr. Madison would be compelled to accept of such terms as we should be disposed to dictate. Two distinct modes of prosecuting the war seem to have been determined on by the British government; an invasion of the coasts of the United States; and, after the protection of Canada had been secured, the conquest of so much of the adjoining territory of the United States as might, in the event of a future war,

effectually guard that province from all danger. It was reasonably expected also, that when the intelligence of the downfall of Buonaparte reached America, either Mr. Madison would feel the necessity of making peace, or, if he did not, his unpopularity would become so great, that he would be obliged to quit the government of the states in favour of a president more favourable to Britain and to pacific measures.

The intelligence of the downfall of Buonaparte certainly did create a wonderful sensation in America; but a sensation of a singular kind, and not easily explained. It might have been anticipated that the republican party, the friends to liberty, the enemies of despotism, would have rejoiced at the destruction of the military despotism and oppression of Buonaparte; but, on the contrary, they mourned over his downfall, as if, with him, all hope and prospect of the liberty and independence of Europe had also fallen. At first, the successes of the allies in France were not credited; but when they were established beyond all doubt, those newspapers which spoke the sentiments and wishes of the republican party, in the most explicit manner, lamented the intelligence. This, however, may perhaps be accounted for: their hatred of Britain, and the violence of their party spirit against such of their own countrymen as were federalists and adverse to war, led them to embrace the cause of one from whom they expected the ruin of Britain.

Mr. Madison, however, was convinced that, now that Britain was at full liberty to employ all her force against the United States, the war would assume a different character from what it previously had done; and consequently, that it would be absolutely necessary, either to meet the more extended and vigorous warfare by measures of corresponding vigour and extension, or to bring about a peace with Great Britain. The latter was resolved upon; at the same time that, in case of the failure of the negociations, measures were taken which he hoped would secure the United States from the attacks which would be now made against them. Mr. Madison also found himself under the necessity of repealing the embargo which had been laid on the 13th of December 1813; for by the re

verses and downfall of Buonaparte the federalist party, which, as has been already observed, consisted principally of merchants, now raised their voices most powerfully and effectually against a measure which involved them in great pecuniary embarrassments and difficulties. Thus another instance was exhibited which proved that Britain, though more essentially commercial than any other nation, can bear up under the interruption. of commerce for a much longer time, and with less suffering, than any of her rivals. Such are the effects of great capital and enterprise united.

In the midst, however, of all their defeats by land, and of the dismay into which the war party in America were thrown by the downfall of Buonaparte, they were still successful by sea; and their success in this element not only inspired them with the hope that they should one day become the mistress of the ocean, but also threw a gloom over Britain, even while she was hailed by the rest of Europe as having been mainly instrumental in restoring to the continent the blessings of independence and peace.

On the morning of the 28th of June, in latitude 48. longitude 11., the Reindeer sloop of war, commanded by captain Manners, perceived an enemy to the leeward, and instantly gave chase: about three o'clock the ships were close together, when the action commenced, and was kept up with the most determined spirit for twenty-five minutes: at the end of this time the captain of the Reindeer, the purser, and 27 men were killed; and 40 wounded, amongst whom were all her officers then on board: before this, she had made several unsuccessful attempts to board. In this state she was under the necessity of striking to the enemy, which proved to be the Wasp American sloop of war, commanded by captain Blakely. The disproportion between the two ships in size, weight of metal, and complement of men, was very considerable. The Wasp was of the burden of nearly 800 tons, mounting 20 32-pounder carronades, besides two long 12pounders, and having on board 175 men; while the Reindeer was little more than 380 tons, mounting only 16 twenty-four pounder carronades, besides two long twelve-poun

ders, with two long sixes, and had only 98 men and twenty boys. Captain Manners fought his vessel against this very superior enemy in the most gallant manner: he lost his life in attempting to board, after receiving fourteen wounds. The Wasp was very much cut up in her hull and rigging; and her loss in killed and wounded is supposed to have been fully equal to that of the Reindeer. On the day after the action it became necessary to destroy the prize. Thus, in a sea war of two years, the Americans could boast that, though they were opposed to the once dreaded navy of Great Britain, the proportion of victories had been beyond all comparison in their favour, having captured three frigates, two twenty-gun ships, four eighteens, one twelve and one ten-gun vessel.

It would seem, too, that where we were victorious over the Americans by sea, we were generally indebted for our success to a greater superiority than even they had when they were successful. This was certainly the case with respect to the capture of the Essex; she had been long cruizing in company with a corvette off the eastern coast of South America; and captain Hillyear of his majesty's ship Phoebe was directed to sail in quest of them; for nearly five months he was unsuccessful; but at last, on the 28th of March, he saw the Essex quit the port of Valparaiso, and immediately (accompanied by the Cherub) he made sail after her. The Essex at first attempted to gain the weather gage; but in this attempt she did not succeed, carrying away her maintopmast: on this she endeavoured to regain the port she had just quitted; but in this also she was unsuccessful, being obliged to anchor near the shore. In In this situation it was not safe for captain Hillyear to pass a-head of her: he therefore resolved to anchor as near her as possible: but before he gained a position proper for that purpose, the cable of the Essex was cut, and a serious conflict ensued; the guns of the Phoebe became gradually more destructive, and her crew, if possible, more animated: the contest began at 35 minutes past five, and lasted till 20 minutes after six, when the Essex struck her colours. In the official account of the action captain Hillyear, with the spirit of a brave man, bestowed a liberal de

gree of praise on the bravery of the enemy: the conduct of the captain of the Essex, however (captain Porter), in one respect deserved no praise; for it appears by captain Hillyear's account, that he connived at the escape of some of his men after the ship had surrendered.

The only other naval action at sea, this year, took place off the coast of Ireland, between the Wasp (already mentioned) and the Avon. The British here were inferior, and would certainly have been taken possession of, having been forced, after a short but desperate conflict, to strike her colours, had not some of his majesty's ships fortunately come up at the instant, and obliged the Wasp to seek her safety in flight.

Besides these successes of the Americans, so far as their national vessels were concerned, they had many rich captures by their privateers; and these captures were made not merely on their own coasts, or on the Atlantic ocean, but on the tic ocean, but on the very shores of England and Ireland; so that at length it was not safe for a vessel to sail without convoy from one part of the English or Irish channel to another. Strong representations were made to the admiralty on this subject; but as they were not attended to as they ought to have been, addresses to the prince regent were presented from London, Liverpool, and other sea ports. It was indeed a most mortifying reflection, that while our navy amounted to nearly 1000 ships of different sizes, and while we were at peace with all Europe, we could not protect our commerce on our own coasts. The only defence (if defence it could be called) that the admiralty could make was, that we had captured a greater number of ships from the Americans than the Americans had from But the proportion of the captures we had made was very far below the proportional superiority which our navy bore to theirs: and indeed, all things considered, not too much would have been expected from the admiralty, if, with the means in their power, the nation had anticipated the capture of every American armed vessel that put to

us.

sea.

The lakes, it is well known, constitute the most important boundary between Canada and the United States; and the possession of