propensity to war into a passion, which, even among those
best disposed toward the United States, was ready, if not employed
on our side, to be turned against us. A departure from our protracted
forbearance to accept the services tendered by them has thus been forced
upon us. But in yielding to it the retaliation has been mitigated as
much as possible, both in its extent and in its character, stopping far
short of the example of the enemy, who owe the advantages they have
occasionally gained in battle chiefly to the number of their savage
associates, and who have not controlled them either from their usual
practice of indiscriminate massacre on defenseless inhabitants or from
scenes of carnage without a parallel on prisoners to the British arms,
guarded by all the laws of humanity and of honorable war. For these
enormities the enemy are equally responsible, whether with the power to
prevent them they want the will or with the knowledge of a want of power
they still avail themselves of such instruments.
In other respects the enemy are pursuing a course which threatens
consequences most afflicting to humanity.
A standing law of Great Britain naturalizes, as is well known, all
aliens complying with conditions limited to a shorter period than
those required by the United States, and naturalized subjects are
in war employed by her Government in common with native subjects.
In a contiguous British Province regulations promulgated since the
commencement of the war compel citizens of the United States being there
under certain circumstances to bear arms, whilst of the native emigrants
from the United States, who compose much of the population of the
Province, a number have actually borne arms against the United States
within their limits, some of whom, after having done so, have become
prisoners of war, and are now in our possession. The British commander
in that Province, nevertheless, with the sanction, as appears, of his
Government, thought proper to select from American prisoners of war and
send to Great Britain for trial as criminals a number of individuals who
had emigrated from the British dominions long prior to the state of war
between the two nations, who had incorporated themselves into our
political society in the modes recognized by the law and the practice of
Great Britain, and who were made prisoners of war under the banners of
their adopted country, fighting for its rights and its safety.
The protection due
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