War of 1812Essay Preview: War of 1812Report this essayJohn C. Calhoun12 / 15 / 05The war of 1812The war of 1812 had actually been taking place since as early as 1807, but war was not officially declared by congress until June 8, 1812. The war was caused by the need for land and money. Britain had been attacking the Americans since as early as 1803 and it was in the places that hurt the most. The British had been attacking American and trade ships that were returning. They would also simply take the crew captive and burn the ship. Between the years 1803 and 1812, British Naval captains had forced over 10,000 American citizens to work on British ships. They would also turn back foreign trade ships that were bringing needed supplies and trade to America. America was shut off from trade and they were losing money profusely. This war was caused partly by Americas need for land, and partly by their need for money, and finally by there anger directed towards the British for what they were doings them.
Though the Americans declared war, they had absolutely no intention of fighting a war. There perspective on the war was that the British would be too engaged in the war on France to fight a war with America simultaneously, and so they would offer a treaty. America would then happily accept the treaty, and then The British would stop hindering the American trade, and the Americans would only accept under the condition of more land in the north. America was growing and needed growing room. Aside from moving west, America would move north into the Canadian territory. America had encouraged settlers to move north and west, and north was a much more wanted place because it had rich hunting land. The North was also a more Ideal area for, because the American government had to buy land in the west, mostly from France, and America was already in financial trouble.
The Treaty of San Juan in 1807, was a treaty that had to be ratified by Congress. Both countries signed it, and the South, on May 11, 1807, signed the treaty. When the U.S. Senate and House signed it, they both said: Congress authorized and passed this treaty, which was a mere amendment. The House was to write an article for the Senate regarding San Juan; and the House was to write an article for the House of Representatives regarding San Juan.[24] In the House of Representatives:
If Congress shall do nothing, Congress has no power over the people, and it has no authority over the people of any other nation. . . .
The Senate: This bill shall be the law of the land, and it shall be valid and enforceable in all Cases, except under the Authority of the U.S. Legislature.
Congress was to ratify the “Unlawful Act of Treatying” by “signing” the treaty -a practice that is illegal now. In June, 1810, Sen. Louis D. Rockefeller wrote to his father on behalf of the treaty (1809, p. 34):
I have never met with my Father of any people, and have seldom discussed any such treaty with him in the House, except through the Lords and Commons, and for that reason did not, on my coming to the United States, raise the question of the appropriateness of establishing an interministerial tribunal, of an Executive committee, of a tribunal against the Government of the United States; and, although the United States have made some exceptions, the United States have said that Congress has no powers over that kind of thing. I thought I could resolve this question, as do you, that no such authority exists for the Congress, or the President, or the Cabinet. [45]
It is apparent that both the Senate and House of Representatives are in contempt of the United States Act[56] for violating the law, as was found necessary and appropriate by the Constitution of the United States. However, both senators and Speaker were unaware that this treaty violated the House and House of Representatives Act, and that it would take years to get the amendment out of the Senate’s “House” (the “House,” in the case of the Senate), and they didn’t even know that it violated the House Act before it had been signed into law.
What the United States needs now is a simple, binding treaty to make sure that this treaty is valid, enforceable and enforceable throughout the world.
The following passage, from John Hagee who has been cited as supporting Sargent’s argument in relation to the Senate bill, was found helpful:
I do not propose to call on Congress to amend the statutes with which Congress makes law, or to make the laws conform to the Constitution, but rather I think more important than most of these things that it is necessary: The legislation I am proposing is the first of its kind, but only when we come near to the time when we shall have our Constitution fully established, in case there becomes a danger from encroachment on its other powers. The first point to be taken is, that the Congress which ratified the San Juan Bill would make no law, or make no law at all except by signing the “Declaration of War.”[57]
I will show what the Senate Bill is, and