In 1813, Madison explained to congress a situation where Great Britain had sent prisoners of war back to the homeland to be tried as criminals. These were British subjects who had recently immigrated to the United States, and had taken up arms against the British to protect their own land and their own safety. At the time, the naturalization laws of the United States were much longer than that of Great Britain, and this led to a situation where immigrants to British provinces were quickly naturalized, while immigrants to America were still British subjects. In the war of 1812, prisoners of war posed a difficult problem for both sides. The war stretched along the entire Northern border of the United States with Canada and there were many prisoners taken in battle. Neither the British, nor America could maintain facilities to hold these soldiers for a very long time. Quite often, the British would parole captured militia men and army officers, releasing them after they made a pledge to remain neutral and stay out of the war. On the other hand, regular troops and officers in charge of the militia were not paroled, but placed into dirty, rodent-infested barracks with little food and care. The British kept many American prisoners in Quebec, while the U.S. sent the British deep into U.S. territory. Shown above is a Revolutionary War prison camp, which may have resembled those during the War of 1812.
Then in what seemed to Madison to be sanctioned by the British government, the British commander had sent some of the American prisoners of war to Great Britain for trial as criminals. These were men who had immigrated to the United States long before the war began, but had taken up arms to protect the United States as their adopted country. Madison seemed to be furious, and sent word to the British that he was willing to play a game of tit for tat. To protect any American citizens taken as war criminals, he was going to put a number of British prisoners of war into confinement where they would experience "whatever violence might be committed on the American prisoners" Madison hoped that this threat of "necessary consequence" would lead the British government to "reflect on the inconsistencies of its conduct" and lead them to have sympathy on their own British subjects. But, unfortunately as Madison reported his plan did not convince the British. "In violation both of consistency and of humanity", the British ordered into close confinement twice as many American officers and non-commissioned officers as were being held by us. Furthermore, Great Brittan sent notification that if any British subjects were put to death, then those confined in British prisons would also be put to death. And, if that was not enough, the commanders of the British fleets and armies on American coasts were instructed to inflict severe destruction on American towns and civilians.
Madison did not back down, he immediately put into close confinement a number of British officers and sent to the British government that they would await whatever fate was put upon the American prisoners of war in Great Brittan. Now it was up to the British government to abide by the "legitimate modes of warfare". Here is the full excerpt of the situation as described by James Madison.
"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 # 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.http://www.presidency.ucsb.edu/ws/index.php?pid=29455
The protection due to these citizens requiring an effectual interposition in their behalf, a like number of British prisoners of war were put into confinement, with a notification that they would experience whatever violence might be committed on the American prisoners of war sent to Great Britain.
It was hoped that this necessary consequence of the step unadvisedly taken on the part of Great Britain would have led her Government to reflect on the inconsistencies of its conduct, and that a sympathy with the British, if not with the American, sufferers would have arrested the cruel career opened by its example.
This was unhappily not the case. In violation both of consistency and of humanity, American officers and non-commissioned officers in double the number of the British soldiers confined here were ordered into close confinement, with formal notice that in the event of a retaliation for the death which might be inflicted on the prisoners of war sent to Great Britain for trial the officers so confined would be put to death also. It was notified at the same time that the commanders of the British fleets and armies on our coasts are instructed in the same event to proceed with a destructive severity against our towns and their inhabitants.
That no doubt might be left with the enemy of our adherence to the retaliatory resort imposed on us, a correspondent number of British officers, prisoners of war in our hands, were immediately put into close confinement to abide the fate of those confined by the enemy, and the British Government was apprised of the determination of this Government to retaliate any other proceedings against us contrary to the legitimate modes of warfare.
It is fortunate for the United States that they have it in their power to meet the enemy in this deplorable contest as it is honorable 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"
http://www.pbs.org/wned/war-of-1812/essays/prisoners-war/
http://www.archives.gov.on.ca/en/explore/online/1812/prisoners.aspx
https://upload.wikimedia.org/wikipedia/commons/2/25/Interior_HMS_Jersey_1855.jpg
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