Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16) (part 6 of 8)

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16) (part 6 of 8)

In reference to this principle, the course of my reflections will be guided by two general inquiries--the nature of the interest to be protected, and the nature of the protection to be extended. In pursuing these inquiries, I shall touch very slightly, if at all, on the abstract duty of protection, which is the very end of all political associations, and, without the attainment of which, they are burdens and no blessings. But I shall keep it mainly in my purpose to establish the connection between a naval force and commercial prosperity; and to show the nature of the necessity, and the degree of our capacity, to give to our maritime rights a maritime protection.

In contemplating the nature of the interest to be protected, three prominent features strike the eye, and direct the course of reflection, viz: its locality, its greatness, and its permanency.

The locality of any great interest, in an association of States such as compose this Union, will be a circumstance of primary importance, in the estimation of every wise statesman. When a great interest is equally diffused over the whole mass, it may be neglected or oppressed or even abandoned, with less hazard of internal dissension. The equality of the pressure lightens the burden. The common nature of the interest removes the causes of jealousy. A concern equally affecting the happiness of every part of the nation, it is natural to suppose, is equally dear to all, and equally understood by all. Hence results acquiescence in any artificial or political embarrassment of it. Sectional fears and suspicions, in such case, have no food for support, and no stimulant for activity. But it is far otherwise when a great interest is, from its nature, either wholly, or in a very great proportion, local. In relation to such a local interest, it is impossible that jealousies and suspicions should not arise, whenever it is obstructed by any artificial or political embarrassment; and it is also impossible that they should not be, in a greater or less degree, just. It is true, of the wisest and the best and the most thoughtful of our species, that they are so constituted as not deeply to realize the importance of interests which affect them not at all, or very remotely. Every local circle of States, as well as of individuals, has a set of interests, in the prosperity of which, the happiness of the section to which they belong is identified; in relation to which interests, the hopes and the fears, the reasonings and the schemes, of the inhabitants of such sections are necessarily fashioned and conducted. It is morally impossible that those concerned in such sectional interests, should not look with some degree of jealousy on schemes adopted in relation to those interests, and prosecuted by men, a majority of whom have a very remote or very small stake in them. And this jealousy must rise to an extreme height, when the course of measures adopted, whether they have relation to the management or the protection of such interests, wholly contravene the opinions and the practical experience of the persons immediately concerned in them. This course of reflection has a tendency to illustrate this idea--that, as in every political association it is of primary importance that the great interests of each local section should be skilfully and honestly managed and protected, so, in selecting the mode and means of management and protection, an especial regard should be had to the content and rational satisfaction of those most deeply concerned in such sectional interests. Theories and speculations of the closet, however abundant in a show of wisdom, are never to be admitted to take the place of those principles of conduct in which experience has shown the prosperity and safety of such interests to consist. Practical knowledge, and that sagacity which results from long attention to great interests, never fail to inspire a just self-confidence in relation to those interests--a confidence not to be browbeaten by authority, nor circumvented by any general reasoning. And, in a national point of view, it is scarcely of more importance that the course adopted should be wise, than that content and rational satisfaction should be given.

On this topic of locality, I shall confine myself to one or two very plain statements. It seems sufficient to observe, that commerce is, from the nature of things, the leading interest of more than one-half, and that it is the predominant interest of more than one-third, of the people of the United States. The States north of the Potomac contain nearly four millions of souls; and surely it needs no proof to convince the most casual observer, that the proportion which the commercial interest bears to the other interests of that great section of the Union, is such as entitles it to the denomination of leading interest. The States north of the Hudson contain nearly two and a half millions of souls; and surely there is as little need of proof to show that the proportion the commercial interest bears to the other interests of that Northern section of the Union, is such as entitles it there to the denomination of predominating interest. In all the country between the Potomac and the Hudson the interest of commerce is so great, in proportion to the other interests, that its embarrassment clogs and weakens the energy of every other description of industry. Yet, the agricultural and manufacturing interests of this section are of a nature and a magnitude, both in respect of the staples of the one and the objects of the other, as to render them, in a very considerable degree, independent of the commercial. And, although they feel the effect of the obstruction of commerce, the feeling may be borne for a long time, without much individual suffering, or any general distress. But, in the country north of the Hudson, the proportion and connection of these great interests are different. Both agriculture and manufactures have there grown up in more intimate relation to commerce. The industry of that section has its shape and energy from commercial prosperity. To the construction, the supply, and the support of navigation, its manufactures have a direct or indirect reference; and it is not very different with its agriculture. A country divided into small farms, among a population great compared with its extent, requires quick circulation and easy processes in the exchange of its commodities. This can only be obtained by an active and prosperous commerce.

But, perhaps, the greatness of this interest, and our pecuniary ability to protect it, may be made more strikingly apparent by a comparison of our commerce with that of Britain, in the single particular of export. I state, then, as a fact, of which any man may satisfy himself by a reference to McPherson's Annals of Commerce, where the tables of British export may be found, that, taking the nine years prior to the war of our Revolution--from 1766 to 1774 inclusive--the total average export of Great Britain was £16,000,000 sterling; equal to $71,000,000--an amount less, by $10,000,000, than the present total average export of the United States. And again, taking the nine years beginning with 1789, and ending with 1797, inclusive, the total annual average export of Great Britain was £24,000,000 sterling--equal to $106,000,000--which is less, by $2,000,000, than the total export of the United States in 1807. It is true, that this is the official value of the British export, and that the real value is somewhat higher--perhaps thirty per cent. This circumstance, although it in a degree diminishes the approximation of the American to the British commerce, in point of amount does not materially affect the argument. Upon the basis of her commerce, Great Britain maintains a maritime force of 800 or 1,000 vessels of war. And will it be seriously contended, that, upon the basis of a commerce like ours, thus treading upon the heels of British greatness, we are absolutely without the ability of maintaining the security of our seaboard, the safety of our cities, and the unobstructed course of our coasting trade?

By recurring to the permanency of this interest, the folly and madness of this negligence and misplaced meanness--for it does not deserve the name of economy--will be still more distinctly exhibited. If this commerce were the mushroom growth of a night--if it had its vigor from the temporary excitement and the accumulated nutriment which warring elements in Europe had swept from the places of their natural deposit--then, indeed, there might be some excuse for a temporizing policy touching so transitory an interest. But commerce in the Eastern States is of no foreign growth, and of no adventitious seed; its root is of a fibre which almost two centuries have nourished; and the perpetuity of its destiny is written in legible characters, as well in the nature of the country, as in the disposition of its inhabitants. Indeed, sir, look along your whole coast, from Passamaquoddy to Capes Henry and Charles, and behold the deep and far-winding creeks and inlets, the noble basins, the projecting headlands, the majestic rivers; and those sounds and bays, which are more like inland seas, than any thing called by those names in other quarters of the globe! Can any man do this, and not realize that the destiny of the people inhabiting such a country is essentially maritime? Can any man do this, without being impressed by the conviction, that, although the poor projects of politicians may embarrass, for a time, the dispositions growing out of the condition of such a country, yet that nature will be too strong for cobweb regulations, and will vindicate her rights with certain effect--perhaps with awful perils? No nation ever did or ever ought to resist such allurements and invitations to a particular mode of industry. The purposes of Providence relative to the destination of men are to be gathered from the circumstances in which his beneficence has placed them; and to refuse to make use of the means of prosperity which his goodness has put into our hands, what is it but spurning at his bounty, and rejecting the blessings which his infinite wisdom has designated for us, by the very nature of his allotments? The employments of industry, connected with navigation and commercial enterprise, are precious to the people of that quarter of the country, by ancient prejudice, not less than recent profit. The occupation is rendered dear and venerable, by all the cherished associations of our infancy, and all the sage and prudential maxims of our ancestors. And, as to the lessons of encouragement derived from recent experience, what nation, within a similar period, ever received so many that were sweet and salutary? What nation, in so short a time, ever before ascended to such a height of commercial greatness?

Having concluded what I intended to suggest, in relation to the nature of the interest to be protected, I proceed to consider the nature of the protection which it is our duty to extend. And here, Mr. Speaker, I am necessitated to make an observation which is so simple and so obvious, that were it not for the arguments urged against the principle of maritime protection, I should have deemed the mere mention of it to require an apology. The remark is this: that rights, in their nature local, can only be maintained where they exist, and not where they do not exist. If you had a field to defend in Georgia, it would be very strange to put up a fence in Massachusetts. And yet, how does this differ from invading Canada, for the purpose of defending our maritime rights? I beg not to be understood, Mr. Speaker, by this remark, as intending to chill the ardor for the Canada expedition. It is very true, that, to possess ourselves of the Canadas, and Nova Scotia, and their dependencies, it would cost these United States, at the least estimate, $50,000,000; and that Great Britain's national pride, and her pledge of protection to the people of that country, being put out of the question, she would sell you the whole territory for half the money. I make no objection, however, on this account. On the contrary, for the purposes of the present argument, I may admit that pecuniary calculation ought to be put out of the field, when spirit is to be shown, or honor vindicated. I only design to inquire how our maritime rights are protected by such invasion. Suppose that in every land-project you are successful--suppose both the Canadas, Quebec, Halifax, every thing to the North pole, yours by fair conquest--are your rights on the ocean, therefore, secure? Does your flag float afterwards in honor? Are your seamen safe from impressment? Is your course along the highway of nations unobstructed? No one pretends it. No one has or can show, by any logical deduction, or any detail of facts, that the loss of those countries would so compress Great Britain as to induce her to abandon for one hour any of her maritime pretensions. What then results? Why, sir--what is palpable as the day--that maritime rights are only to be maintained by maritime means. This species of protection must be given, or all clamor about maritime rights will be understood, by the people interested in them, to be hollow or false; or (what is worse) an intention to co-operate with the enemies of our commerce in a still further embarrassment of it.

In considering this subject of maritime protection, I shall recur to the nature and degree of it, and to our capacity to extend it. And there we are always met, at the very threshold, with this objection: "A naval force requires much time to get it into readiness, and the exigency will be past before the preparation can be completed." This want of foresight in times past, is made an apology for want of foresight in the time present. We were unwise in the beginning, and unwise we resolve to continue until the end of the chapter. We refuse to do any thing until the moment of exigency, and then it is too late. Thus our improvidence is made sponsor for our disinclination. But what is the law of nature and the dictate of wisdom, on this subject? The casualties of life, the accidents to which man is exposed, are the modes established by Providence for his instruction. This is the law of our nature. Hence it is that adversity is said to keep a school for certain people who will learn in no other. Hence, too, the poet likens it to "a toad, ugly and venomous, which bears a precious jewel in his head." And, in another place, but with the same general relation, "out of this thorn danger, we pluck the flower safety." This law is just as relative to nations, as it is to individuals. For, notwithstanding all the vaunting of statesmen, their whole business is to apply an enlarged common sense to the affairs intrusted to their management.

Touching the nature and degree of that maritime protection, which it may be wise in this nation to extend to its maritime interests, it seems to me that our exertions should rather be excited than graduated, by the present exigency; that our duty is to inquire, upon a general scale, what our commercial citizens have, in this respect, a right to claim; and what is the unquestionable obligation of a commercial nation, to so great a class of its interests. For this purpose, my observations will have reference rather to the principles of the system, than to the provisions of the bill now under debate. Undoubtedly, an appropriation for the building of ten, or any other additional number of frigates, would be so distinct a manifestation of the intention of the National Legislature to extend to commerce its natural protection, as in itself to outweigh any theoretic preference for a maritime force of higher character. I cannot, therefore, but cordially support an appropriation for a species of protection so important and desirable. Yet in an argument, having relation to the system, rather than to the occasion, I trust I shall have the indulgence of the House, if my course of reflections should take a wider range than the propositions on the table, and embrace, within the scope of remark, the general principles by which the nature and degree of systematical naval protection should in my judgment be regulated.

Touching that branch of interest which is most precious to commercial men, it is impossible that there can be any mistake. For however dear the interests of property or of life, exposed upon the ocean, may be to their owners or their friends; yet the safety of our altars and of our firesides, of our cities and of our seaboard, must, from the nature of things, be entwined into the affections by ties incomparably more strong and tender. And it happens that both national pride and honor are peculiarly identified with the support of these primary objects of commercial interest.

With respect to the nature and extent of this naval force, some difference of opinion may arise, according to the view taken of the primary objects of protection. For myself, I consider that those objects are first to be protected, in the safety of which the national character and happiness are most deeply interested. And these are chiefly concerned, beyond all question, in the preservation of our maritime settlements from pillage and our coast from violence. For this purpose it is requisite that there should be a ship of war for the harbor of every great city of the United States, equal, in point of force, to the usual grade of ships-of-the-line of the maritime belligerents. These ships might be so instructed as to act singly or together, as circumstances might require. My reason for the selection of this species of force is, that it puts every city and great harbor of the United States in a state of security from the insults, and the inhabitants of your seacoast from the depredation, of any single ship of war of any nation. To these should be added a number of frigates and smaller vessels of war. By such means our coasting trade might be protected, the mouths of our harbors secured (in particular that of the Mississippi) from the buccaneers of the West Indies, and, hereafter perhaps, from those of South America. A system of protection, graduated upon a scale so conformable to the nature of the country, and to the greatness of the commercial interest, would tend to quiet that spirit of jealousy which so naturally and so justly begins to spring up among the States. Those interested in commerce would care little what local influences predominated, or how the ball of power vibrated among our factions, provided an efficient protection of their essential interests, upon systematic principles, was not only secured by the letter of the constitution, but assured by a spirit pervading every description of their rulers. But it is said that "we have not capacity to maintain such a naval force." Is it want of pecuniary or want of physical capacity? In relation to our pecuniary capacity, I will not condescend to add any proof to that plain statement already exhibited, showing that we have an annual commercial exposure, equal to six hundred millions of dollars, and that two-thirds of one per cent. upon this amount of value, or four millions of dollars, is more than is necessary, if annually and systematically appropriated, for this great object; so anxiously and rightfully desired by your seaboard, and so essential to the honor and obligations of the nation. I will only make a single other statement, by way of illustrating the smallness of the annual appropriations necessary for the attainment of this important purpose. The annual appropriation of one-sixth of one per cent. on the amount of the value of the whole annual commercial exposure, (one million of dollars,) is sufficient to build, in two years, six seventy-four gun ships; and taking the average expense in peace and war, the annual appropriation of the same sum is sufficient to maintain them afterwards, in a condition for efficient service. This objection of pecuniary inability may be believed in the interior country, where the greatness of the commercial property and all the tender obligations connected with its preservation, are not realized. But, in the cities and in the commercial States, the extent of the national resources is more truly estimated. They know the magnitude of the interests at stake and their essential claim to protection. Why, sir, were we seriously to urge this objection of pecuniary incapacity to the commercial men of Massachusetts, they would laugh us to scorn. Let me state a single fact. In the year 1745, the State, then the colony of Massachusetts Bay, included a population of 220,000 souls, and yet, in that infant state of the country, it owned a fleet consisting of three ships, one of which carried twenty guns, three snows, one brig, and three sloops; being an aggregate of ten vessels of war. These partook of the dangers, and shared in the glory, of that expedition which terminated with the surrender of Louisburg. Comparing the population, the extent of territory, the capital, and all the other resources of this great nation, with the narrow means of the colony of Massachusetts at that period of its history, it is not extravagant to assert that the fleet it then possessed, in proportion to its pecuniary resources, was greater than would be, in proportion to the resources of the United States, a fleet of fifty sail-of-the-line and one hundred frigates.

The general effect of the policy I advocate, is to produce confidence at home and respect abroad. These are twin shoots from the same stock, and never fail to flourish or fade together. Confidence is a plant of no mushroom growth and of no artificial texture. It springs only from sage counsels and generous endeavors. The protection you extend must be efficient and suited to the nature of the object you profess to maintain. If it be neither adequate nor appropriate, your wisdom may be doubted, your motives may be distrusted, but in vain you expect confidence. The inhabitants of the seaboard will inquire of their own senses and not of your logic, concerning the reality of their protection.

As to respect abroad, what course can be more certain to insure it? What object more honorable, what more dignified than to behold a great nation pursuing wise ends by appropriate means; rising to adopt a series of systematic exertions, suited to her power, and adequate to her purposes? What object more consolatory to the friends--what more paralyzing to the enemies of our Union--than to behold the natural jealousies and rivalries, which are the acknowledged dangers of our political condition, subsiding or sacrificing? What sight more exhilarating than to see this great nation once more walking forth among the nations of the earth, under the protection of no foreign shield? Peaceful because powerful--powerful because united in interests, and amalgamated by concentration of those interests in the national affections.

But, let the opposite policy prevail; let the essential interests of the great component parts of this Union find no protection under the national arm--instead of safety let them realize oppression, and the seeds of discord and dissolution are inevitably sown in a soil the best fitted for their root, and affording the richest nourishment for their expansion. It may be a long time before they ripen. But, sooner or later, they will assuredly burst forth in all their destructive energies. In the intermediate period, what aspect does a Union, thus destitute of cement, present? Is it that of a nation keen to discern, and strong to resist, violations of its sovereignty? It has rather the appearance of a casual collection of semi-barbarous clans, with the forms of civilization, and with the rude and rending passions of the savage state. In truth, powerful--yet, as to any foreign effect, imbecile--rich, in the goods of fortune, yet wanting that inherent spirit without which a nation is poor indeed; their strength exhausted by struggles for local power; their moral sense debased by low intrigues for personal popularity, or temporary pre-eminence; all their thoughts turned not to the safety of the State, but to the elevation of a chieftain. A people presenting such an aspect, what have they to expect abroad? What but pillage, insult, and scorn?

The choice is before us. Persist in refusing efficient maritime protection; persist in the system of commercial restrictions; what now is, perhaps, anticipation, will hereafter be history.

Mr. FISK said that, when this subject was first presented to the House, he felt inclined to vote for a small increase of the Naval Establishment; but it now appears that, what is asked for is considered only as laying a foundation for a great system--a system which, he feared, if carried into execution, might change the Government.

Mr. F. contended that the Navy never had, and never could protect our commerce. Like standing armies, he considered navies as dangerous to liberty. As to the constitutional provision, with respect to a navy, it is nothing more than a mere grant of power, which Congress is at liberty to use or not, as they may deem it necessary or expedient.

Though he had listened with candor to all the arguments which had been used in favor of an increase of this Establishment at the present time, he was far from being convinced that such an increase, at present, is either necessary or expedient. It appeared to him that every nation which has embarked, to any extent, in Navy Establishments, has been eventually crushed by them. Whether you go back to ancient, or look upon modern Europe, you will find navies have not afforded that protection which gentlemen are desirous of persuading the House they are capable of affording. Has the navy of Russia protected her commerce? There are in the Russian dominions from twenty-five to thirty millions of people; but, by every account we have of them, their situation is not very enviable; nor have they any great degree of commerce to protect. Where are the navies of Sweden and Denmark? The latter, it is well known, were swept away and destroyed by the British fleet; and the fleet of Sweden serves only to keep the country in poverty to maintain it. A navy looks pretty well in theory; but look into the experience of nations, and it will be found to have been the bane of every country which has had any thing to do with it. We should want wisdom, therefore, to pursue a system which has proved so ruinous to others.

With respect to Great Britain herself, it had been said that her navy had been the basis of her wealth and prosperity. Mr. F. said he did not envy the situation of that country. The glory and honor which such nations are in the habit of acquiring, prove a curse to them in the end by enslaving them with expense.

As to the protection and encouragement of commerce, he believed commerce would always flourish best when left to itself unshackled by regulations. It will then be carried to every part of the globe. In the course of the debate, it had been said that the exports of Great Britain, in 1797, were not greater than ours before our commerce was restricted, though that nation had possessed a navy which had triumphed on the ocean for half a century. How did this happen? It was owing, said Mr. F., to the freedom of our commerce.

The gentleman from Massachusetts (Mr. QUINCY) had spoken of the naval force formerly possessed by Massachusetts. But, what security did those ships afford? They were of no use, as he believed; they were nothing but a heavy expense to the State; and he believed the merchants had found their commerce in a much better state since, than it was when they were in being.

Gentlemen speak of the embarrassments of our commerce, as if they were owing to our not having a navy; but, if they will look around, they will find that those countries which have navies have not escaped; our embarrassments have arisen from the wrongs committed against us by other nations, which we had no power of preventing.

It had been shown that the Navy Establishment proposed could not be supported but by an expense which would prove ruinous to this country. Rather than incur this expense, he was willing to dispense with the honor supposed to be attached to such an Establishment. Mr. F. was opposed to this system, too, because it could not be supported without having recourse to a force similar to impressment to obtain a number of seamen sufficient to man such a fleet. He was anxious to protect every part of the Union; but he could not consent to support any scheme so pregnant with mischief to the country, as he considered this large Navy Establishment to be.

The question on agreeing to strike out the section for building the frigates was carried--yeas 62, nays 59.

The next question was, on agreeing with the Committee of the Whole to fill the blank for providing ship timber and other imperishable materials, with the words two hundred thousand dollars, which was carried--yeas 82, nays 37.

Another question was on agreeing with the Committee of the Whole to make the above appropriation for three years, viz: for the years 1812, 1813, and 1814. This motion was carried--yeas 67, nays 52.

The next question was on agreeing with the Committee of the Whole to appropriate one hundred thousand dollars for providing a dock yard.

Mr. RHEA moved to strike out the section; but this motion being decided to be out of order, Mr. D. R. WILLIAMS spoke against the propriety of appropriating money, without estimate, for an object not wanted until we went about building seventy-fours. The House adjourned, on motion of Mr. SMILIE, without taking the question.

TUESDAY, January 28.

Naval Establishment.

The order of the day, viz: the bill concerning the Naval Establishment, was then taken up, and the question on agreeing to the report of the Committee of the Whole, to fill up the blank in the section providing a dock yard, with one hundred thousand dollars, being under consideration, Mr. CHEVES stated the grounds upon which the committee had recommended this provision of the bill, and replied to some remarks of his colleague (Mr. WILLIAMS) made yesterday.

Mr. RHEA then moved to strike out the whole section in relation to the dock yard; which, after some little debate, was carried--yeas 56, nays 52.

Mr. BLACKLEDGE moved a new section to the bill, providing for the building of four seventy-four gunships. As an inducement to the House to adopt this new section, he stated there were sufficient timber and guns on hand; that the whole expense would not exceed $1,300,000, and the guns and timber being already provided, an appropriation of $824,000 only, would be necessary to complete them.

The question was negatived--yeas 33, nays 76.

The bill was then ordered to be engrossed for a third reading to-morrow.

MONDAY, March 2.

Divorces in the District.

Mr. LEWIS, from the Committee on the District of Columbia, made the following report:

The Committee for the District of Columbia, to whom were referred the petitions of Jane Deakins, praying for a divorce from William Deakins, and of David Beck, praying for a divorce from Ellen, his wife, submit the following report:

The only object which the petitioners can have in view is to be enabled, respectively, to enter into new contracts of marriage. Were marriages only a civil institution, the courts of law would be open to all parties seeking the redress now prayed for, for alleged breach of the marriage contract: but it is something more; it is a divine ordinance, and has been pronounced such by the highest legal as well as spiritual authority. The competency of any human tribunal to dissolve its sacred obligations may well be doubted. The justice or policy, under any circumstances, of weakening the matrimonial institution, upon the purity of which depends the very fabric of society itself, may be boldly denied. Divorces are not merely the effect of corruption of manners; they are the cause also. They hold out temptations to crime which human infirmity cannot at all times resist. They hold out incentives to that adultery which they are called in to remedy. Extreme cases may indeed be put, but they are rare; both parties are generally in fault. Shall a very few individuals, who present themselves in a questionable shape, be debarred from contracting a second marriage, or shall the foundations of society be loosened for their special accommodation? Shall the heaviest public injury be encountered for the convenience of those, who, for the most part, have shown how little reliance is to be placed upon their virtue or discretion? Shall incentives to nuptial infidelity be presented to the great body of society for the personal gratification of a few unfortunate members, diffusing dissatisfaction and discontent, where, but for the deceitful hope of divorce, they had never been known?

The frequency of divorces may be taken as an unerring criterion of the depravity of morals. A respectable authority has declared, that "from the Reformation to the commencement of the eighteenth century, there had occurred only four instances of Parliamentary divorce; but, in the present reign, they had increased to the enormous number of one hundred and ninety-three." It is notorious that the crime which is made the groundwork of the divorce, is frequently committed with the most "deliberate and unblushing indifference," for the purpose of enabling the adulterer and adultress thereafter to intermarry. Your committee will not attempt to pursue the subject further. It is calculated to inspire the most solemn reflections. They are opposed to divorce upon principle, as tending to excite family discord; as bearing hard upon the weaker sex, whom it is especially incumbent upon us to protect and to cherish; above all, as weakening the matrimonial tie, upon the sanctity of which depend "all the charities of father, son, and brother." The committee will not enter into the question how far it may be wise or politic to hold forth to the world this District as an asylum for those who wish to obtain absolution from the marriage vow. They will content themselves with submitting the following resolution:

Resolved, That the prayer of the petitioners ought not to be granted.

Referred to a Committee of the Whole on Monday next.

WEDNESDAY, March 4.

Constitution of Orleans.

The following message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United States_:

At the request of the convention assembled in the Territory of Orleans on the 22d day of November last, I transmit to Congress the proceedings of that body in pursuance of the act, entitled "An act to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of the said State into the Union on an equal footing with the original States, and for other purposes."

JAMES MADISON.

MARCH 3, 1812.

The Message and accompanying documents having been read, a proposition was made to refer them to a select committee; but, before it was decided, the House adjourned.

MONDAY, March 9.

British Intrigues.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United States_:

I lay before Congress copies of certain documents which remain in the Department of State. They prove that at a recent period, whilst the United States, notwithstanding the wrongs sustained by them, ceased not to observe the laws of peace and neutrality towards Great Britain, and in the midst of amicable professions and negotiations on the part of the British Government, through its public Ministers here, a secret agent of that Government was employed in certain States, more especially at the seat of Government in Massachusetts, in fomenting disaffection to the constituted authorities of the nation; and in intrigues with the disaffected for the purpose of bringing about resistance to the laws; and eventually, in concert with a British force, of destroying the Union and forming the Eastern part thereof into a political connection with Great Britain.

In addition to the effect which the discovery of such a procedure ought to have on the Public Councils, it will not fail to render more dear to the hearts of all good citizens that happy Union of these States, which, under Divine Providence, is the guarantee of their liberties, their safety, their tranquillity, and their prosperity.

JAMES MADISON.

MARCH 9, 1812.

Mr. Henry to Mr. Monroe.

PHILADELPHIA, February 20, 1812.

SIR: Much observation and experience have convinced me, that the injuries and insults with which the United States have been so long and so frequently visited, and which cause their present embarrassment, have been owing to an opinion entertained by foreign States, "that in any measure tending to wound their pride, or provoke their hostility, the Government of this country could never induce a great majority of its citizens to concur."--And as many of the evils which flow from the influence of this opinion on the policy of foreign nations, may be removed by any act that can produce unanimity among all parties in America, I voluntarily tender to you, sir, such means, as I possess, towards promoting so desirable and important an object; which, if accomplished, cannot fail to extinguish, perhaps forever, those expectations abroad, which may protract indefinitely an accommodation of existing differences, and check the progress of industry and prosperity in this rising Empire.

I have the honor to transmit herewith the documents and correspondence relating to an important mission in which I was employed by Sir James Craig, the late Governor General of the British Provinces in North America, in the winter of the year 1809.

The publication of these papers will demonstrate a fact not less valuable than the good already proposed; it will prove that no reliance ought to be placed on the professions of good faith of an Administration, which, by a series of disastrous events, has fallen into such hands as a Castlereagh, a Wellesley, or a Liverpool--I should rather say into the hands of the stupid subalterns, to whom the pleasures and the indolence of those Ministers have consigned it.

In contributing to the good of the United States by an exposition which cannot (I think) fail to solve and melt all division and disunion among its citizens, I flatter myself with the fond expectation that when it is made public in England it will add one great motive to the many that already exist, to induce that nation to withdraw its confidence from men whose political career is a fruitful source of injury and embarrassment in America; of injustice and misery in Ireland; of distress and apprehension in England; and contempt every where. In making this communication to you, sir, I deem it incumbent on me distinctly and unequivocally to state that I adopt no party views; that I have not changed any of my political opinions; that I neither seek nor desire the patronage nor countenance of any Government nor of any party; and that, in addition to the motives already expressed, I am influenced by a just resentment of the perfidy and dishonor of those who first violated the conditions upon which I received their confidence; who have injured me and disappointed the expectations of my friends, and left me no choice but between a degrading acquiescence in injustice, and a retaliation which is necessary to secure to me my own respect.

This wound will be felt where it is merited; and if Sir James Craig still live, his share of the pain will excite no sympathy among those who are at all in the secret of our connection.

I have the honor to be, sir, your most obedient servant, &c.

J. HENRY.

To Hon. JAMES MONROE. Secretary of State, &c.

No. 1.

Mr. Ryland, Secretary to Sir James Craig, late Governor General of the British Provinces in North America, to Mr. Henry.

_Application to undertake the Mission to the United States._

[Most secret and confidential.]

QUEBEC, January 26, 1809.

MY DEAR SIR: The extraordinary state of things at this time in the neighboring States has suggested to the Governor-in-Chief the idea of employing you on a secret and confidential mission to Boston, provided an arrangement can be made to meet the important end in view, without throwing an absolute obstacle in the way of your professional pursuits. The information and political observations heretofore received from you were transmitted by his Excellency to the Secretary of State, who has expressed his particular approbation of them; and there is no doubt that your able execution of such a mission as I have suggested, would give you a claim, not only on the Governor General, but on His Majesty's Ministers, which might eventually contribute to your advantage. You will have the goodness, therefore, to acquaint me, for his Excellency's information, whether you could make it convenient to engage in a mission of this nature, and what pecuniary assistance would be requisite to enable you to undertake it, without injury to yourself.

At present, it is only necessary for me to add, that the Governor will furnish you with a cipher for carrying on your correspondence; and that, in case the leading party in any of the States wished to open a communication with this Government, their views might be communicated through you.

I am, with great truth and regard, my dear sir, your most faithful, humble servant,

HERMAN W. RYLAND.

JOHN HENRY, Esq.

No. 2.

General Instructions from Sir J. H. Craig to Mr. Henry, respecting his Secret Mission.

_His Excellency the Governor-in-Chief's Instructions to Mr. Henry, of February, 1809._

[Most secret and confidential.]

QUEBEC, February 6, 1809.

SIR: As you have so readily undertaken the service which I have suggested to you, as being likely to be attended with much benefit to the public interests, I am to request, that, with your earliest convenience, you will proceed to Boston.

The principal object that I recommend to your attention, is, the endeavor to obtain the most accurate information of the true state of affairs in that part of the Union, which, from its wealth, the number of its inhabitants, and the known intelligence and ability of several of its leading men, must naturally possess a very considerable influence over, and will indeed probably lead the other Eastern States of America in the part that they may take at this important crisis.

I shall not pretend to point out to you the mode by which you will be most likely to obtain this important information; your own judgment, and the connections which you may have in the town, must be your guide. I think it, however, necessary to put you on your guard against the sanguineness of an aspiring party. The Federalists, as I understand, have at all times discovered a leaning to this disposition; and their being under its particular influence, at this moment, is the more to be expected, from their having no ill-founded ground for their hopes of being nearer the attainment of their object than they have been for some years past.

In the general terms which I have made use of in describing the object which I recommend to your attention, it is scarcely necessary that I should observe, I include the state of the public opinion, both with regard to their internal politics, and to the probability of a war with England; the comparative strength of the two great parties into which the country is divided, and the views and designs of that which may ultimately prevail.

It has been supposed, that, if the Federalists of the Eastern States should be successful in obtaining that decided influence which may enable them to direct the public opinion, it is not improbable that, rather than submit to a continuance of the difficulties and distress to which they are now subject, they will exert that influence to bring about a separation from the general Union. The earliest information on this subject may be of great consequence to our Government, as it may also be, that it should be informed how far, in such an event, they would look up to England for assistance, or be disposed to enter into a connection with us.

Although it would be highly inexpedient that you should in any manner appear as an avowed agent, yet, if you could contrive to obtain an intimacy with any of the leading party, it may not be improper that you should insinuate, (though with great caution,) that, if they should wish to enter into any communication with our Government, through me, you are authorized to receive any such, and will safely transmit it to me. And as it may not be impossible that they should require some document, by which they may be assured that you are really in the situation in which you represent yourself, I enclose a credential to be produced in that view. But, I most particularly enjoin and direct that you do not make any use of this paper, unless a desire to that purpose should be expressed, and unless you see good ground for expecting that the doing so may lead to a more confidential communication than you can otherwise look for.

In passing through the State of Vermont, you will of course exert your endeavors to procure all the information that the short stay you will probably make there will admit of. You will use your own discretion as to delaying your journey with this view, more or less, in proportion to your prospects of obtaining any information of consequence.

I request to hear from you as frequently as possible; and as letters directed to me might excite suspicion, it may be as well that you put them under cover to Mr. ----; and as even the addressing letters always to the same person might attract notice, I recommend your sometimes addressing your packet to the Chief Justice here, or occasionally, though seldom, to Mr. Ryland, but never with the addition of his official description.

I am, sir, your most obedient humble servant,

J. H. CRAIG.

JOHN HENRY, Esq.

Copy of the "Credential" given by Sir James Craig to Mr. Henry.

The bearer, Mr. John Henry, is employed by me, and full confidence may be placed in him for any communication which any person may wish to make to me in the business committed to him. In faith of which I have given him this under my hand and seal at Quebec, the 6th day of February, 1809.

[Copies of the letters from Mr. Henry to Sir James Craig, relative to his mission to the United States, in the year 1809.]

No. 1.

_Answer to the letter of Mr. Secretary Ryland, proposing the mission, &c._

MONTREAL, Jan. 31, 1809.

SIR: I have to acknowledge the favor of your letter of the 26th instant, written by the desire of his Excellency, the Governor-in-Chief, and hasten to express, through you, to his Excellency, my readiness to comply with his wishes.

I need not add how very flattering it is to receive from His Excellency the assurance of the approbation of His Majesty's Secretary of State, for the very humble services that I may have rendered.

If the nature of the service in which I am to be engaged will require no other disbursements than for my individual expenses, I do not apprehend that these can exceed my private resources.

I shall be ready to take my departure before my instructions can be made out.

I have the honor to be your most obedient servant,

J. H.

H. W. RYLAND, Esq., Secretary, &c.

No. 2.

_To His Excellency the Governor General, &c., in answer to his letter of instructions, &c._

MONTREAL, Feb. 10, 1809.

SIR: I have the honor to acknowledge the receipt of your Excellency's letter of instructions, the letter of credence, and the cipher for carrying on my correspondence. I have bestowed much pains upon the cipher, and am, notwithstanding this, deficient in some points which might enable me to understand it clearly. I have compared the example with my own exemplification of the cipher, and find a difference in the results; and as the present moment seems favorable to the interference of His Majesty's Government in the measures pursued by the Federal party in the Northern States, and more especially as the Assembly of Massachusetts is now in session, I think it better to set forward immediately, than wait for any further explanation of the means of carrying on a secret correspondence, which the frequency of safe private conveyances to Canada will render almost wholly unnecessary. Should it, however, be necessary at any time, I take leave to suggest that the index alone furnishes a very safe and simple mode. In it there is a number for every letter in the alphabet, and particular numbers for particular phrases; so that when I do not find in the index the particular word I want, I can spell it with the figures which stand opposite to the letters. For example, if I want to say that "troops are at Albany," I find under the letter T, that No. 16 stands for "troops," and number 125 for "Albany;" the intervening words "are at" I supply by figures corresponding with the letters in these words.

It will be necessary to provide against accident by addressing the letters to Mr. ----, of Montreal, with a small mark on the corner of the envelope, which he will understand. When he receives it he will then address the enclosure to your Excellency, and send it from Montreal by mail. I will be careful not to address your Excellency in the body of the letter, nor sign my name to any of them. They will be merely designated by the initials A. B.

If this mode should, in any respect, appear exceptionable, your Excellency will have the goodness to order a more particular explanation of the card. It would reach me in safety enclosed to ----, Boston.

I have the honor to be, with profound respect, your Excellency's most obedient servant, &c.

J. H.

No. 3.

BURLINGTON, (Vt.,) Feb. 14, 1809.

SIR: I have remained here two days in order fully to ascertain the progress of the arrangements heretofore made for organizing an efficient opposition to the General Government, as well as to become acquainted with the opinions of the leading people relative to the measures of that party which has the ascendant in the National Councils.

On the subject of the embargo laws there seems to be but one opinion; namely, that they are unnecessary, oppressive, and unconstitutional. It must also be observed, that the execution of them is so invidious as to attract toward the officers of Government the enmity of the people, which is of course transferable to the Government itself; so that, in case the State of Massachusetts should take any bold step toward resisting the execution of these laws, it is highly probable that it may calculate upon the hearty co-operation of the people of Vermont.

I learn that the Governor of this State is now visiting the towns in the northern section of it, and makes no secret of his determination, as Commander-in-Chief of the militia, to refuse obedience to any command from the General Government which can tend to interrupt the good understanding that prevails between the citizens of Vermont and His Majesty's subjects in Canada. It is further intimated that, in case of a war, he will use his influence to preserve this State neutral, and resist, with all the force he can command, any attempt to make it a party. I need not add that, if these resolutions are carried into effect, the State of Vermont may be considered as an ally of Great Britain.

To what extent the sentiments which prevail in this quarter exist in the neighboring States, or even in the eastern section of this State, I am not able to conjecture. I only say with certainty, that the leading men of the Federal party act in concert; and therefore infer that a common sentiment pervades the whole body throughout New England.

I have seen a letter from a gentleman now in Washington to his correspondent in this place; and, as its contents may serve to throw some light on passing events there, I shall send either the original, or a copy, with this despatch. The writer of the letter is a man of character and veracity; and, whether competent or not to form correct opinions himself, is probably within the reach of all the knowledge that can be obtained by the party to which he belongs.

It appears by his statement that there is a very formidable majority in Congress on the side of the Administration; notwithstanding which, there is every reason to hope, that the Northern States, in their distinct capacity, will unite, and resist, by force, a war with Great Britain. In what mode this resistance will first show itself is probably not yet determined upon; and may, in some measure, depend upon the reliance that the leading men may place upon assurances of support from His Majesty's representatives in Canada; and as I shall be on the spot to tender this whenever the moment arrives that it can be done with effect, there is no doubt that all their measures may be made subordinate to the intentions of His Majesty's Government. Great pains are taken by the men of talents and intelligence to confirm the fears of the common people, as to the concurrence of the Southern Democrats in the projects of France; and every thing tends to encourage the belief, that the dissolution of the Confederacy will be accelerated by the spirit which now actuates both political parties. I am, &c.

A. B.

No. 4.

WINDSOR, (Vt.,) Feb. 19, 1809.

SIR: My last (No. 3) was written at Burlington, the principal town in the northern part of the State of Vermont. I am now at the principal town in the eastern section.

The fallacy of men's opinions, when they act under the influence of sensibility, and are strongly excited by those hopes which always animate a rising party, led me to doubt the correctness of the opinions which I received in the northern section of this State; which from its contiguity to Canada and necessary intercourse with Montreal, has a stronger interest in promoting a good understanding with His Majesty's Government. Therefore, since my departure from Burlington, I have sought every favorable occasion of conversing with the Democrats on the probable result of the policy adopted by the General Government. The difference of opinion is thus expressed. The Federal party declare that, in the event of a war, the State of Vermont will treat separately for itself with Great Britain; and support to the utmost the stipulations into which it may enter, without any regard to the policy of the General Government. The Democrats, on the other hand, assert, that in such a case as that contemplated, the people would be nearly divided into equal numbers; one of which would support the Government, if it could be done without involving the people in a civil war, but, at all events, would risk every thing in preference to a coalition with Great Britain. This difference of opinion is not to be wholly ascribed to the prejudices of party. The people in the eastern section of Vermont are not operated upon by the same hopes and fears as those on the borders of the British colony. They are not dependent on Montreal for the sale of their produce nor the supply of foreign commodities. They are not apprehensive of any serious dangers or inconvenience from a state of war; and although they admit that the Governor, Council, and three-fourths of the representation in Congress are of the Federal party, yet they do not believe that the State would stand alone and resist the National Government. They do not, however, deny that, should the State of Vermont continue to be represented as it is at present, it would in all probability unite with the neighboring States in any serious plan of resistance to a war which it might seem expedient to adopt. This, I think, is the safer opinion for you to rely on; if, indeed, reliance ought to be placed on any measure depending upon the will of the rabble, which is ever changing, and must ever be marked with ignorance, caprice, and inconsistency. As the crisis approaches, the difficulty of deciding upon a hazardous alternative will increase; and, unfortunately, there is not in Vermont any man of commanding talents capable of attracting general confidence, of infusing into the people his own spirit; and, amidst the confusion of conflicting opinions, dangers, and commotion, competent to lead in the path of duty or safety. The Governor is an industrious, prudent man, and has more personal influence than any other; but his abilities are not suited to the situation in which a civil war would place him. I am, &c.

A. B.

No. 5.

AMHERST, (N. H.,) Feb. 23, 1809.

SIR: A gentleman going direct to Canada affords a safe and favorable opportunity of giving you some further account of my progress.

I will not make use of the post offices when I can avoid it, because private occasions supersede the necessity of writing in cipher; and the contempt of decency and principles, which forms part of the morals of the subaltern officers of a democracy, would incline them to break a seal with the same indifference that they break their words, when either curiosity or interest is to be indulged.

I have not had sufficient time nor evidence to enable me to form any opinion for myself, of the lengths to which the Federal party will carry their opposition to the National Government in the event of a war; which may be inferred from the result of the election of Governors which, within two months, will be made in the States of Massachusetts, New Hampshire, and Rhode Island. From all I know, and all I can learn of the General Government, I am not apprehensive of an immediate war. The embargo is the favorite measure; and it is probable that other means will be employed to excite England to commit some act of hostility, for the sole purpose of placing the responsibility of war on that country. This I most particularly recommend to the consideration of ministers. The dread of opposition, and of the loss of popularity, will certainly keep the ruling party at Washington inactive. They will risk any thing but the loss of power; and they are well aware, that their power would pass away with the first calamity which their measures might bring upon the common people, from whom that power emanates, unless, indeed, they could find a sufficient excuse in the conduct of Great Britain. This impression cannot be too deeply felt by His Majesty's Ministers; nor too widely spread throughout the British nation. It will furnish a sure guide in every policy that may be adopted toward the United States.

I have the honor to be, &c.

A. B.

No. 6.

BOSTON, March 5, 1809.

SIR: I am favored with another opportunity of writing to you by a private conveyance; and think it probable, at this season, that the frequency of these will render it unnecessary to write to you in cipher.

It does not yet appear necessary that I should discover to any person the purpose of my visit to Boston; nor is it probable that I shall be compelled, for the sake of gaining more knowledge of the arrangements of the Federal party in these States, to avow myself as a regular authorized agent of the British Government, even to those individuals who would feel equally bound with myself to preserve, with the utmost inscrutability, so important a secret from the public eye. I have sufficient means of information to enable me to judge of the proper period for offering the co-operation of Great Britain, and opening a correspondence between the Governor General of British America, and those individuals who, from the part they take in the opposition to the National Government, or the influence they may possess in any new order of things that may grow out of the present differences, should be qualified to act on behalf of the Northern States. An apprehension of any such state of things as is pre-supposed by these remarks, begins to subside, since it has appeared, by the conduct of the General Government, that it is seriously alarmed at the menacing attitude of the Northern States. But, although it is believed that there is no probability of an immediate war, yet no doubts are entertained that Mr. Madison will fall upon some new expedients to bring about hostilities. What these may be, can only be deduced from what appears to be practicable. A non-intercourse with England and France will probably supersede the embargo; which, by opening with the rest of Europe a partial, legitimate commerce, and offering strong temptations to that which is illegal, will expose the vessels to capture, detention, and embarrassment; will justify the present policy, and produce such a degree of irritation and resentment as will enable the Government of this country to throw the whole blame and responsibility of war from its own shoulders upon those of the British Ministry. If, in this, the party attached to France should calculate with correctness, and the commerce of New England should greatly suffer, the merchants, being injured and discouraged, would not only acquiesce in the restrictive system, but even submit to war. On the other hand, should the small traffic, permitted by a non-intercourse law, be lucrative and uninterrupted, the people would be clamorous for more, and soon compel the Government to restore the friendly relations between the two countries.

While I offer my opinion upon this subject, I cannot but express a strong hope that, if any terms should be proposed by either Government, to which the other might think proper to accede, that a principal motive to the adjustment of differences should be understood to arise from the amicable disposition of the Eastern States, particularly of the State of Massachusetts. This, as it would increase the popularity of the friends of Great Britain, could not fail to promote her interests. If it could not be done formally and officially, nor in a correspondence between Ministers, still, perhaps, the administration in the Parliament of Great Britain might take that ground, and the suggestion would find its way into the papers both in England and America.

It cannot be too frequently repeated, that this country can only be governed and directed by the influence of opinion, as there is nothing permanent in its political institutions; nor are the populace, under any circumstances, to be relied on, when measures become inconvenient and burdensome. I will soon write again, and am yours, &c.

A. B.

(In cipher.) No. 7.

BOSTON, March 7, 1809.

SIR: I have now ascertained, with as much accuracy as possible, the course intended to be pursued by the party in Massachusetts that is opposed to the measures and politics of the Administration of the General Government.

I have already given a decided opinion that a declaration of war is not to be expected; but, contrary to all reasonable calculation, should the Congress possess spirit and independence enough to place their popularity in jeopardy by so strong a measure, the Legislature of Massachusetts will give the tone to the neighboring States, will declare itself permanent until a new election of members, invite a Congress, to be composed of delegates from the Federal States, and erect a separate government for their common defence and common interest. This Congress would probably begin by abrogating the offensive laws, and adopting a plan for the maintenance of the power and authority thus assumed. They would, by such an act, be in a condition to make or receive proposals from Great Britain; and I should seize the first moment to open a correspondence with your Excellency. Scarcely any other aid would be necessary, and perhaps none required, than a few vessels of war from the Halifax station, to protect the maritime towns from the little navy which is at the disposal of the National Government. What permanent connection between Great Britain and this section of the Republic would grow out of a civil commotion, such as might be expected, no person is prepared to describe; but it seems that a strict alliance must result of necessity. At present the opposition party confine their calculations merely to resistance; and I can assure you that, at this moment, they do not freely entertain the project of withdrawing the Eastern States from the Union, finding it a very unpopular topic; although a course of events, such as I have already mentioned, would inevitably produce an incurable alienation of the New England from the Southern States.

The truth is, the common people have so long regarded the Constitution of the United States with complacency, that they are now only disposed in this quarter to treat it like a truant mistress, whom they would, for a time, put away on a separate maintenance, but, without further and greater provocation, would not absolutely repudiate.

It will soon be known in what situation public affairs are to remain until the meeting of the New Congress in May, at which time, also, this Legislature will again assemble. The two months that intervene will be a period of much anxiety.

In all I have written I have been careful not to make any impression analogous to the enthusiastic confidence entertained by the opposition, nor to the hopes and expectations that animate the friends of an alliance between the Northern States and Great Britain.

I have abstracted myself from all the sympathies these are calculated to inspire; because, notwithstanding that I feel the utmost confidence in the integrity of intention of the leading characters in this political drama, I cannot forget that they derive their power from a giddy, inconstant multitude; who, unless in the instance under consideration they form an exception to all general rules and experience, will act inconsistently and absurdly. I am yours, &c.

A. B.

No. 8.

BOSTON, March 9, 1809.

SIR: In my letter No. 6, I took the liberty to express my opinion of the probable effect of the non-intercourse law, intended to be enacted; and of the mode by which Great Britain may defeat the real intention of the American Government in passing it. But as this sort of impunity recommended might, in its application to every species of commerce that would be carried on, be deemed by Great Britain a greater evil than war itself, a middle course might easily be adopted, which would deprive France of the benefits resulting from an intercourse with America, without, in any great degree, irritating the maritime States.

The high price of all American produce in France furnishes a temptation which mercantile avarice will be unable to resist. The consequence is obvious. But if, instead of condemning the vessels and cargoes which may be arrested in pursuing this prohibited commerce, they should be compelled to go into a British port, and there permitted to sell them, I think the friends of England in these States would not utter a complaint. Indeed, I have no doubt that if, in the prosecution of a lawful voyage, the British cruisers should treat the American ships in this manner, their owners would, in the present state of the European markets, think themselves very fortunate, as it would save them the trouble and expense of landing them in a neutral port, and from thence reshipping them to England, now the best market in Europe for the produce of this country. The Government of the United States would probably complain, and Bonaparte become peremptory; but even that would only tend to render the opposition in the Northern States more resolute, and accelerate the dissolution of the confederacy. The generosity and justice of Great Britain would be extolled; and the commercial States exult in the success of individuals over a Government inimical to commerce, and to whose measures they can no longer submit with patient acquiescence. The elections are begun; and I presume no vigilance or industry will be remitted to insure the success of the Federal party. I am, &c.

A. B.

P. S. Intelligence has reached Boston that a non-intercourse law has actually passed, and that Martinique has surrendered to British forces.

No. 9.

BOSTON, March 13, 1809.

SIR: You will perceive, from the accounts that will reach you in the public papers, both from Washington and Massachusetts, that the Federalists of the Northern States have succeeded in making the Congress believe that, with such an opposition as they would make to the General Government, a war must be confined to their own territory, and might be even too much for that Government to sustain. The consequence is, that, after all the parade and menaces with which the session commenced, it has been suffered to end without carrying into effect any of the plans of the Administration, except the interdiction of commercial intercourse with England and France, an event that was anticipated in my former letters.

Under what new circumstances the Congress will meet in May, will depend on the State elections and the changes that may in the mean time take place in Europe. With regard to Great Britain, she can scarcely mistake her true policy in relation to America. If peace be the first object, every act which can irritate the maritime States ought to be avoided, because the prevailing disposition of these will generally be sufficient to keep the Government from hazarding any hostile measures. If a war between America and France be the grand desideratum, something more must be done; an indulgent and conciliatory policy must be adopted, which will leave the Democrats without a pretext for hostilities; and Bonaparte, whose passions are too hot for delay, will probably compel this Government to decide which of the two great belligerents is to be its enemy. To bring about a separation of the States, under distinct and independent governments, is an affair of more uncertainty, and, however desirable, cannot be effected but by a series of acts and a long-continued policy tending to irritate the Southern and conciliate the Northern people. The former are agricultural, the latter a commercial people. The mode of cherishing and depressing either is too obvious to require illustration. This, I am aware, is an object of much interest in Great Britain, as it would forever secure the integrity of His Majesty's possessions on this continent, and make the two Governments, or whatever number the present confederacy might form into, as useful and as much subject to the influence of Great Britain as her Colonies can be rendered. But it is an object only to be attained by slow and circumspect progression, and requires, for its consummation, more attention to the affairs which agitate and excite parties in this country than Great Britain has yet bestowed upon it.

An unpopular war, that is, a war produced by the hatred and prejudice of one party, but against the consent of the other party, can alone produce a sudden separation of any section of this country from the common head.

At all events, it cannot be necessary to the preservation of peace that Great Britain should make any great concession at the present moment, more especially, as the more important changes that occur in Europe might render it inconvenient for her to adhere to any stipulations in favor of neutral maritime nations.

Although the non-intercourse law affords but a very partial relief to the people of this country from the evils of that entire suspension of commerce to which they have reluctantly submitted for some time past, I lament the repeal of the embargo, because it was calculated to accelerate the progress of these States towards a revolution that would have put an end to the only Republic that remains to prove that a Government founded on political equality can exist in a season of trial and difficulty, or is calculated to insure either security or happiness to a people. I am, &c.

A. B.

No. 10.

BOSTON, March 29, 1809.

SIR: Since my letter of the 13th, nothing has occurred which I thought worthy of a communication.

The last weeks of this month, and the first of April, will be occupied in the election of Governors and other executive officers in the New England States.

The Federal candidate in New Hampshire is already elected by a majority of about one thousand votes. His competitor was a man of large fortune, extensive connections, and inoffensive manners. These account for the smallness of the majority.

In Connecticut no change is necessary, and none is to be apprehended.

In Rhode Island it is of no consequence of what party the Governor is a member, as he has neither civil nor military power, being merely President of the Council.

In Massachusetts it is certain that the Federal candidate will succeed.

A few weeks will be sufficient in order to determine the relative strength of parties, and convince Mr. Madison that a war with Great Britain is not a measure upon which he dare venture. Since the plan of an organized opposition to the projects of Mr. Jefferson was put into operation, the whole of the New England States have transferred their political power to his political enemies; and the reason that he has still so many adherents is, that those who consider the only true policy of America to consist in the cultivation of peace, have still great confidence that nothing can force him (or his successor, who acts up to his system, or rather is governed by it) to consent to war. They consider all the menaces and "dreadful note of preparation" to be a mere finesse, intended only to obtain concessions from England on cheap terms. From every sort of evidence, I confess I am myself of the same opinion, and am fully persuaded that this farce, which has been acting at Washington, will terminate in a full proof of imbecility and spiritless temper of the actors. A war attempted without the concurrence of both parties, and the general consent of the Northern States, which constitute the bone and muscle of the country, must commence without hope, and end in disgrace. It should, therefore, be the peculiar care of Great Britain to foster divisions between the North and South, and, by succeeding in this, she may carry into effect her own projects in Europe, with a total disregard of the resentments of the Democrats of this country. I am, &c.

A. B.

No. 11.

BOSTON, April 13, 1809.

SIR: I send to Mr. R---- a pamphlet entitled "Suppressed Documents." The notes and comments were written by the gentleman who has written the analysis which I sent by a former conveyance. These works have greatly contributed to excite the fears of the men of talents and property, who now prefer the chance of maintaining their party by open resistance and a final separation, to an alliance with France and a war with England; so that, should the Government unexpectedly, and contrary to all reasonable calculation, attempt to involve the country in a measure of that nature, I am convinced (now that the elections have all terminated favorably) that none of the New England States would be a party in it. But, as I have repeatedly written, the General Government does not seriously entertain any such desire or intention. Had the majority in the New England States continued to approve of the public measures, it is extremely probable that Great Britain would now have to choose between war and concession. But the aspect of things in this respect is changed, and a war would produce an incurable alienation of the Eastern States, and bring the whole country in subordination to the interests of England, whose navy would prescribe and enforce the terms upon which the commercial States should carry, and the agricultural States export, their surplus produce. All this is as well known to the Democrats as to the other party; therefore, they will avoid a war, at least until the whole nation is unanimous for it. Still, when we consider of what materials the Government is formed, it is impossible to speak with any certainty of their measures. The past Administration, in every transaction, presents to the mind only a muddy commixture of folly, weakness, and duplicity. The spell by which the nations of Europe have been rendered inert and inefficient, when they attempted to shake it off, has stretched its shadows across the Atlantic, and made a majority of the people of these States alike blind to duty and to their true interests. I am, &c.

A. B.

No. 12.

BOSTON, April 26, 1809.

SIR: Since my letter No. 11, I have had but little to communicate.

I have not yet been able to ascertain, with sufficient accuracy, the relative strength of the two parties in the legislative bodies in New England.

In all these States, however, Governors have been elected out of the Federal party, and even the Southern papers indicate an unexpected augmentation of Federal members in the next Congress.

The correspondence between Mr. Erskine and the Secretary of State at Washington you will have seen before this can reach you. It has given much satisfaction to the Federal party here, because it promises an exemption from the evil most feared, (a war with England,) and justifies their partiality towards Great Britain, which they maintain was founded upon a full conviction of her justice, and sincere disposition to preserve peace. Even the Democrats affect to be satisfied with it; because, as they insist, it proves the efficacy of the restrictive system of Mr. Jefferson.

But the great benefit that will probably result from it will be, that Bonaparte may be induced to force this country from her neutral position. Baffled in his attempts to exclude from the continent the manufactures of Great Britain, he will most likely confiscate all American property in his dominions and dependencies, and declare war. Nothing could more than this contribute to give influence and stability to the British party. The invidious occurrences of the rebellion would be forgotten in the resentment of the people against France, and they would soon be weaned from that attachment to her which is founded on the aid that was rendered to separate from the mother country. While Great Britain waits for this natural, I might say necessary, result of the negotiation, would it not be extremely inexpedient to conclude a treaty with the American Government? Every sort of evidence and experience prove that the Democrats consider their political ascendency in a great measure dependent on the hostile spirit that they can keep alive towards Great Britain, and recent events demonstrate that their conduct will be predicated upon that conviction; it is, therefore, not to be expected that they will meet, with corresponding feelings, a sincere disposition on the part of England to adjust all matters in dispute. They are at heart mortified and disappointed to find that Great Britain has been in advance of the French Government, in taking advantage of the provisional clauses of the non-intercourse law; and if they show any spirit at the next session of Congress towards France, it will be only because they will find Bonaparte deaf to entreaty and insensible of past favors; or that they may think it safer to float with the tide of public feeling, which will set strongly against him unless he keep pari passu with England in a conciliatory policy. I am, &c.

A. B.

No. 13.

BOSTON, May 5, 1809.

SIR: Although the recent changes that have occurred quiet all apprehension of war, and, consequently, lessen all hope of a separation of the States, I think it necessary to transmit by the mail of each week a sketch of passing events.

On local politics I have nothing to add; and as the parade that is made in the National Intelligencer of the sincere disposition of Mr. Madison to preserve amicable relations with Great Britain is, in my opinion, calculated to awaken vigilance and distrust, rather than inspire confidence, I shall (having nothing more important to write about) take leave to examine his motives.

I am not surprised at his conditional removal of the non-intercourse law, with respect to Great Britain, because it was made incumbent on him by the act of Congress; but the observations made on his friendly disposition towards Great Britain is a matter of no little astonishment. The whole tenor of his political life directly and unequivocally contradicts them. His speech on the British Treaty in 1796; his attempt to pass a law for the confiscation of "British debts" and British property; his commercial resolutions, grounded apparently on an idea of making America useful as a colony to France; his conduct while Secretary of State; all form an assemblage of probabilities tending to convince me, at least, that he does not seriously desire a treaty in which the rights and pretensions of Great Britain would be fairly recognized. It seems impossible that he should at once divest himself of his habitual animosity, and that pride of opinion which his present situation enables him to indulge; but, above all, that he should deprive his friends and supporters of the benefit of those prejudices which have been carefully fostered in the minds of the common people towards England, and which have so materially contributed to invigorate and augment the Democratic party. Whatever his real motives may be, it is, in this stage of the affair, harmless enough to inquire into the cause of the apparent change. He probably acts under a conviction that, in the present temper of the Eastern States, a war could not fail to produce a dissolution of the Union; or he may have profited by the mistakes of his predecessor, and is inclined to seize the present opportunity to prove to the world that he is determined to be the President of a nation, rather than the head of a faction; or he has probably gone thus far to remove the impression on the minds of many that he was under the influence of France, in order that he may, with a better grace, and on more tenable grounds, quarrel with Great Britain in the progress of negotiating a treaty. Whatever his motives may be, I am very certain his party will not support him in any manly and generous policy. Weak men are sure to temporize when great events call upon them for decision, and are sluggish and inert at the moment when the worst of evils is in action. This is the character of the Democrats in the Northern States. Of those of the South I know but little. I am, &c.

A. B.

No. 14.

BOSTON, May 25, 1809.

SIR: My last was under date of the 5th instant. The unexpected change that has taken place in the feelings of political men in this country, in consequence of Mr. Madison's prompt acceptance of the friendly proposals of Great Britain, has caused a temporary suspension of the conflict of parties; and they both regard him with equal wonder and distrust. They all ascribe his conduct to various motives, but none believe him to be in earnest.

The State of New York has returned to the Assembly a majority of Federal members. All this proves that an anti-commercial faction cannot rule the Northern States. Two months ago the State of New York was not ranked among the States that would adopt the policy of that of Massachusetts; and any favorable change was extremely problematical.

I beg leave to suggest that, in the present state of things in this country, my presence can contribute very little to the interests of Great Britain. If Mr. Erskine be sanctioned in all he has conceded, by His Majesty's ministers, it is unnecessary for me, as indeed it would be unavailing, to make any attempt to carry into effect the original purposes of my mission. While I think it to be my duty to give this intimation to you, I beg it may be understood that I consider myself entirely at the disposal of His Majesty's Government. I am, &c.

A. B.

No. 15.

MONTREAL, June 12, 1809.

SIR: I have the honor to inform your Excellency that I received, through Mr. Secretary Ryland, your Excellency's commands to return to Canada; and after the delay incident to this season of the year, in a journey from Boston, arrived here yesterday.

Your Excellency will have seen, by the papers of the latest dates from the United States, that a formidable opposition is already organized in Congress to the late measures of Mr. Madison; and it is very evident that if he be sincere in his professions of attachment to Great Britain, his party will abandon him. Sixty-one members have already voted against a resolution to approve of what he has done; and I have no doubt the rest of the Democratic party will follow the example as soon as they recover from the astonishment into which his apparent defection has thrown them.

The present hopes of the Federalists are founded on the probability of a war with France; but, at all events, this party is strong and well organized enough to prevent a war with England.

It would be now superfluous to trouble your Excellency with an account of the nature and extent of the arrangements made by the Federal party to resist any attempt of the Government unfavorable to Great Britain. They were such as do great credit to their ability and principles; and, while a judicious policy is observed by Great Britain, secure her interests in America from decay. My fear of inducing a false security on the part of His Majesty's Government in their efficiency and eventual success, may have inclined me to refrain from doing them that justice in my former letters which I willingly take the present occasion to express.

I trust your Excellency will ascribe the style and manner of my communications, and the frequent ambiguities introduced in them, as arising from the secrecy necessary to be observed, and my consciousness that you understand my meaning, on the most delicate points, without risking a particular explanation.

I lament that no occasion commensurate to my wishes has permitted me to prove how much I value the confidence of your Excellency, and the approbation already expressed by His Majesty's Minister. I have the honor to be, &c.

J. H.

I certify that the foregoing letters are the same referred to in the letter of H. W. Ryland, Esq., dated May 1, 1809, relating to the mission in which I was employed by Sir James Craig, by his letter of instructions, bearing date February 6, 1809.

JOHN HENRY.

Mr. Ryland to Mr. Henry.

QUEBEC, May 1, 1809.

MY DEAR SIR: The news we have received this day from the States will, I imagine, soon bring you back to us; and if you arrive at Montreal by the middle of June, I shall probably have the pleasure of meeting you there, as I am going up with Sir James and a large suite. The last letters received from you are to the 13th April. The whole are now transcribing, for the purpose of being sent home, where they cannot fail of doing you great credit, and I most certainly hope they may eventually contribute to your permanent advantage. It is not necessary to repeat the assurance that no effort within the compass of my power shall be wanting to this end.

I am cruelly out of spirits at the idea of old England truckling to such a debased and accursed Government as that of the United States.

I am greatly obliged to you for the trouble you have taken in procuring the books, though, if Spain fails, I shall scarcely have heart to look into them. I can add no more, but that I am, most heartily and affectionately, yours,

H. W. R.

J. HENRY, Esq., Boston.

Mr. Ryland to Mr. Henry.

MAY 4, 1809.

MY DEAR SIR: You must consider the short letter I wrote to you by the last post as altogether unofficial; but I am now to intimate to you, in a more formal manner, our hope of your speedy return, as the object of your journey seems, for the present at least, to be at an end.

We have London news, by the way of the river, up to the 6th of March, which tallies to a day with what we have received by the way of the States.

Heartily wishing you a safe and speedy journey back to us, I am, my dear sir, most sincerely, yours,

H. W. R.

Have the goodness to bring my books with you, though I shall have little spirit to look into them, unless you bring good news from Spain.

JOHN HENRY, Esq.

Mr. Henry to Mr. Peel.

JUNE 13, 1811.

SIR: I take the liberty to enclose to you a memorial addressed to the Earl of Liverpool, and beg you will have the goodness either to examine the documents in your office, or those in my own possession, touching the extent and legitimacy of my claim.

Mr. Ryland, the Secretary of Sir J. Craig, is now in London, and, from his official knowledge of the transactions and facts alluded to in the memorial, can give any information required on that subject. I have the honor to be, &c.

J. H.

Memorial of Mr. Henry to Lord Liverpool.

The undersigned most respectfully submits the following statement and memorial to the Earl of Liverpool:

Long before and during the administration of your Lordship's predecessor, the undersigned bestowed much personal attention to the state of parties, and to the political measures in the United States of America.

* * * * *

Soon after the affair of the Chesapeake frigate, when His Majesty's Governor General of British America had reason to believe that the two countries would be involved in a war, and had submitted to His Majesty's Ministers the arrangements of the English party in the United States for an efficient resistance to the General Government, which would probably terminate in a separation of the Northern States from the General Confederacy, he applied to the undersigned to undertake a mission to Boston, where the whole concerns of the opposition were managed. The object of the mission was to promote and encourage the Federal party to resist the measures of the General Government, to offer assurances of aid and support from His Majesty's Government of Canada, and to open a communication between the leading men engaged in that opposition and the Governor General, upon such a footing as circumstances might suggest; and, finally, to render the plans then in contemplation subservient to the views of His Majesty's Government.

The undersigned undertook the mission, which lasted from the month of January to the month of June, inclusive, during which period those public acts and legislative resolutions of the Assemblies of Massachusetts and Connecticut were passed which kept the General Government of the United States in check, and deterred it from carrying into execution the measures of hostility with which Great Britain was menaced.

For his services on the occasions herein recited, and the loss of time and expenses incurred, the undersigned neither sought nor received any compensation, but trusted to the known justice and liberality of His Majesty's Government for the reward of services which could not, he humbly conceives, be estimated in pounds, shillings, and pence. On the patronage and support which was promised in the letter of Sir J. Craig, under date of the 26th January, 1809, (wherein he gives an assurance "that the former correspondence and political information transmitted by the undersigned had met with the particular approbation of His Majesty's Secretary of State; and that his execution of the mission, proposed to be undertaken in that letter, would give him a claim not only on the Governor General, but on His Majesty's Ministers,") the undersigned has relied, and now most respectfully claims, in whatever mode the Earl of Liverpool may be pleased to adopt.

The undersigned most respectfully takes this occasion to state that Sir J. Craig promised him an employment in Canada, worth upwards of one thousand pounds a year, by his letter, herewith transmitted, under date of September 13, 1809, which he has just learned has, in consequence of his absence, been given to another person. The undersigned abstains from commenting on this transaction, and most respectfully suggests that the appointment of Judge Advocate General of the province of Lower Canada, with a salary of five hundred pounds a year, or a Consulate in the United States, sine curia, would be considered by him as a liberal discharge of any obligation that His Majesty's Government may entertain in relation to his services.

Mr. Peel, Secretary to Lord Liverpool, to Mr. Henry

DOWNING STREET, June 28, 1811.

SIR: I have not failed to lay before the Earl of Liverpool the memorial, together with several enclosures, which was delivered to me a few days since by General Loft, at your desire.

His Lordship has directed me to acquaint you that he has referred to the correspondence in this office of the year 1809, and finds two letters from Sir James Craig, dated 10th April and 5th May, transmitting the correspondence that has passed during your residence in the Northern States of America, and expressing his confidence in your ability and judgment, but Lord Liverpool has not discovered any wish on the part of Sir James Craig that your claims for compensation should be referred to this country, nor indeed is allusion made to any kind of arrangement or agreement that had been made by that officer with you.

Under these circumstances, and had not Sir James Craig determined on his immediate return to England, it would have been Lord Liverpool's wish to have referred your memorial to him, as being better enabled to appreciate the ability and success with which you executed a mission undertaken at his desire. Lord Liverpool will, however, transmit it to Sir James Craig's successor in the Government, with an assurance that, from the recommendations he has received in your favor, and the opinion he has formed on your correspondence, he is convinced the public service will be benefited by your active employment in a public situation.

Lord Liverpool will also feel himself bound to give the same assurance to the Marquis Wellesley, if there is any probability that it will advance the success of the application which you have made to his Lordship.

I am, sir, your most obedient humble servant,

ROBERT PEEL.

J. HENRY, Esq., No. 27 Leicester Square.

Mr. Ryland to Mr. Henry.

TUESDAY EVENING, July 2, 1811.

MY DEAR HENRY: It gives me real pleasure to find that the apprehension I had formed with respect to the fulfilment of your expectations is likely to prove erroneous. As every thing which passed, relative to your mission, was in writing, I think you will do well by submitting to Mr. Peel all the original papers. I myself could give no other information relative to the subject, than what they contain, as you and I had no opportunity of any verbal communication respecting it till after your mission terminated, and I never wrote you a letter in the Governor's name which had not previously been submitted to his correction.

The impression I had received of your character and abilities made me anxious to serve you even before I had the pleasure of a personal acquaintance with you, and the same desire has operated on me ever since; I am, therefore, entitled to hope that any opinion which I may have given you, as to your best mode of obtaining an employment under Government, will be received with the same candor that gave rise to it. I think you will do well to persevere, as you propose. I have no doubt that every letter from you, which Sir James sent home, will be found in Mr. Peel's office, as the established practice there is to bind the despatches and enclosures yearly up together.

H. W. RYLAND.

JOHN HENRY, Esq., &c.

Mr. Henry to Mr. Peel.

27, LEICESTER SQUARE, LONDON, September 4, 1811.

SIR: I have just learned the ultimate decision of my Lord Wellesley, relative to the appointment which I was desirous to obtain; and find that the subsisting relations between the two countries forbid the creating a new office in the United States, such as I was solicitous to obtain. In this state of things I have not a moment to lose in returning to Canada; and have taken my passage in the last and only ship that sails for Quebec this season. As I have not time to enter (de novo) into explanations with the gentleman who is in your office, and as I have received the assurances from you, in addition to the letter from my Lord Liverpool, of the 27th June, that "his Lordship would recommend me to the Governor of Canada for the first vacant situation that I would accept," I beg the favor of you to advise me how I am to get that recommendation without loss of time. I have the honor to be, &c.

J. HENRY.

ROBERT PEEL, Esq., &c.

Despatch of Lord Liverpool to Sir George Prevost.

DOWNING STREET, Sept. 16, 1811.

SIR: Mr. Henry, who will have the honor of delivering this letter, is the gentleman who addressed to me the memorial, a copy of which I herewith transmit, and to whom the accompanying letter from Mr. Peel was written by my direction.

In compliance with his request, I now fulfil the assurance which I have given of stating to you my opinion of the ability and judgment which Mr. Henry has manifested on the occasions mentioned in his memorial, and of the benefit the public service might derive from his active employment in any public situation in which you should think proper to place him.

I am, sir, your most obedient, humble servant,

LIVERPOOL.

To SIR GEORGE PREVOST, Baronet, &c.

[The following is the report of the Secretary of State, communicated to the Senate by the Message of the 12th March, 1812.]

DEPARTMENT OF STATE, March 12, 1812.

The Secretary of State, to whom was referred the resolution of the Senate of the 10th instant, has the honor to report: That this department is not in possession of any names of persons in the United States who have, in any way or manner whatever, entered into, or countenanced the project or the views for the execution or attainment of which John Henry was, in the year 1809, employed by Sir James Craig; the said John Henry having named no person or persons as being concerned in the said project or views referred to in the documents laid before Congress on the 9th instant. Which is respectfully submitted,

JAMES MONROE.

The Message and documents having been read, Mr. RHEA made a motion to print them.

Mr. PITKIN said that he had no objection to the papers being printed, but that he rose to protest against the sentiments attributed in these papers to the Federal party, being considered as those of the citizens of the State which he had the honor to represent. He trusted it would not be believed that they had any knowledge of any mission of this kind from Canada, or from any other quarter.

It was the first time that he had heard that the opposition to the embargo in the States of Vermont or Massachusetts had any connection with the British Government, or with any project of a separation of the Union in any manner, much less under the agency of a British spy. So far as he could understand the papers from the first reading, Mr. P. said they did not intimate that any disclosure had been made to any individual of the United States by Mr. Henry of the object of his mission, or that his scheme had been advocated or supported by any one. And I trust no gentleman will take the character of the parties in any section of this country, from a man who it seems has proved a traitor to his own Government. So far as the statements made in these papers may be considered as involving the party in concert with the Federal party, in any scheme of co-operation with the British Government in dividing the Union, it is one of the grossest libels that ever was uttered. Nor do I feel willing to take the character of the people of this country from the mouth of this man. He does not stop at debasing the character of the people of this country, but he utters a libel against all parties and against the Government itself. He states that in the extra session of Congress in May, 1809, there were sixty-one votes against Mr. Madison, in consequence of his arrangement with Mr. Erskine; when we all know that the vote on the resolution approving of the President's conduct in that affair was no criterion by which to judge. While, therefore, gentlemen will not, as I presume they will not, place any confidence in the statements made by this man against themselves, and against those whom he styles Democrats, I trust they will be equally incredulous as to any statements he has made against those he has called Federalists, with respect to their co-operation with the British Government in dividing the Union. More especially as they come from one who, disappointed at not receiving the promised reward from his Government, has turned traitor to his employers.

Mr. BIBB said he agreed with the gentleman who just sat down on one point, that a full investigation ought to be had. It was due to the Congress, to our connections with Great Britain, that an inquiry should be made into the transaction now exposed to view; and, in addition to the motion for printing, he should move a reference of the Message to the Committee of Foreign Relations.

Mr. GHOLSON said it was a source of gratification to him, that, so far as the papers communicated by the President could be considered evidence at all, they were certainly highly honorable testimony in favor of the Eastern section of the Union. An emissary of great talents had been employed by the British in a nefarious scheme to dismember the United States, and to engender treason in the very bosom of our country: and yet, Mr. G. said, it does not seem that this spy has been able to connect with himself any citizen of the United States. If he had held correspondence with any persons of distinction, the presumption is their names would have been disclosed in the papers that have been read. Mr. G. was happy in cherishing the belief that the liberties of this country would always find a sufficient guarantee against machinations of this sort, in the patriotism of every portion of the Union. This communication, for which the House was indebted to the President, was highly interesting and important in one point of view. It demonstrated, as matter of fact, what had heretofore remained only speculation and conjecture, that the British Government has long meditated the separation of these States; and what is more, that they have actually attempted the execution of this wicked design, and have endeavored to convert our own citizens into traitors! He would say no more.

Mr. QUINCY said he was much obliged to the gentleman last up for the view which he had taken of the subject. It had struck him previously with much force, and he meant to have taken the floor to have expressed it. If ever there had existed in the British Government, or any other Government, an idea that there was a party in this country who would associate with it to dissolve this Union, he thanked God that the project was exposed. If it was true, as these papers stated, that this man had been so employed, he thanked God that the mission had been detected. The Administration, in bringing the subject before the House, had done worthily, and the subject ought to be inquired into. What is the fact, admitting all that this person has said to be true? Why, that an agent from the British Government, under circumstances peculiarly auspicious and suitable to his purpose, goes to the spot which he represents as the hot-bed of opposition, to stir up disunion, and his papers do not contain an intimation that he dared to mention such an idea as that of a dissolution of the Union to any individual. No, sir; and I dare to say that he never did mention such a thing to any distinguished individual. As far as I know the sentiments of gentlemen in that quarter, they hold this Union dear, and look upon such a connection as is supposed in these papers with as much abhorrence as any man, however attached he may be to the administration of the Government. Whenever a dismemberment of the Union has been talked of, it has been with awe, and with a fear that the present course of public measures would lead to such an event, and not with a view to bring it about. Sir, I know that other ideas have been spread over the country for the purpose of serving party views. But here, in this temple of our liberties, let us reason with one another according to the evidence before us. I rejoice that the subject has been brought forward, and that an agent so peculiarly adapted to the business in which he was employed has not. been able to furnish any evidence of even the connivance of any individual at his mission.

Mr. WRIGHT said that such an extraordinary communication as that just received from the President, reflecting so much on various sections and parties of the Union, required serious consideration before they consented to publish such gross abuse of every portion of our people. Gentlemen should reflect that this very disclosure might be one of the means used by this miscreant to divide this country. If he wished to promote division, how could he better attain his object than by denouncing the people of a particular section? Who is this man, and where is he? is an inquiry that ought to be made. I am not one of those who would, without inquiry, take the words of a spy, traitor, and villain, as truth. It might be well to print a sufficient number for the House, but no more until they knew more about it. However gentlemen in the Eastern States might have been dissatisfied at particular measures, the embargo law for instance, their opposition to them had arisen from their operation on their particular interests, and not that they had any disposition to sever themselves from the Union. This business had been very correctly communicated by the Executive to Congress; but they ought to act on it with temper, prudence, and coolness. Mr. W. protested against considering any such disposition as it attributed to a certain party to exist, particularly in the spot which has been frequently and emphatically styled the cradle of the Revolution. He could not feel the same disposition which some appeared to do, to give consequence to this affair.

Mr. TROUP did not consider these papers as involving the character of any portion of our people. They appeared to him to be calculated merely to put the people on their guard against foreign emissaries or agents employed for the purpose of effecting a dismemberment of this Union. As to the opinions this person expresses of parties, &c., they are merely the individual speculations of this man, and cannot have much weight. But the documents have a most important bearing. They establish the fact that a foreign Government, on the eve of hostility with us, has for some time past employed an agent to foment divisions among us; and another fact, which, considered in connection with other circumstances, is of great importance. They show the deep-rooted hostility of this foreign power to our Republican Government and liberties--a hostility which could stop at nothing short of a dismemberment of the country. After the affair of the Wabash, when it was said that the Indians had been instigated by the same enemy to hostilities against us, the British Minister's choler rose; he denied the whole. He avails himself of suggestions in public prints to deny their statements; to state that so far from a disposition to stir up the Indians against us, the contrary was the fact; that, indeed, Sir James Craig has been intent on diverting Indian hostilities. Sir, may we not reasonably believe him to have fomented Indian hostilities in one part of the country, while in another he was promoting disunion in the body of the people? These, sir, are the only facts disclosed of importance; the only facts which would justify the publication of more than the ordinary number of copies.

Mr. FISK said that the remarks which had been made by gentlemen, induced him to ask the indulgence of the House, to give some information and make a few observations relative to the subject now under consideration. This Mr. Henry was an Englishman, but had long resided in this country; so long that he had obtained a captaincy in the army raised in the year 1798; he was a man of gentlemanly deportment, and reputed good moral character; that he (Mr. FISK) and his colleague (Mr. STRONG) well remembered when he passed through Burlington, in the Spring of the year 1808, and that his object was at that time much suspected to have been what he now states; but as a politician, he was thought by the Republicans to have been a firm believer in the British maxim, "that the end sanctifies the means;" and the Federal party enjoyed the full benefits of his principles and labors while he lived in Vermont. Sir, gentlemen say that he is a traitor, a spy, and, therefore, what he here relates is not entitled to credit. However dishonorable a transaction like this may be deemed by our Government, whose motives and conduct are directed and squared by the principles of morality and justice, yet, I believe, it is not thought so very disgraceful in the British Government, as to be beneath her first characters to undertake. Sir, was the mission to Copenhagen to destroy that city, murder the innocent inhabitants, and to rob the Danes of their fleet, a more honorable one than this? Certainly not. And yet, sir, the famous Mr. Jackson, who went on that mission was considered worthy of being a Minister to this country, where he was caressed and highly esteemed by some; and performed both missions much to the satisfaction of his master. Why, sir, can gentlemen seriously doubt the truth of the facts stated by this Mr. Henry, when they have it from the highest authority, that the former British Minister, Mr. Erskine, while here, at this very time, was in the same business this Henry was sent to perform? In a letter written by that Minister to this Government, and published by its order, he tells them:

"I have endeavored, by the most strict and diligent inquiries into the views and strength of the Federal party, to ascertain to what extent they would be willing and able to resist the measures of the party in power, and how far they could carry the opinions of this country along with them in their attempts to remove the embargo, without recurring to hostilities against both Great Britain and France."

And again, he tells them in his letter of the 15th February, 1809, when speaking of the divisions which then agitated this country, and the opposition made to the laws by the people of the Eastern States:

"The ultimate consequences of such differences and jealousies, arising between the Eastern and Southern States, would inevitably tend to a dissolution of the Union, which has been for some time talked of, and has of late, as I have heard, been seriously contemplated by many of the leading people in the eastern division."

Now, sir, when the British Minister was on this business, by order of his Government, is it extraordinary or incredible that this Henry should be sent on the same errand by Governor Craig? The occurrences of those times place the fact out of doubt. I perfectly recollect that on my return home from this place in March, 1809, I was informed of this Henry having passed through the country; and it was then conjectured that he was on the very business which he now states. But, say gentlemen, he libels and calumniates the Government! Why, sir, he does not more so than has often been done on this floor by a gentleman not now present, or than has been done for years by one description of presses and newspapers in this country.

The division of the Union is not a new subject. As early as the time the Jay Treaty agitated this country, I saw two numbers in the "Centinel," printed at Boston, holding out the idea of a separation of the States. I am very far from believing it was ever the wish of the great body of the Federal party, or that they will knowingly join the enemies of this country to effect such a purpose, but that there are some who call themselves Federalists, and who in principle and feeling are Englishmen, that would do it, I have no doubt.

Mr. SMILIE said the character of this man was nothing to us, though it might be to him, and he therefore should not follow the example of gentlemen who had made so free with it. There was one point in which he considered the publication of these documents, which was of real importance; that they exhibited to the American people what sort of a nation we had to deal with. It appeared to him that Great Britain considered no means dishonorable provided they would accomplish the attainment of her object. With respect to Mr. Wright's idea, that the publication of the papers would throw an odium on the leading parties in this country, said Mr. S., none of those papers said any thing more disrespectful to the parties in this country than those parties had frequently said of each other in the public prints. He never had believed that the mass of the Federal party wished a separation of the Union; but that there were men in it attached to the British interests, he knew to be true. There was at least enough in these papers to put every man on his guard with respect to the insidious, dishonorable conduct of that Government, and he would therefore vote for printing 5,000 copies.

Mr. MACON said this was one of those debates which sometimes arose in the House, in which all were on one side of the question. Nothing can be more true than that these papers do prove that Great Britain has not yet ceased her attempts to disturb the peace of this nation. That they were genuine he believed, although they came from a man whom that Government had employed. There was nothing new in the manner of communicating them. How was it in the conspiracy of Blount and Liston? Mr. Adams communicated the disclosure to Congress. I imagine that Burr's conspiracy was communicated by some one who was or had been engaged in it. In this case, a man who had been in the service of this Government, preferring the British, was, while in Canada, engaged by Governor Craig to go into a part of this country to endeavor to procure a division of the Union. Mr. M. said he had, four years ago, stated that both Great Britain and France had agents in this country. Had they not had them in other countries? They had; and he cited Holland as a particular instance.

The only question that presents itself is, Is the information useful to us? Does it not confirm every man in the belief that while she is making professions of friendship through her Minister here, Great Britain is, in another direction plotting our destruction by her secret agents? It would be happy for us if we had not also French agents here. I never did believe the Federal party had any notion of joining Great Britain; but this nation, favored as it is, has yet not been clear of discord; and to say that there is not a man in the Federal or Republican parties who would wish a union with Great Britain or France, would be to say what I do not believe.

As to this man, he is just such a one as the British usually employ for these purposes; he is one of their own agents. Can England complain of our giving credit to a man with whom her first Secretary of State and the Governor General of Canada correspond? I care nothing about the cause which brings him here, it is an affair between him and them. The question is, Has he told the truth? I verily believe he has. I understood enough of the papers, as read, to know that he was the agent of the British Government sent here to sow disunion, and that was enough for me. So long as we are governed by interest, mutual wants, or common sense, so long shall we continue united. We are placed in such a situation that we ought to love each other, and we always should, did not our mad passions sometimes run away with us. One part of the nation delights in using the sea; another in agriculture; we supply each other's wants; we ought never to dream of separation. And, sir, when these messengers of hell are sent here shall we not look at them? Let us have the papers printed, sir.

Mr. KEY made some remarks which were not all distinctly heard by the reporter. He wished that the publication could have been accompanied with some refutation of its contents, as it would go to alarm the people with an idea of the existence of a spirit in one section of this country which he was sure did not exist. He was not only for committing the subject, but for following it up with a full and prompt examination. Sure I am, said Mr. K., that the people of Europe have mistaken the American character. Whatever difference of opinion may exist among ourselves, there can be none as to the propriety of supporting the integrity of the Union. There can be no doubt that the people of this country, of all descriptions, will rally around the constitution. France had heretofore supposed she possessed a party in this country, but there was not a man of sense in the country who believed it. Foreign nations would err in this way, having no correct knowledge of the sentiments of the people. If we were soon to be involved in war, it was proper that no distrust should exist in one part of the community against another; and he therefore regretted that a complete investigation could not be had before the papers were published.

Mr. MILNOR said his purpose in rising now was to express the anxious desire he felt that on this question there might not be the least division of sentiment manifested in the House. He should be extremely sorry at any time; above all, at a period of our national progress when it was thought that a change of circumstances of the most important kind was about to take place; that at this time an opinion should be imbibed that any portion of the people of this country were favorable to England. The candor of the gentleman from Maryland (Mr. WRIGHT) redounded to his honor. He was extremely glad to find gentlemen acknowledge, with respect to the party in which he stood enrolled, whatever might be our internal differences, &c., that they could not be suspected of hostility to the Union; there could be no idea entertained by sensible men of either party that there was among us any considerable portion of men who are inimically disposed to the union of the States.

That these papers proved a dishonorable attempt on the part of the British Government Mr. M. said he had no doubt. Although a strong sensation would probably be produced by the discovery of this circumstance, and it might be perverted much to the injury of the feelings of particular individuals, he hoped the good sense of the community would induce them, while they properly appreciated this attempt of a foreign Government, not to be led into rash or injudicious measures. He really wished the affair might be probed to the bottom; and that the British Minister having in one case come forward with a disavowal for his Government, would say in some shape or other what was the real state of the case now before the House.

The motion for printing was unanimously agreed to.

Mr. BIBB moved to amend his motion for reference to the Committee of Foreign Relations, so as to give the committee power to send for persons and papers.

Mr. TROUP said that on occasions of this kind great care should be taken lest the House be hurried by a momentary excitement into an act of precipitancy. He had confidence in the discretion of the Committee of Foreign Relations, but the vesting such a power in the committee might be considered as an instruction by the House to proceed under any circumstances to bring Mr. Henry before them. He had no doubt in his own mind that the communication had been voluntary on the part of Mr. Henry, but he entertained as little that there may have been certain stipulations and conditions which the Executive would feel itself under the strongest obligations of good faith to comply with, and which would exempt the individual making the disclosure from any responsibility of any kind. Whatever may be thought of the motives of Mr. Henry in making the disclosure, or whatever the epithets applied to him in debate, certain it was, Mr. Henry had done service to the country, and ought to be protected by it. If the committee should, on examination, think proper to proceed to summon persons, or call for papers, the House would not hesitate to vest them with the necessary powers.

Mr. GRUNDY stated what was his impression as to the course he should incline to pursue as a member of the Committee of Foreign Relations, if these papers should be referred as proposed, to that committee. If any engagements, express or implied, had taken place between the Administration and Mr. Henry, that he should be free from detention, &c., he should not, as one of the committee, consent to violate that engagement.

The question on reference was carried unanimously.

The question to clothe the committee with compulsory power was carried--104 to 10.

THURSDAY, March 12.

Mississippi Territory.

The unfinished business of yesterday, the bill for enabling the people of the Mississippi Territory to form a constitution and State Government, being taken up--

Mr. POINDEXTER said, that on the general principles of the bill under consideration, he presumed there will be but little difference of opinion. The population of the Territory proposed to be erected into an independent State is unquestionably sufficient to authorize the measure agreeably to the present ratio of representation; and from the vast influx of emigration to that section of the Union since the last census, I am fully satisfied that it might be demanded as a matter of right under the compact with the State of Georgia. But, sir, the wise and magnanimous policy of the General Government has uniformly conferred on the respective Territories the rights of State sovereignty so soon as their numbers would fairly entitle them to one member in the House of Representatives of the United States. Ohio was admitted with a population of thirty-seven thousand souls. In the next Congress, that State will be entitled to six Representatives, besides a very large fraction which was thrown on her by the apportionment made during the present session. All the other new States received into the Confederacy since the adoption of the constitution, have grown into importance, and now constitute some of the firmest pillars in the Temple of Liberty. Permit me, Mr. Chairman, to express a hope, that while gentlemen delight to bask in the sunshine of freedom at home, they will on every occasion manifest their liberality and philanthropy, by extending its cheering rays to the remotest regions of our beloved country. Emancipate us from the trammels of colonial vassalage; place us on the high eminence of a free, sovereign, and independent commonwealth; and we shall at all times be ready, with our lives and fortunes, to assert the rights and vindicate the honor of our common country.

With respect to the limits recommended by the committee, including all that tract of country of which possession was taken by virtue of the Proclamation of the President of the United States, bearing date the 27th of October, 1810, there appears to exist a diversity of opinion. Some gentlemen think it improper to legislate definitely over that country, until the pledge given in the proclamation that it will in our hands be held subject to future negotiation, is redeemed in a manner satisfactory to the Executive who made it; and others wish to divide the country between the State of Louisiana and the State to be formed of the Mississippi Territory. To rescue this subject from the first objection, at a very early period of the session, I moved a resolution calling on the President for information on two points: 1. Whether there was any pending negotiation respecting our title. 2. Whether it was the wish of the Executive that the Legislative authority of Congress over the country should be suspended with a view to future negotiation and adjustment in relation to the claim of the United States. To this request the President has returned no answer. But without the aid of those lights which it is in the power of the Executive to shed upon the question, we all know that the downfall of the late Spanish Monarch, and the distracted state of revolution in which Spain is involved, renders it impracticable to recognize any legitimate authority with whom a negotiation could be conducted. It is true, several letters have passed between Mr. Secretary Monroe and Mr. Foster, the British Minister, during the recess of Congress, relative to our possession of West Florida, and the manner of taking it. On this correspondence it is not my intention at present to comment. It is a new proof of the disposition which Great Britain has always shown to intermeddle in the affairs of other nations, and the language of Mr. Foster is in the highest degree arrogant and insulting. Mr. Monroe, in his letter of the 8th of July, after repelling the insinuations made by the British Government as to the motives by which the President was actuated in taking possession of the country, declares "that by this event the United States have acquired no new title to West Florida. They wanted none." From this declaration it is evident that no doubt is entertained by the Executive as to the validity of our title, and therefore it is unnecessary to suspend for a longer period the admission of that country into the Union.

Mr. POINDEXTER then offered the following amendment:

"And be it further enacted, That the said State shall consist of all that tract of country contained within the following boundaries, to wit: beginning on the river Mississippi, at the point where the southern boundary line of the State of Tennessee unites with the same; thence along said line to its junction with the western boundary of the State of Georgia; thence along the said boundary to the thirty-first degree of latitude, and along said degree of latitude to a point opposite the river Perdido; thence to the junction of said river with the Gulf of Mexico, including all islands within six leagues of the shore to the junction of Pearl River with the Lake Pontchartrain; and up said river to the 31st degree of latitude; thence to the river Mississippi, and up the same to the beginning."

The question on this amendment was taken without debate, and carried.

Mr. CLAY moved to add the following proviso, to follow after the section just adopted; which would have the effect to keep that portion of country taken possession of under the President's proclamation, subject to future negotiation:

"Provided, That nothing herein contained shall be so construed as to prevent that portion of the Territory comprehended within the said boundary, formerly composing a part of the country known by the name of West Florida, being subject to future negotiation on the part of the United States."

Mr. CLAY (Speaker) said that in offering this amendment to the committee, he confessed he was actuated rather by a disposition to accommodate the views of other gentlemen, than from any difficulty which he felt on the subject himself; for, with respect to our title to West Florida, he thought it utterly impossible that any gentleman could examine that question without suffering other considerations to mingle in the investigation, and not be thoroughly convinced that the title was in the United States: and he confessed that were he to consult his own views only, he should not hesitate a moment in making an unqualified annexation of that territory to the States to be formed of the Orleans and Mississippi Territories. But as some gentlemen, adverting to the President's Proclamation for taking possession of that country, had supposed that some difficulty might arise under it from such a procedure, in order to quiet these apprehensions, he had submitted this proviso. The right of the General Government to destroy the integrity of a State having been questioned, it would be well to guard against any difficulty on that score by a reservation to the General Government of the power to negotiate on the subject of this territory. At the same time he made this proposition, Mr. C. utterly disclaimed the idea that in any possible state of things ought this country to be ceded away. He considered the possession of West Florida as indispensable to the interests and prosperity of the Western States, and so far to the integrity of the Union; and he should as soon see a part of the State which he represented ceded away as this territory. What, he asked, was the extent of the country in question? In breadth, about twenty miles; in length, about two hundred, binding to that extent our southern frontier. The danger of having provinces of a foreign power on our frontier is too well disclosed by the late communication of the President (concerning Henry's mission)--a disclosure which must combine in the execration of the project it developed, every man in the country, and every honest man in every country. Suppose the former dynasty of Spain to be reinstated on the throne, it could not desire, for honest purposes, the possession of West Florida. In proposing the amendment, Mr. C. said it was merely his object to make the acts of the Legislative body tally with the proclamations of the President. If, therefore, contrary to his firm conviction, it should be determined that we have not the title, he had no idea that even in that state of things the territory would be given up, but that an equivalent should be given for it.

Mr. C. said he fully approved the boundary established for the new State of Mississippi by the section just agreed to, so far as it operated on the Florida Territory. It gave to the State of Louisiana about three-fourths, perhaps four-fifths, of the population of the whole territory--a population homogeneous to the character of the country--American in principle and feeling; and with pleasure he had seen the convention of the Orleans Territory, in requesting this annexation, display a liberality of sentiment in desiring a further American population, which he trusted would be reciprocated by Congress. Although the State of Louisiana could not be gratified by the annexation of the whole territory, their desires would be gratified to a considerable extent by giving them all that portion of it lying west of Pearl River. The acquisition of the valuable settlements on the high lands, and their hardy population, would satisfy all the material wishes of the State. By this addition they would give to the new State of Louisiana the entire control of the Lakes Maurepas and Pontchartrain, by which the city of New Orleans may be most easily approached; you thus enable the State to take all necessary means to repel invasion. You effect another object, said Mr. C. There is not any very great natural connection between the people immediately on the bay of Mobile and Tombigbee River, and those on the Mississippi. If there be any connection, it is an artificial one, resulting from the preponderancy of capital at New Orleans, and will be lessened whenever there shall be a commercial capital at Mobile. I am therefore anxious to unite the territory east of Pearl River, including the bay of Mobile, to the Mississippi Territory, to which it is naturally connected; and, Mr. C. said, he had no hesitation in declaring that either Pearl River or the Pascagoula ought to be the boundary which is to separate the two parts of the country respectively to be attached to the States of Louisiana and Mississippi--the Pearl River, upon the whole, would be the best, as dividing the territory in about equal portions. Mr. C. concluded by expressing his satisfaction that this subject had been taken up, and that the amendment proposed by the delegate from Mississippi had obtained, which he hoped would finally pass, &c.

Mr. RHEA said that the amendment proposed by the honorable Speaker to him appeared strange. I, said Mr. R., do firmly believe that the title of the United States to the country west of the Perdido River, named West Florida, is good and valid to all intents and purposes; and, therefore, I will not vote for a proposition which will evince a doubt relative to the sufficiency of that title. But it is said that the proclamation of the President has declared the same principle that the amendment proposes. That may be, but that is no law; that proclamation is not law, nor is the Legislature of the United States bound by it, unless they intend to adopt a principle similar to that used in Great Britain, where the King and Council can issue an edict having the force of law. This principle ought not to be established under the constitution of this nation. But the domineering interference of the British Government relative to West Florida, if there was no other reason, ought to be cause sufficient to reject this offered amendment; that interference of a Government which has no possible right or title to the country in question, will be, in a manner, sanctioned by the offered amendment. On these three points, then, the amendment ought to be rejected: first, that it goes to shake the solidity of the title; second, that it goes to sanction an opinion, that a preceding proclamation of the President of the United States is obligatory on the Congress of the United States; and, third, that the amendment, if agreed to, will go to authorize an opinion that the domineering interference of Great Britain, in respect to the country in question, was right and proper. Against these points I will, said Mr. R., hold up my hand--and therefore will vote against the offered amendment.

Mr. MITCHILL observed, that our minister who negotiated the purchase of Louisiana had been repeatedly told by Talleyrand, in the course of the negotiation, that the French intended to cede the country of West Florida; so that it had been not only purchased, but understood to have been purchased. His certainty of the completeness of our title was such, that he was unwilling to do any act which should recognize the existence of a doubt on the subject, and he was therefore opposed to the proviso. At the same time he had no objection to the amendment just agreed to; he was willing that the people on the Tombigbee and Alabama Rivers should have free access to the ocean, and thus do away all artificial distinctions which had been made by a foreign power whilst the territory had been in its possession.

Mr. MACON was well satisfied with the amendment proposed; for he could not have consented to vote for this bill without the proviso, or something like it. Hitherto this Government had done every thing it could to preserve peace. The embargo and all the restrictive measures had in view to preserve peace; and peace would always be best maintained by a due regard to public faith. If a territory be incorporated into a State, it was the opinion of Mr. M. that neither the President nor Senate have a right to give it up. It had never been understood by any party, under our constitution, that under the treaty-making power the President would cede one inch of a State. Convenient although the territory is to us, and though we have possession, and it is said no pledge has been given in relation to it, yet it appeared to him that the proclamation held out the idea that we held it until an opportunity was afforded for negotiating on equitable terms. Mr. M. said he was willing to acknowledge that he had not examined the title in the same manner as the Speaker and the gentleman from New York had done, so as to enable him to pronounce on it with certainty; but the title did not come into the question on the present point. Had we, when all the rest of Louisiana was surrendered to us, obtained possession of Florida? No, we had not. It appeared to have been at least a doubtful question whether we obtained a title to it or not. What had been stated by the gentleman from New York, of Talleyrand's declaration to our Plenipotentiaries, had not much weight, because a claim was now set up to it not by France but by the Spanish Government. The proviso under consideration, whilst it could not in any degree invalidate our claim, did away the objections in his mind to the proposed annexation of territory. If the territory was once annexed to the State, without reservation or condition, they might as well hereafter attempt to cede away Boston or Old Plymouth, as that Territory.

Mr. WRIGHT spoke against the amendment at considerable length.

Mr. CLAY replied; and Mr. RHEA rejoined:

When the question was taken on the proviso, which was adopted without a division.

The bill having been reported to the House, and the House having agreed to take up the same, an adjournment took place.

FRIDAY, March 13.

Mississippi Territory.

The House resumed the consideration of the unfinished business, viz: the report of the Committee of the Whole on the bill for enabling the people of Mississippi Territory to form a constitution and State government.

The amendment changing the boundary of the Territory, &c., moved by Mr. POINDEXTER, together with Mr. CLAY'S proviso, were agreed to without a division.

The question on the bill being engrossed for a third reading was decided without debate--yeas 67, nays 39, as follows:

YEAS.--Willis Alston, jun., William Anderson, Stevenson Archer, David Bard, Burwell Bassett, William W. Bibb, Robert Brown, William A. Burwell, William Butler, J. C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, William Findlay, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Joseph Kent, Abner Lacock, Joseph Lefevre, Peter Little, William Lowndes, Aaron Lyle, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton, Israel Pickens, James Pleasants, jr., Henry M. Ridgely, Samuel Ringgold, Jonathan Roberts, William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, Daniel Sheffey, Richard Stanford, William Strong, George M. Troup, Charles Turner, jr., Robert Whitehill, William Widgery, Thomas Wilson, and Richard Wynn.

NAYS.--Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, John Davenport, jr., William Ely, James Emott, Asa Fitch, Richard Jackson, jun., Lyman Law, Joseph Lewis, jun., Robert Le Roy Livingston, James Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin, jun., Benjamin Pond, Peter B. Porter, Josiah Quincy, William Reed, William M. Richardson, Thomas Sammons, John Smilie, George Smith, Philip Stuart, Silas Stow, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van Cortlandt, jun., Laban Wheaton, Leonard White, and Robert Wright.

The bill was then ordered to be read a third time on Monday next.

MONDAY, March 16.

_British Minister's Disclaimer of all Knowledge of John Henry's Asserted Mission._

The following message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United States_:

I lay before Congress a letter, from the Envoy Extraordinary and Minister Plenipotentiary of Great Britain, to the Secretary of State.

JAMES MADISON.

MARCH 13, 1812.

WASHINGTON, March 11, 1812.

The undersigned, His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States, has read in the public papers of this city, with the deepest concern, the Message sent by the President of the United States to Congress on the 9th instant, and the documents which accompanied it.

In the utter ignorance of the undersigned as to all the circumstances alluded to in those documents, he can only disclaim most solemnly, on his own part, the having had any knowledge whatever of the existence of such a mission, or of such transactions as the communication of Mr. Henry refers to, and express his conviction, that, from what he knows of those branches of His Majesty's Government with which he is in the habit of having intercourse, no countenance whatever was given by them to any schemes hostile to the internal tranquillity of the United States.

The undersigned, however, cannot but trust that the American Government, and the Congress of the United States, will take into consideration the character of the individual who has made the communication in question, and will suspend any further judgment on its merits until the circumstances shall have been made known to His Majesty's Government.

The undersigned requests the Secretary of State to accept the assurance of his highest consideration.

AUGUSTUS J. FOSTER.

The Message having been read, was, on motion of Mr. NEWTON, referred to the Committee on Foreign Relations, and ordered to be printed.

WEDNESDAY, March 18.

State of Louisiana.

The House resolved itself into a Committee of the Whole, on the bill for the admission of the State of Louisiana (now Orleans Territory) into the Union, and for extending the laws of the United States to the same.

The several blanks in the bill having been filled--

Mr. POINDEXTER observed, that it appeared to have been the sense of this House, when the bill for erecting the Mississippi Territory into a State was under consideration, that the portion of the territory taken possession of under the President's proclamation (known by the name of West Florida) which lies West of Pearl River, should be added to the State of Orleans. The constitution had provided that new territory might be added to the States with their consent. As it was not provided by the constitution which party should first assent, he presumed it was not material; and, as this appeared to be the proper moment for fixing the boundary, he was induced to offer the following amendment to the bill.

"And be it further enacted, That so soon as the consent of the Legislature of said State shall be given to the same, all that tract of country lying within the following boundaries, to wit: beginning at the junction of the Iberville, with the river Mississippi; thence through the middle of the Lakes Maurepas and Pontchartrain, to the western junction of Pearl River, to Lake Pontchartrain; thence up said river to the thirty-first degree of latitude; thence along said degree of latitude to the river Mississippi; thence down the same to the beginning; be, and the same is hereby incorporated in, and made a part of said State, and shall be governed by the constitution and laws thereof, in the same manner as if it had been included within the original boundaries of said State. Provided, nevertheless, That the title of the United States to said tract of country shall be and remain subject to future negotiation."

Mr. DAWSON said this question had been agitated in the select committee, but it had appeared proper to them that this addition of territory should be made the subject of a separate law. If they went so far, they must go farther still into details. He thought it better that the law accepting the constitution should be as simple as possible.

Mr. CLAY (Speaker) could not view the subject in the same light, he said, as the gentleman from Virginia; and although there had been a division of sentiment in the select committee, there certainly were some members of that committee in favor of the motion. But, could gentlemen imagine any difficulty growing out of making this section a part of the present bill, which would not equally arise if it were put in a separate bill? There could be no difficulty in either way; and in propriety, it appeared to him the course now proposed ought to be pursued. They were about to admit a new State into the Union. Should not the bill, which recognized it, present the whole limits of the State in one view, or would it be better to subject inquirers to the necessity of wading through two or three acts to find out the boundary of a single State? He hoped the motion would prevail.

The motion was agreed to, 47 to 25.

Mr. CLAY said he observed there had been no ordinance passed by the convention recognizing the freedom of navigation of the Mississippi. He had no idea that under any circumstances, the Legislature of the new State would impede the navigation; but the object was one so dear to the people of the Western country generally, that he wished to place it beyond the possibility of doubt.

The amendment was adopted without a division.

Mr. JOHNSON said, that as the matter now stood, the population of the Florida Territory attached to this bill would, although they are to compose a part of the new State, be deprived of a voice in the passage of the first laws, which are always the most important under a new government, and in the choice of Senators in Congress, which would be attended with the greatest hardship, as the population had been unrepresented for some time past, and complained of various grievances. He, therefore, moved an amendment to the bill, to divide the territory to be annexed to Louisiana into two counties, to be called Feliciana and Baton Rouge, each to send one Senator and one Representative.

Mr. POINDEXTER wished the people of that country to be represented as much as the gentleman possibly could; but how could Congress in one breath say they should form a part of the new State as soon as its consent could be had, and in the next section declare, though by the very terms of the law they are not a part of the State, that they shall be represented in the Legislature of the State?

Mr. CLAY said he had understood that a memorial was in the city, and would be presented to the House at the first opportunity, from the Convention of Orleans, praying the annexation of the territory in question to the new State. When that was before them, the committee would be better able to understand how far they could now proceed in sanctioning the representation of that territory in the Louisiana Legislature. He therefore moved that the committee now rise, report progress, and ask leave to sit again.

Agreed to, and the committee rose.

THURSDAY, March 19.

Disclosures of Mr. Henry.

Mr. PORTER, from the Committee of Foreign Relations, to whom was referred the Message of the President of the United States, transmitting the disclosures of Mr. Henry, a British Secret Agent, made the following report:

The Committee of Foreign Relations, to whom was referred the President's Message, of the 9th instant, covering copies of certain documents communicated to him by a Mr. John Henry, beg leave to report, in part, that although they did not deem it necessary or proper to go into an investigation of the authenticity of documents communicated to Congress, on the responsibility of a co-ordinate branch of the Government, it may, nevertheless, be satisfactory to the House to be informed that the original papers, with the evidences relating to them in possession of the Executive, were submitted to their examination, and were such as fully to satisfy the committee of their genuineness.

The circumstances under which the disclosures of Henry were made to the Government, involving considerations of political expediency, have prevented the committee from making those disclosures the basis of any proceeding against him. And, from the careful concealment, on his part, of every circumstance which could lead to the discovery and punishment of any individuals within the United States (should there be any such) who were criminally connected with him, no distinct object was presented to the committee by his communication for the exercise of the power with which they were invested, of sending for persons and papers. On being informed, however, that there was a foreigner in the city of Washington, who lately came to this country from Europe with Henry, and was supposed to be in his confidence, the committee thought proper to send for him. His examination, taken under oath and reduced to writing, they herewith submit to the House.

The transaction disclosed by the President's Message presents to the mind of the committee conclusive evidence that the British Government, at a period of peace, and during the most friendly professions, have been deliberately and perfidiously pursuing measures to divide these States, and to involve our citizens in all the guilt of treason, and the horrors of a civil war. It is not, however, the intention of the committee to dwell upon a proceeding, which, at all times, and among all nations, has been considered as one of the most aggravated character; and which, from the nature of our Government, depending on a virtuous union of sentiment, ought to be regarded by us with the deepest abhorrence.

[Document accompanying the above report.]

FRIDAY, March 13.--Count Edward de Crillon sworn.--This deponent knows Mr. Henry; he dined with him at Mr. Wellesley Pole's, in September, and afterwards at Lord Yarmouth's; met with him also at different fashionable clubs; deponent fell in with Mr. H. subsequently by accident; deponent had ordered his servants to procure him a passage for America; they met with Captain Tracy, of the ship New Galen, of Boston, at the New London Coffee House. After agreeing with him on the terms of the passage, Captain T. applied to deponent to know if he was ready to embark the next day, as the ship would sail on the following morning; deponent said no; that he should send his servants on board, but should take a post-chaise for Portsmouth, and pass over to the Isle of Wight, where he should wait for the vessel. On the day following he went accordingly to Portsmouth, but before his departure he received a letter from Captain Tracy, couched in the following terms: "Sir, you must go to Ryde, where you shall find a gentleman called Captain Henry, waiting for the New Galen; I shall send a boat on shore for both of you." Deponent went to Ryde, but did not find Captain H. there; thence he proceeded to Cowes, and inquired of the American Consul "if the New Galen had passed?" fearing that she had sailed without him. The Consul informed him that the ship was detained in the Downs by head winds; deponent returned to Ryde, and remained there three weeks alone before Captain H. arrived. Captain H. came to him and told him that the ship was badly found, and advised him to go to Liverpool and take the packet; deponent refused, having paid his passage and his trunks being on board. Captain H. three days after his arrival, fell sick; he kept his bed twenty-two days, during which time he was often delirious, frequently uttering the name of Lord Liverpool. The deponent having two servants, one of them attended on Mr. H. during his illness. He was visited by Mr. Powell, of Philadelphia, a Mr. Wilkinson, or Dickson, of the British army, and a Mr. Perkins, of Boston; he received above two hundred letters from a Boston house, [Higginsons,] in Finsbury Square, that had lately stopped payment. He refused to take the letters, giving them to the Captain. Mr. H. was also visited by a Mr. Bagholt, who brought him letters from Sir James Craig. Henry refused to receive those letters. He recovered from his sickness. Deponent occupying the most agreeable house in the place, Henry's physicians asked the favor of an apartment for him until he was ready to embark. After eight weeks' detention, the wind became fair, and the vessel sailed. The day before her departure, Mr. Bagholt arrived at Ryde, with letters from Lord Liverpool to Sir George Prevost, and to Mr. Henry, who, when he saw the seal of the letter addressed to him, said, throwing it on the table, "that is a letter from Liverpool; what more does he want of me?" He appeared to be much agitated, and retired to his room. Mr. Bagholt returned that night to London without taking leave; but the wind coming fair the next morning the ship sailed. Mr. Edward Wyer, and Mr. West, both of Boston, and a Mrs. Thompson, of London, were passengers in the ship. Henry at first appeared very low spirited, took a cabin to himself, and mostly dined alone. In good weather he employed himself in shooting pistols, at which he was very expert. One dark night, about ten o'clock, the witness was walking on deck much dejected, when Henry accosted him--"Count Crillon," said he, "you have not confidence in me; you are unhappy; confide your sorrows to me." He spoke so kindly that deponent made him in part acquainted with his situation. He replied, "one confidence deserves another; I will now tell you my situation. I have been very ill-treated by the British Government. I was born in Ireland, of one of the first families in that country, poor, because a younger brother. I went to America with expectations from an uncle, (Daniel McCormick, Esq., of New York,) who possesses a large fortune, is old and unmarried. French persecution having exiled from that country many of the respectable families of France, I married a lady of that description, who died, and left two daughters without fortune. I applied to the American Government, and through the influence of the British Minister I was appointed captain of artillery during Mr. Adams's Administration. I had command at Portland, and at the fort near Boston, and while in commission, I was employed in quelling a meeting or insurrection among the soldiery, and during my continuance in office I gave general satisfaction. But perceiving there was no field for my ambition I purchased an estate in Vermont, near the Canada line, and there studied law for five years without stirring from home. I detest republican government, and I filled the newspapers with essays against it."

SATURDAY, March 14.--Count C. in continuation.

Deponent says that Henry told him in the course of his interview, which he mentioned yesterday, that the severity of his strictures in the public prints against republican government attracted the attention of the British Government. "Sir James Craig," continued he, "became desirous of my acquaintance. He invited me to Quebec, where I staid some time. Hence I went to Montreal, where every thing I had to fear, and all I had to hope, was disclosed to me. I went afterwards to Boston, where I established my usual residence. I was surrounded by all the people pointed out to me by the agents who were under my orders. I lived at the Exchange Coffee House, gave large parties, made excursions into the country, and received an order extraordinary from Sir James Craig to dispose of the fleet at Halifax, and of the troops, to further the object of my mission, if required. My devotion to the cause was extreme. I exhausted all my funds. I spent many precious years in the service; and was advised to proceed to London. The Government treated me with great kindness. I was received in the highest circles; was complimented with a ticket as member of the Pitt Club, without being balloted for. And when I had spent all my money, and presented my claims for retribution, the Government attempted to cheapen my services, [marchander,] to beat me down. My claims were to the amount of £32,000 sterling. I was told, however, that I should be provided for, by a recommendation to Sir George Prevost, in case I would return to Canada, and continue my mission and services as before; and to exercise the same vigilance over the interests of the British Government. At the same time, the Government appointed a friend of mine, an Irish gentleman, Attorney General for Canada, through my influence." [Deponent saw this gentleman at Mr. Gilbert Robertson's in New York.] Henry continued: "Disappointed in my expectations, I was impatient to proceed to Canada to sell my estates and my library, and take my revenge against the British Government. I knew that if I went to Canada I must deliver up my despatches, and that I should afterwards be put off by the Government. I, therefore, determined to retain the documents in my possession, as the instrument of my revenge. Determined to extricate myself from my embarrassing connection with the British Government, I refused the offer of a passage to Halifax in one of their ships of war, and determined to live privately and retired at Ryde, and take passage in the first vessel that should sail for the United States. This is the cause of your meeting me at Ryde."

Deponent represents to Henry, "That England was his legitimate Government; that he would render himself the most odious of all characters by betraying it; that his (the deponent's) Government had treated him harshly, and that he then labored under its displeasure, but no consideration should induce him to act against it; that we must not resent a parent's injuries; tells him to have patience, and wait for his reward." Henry then pleaded in his justification the wrongs of his native country--Ireland--inflicted by the British Government.

Henry came down to Washington, and stopped at Tomlinson's, where deponent saw him. He afterwards removed to Georgetown, to the house of one Davis, an auctioneer, where the deponent visited him every day, and found him always occupied. Deponent waited for his disclosures, not having any disposition to pry into his secrets; but Henry was entirely silent, and incessantly sighing very deeply. On the day of General Blount's funeral, deponent took Henry down to Alexandria, in expectation that he might communicate his projects; but he was still reserved. After dinner they returned, and while in the carriage, Henry tells deponent "that he has great confidence in him; that he (deponent) has been here some time, and asks his opinion of Mr. Monroe." Deponent answered that he was very little acquainted with any body, but thought Mr. Monroe a most virtuous and respectable man.

Deponent remained several days without hearing any thing more, until one morning at 7 o'clock, Henry came into his apartment and said--"Crillon! you must sell me St. Martial," [an estate of the deponent's in Lebeur, near the Spanish frontier;] "you have the title papers with you. My name will be rescued from oblivion by living near Crillon, the habitation of your ancestors, and of a man who has been my friend." Deponent answered that he had no objection; and, if Henry on seeing the property was not satisfied, he would give orders to his agent in France to cancel the bargain. The conveyance was accordingly made.[27] Henry left deponent, when Mr. Brent, to whom Henry was not introduced, came into the deponent's apartment. About this time, deponent received four anonymous threatening letters, and was advised by his friends that he was surrounded by spies; but he told them that he had nothing to fear--that he was "sans peur et sans reproche." By one of these letters I was advised to leave the city before 12 o'clock, as a person had just arrived from London with orders to arrest me.

Meanwhile rumors circulated very generally to the deponent's prejudice, and he was under the necessity of vindicating his character, and of correcting the author of those reports.

The Message of the President gave the deponent the first intelligence of the true state of the transaction.

Henry told the deponent that a Mr. Gilvary, or Gillivray, from Quebec, had come to him at New York, to persuade him to go to Canada; but Henry said "he would not--that the Rubicon was passed."

Henry kept the first company at Boston.

Being questioned if Henry had mentioned the names of any person with whom he had conferred? deponent answered "None."

Deponent landed at Boston, December 24, 1811; staid there about ten or twelve days. Visited Governor Gerry twice.

Question--Do you know where Henry is now?

Answer--No. By report, I hear he is in New York.

Deponent left Boston in the public stage. Henry was also a passenger. But at New Haven deponent took a private carriage to himself.

COUNT E. DE CRILLON.

The report having been read, was, on motion of Mr. PORTER ordered to lie on the table.

FRIDAY, March 20.

Admission of Louisiana.

The bill for the admission of the State of Louisiana into the Union, and to extend the laws of the United States thereto, was read a third time, and passed, without debate--yeas 79, nays 23, as follows:

YEAS.--William Anderson, Stevenson Archer, Ezekiel Bacon, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwell, William Butler, Matthew Clay, Lewis Condict, William Crawford, Roger Davis, John Dawson, Samuel Dinsmoor, William Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Peterson Goodwin, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Philip B. Key, William R. King, Abner Lacock, Peter Little, William Lowndes, Aaron Lyle, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, James Pleasants, jr., Benjamin Pond, William M. Richardson, Henry M. Ridgely, Samuel Ringgold, John Rhea, John Roane, William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, Daniel Sheffey, John Smilie, George Smith, John Smith, Richard Stanford, Samuel Taggart, John Taliaferro, Uri Tracy, George M. Troup, Charles Turner, junior, Pierre Van Cortlandt, junior, Robert Whitehill, David R. Williams, Thomas Wilson, Robert Wright, and Richard Wynn.

NAYS.--Harmanus Bleecker, Epaphroditus Champion, Martin Chittenden, William Ely, James Emott, Asa Fitch, Richard Jackson, junior, Lyman Law, Joseph Lewis, junior, Robert Le Roy Livingston, James Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin, junior, Josiah Quincy, William Reed, Thomas Sammons, Adam Seybert, Philip Stuart, Lewis B. Sturges, Benjamin Tallmadge, Laban Wheaton, and Leonard White.

TUESDAY, March 24.

Limitation of Claims on the Government.

The House proceeded to consider the report of the Committee of the Whole on the following resolution:

"Resolved, That it is expedient to make provision by law for the payment of the following descriptions of claims, to wit:--1. Loan office certificates; 2. Indents of interest on public debt; 3. Final settlement certificates; 4. Commissioners' certificates; 5. Army certificates; 6. Credits given in lieu of army certificates cancelled; 7. Credits for the pay of the army for which no certificates were issued; 8. Invalid pensions; 9. Lost or destroyed certificates--notwithstanding any statute of limitation to the contrary, under such restrictions as shall insure payment only to the original claimant, his heirs, executors, or administrators."

The resolution was agreed to, and referred to the Committee of Claims to bring in a bill pursuant thereto.

French Spoliations.

Mr. PITKIN said that he held in his hand a statement and representation, on oath, of Captain Samuel Chew, of New Haven, in the State of Connecticut, which he would beg leave to present to the House. Captain Chew states, that he was supercargo on board the brig Thames, and on the 19th of January, 1812, sailed from St. Ubes, bound to New Haven, with a cargo of salt and fruit; that on the 2d of July following, the brig was taken possession of by a French squadron, consisting of two frigates of forty-four guns each, and a sloop of war of sixteen guns, under the command of Commodore Forretin, and that he was told by the officer boarding him, that the brig would be burnt the next morning. That the officers of the squadron informed him that they sailed from Nantes on the 8th of January. That on board the French vessels were the crews of the ship Asia, from Philadelphia, bound to Lisbon, and of the brig Gershom, of Duxbury, last from Boston, bound to Oporto, both laden with corn and flour. That the officers of the squadron informed him, that, on the 17th and 23d of January, they had captured and burnt the ship Asia and brig Gershom. He also states that he inquired of the Commodore the reasons of burning them, and was informed by him that he had orders from the Government to burn all American vessels sailing to or from an enemy's port. That, on the 3d of February, the Commodore put on board the Thames the captains and crews of the vessels burnt, being thirty-seven in number, to be landed in the first port, and that, on the 16th day of July, he landed them at St. Bartholomews. Captain Chew states likewise, that when the Commodore released the Thames, he gave him a document or writing, subscribed with his own hand, and written in the French language, and which is annexed to his statement. This document contains a list of names of the men composing the crews of the vessels captured; it also states that they were captured on voyages from Philadelphia and Boston to Lisbon, laden with grain and flour, by the division under the command of Monsieur Forretin, Member of the Legion of Honor, and that they were captured in pursuance of the instructions of the Minister of Marine and the Colonies.

Mr. P. said that this statement, with the original document annexed, in the French language, and under the hand of the commodore of the squadron, had been forwarded here, for the information of the Government; that the character of Captain Chew was such as to entitle him to full credit wherever he was known. Believing, therefore, as he did, in the truth of these statements, and that the document annexed is genuine, he thought it his duty to present it to the House for their information. The House, after hearing them read, can dispose of them by referring them to the Secretary of State, or otherwise, as they may think proper.

The papers presented by Mr. PITKIN having been read,

Mr. MCKIM moved that they lie on the table until time should be afforded for the arrival of those persons in the United States whose testimony might confirm the facts stated.

Mr. PITKIN also wished them to lie on the table, that they might be examined by gentlemen, and receive that attention to which the importance of their contents might entitle them.

The papers were accordingly ordered to lie on the table.

THURSDAY, April 2.

Virginia Military Bounty Land.

Mr. NELSON, from the committee to whom the subject had been referred, made a report, concluding with the following resolution:

Resolved, That provision should be made for securing to both officers and soldiers of the Revolutionary army of Virginia on that establishment, in the land or sea service of the said State, the county lands which were promised to them, either by law or resolution of the said Commonwealth, out of the lands not otherwise appropriated, and lying on the northwest of the river Ohio, within the Virginia cession, to be of good quality, according to the true intent and meaning of the promises made on the part of Virginia; and that if a sufficiency of good land, within the meaning aforesaid, cannot there be found, that these bounties shall be satisfied out of any other public lands of the United States not otherwise appropriated.

The report was referred to a Committee of the Whole.

MONDAY, April 6.

Publication of Secret Proceedings.

Mr. GRUNDY, from a committee which had been appointed while the House was sitting with closed doors, made the following report:

The committee, to whom was referred the resolution directing an inquiry to be made, whether there has been any, and if any, what violation of the secrecy imposed by this House, during the present session, as to certain of its proceedings, have, according to order, proceeded in said inquiry, and beg leave to state, that, under the authority with which they were invested by the House, they have caused to come before them four witnesses, whose testimony on oath is as follows, to wit:

Charles Prentiss states that he furnished to the editors of the "Spirit of Seventy-six," a paper printed in Georgetown, the paragraph giving an account of the proceedings of the House of Representatives, while sitting with closed doors, on the subject of the embargo; and he further says, that he did not receive the information, or any part thereof, which enabled him to write said paragraph, from any member of Congress or officer of the House. Upon being interrogated, he states that he received the whole of his information from Nathaniel Rounsavell, one of the editors of the Alexandria Herald; that he received it on Wednesday late at night, and he asked of Mr. Rounsavell whether the injunction of secrecy had been removed. Rounsavell replied that he had not inquired. On Thursday morning the witness spoke to some of the members on the subject, and from their conduct he was satisfied that the injunction of secrecy had not been removed; notwithstanding which, the witness sent the paragraph above alluded to, to the editors of the Spirit of Seventy-Six on Thursday.

John M. Carter and James B. Carter, editors of the "Spirit of Seventy-Six," state that they received from Mr. Prentiss, in writing, the statement which appeared in their paper; that they received no information on the subject from any member or officer of the House.

Nathaniel Rounsavell, upon being interrogated, says he composed the paragraph which appeared in the Alexandria Herald of Friday last, containing a statement of the secret proceedings of the House of Representatives upon the subject of the embargo; that he on Wednesday night, after the adjournment of the House, derived a part of the information, on which he was enabled to give the detailed account, from the conversation of members of the House with whom he accidentally fell in company; that he was acquainted with the members, and they with him; they knew he was present; he partook in some degree in the conversation.

Question by the committee--From the conversation of what members did you collect the information of which you have spoken?

The witness refused to answer the interrogatory.

Question 2--At what place was the conversation held?

Witness refused to answer.

Question 3--Have you seen the members alluded to, or any of them, since you first appeared before this committee on Saturday last?

Witness likewise refused to answer this interrogatory.

Whereupon it is ordered by the committee that the Sergeant-at-Arms detain said Rounsavell in his custody until the pleasure of the House of Representatives relative to the conduct of said witness can be ascertained.

After the report was read, Mr. GRUNDY offered the following resolution for consideration:

"Resolved, That the Sergeant-at-Arms be directed to bring the said Nathaniel Rounsavell to the bar of the House, there to answer such questions as may be propounded to him by the Speaker, under the direction of the House."

Much desultory discussion took place as to the mode of proceeding in this case, the form of the proposed order, its conformity to precedent, &c., in which Messrs. PITKIN, LACOCK, SHEFFEY, TROUP, TALLMADGE, GRUNDY, FISK, and WIDGERY, took part. This discussion resulted in the proposition of a preamble to the motion, by Mr. GRUNDY, reciting the grounds of the order.

The motion was then agreed to.

On motion of Mr. GRUNDY, the select committee were then discharged from the further consideration of the subject.

On motion of Mr. GRUNDY, it was resolved that several interrogatories contained in a paper which he offered to the House, should be proposed to the witness.

Mr. BURWELL suggested the propriety of allowing this person counsel; but withdrew the suggestion, on its being remarked, that this person appeared before the House in the character of a witness, not a criminal, and that it was not usual for a witness to appear by counsel.

Mr. Rounsavell was then brought to the bar of the House by the Sergeant-at-Arms.

After some hesitation on the part of the witness to take the oath required, he was sworn, in the usual form of oath administered to witnesses.

The first interrogatory agreed to by the House was put to him by the Speaker, in the following words: "From the conversation of what members did you collect the information of which you have spoken in your deposition before the committee?"

To this question the witness answered in these words: "I refused to answer that question when before the committee, and I continue steadfast in that refusal."

The witness was ordered to withdraw, and the Speaker reported his answer to the House; having deemed it unnecessary, on his refusal to answer the first, to propound any other of the questions.

Mr. SEYBERT, after stating his indisposition to encroach on the rights of the citizen, which, however, must yield to the superior rights of the nation, which required them to act in this case, suggested the propriety of recommitting this person to the custody of the Sergeant-at-Arms until further order should be taken by the House, and preventing him in the mean time from communicating with those from whose conversation he might have derived his information. With this view he offered the following resolution:

Resolved, That Nathaniel Rounsavell be committed to the custody of the Sergeant-at-Arms until further order, and that in the mean time he be precluded from all intercourse or conversation with any person or persons other than the Sergeant-at-Arms.

The question on striking out so much of the motion as precludes the witness from conversation with any one unless in the presence and hearing of the Sergeant-at-Arms, was decided as follows--yeas 62; nays 22.

The question was then stated on the motion as just amended, viz:

"That Nathaniel Rounsavell be committed to the custody of the Sergeant-at-Arms until the further orders of the House."

The question was taken on the resolution, and it passed by a very large majority.

TUESDAY, April 7.

Publication of Secret Proceedings.

A letter was laid before the House from Nathaniel Rounsavell, the witness now in the custody of the Sergeant-at-Arms. The letter disclaims any intention to have violated the respect due to the House by the publication which he had made; it declares that the conversation which the writer had was inadvertent, as he believes, on the part of the members who partook in it, and entirely without any intention on their part, as he believes, to violate the order of the House; that he had been refused by the committee an opportunity to explain his testimony; and that his only motive for refusing to answer was, that if he were to answer the question as propounded to him, it might have the effect of criminating those who had committed no crime, and from whose conversation, but for previous and subsequent knowledge, he could not have ascertained that an embargo had been the subject of discussion, &c.

Mr. SMILIE said it was in his power, he believed, to make a statement to the House which would procure a discharge of this man. Had the original motion succeeded yesterday, he should then have risen and stated what he was now about to say, because he had been determined that the man should not suffer. I do believe, said Mr. S., that the substance of the information which Mr. Rounsavell published in his paper, he did derive from conversation of myself with others; whether he got other particulars from other members, I know not. The circumstance was this: The night the embargo law passed this House, I met with a member who was absent, and ignorant of what had passed. Upon meeting with this gentleman he inquired of me what had been done? I briefly told him, and I have reason to believe Mr. Rounsavell was in such a situation as to hear what I said. Having made this statement, I will make a few other remarks. I had a seat in Congress when each of the former embargoes under this constitution were laid. The mode in which they came before the House was in those cases such as to enable us to keep them secret. In every instance except the present, the first intimation relative to the embargo came from the President to the House in a confidential shape, and the doors were immediately closed. What was the fact in this case? The measure originated in the Committee of Foreign Relations. It was proposed there that it should be kept secret; when a member of the committee rose and declared he would not be bound--he would not keep it a secret. This destroyed at once the efficacy of any such determination on the part of the committee; we might as well have discussed the subject with open doors as with closed doors, had it not been from respect to the Message of the President recommending a different course. What was published in the Herald, therefore, was of no importance; when the subject of discussion was known to all, it was of very little consequence to know who was chairman, and who spoke, and how many voted. If the House must have a victim, and it appears to me some gentlemen would be very willing to have one, I offer myself in the room of this man; he has suffered too much already. The quo animo constitutes the essence of every crime; it cannot then be supposed, after the warm support I have given to this measure, that I could have any unfriendly intention towards it. I well know the powers of this House; and I know the limits of those powers. The House will take such steps as they think proper. I have taken my ground; I am prepared for the event. He would further observe that in relation to the suspicion of members having influenced Rounsavell to refuse to answer, that he had not seen him from the time of the conversation he had stated until after his appearing before the committee and refusing to answer.

Mr. Smilie was asked to name the member of the Committee of Foreign Relations, to whom he had just alluded, and replied that his name was no secret--it was Mr. Randolph.

Mr. CALHOUN said that the member of the Committee of Foreign Relations, (Mr. RANDOLPH,) to whom allusion had been made, not being in his seat, he would state how the fact just stated had occurred in the committee. That gentleman stated (said Mr. C.) that he had doubts of the power of the committee to compel him to secrecy; but the gentleman also stated that he had just returned from Baltimore, where he found the British Consul possessed the knowledge of an intended embargo, and that a great commercial house was acting on it, and therefore he did not feel it his duty to keep it secret. I, sir, was the one who made the motion that our proceeding should be confidential. After the statement made by the gentleman from Virginia, that he should feel it his duty to proclaim the fact, combined with other circumstances, I did not feel so strongly the obligation, and the motion for secrecy was waived. Under the impression that it was no longer a duty to confine the knowledge of this transaction to the bosom of the committee, I mentioned it to the gentleman from Boston and other commercial cities, that they might be aware of the transaction; I did it from a sense of duty, that they might be as well informed on this head as other members of the House.

Mr. QUINCY rose to state the circumstances as they had occurred on the day alluded to, and he had it in his power to do so, because, anticipating that some difficulty might arise, and wishing to relieve himself from blame, he had on the morning after the occurrence, committed it to paper, as follows:

"MARCH 31, 1812.

"MEMORANDUM.--Mr. Calhoun, of South Carolina, a member of the committee of Foreign Relations, this day informed me that 'the Committee of Foreign Relations had come to a determination that an embargo should be proposed to Congress for its adoption to-morrow.' I asked him if I was at liberty to mention this as a fact from him. He replied that 'I was at liberty.' He said 'that the gentlemen of the committee were generally of opinion that the subject should be kept secret. But Mr. Randolph,[28] one of the committee, had declared that he would not consider himself bound to any such obligation. The committee, therefore, had thought that it was but fair to give an equal chance to all the gentlemen in Congress. And that he informed me of the fact, as a member from a commercial town, in order that I might communicate it to my mercantile friends.'

"I soon after went to him and asked him, 'whether the embargo would come as an Executive recommendation.' He replied, 'I do not deem myself authorized to answer that question.'

"I find the same information has been communicated by other members of the committee to various members of Congress.

"JOSIAH QUINCY."

Mr. SEYBERT said, after what had been stated by his colleague, it was very evident that the information which had found its way to the public had been inadvertently communicated by a member; and he hoped the House was satisfied with the result. When he made the original motion, yesterday, for detaining this person, Mr. S. said he was desirous of a modification of it; he had not contemplated so rigorous a confinement as it would perhaps have comprehended. He was now perfectly satisfied, and considered it his duty to move that the witness be discharged from the custody of the Sergeant-at-Arms.

Mr. ROBERTS was opposed to discharging the witness until he had explained a sentence of his letter to the Speaker, in which he had asserted that he was not permitted to explain his testimony. The fact was, that the committee had acted with the greatest patience and liberality towards the witness, and extended to him every indulgence in their power, and his assertion was therefore unwarranted.

Mr. MACON, in the absence of Mr. RANDOLPH, thought proper to remark that he had heard of the embargo in Baltimore, and the report had brought him here. It appeared, then, it was no secret at all. This was the first instance, indeed, Mr. M. said, in this Government in which a committee had undertaken to make a secret for itself. No such power of a committee was recognized by the House. Being confidentially referred by the House to a committee, they must in that case act on it in the same manner; otherwise there was, perhaps, no obligation. He did not believe there was a man in the nation who would be farther from doing a dishonorable act than the gentleman from Virginia, whose name had been called in question.

Mr. SEYBERT said, after what had passed, he presumed every one was satisfied there was no occasion to pursue the inquiry, and as the witness had submitted to the authority of the House, he moved the following resolution:

"Resolved, That Nathaniel Rounsavell, now in the custody of the Sergeant-at-Arms of this House, for a contempt of its authority in not answering the questions propounded to him by order of the House, having submitted to answer, and purged himself from the contempt, be discharged from said confinement."

The question was then taken on Mr. SEYBERT'S motion, and carried without opposition; and the Sergeant-at-Arms was ordered to discharge the witnesses from confinement; and then, on motion, the House adjourned until to-morrow.

THURSDAY, April 9.

Importation of British Goods.

The House resolved itself into a Committee of the Whole on the bill to authorize the importation of goods, wares, and merchandise, under certain circumstances, from Great Britain, her colonies or dependencies.

_Removal of Federal Judges on Address of Congress._

AMENDMENT OF THE CONSTITUTION.

Mr. MCKIM offered to the House the following resolution, premising that he had been particularly induced to offer it, by considerations resulting from the present state of things in the State of New York, arising from the disability of the District Judge, by which upwards of seven hundred suits were kept in suspense, to the great injury of individuals and prejudice of the Government. In order to remedy that difficulty, a bill had passed both Houses, which had been returned by the President as objectionable on constitutional grounds. It had been pronounced on this floor, by a respectable law authority, that if that bill was rejected there was no other remedy. He, therefore, had been induced to offer the following resolution:

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled: (two-thirds of both Houses concurring,) That the following section be submitted to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the States, shall be valid and binding as a part of the Constitution of the United States:

"Resolved, That the Judges of the Supreme and Inferior Courts may be removed from office, on the joint address of the Senate and House of Representatives of the United States."

The resolution was ordered to lie on the table, and to be printed--44 to 33.

Louisiana Lead Company.

The House resolved itself into a Committee of the Whole, on the bill to incorporate Moses Austin, Henry Austin, John R. Jones and others, in the Territory of Louisiana, by the name of the Lead Company of Louisiana. After considerable debate, the first section of the bill was stricken out, on motion of Mr. TROUP. The question on concurrence with the committee was decided by yeas and nays. For concurrence 46, against concurrence 43.

And so the said bill was rejected.

TUESDAY, April 14.

Cumberland Road.

Mr. MORROW, from the committee to whom was referred the Message of the President of the United States, of the 1st ultimo, transmitting a report and letter concerning the proceedings under the act, entitled "An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," and also a petition from a number of the inhabitants of the western counties of the State of Pennsylvania, praying that an appropriation may be made for the purpose of erecting a bridge over the Youghiogany at the place where the new road crosses the said river, made the following report:

That two subjects are suggested by the said Message, which require Legislative provision, viz: the appropriation of $30,000 for completing the said road to Tomlinson's, where the old and new roads meet, and the granting authority to levy toll sufficient to keep the said road in repair.

The reasons assigned in favor of such provisions, by the report and letter communicated by the Message, are, in the opinion of the committee, sufficient to show the expediency of the measure; they therefore refer the House to these documents.

It is proper, however, to state that the appropriations already made for the objects have exceeded the moneys produced by the fund pledged to defray the expense of the said road, which will appear by a letter from the Treasury Department, accompanying this report. That circumstance, as also the present state of the public finances, the necessity arising out of the existing crisis in the national concerns, for applying the public resources to objects of security and defence, have been duly considered; and whatever ground of objection to the proposed measure these considerations may afford, the committee are of opinion, nevertheless, that the advantages the public would derive from an immediate extension of the new road to where it will intersect with the old, are sufficient to justify the appropriation.

They are of opinion, that an appropriation for erecting a bridge over the Youghiogany River would be improper at this time, because, by law, the superintendent, in making the road, has power to deviate from the original survey, only that the road shall pass through the principal points established. If, then, a bridge should be erected over the said river, that place must necessarily become fixed as a point to which the road must lead, and being many miles in advance of the parts of the road contracted for, might prove inconvenient in the further prosecution of the work.

The committee respectfully submit the following resolutions:

Resolved, That $30,000, in addition to the sums heretofore appropriated, and reimbursable by the same fund, shall be appropriated for making the road leading from Cumberland to Brownsville.

Resolved, That provision be made for the levying of toll sufficient to keep the same in repair.

Resolved, That it is inexpedient to appropriate money for erecting a bridge over Youghiogany River on the said road.

The report was referred to a Committee of the Whole on Thursday next.

MONDAY, April 20.

Death of the Vice President.

A message was received from the Senate, announcing the death of the Vice President of the United States, and the resolution they had adopted.

The House agreed to consider the joint resolution as above stated.

Mr. TALLMADGE said, it was assuredly not from any want of respect to the memory of the patriot deceased, that some member from the State of New York did not on this occasion address the Chair. At their request, and being himself a native citizen of the State of New York, and having served particularly and on honorable occasions in the Revolutionary war with the gentleman whose death was now announced; having long known his services and merits as a soldier and statesman, he took the liberty, in behalf of the delegation from New York, to move a concurrence in the resolution of the Senate.

The House unanimously concurred; and Messrs. TALLMADGE, MITCHILL, GOLD, STOW, and MACON, were appointed a committee on their part to act with the committee of the Senate.

And the House adjourned, to meet at nine o'clock to-morrow, to receive the report of the joint committee on the subject.

TUESDAY, April 21.

On motion of Mr. TALLMADGE,

Resolved, unanimously, That from an unfeigned respect to the late GEORGE CLINTON, Vice President of the United States, and President of the Senate, the Speaker's chair be shrouded with black during the present session: And, as a further testimony of respect for the memory of the deceased, the members will go into mourning, and wear black crape on the left arm for thirty days.

On motion of Mr. TALLMADGE,

Resolved, unanimously, That the members of this House will attend the funeral of GEORGE CLINTON, deceased, the Vice President of the United States, to-day at four o'clock.

And the House adjourned.[29]

FRIDAY, April 24.

Corps of Engineers.

The House resumed the consideration of the bill making further provision for the corps of Engineers, which had been amended in Committee of the Whole, so as to authorize the appropriation therein made to be disbursed "at such place as may be designated by the President of the United States for that purpose."

Mr. GOLD spoke against a concurrence in this amendment at some length, and was followed on the same side by Mr. SMILIE and Mr. WIDGERY; to whom Mr. KEY, Mr. WILLIAMS, and Mr. WRIGHT replied.

The discussion principally involved the respective merits of West Point and Washington City (to which place it was supposed, probably, that the Executive might deem it expedient to remove the Academy) as proper sites for a Military Academy. The question on the amendment was decided by yeas and nays. For the amendment 63, against the amendment 56.

Mr. W. ALSTON moved an amendment contemplating the establishment of the Academy at Carlisle, in Pennsylvania, a place which he stated to be more eligible, in point of economy, convenience, and comfort, than West Point.

Mr. GOLD opposed the motion.

A motion was made by Mr. LITTLE to recommit the bill, and negatived.

Mr. FINDLAY spoke in favor of the motion.

Mr. BAKER suggested the propriety of locating the Academy at Harper's Ferry; and because, if the Academy must be removed, he thought Harper's Ferry preferable to Carlisle, he should vote against the motion.

Mr. RHEA made a motion which he said would put an end to all these propositions to amend the bill, viz: to postpone the bill indefinitely. The motion was negatived--yeas 32.

The question was then taken--"Shall the amendments be engrossed, and, together with the bill, be read a third time?" and decided in the affirmative.

WEDNESDAY, April 29.

Relief of Caraccas, &c.

Mr. MACON submitted for consideration the following resolution:

"Resolved, That the Committee of Commerce and Manufactures be instructed to report a bill authorizing the President of the United States to cause to be purchased ---- barrels of flour, and to have the same exported to some port in Caraccas, for the use of the inhabitants who have suffered by the earthquake; and also authorizing him to cause to be purchased ---- barrels of flour, and to have the same exported to some port in Teneriffe for the use of the inhabitants who are likely to starve by the ravages of locusts."

To the adoption of the first clause of this resolution, there was no objection made by any one; but a desultory debate took place on incidental points and on the merits of the last clause.

Mr. RANDOLPH made a speech of some length in favor of the object of the proposed resolution, but going to show that the aid the Government could afford would be ineffectual to relieve famine, if it existed; and that unquestionably the most effectual relief that could be afforded on our part to the wretched and unfortunate people of Caraccas would be a suspension, as to them, of our restrictive system. He, therefore, moved to amend the resolution by adding to the end of it the words "and to authorize vessels laden with provisions to clear out for any port of the aforesaid country."

Mr. CALHOUN expressed his regret that this proposition to aid the cause of humanity could not be permitted to pass without the intermixture of party feelings, which the motion and speech of the gentleman from Virginia, he thought, were calculated to excite. He was opposed to the amendment, which he conceived would virtually repeal the embargo, and he hoped, as there could be no probability of adopting it, he would withdraw it. Mr. C. said he had doubts about the latter clause of the resolution; because, as to the distress at Teneriffe, the House had no other information than a newspaper report, whilst of the scarcity of provisions at Caraccas they had accurate information.

Mr. RANDOLPH defended himself against the imputation of a desire to excite party feelings, &c., and declined withdrawing his amendment, because he believed its adoption to be essential to the accomplishment of the object of the original motion. He also made a number of observations on the impatience which gentlemen of the minority were listened to in the House, and the frequent interruptions they were in the habit of meeting with, &c.

Mr. MACON spoke against the amendment, which, if adopted, would compel him to vote against his own motion. The restrictive system, he said, would not be of long duration, and, when it expired, provisions in plenty might be exported to South America and elsewhere; so that there was very little necessity for suspending the embargo law, which was only adopted preparatory to a different state of things. The clause in the resolution relating to Teneriffe, he said, had been added at the suggestion of another member.

Mr. CALHOUN again spoke against the amendment, and in reply to Mr. RANDOLPH'S imputation of intolerance to the minority. This course of discussion he deprecated, as not comporting with the sacred cause of distant and oppressed humanity, &c.

Mr. SMILES made some remarks in reply to an observation of Mr. RANDOLPH, that the donation by the British Parliament of a hundred thousand pounds to the sufferers by an earthquake in Portugal, some years ago, was an act almost sufficient to purchase absolution for all the sins of that Government. Mr. S. cited instances of similar conduct in this country, in much smaller communities; and expressed his regret that gentlemen chose to appreciate every act of other Governments, without allowing merit to their own for acts much more praiseworthy.

The question on Mr. RANDOLPH'S motion to amend, was negatived--yeas 30, nays 74.

Mr. BLACKLEDGE proposed to add "corn and rice" to the flour to be exported.

Mr. MACON thereon modified his resolution so as to authorize the exportation of "provisions," instead of "flour," which would include all descriptions of breadstuff.

The question was taken on the first clause of the resolution, viz: so much as relates to Caraccas, and carried unanimously.

The question was taken on the remainder of the resolution, viz: so much as relates to Teneriffe, and negatived--for its adoption 47, against it 57.

So it was Resolved, That the Committee of Commerce and Manufactures be instructed to report a bill authorizing the President of the United States to cause to be purchased ---- barrels of provisions, and have the same exported to some port in Caraccas, for the use of the inhabitants who have suffered by the earthquake.

Mr. RANDOLPH adverted to the uncertainty as to the fact, which he supposed had caused the rejection of the clause of the resolution relating to Teneriffe, and offered the following resolution, in a form calculated to produce the proper inquiry:

"Resolved, That the Committee of Commerce and Manufactures be instructed to inquire whether any, and what relief ought to be extended to the inhabitants of the Canary Islands, who are suffering by famine occasioned by locusts."

Mr. NEWTON said, as this motion only proposed inquiry, and was not, like the other, peremptory, he hoped it would pass.

And the resolution was agreed to.

MONDAY, May 4.

Relief for Venezuela.

On motion of Mr. NEWTON, the House resolved itself into a Committee of the Whole on the bill for the relief of the inhabitants of Venezuela.

[The bill authorizes the President to cause to be exported such quantity of provision as he may think proper, for the relief of the inhabitants of Venezuela, suffering by the effects of an earthquake.]

Mr. NEWTON proposed to fill the blank for the appropriation with the sum of $30,000.

Mr. PITKIN inquired for the official information, which might have been laid before the committee, on the subject of the distress existing at Caraccas.

Mr. NEWTON, in reply, said, that there were many private letters in confirmation of the facts, and also a letter from our Consul, &c. Some of which were read.

Mr. CALHOUN moved to fill the blank with fifty thousand dollars, which he thought would be little enough to effect the object in view.

The question on the latter motion was decided in the affirmative, 45 to 29.

The committee rose, and reported the bill; which was ordered to be engrossed for a third reading this day, which was subsequently done, and the bill passed.

WEDNESDAY, May 13.

Recall of Absentees.

Mr. WILLIAMS said he rose to make a motion, the object of which was in itself so clear, that he believed there was no necessity for illustrating it. There was but one objection that he was aware of, and that was, that there was no precedent for it; but if that should be urged, he would reply that there never was before a crisis requiring it. The motion was--

Resolved, That the Speaker be directed to address a letter to each member of the House now absent, requesting his attendance prior to the first day of June.

Mr. GRUNDY, said the object of the motion, no doubt, was a correct one. He should, therefore, vote for the motion as it now stood, but would prefer a modification of it. On what particular day it would be proper to have every member in his place, could not be foreseen with certainty by any one. To fix on a day, however, would be as much as to tell the members we do not want them earlier, and would put it out of our power to act prior to that day. But, on the other hand, should we not be ready to act on that day, is it not pledging ourselves that we will then act, whether we are ready or not? It would be as well to request the attendance of members immediately, and then we shall not stand committed either to act on or before that day. He hoped there would not be an absent man on the occasion of voting the final measure; though he should consider such a vote as a completion of what was already begun, and not a determination of the course to be pursued, which question he considered as decided in the anterior measures already adopted.

Mr. ROBERTS said the call of the House met his perfect approbation; but, in its present form, he should be constrained to vote against it. He was not afraid that it would be considered a pledge to act on a certain day; but the members near home, after it was passed, would take the opportunity of the interval to visit their homes, and leave the House without a quorum. He, therefore, moved to amend the resolution, so as to request the attendance of the members forthwith.

This motion was agreed to--ayes 47.

After some objections by Mr. STANFORD to the phraseology of the resolution, it was passed without a division, there not being more perhaps than five dissenting voices.

FRIDAY, May 22.

Judge Toulmin.

Mr. POINDEXTER, from the select committee, made the following report:

The committee to whom was referred the letter of COWLES MEAD, Speaker of the House of Representatives of the Mississippi Territory, enclosing a presentment of the Grand Jury of Baldwin county, in said Territory, complaining of the conduct of Harry Toulmin, Judge of the District of Washington, in said Territory, beg leave to submit the following report:

That the charges contained in the presentment aforesaid, have not been supported by evidence; and from the best information your committee have been enabled to obtain on the subject, it appears that the official conduct of Judge Toulmin has been characterized by a vigilant attention to the duties of his station, and an inflexible zeal for the preservation of the public peace and tranquillity of the country over which his judicial authority extends. They therefore recommend the following resolution:

"Resolved, That it is unnecessary to take any further proceeding on the presentment of the Grand Jury of Baldwin county, in the Mississippi Territory, against Judge Toulmin."

The report was read and concurred in.

WEDNESDAY, May 27.

_Renewal of Whitney's Patent Right to the Cotton Gin Invention._

The House resolved itself into a Committee of the Whole on the bill "for the relief of Eli Whitney."

Mr. BIBB avowed his opposition to the principle and details of the bill, and moved to strike out as much as provided for renewing Whitney's patent right to the machine for ginning cotton. Mr. B. said, that, although the bill assumed the character of a private act, it involved considerations of great national concernment. If, sir, said he, the committee will take the trouble to consider it attentively, in all its relations, I am persuaded the motion submitted will not have been made in vain. The object of granting patents is clearly defined by the constitution to be the promotion of science and useful arts. The effect of such promotion is obviously the advancement of public improvement and prosperity. All the authority which Congress possesses over this subject, is derived from the following provision: "Congress shall have power to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." Here are two distinct propositions: 1. The delegation of power to promote science and useful arts; 2. And a description of the mean authorized to be employed. The benefit proposed to inventors is evidently not the object in view, but the mean whereby the end may be accomplished; it is the incitement offered to genius and talent, for the purpose of general advantage; it is the price paid by the people of the United States for the disclosure of useful inventions. To legislate, therefore, correctly, on the subject, it is indispensable that this distinction between the mean and the object should be kept constantly in view. So long as patents are granted for the promotion of science and useful arts, the intent and meaning of the constitution are fairly pursued; but whenever they are allowed with any other view, there is a manifest departure from the limit of authority to which Congress is confined. Sir, the framers of the constitution were sensible that monopolies were odious every where, and that they would be particularly so to the people of this country. Hence the limitation imposed, which permits monopolies only in an expressly-defined case, and for a limited time. The constitution declares, that "all powers not delegated to the United States, nor prohibited to the States, are reserved to the States or to the people." It is also the rule of construction, universally admitted, that the enumeration of powers excludes all powers not enumerated. I maintain, then, that the constitution having clearly designated the object for which, and the parties to whom, exclusive rights may be granted, for limited times, Congress is restrained within those precise bounds. If there can be a legitimate departure from them in one case, the restraint becomes wholly nugatory. The doctrine which deprives Congress of the power to establish banking monopolies, equally forbids them in every case, and for every purpose, other than those specified in the clause to which I have adverted.

If, therefore, I establish the position that the proposed renewal of Whitney's patent is neither intended nor calculated to promote science or useful arts, I shall have succeeded in showing that this bill ought to be rejected.

Permit me to inquire, in the first place, how the object of the constitution may be attained? By pursuing the principle which has heretofore governed the Legislature. The statute securing patent rights must be general in its application, holding out inducements to the inventive faculties of all, and prospective in its operation. It must grant monopolies for a limited time to future and not past discoveries. The term during which the exclusive rights shall continue, should be sufficiently long to afford the necessary incitement to the exertions of genius, to promise an adequate reward for the labor of invention. Whether fourteen years, as now fixed by law, be the proper term, is a question on which gentlemen may rationally differ in opinion. It is worthy of remark, however, that under the existing statute, the progress of invention in the useful arts has been more rapid in the United States than in any other country on the globe. Still, if necessary, Congress is competent to extend by a general provision exclusive rights to future inventors for a longer time; but the renewal of a patent for a discovery already made and in use, stands on distinct grounds. In the one case, the progress of science and useful arts (the object for which alone patents are constitutional) would probably be promoted; but in the other, the invention being already made and disclosed, public improvement cannot possibly be advanced by taking away its benefit from the community. Is the object of this bill to promote science or the useful arts? The candor of its advocates will answer the question in the negative. It is to promote the interests of Mr. Whitney at the public expense--to convert the mean prescribed by the constitution into the end. If the renewal of a patent in a special case would furnish an adequate stimulus to the exertions of other ingenious men, it might be urged with some appearance of plausibility; but no man will assert that one or two accidental cases of this sort, out of the many thousand patents which are issued, would have any influence on the expectations of others. It follows, therefore, that the passage of the present bill will be a departure from the intent and meaning of that instrument, which is the fountain of our authority.

Sir, there is another view of this subject in relation to policy, to which I beg leave to ask the attention of the committee. In this widely-extended country, the pursuits of the people are various and diversified. In one section cotton is cultivated, in another hemp, and in a third wheat. Suppose patents are obtained for valuable improvements relative to these articles, either in the instruments of cultivation or of preparation for market. The patentees are entitled by law to exclusive rights for fourteen years. For the improvement concerning the article of cotton only, the patent is extended to twenty-one or twenty-eight years, as now proposed, while exclusive rights to the other inventions are permitted to expire. What is the consequence? The people of one section of the Union are subjected in their pursuits to the privations incident to monopolies, for that term; while those of another section similarly situated are exempted from all restraint at the expiration of the first patent. I appeal to the candor and magnanimity of this assembly to determine whether such a course of proceeding be not manifestly unjust, and utterly incompatible with that equality of rights guarantied to the respective States. The constitution imposes uniformity of taxation for the purpose of avoiding the injustice and oppression towards particular States, which the extension of patent rights, in special cases, is calculated to produce. The fact cannot be disguised, that the operation of this bill will be to levy a tax on the people of Georgia, the Mississippi and Louisiana Territories alone; and if it passes, it will be owing to that circumstance. I know enough of human nature, and have seen much in the course of my acquaintance with legislative proceedings, to satisfy my mind, that if cotton were cultivated in a few large States, this bill would certainly be rejected. Does any man believe that if the large States of Virginia, Pennsylvania, New York, and Massachusetts, were concerned in this thing, as are those portions of the Southern country I have mentioned, the application of Mr. Whitney for a renewal of his monopoly would be successful? No, sir; and I urge this consideration for the purpose of showing the impolicy of extending patents in special cases, inasmuch as it puts it in the power of Congress by such a regulation to give a preference to one section of the Union over another, and because the power will never be exercised in cases affecting a particular and comparatively small portion of the community. Enact a general law on the subject of patents--make what provision you please in relation to future discoveries, and none can complain. Whether improvements shall be made interesting to this, that, or the other section of the nation, will be left to chance; when made, the monopolies will be equal in their duration, and all will be equally exempt from partiality or oppression.

There is another aspect, Mr. Chairman, in which the provisions of the bill now before the committee are manifestly unjust. The Legislatures of Tennessee and the two Carolinas purchased, during the term of Whitney's late patent, the right of using in those States his invention for ginning cotton. The fact will not be denied, that the price paid was proportionate to the extent of time for which the patentee held the exclusive right. Now it is proposed to re-grant to Whitney the monopoly for an additional term of years, so far as relates to my constituents, while the three States I have mentioned are expressly exempted from its operations. It is true, the Legislature of Georgia did not enter into any arrangements with the patentee on the subject, but it will be perceived that all persons who erected machines without permission, during the fourteen years, are left by the bill subject to prosecution. The effect, therefore, will be to impose a restraint relative to the same object on one State for twenty-one or twenty-eight years, while other States are exempted at the expiration of half that term. I know, sir, that unfavorable impressions exist on the minds of many gentlemen concerning the conduct of Georgia in this affair; and I fear they may have much influence on the decision of the question. Whether the Legislature ought or ought not to have followed the example of the legislatures of other States, is a question which belongs exclusively to that body to determine. Your patent law imposed no obligation on the subject, and they had the right to do so or not, as they pleased. Having done nothing which they had not a right to do, and omitted nothing which they had not the right to omit, I cannot consent to any unauthorized control of this House over their proceedings. That Mr. Whitney's invention has been highly important to the Southern country I freely admit, and that he deserves much for his useful labors, none can deny; but, if the conduct of Georgia has not been so liberal towards him as some gentlemen think it ought to have been, an apology may be found in the resentment which his conduct was calculated to excite. When his machine was first erected in Georgia, as I have understood, he refused to sell his patent right upon any terms or for any price. It was determined to monopolize every pound of cotton at an enormous premium, and arrangements were made for that purpose. To that circumstance, and the opinion which prevailed, that the invention was not new, is to be attributed the course of proceeding, now made the subject of complaint. The imprudence of Mr. Whitney, or, perhaps, of his partner, could not fail to have produced feelings of resentment rather than of liberality towards them. I repeat, however, that the conduct of Georgia has no connection with the present question. The United States never guarantied to any patentee the receipt of any given sum for his invention, nor gave any pledge that his exclusive right should in no instance be violated. They have enacted laws for the security of patentees, provided a remedy for violations of their rights in all cases, and a tribunal before which that remedy may be sought. To that tribunal--the courts of the United States--Mr. Whitney should be referred for redress. This is not a time for exciting State jealousies and individual resentments among ourselves. Policy, and that conciliatory spirit which ought to guide our deliberations, unite in prescribing a different course, and I do trust that prescription will not be disregarded on the present occasion.

But, sir, there is still another and more important view of this subject, on which alone I probably might have relied. The patent of Mr. Whitney expired about four years ago, and an unqualified right to the invention was thereby vested (as I shall show) in the people of the United States. Under such circumstances, it is my purpose to prove the proposed renewal manifestly unconstitutional. I presume it will be admitted, that, without the provision of the constitution on the subject, and the law pursuant thereto, no exclusive rights would belong to inventors. It is true the inventor would be entitled to his particular machinery, but other persons would not be prohibited from imitating it, and consequently his right to his discovery would not be exclusive. In a state of nature, occupancy gives a right to soil, upon the ground of supposed labor on the part of the occupant in taking possession. The right and the occupancy, however, are inseparable. If the latter be abandoned, the former ceases to exist--the soil becomes common to all, and may be appropriated to another's use. The natural law in regard to inventions is the same. So long as the inventor is alone in the possession of a knowledge of his discovery, he is the occupant, and has an exclusive right. But the moment he discloses that knowledge to the public he abandons his occupancy, and the invention becomes subject to the use of others. This principle is recognized by the constitution itself, and fully established also in other countries. The express delegation of power to secure to inventors the exclusive right to their discoveries, admits that without it no such right would exist after disclosure. In Great Britain the doctrine is perfectly settled. If gentlemen will turn to the famous case of literary property, Millar vs. Taylor, which was argued with great ability, and decided with unusual deliberation, they will be satisfied of the fact.

The court were divided on the particular question pending before them, and gave their opinions separately and very much at large. On that occasion it was determined that the publication of a literary work did not of itself divest the author of the exclusive right, nor authorize others to republish it for their advantage without his consent. But it was admitted, as a point fully and entirely settled, that the principle did not apply to mechanical inventions; that the disclosure of a mechanical invention did divest the inventor of his exclusive right to such inventions, and that the public became entitled to all the benefits which could be derived from it. A later decision of the highest courts of the Kingdom on another case, has placed the question of literary property on the same footing with the mechanical inventions. The principle of these decisions is, that the disclosure of an invention amounts to a relinquishment of exclusive use, it is an implied right to the public. And if such be the doctrine in Great Britain, under a Government the foundation of which is monopoly and exclusive privileges, it cannot be otherwise among this people, the fundamental principle of whose Government is, equality of right and exclusion of monopolies. I contend, then, sir, that if the disclosure of an invention vests in the public a right to use it without restraint, much more strongly is that right vested after the expiration of a patent. In the one case the public are invested with a common or equal right by an implied gift, and in the other by contract. The very condition on which patents are granted is, that, at the expiration of the term authorized by law, the people shall be entitled to the free use of the invention; and, to secure this right to the people, such a specification of the machinery employed is required at the time of issuing the patent, as will enable others to understand and imitate it with success. Need I undertake to prove that, from the moment Whitney's patent expired, his exclusive right ceased to exist? None will deny the fact. Is it necessary to show that the right which was exclusive during the patent, is now the common right of all? It will be admitted that every man in the United States has at this moment as perfect a right to erect gins on Whitney's plan, as to build a house or make any implement of agriculture. The question then presents itself, has Congress the power to divest the people of that right? I say no, sir; to renew a patent after it has expired, is to establish a new principle unauthorized by the constitution. To secure a pre-existent right is one thing, but to divest the people of the United States of their right, and vest it in an individual, is quite a different affair. "Congress shall have power to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." What is the import of this provision? An inventor while in the sole possession of the knowledge of his invention has the exclusive right to it, without the intervention of law; but when that knowledge is disclosed to the public, the exclusive right would cease to exist. Therefore, for the purpose of affording a stimulus to ingenuity, and of obtaining disclosures of useful discoveries, Congress is authorized to provide by law for securing that exclusive right for a limited time after disclosure, which previously existed in the inventor, and which enabled him forever to withhold his invention from the public. The disclosure is the great object to be attained; the security of the exclusive right before existing, but which would be lost without such security, by the act of disclosure, is the mean authorized to be employed. Is there no difference between protecting an existing right, and taking away a right from one party for the purpose of vesting it in another party? The States composing the Union are now entitled to the benefit of Whitney's invention, and may make whatever regulations concerning it, within their territorial limits, they please. Will it be said that because the power is delegated to Congress to promote useful inventions and to obtain their disclosure to the public, by holding out the inducement resulting from the security of a monopoly for a limited time, therefore the States may be constitutionally deprived of their unquestionable rights? Surely not. Hence, I conclude that the power of Congress over this subject has terminated by their own act, and that to resume it would be an unconstitutional encroachment on the rights of the respective States. Sir, the power given to Congress on the question of patents is similar in extent and in every other view to that which in England is vested in the King. He is empowered to grant patents for new and useful inventions for a limited time, but it is held that when that time expires, such inventions belong to the public. "If a patent be granted in case of a new invention, the King cannot grant a second patent, for the charter is granted as an encouragement to invention and industry, and to secure the patentee in the profits for a reasonable time; but when that is expired, the public is to have the benefit of the discovery."--10 Mad. Rep. 110. It is also laid down in Bull N. P. 76, that among the general questions of patents, the first is--"Whether the invention were known and in use before the patent." Such is the English law, and the statutes of the United States heretofore passed are founded on the same principle. The existing statutes make it an indispensable condition to securing an exclusive right, that the invention shall not have been "known or used before the application;" for a patent itself reads thus: "Whereas A. B., a citizen, &c., hath alleged that he has invented a new and useful improvement, being [here insert a description of the invention] which improvement has not been known or used before his application," &c. It is then perfectly clear, that our predecessors who have legislated on this subject considered a public disclosure of an invention an abandonment of all claim to the exclusive use; that they understood the object of the constitution to be the advancement of national improvement; and that when the public are in possession of any important discovery they could not be divested of it. Suppose the inventor of that useful instrument the screw-auger, who was an inhabitant of New England, and who never solicited a patent for it, should now make application. Your law excludes him because his invention is known and in use. And I call on gentlemen to show how the progress of science or useful arts, or individual justice, would be less promoted by granting a patent in that case, than in the present application. Certainly a man is not less entitled to the bounty of Congress who has given to the public the results of his labors, than he who has enjoyed the benefit of a monopoly for fourteen years; nor will it be asserted that the right of the community to an invention is less complete from the expiration of a patent, than from the bare act of disclosing it.

Mr. SEYBERT said he did not know that the bill for the relief of Mr. Whitney could be acted upon this day; indeed, it was not his intention to make any observations on the subject, until the motion for striking out a portion of the bill was made by his friend from Georgia, (Mr. BIBB;) he therefore hoped the House would pardon him for the desultory and confused remarks which he should impose upon the patience of the House. He came from a State whose interests were nowise concerned in this question, and therefore he stood as an impartial advocate in favor of the patentee; his feelings could not permit him to remain quiet on the question; by him the machine of Mr. Whitney was viewed as a stupendous monument of human invention--great mental exertion alone could produce results like this, and he appealed to the House as to the propriety of granting the prayer of the petition as reported in the bill. It was, he conceived, not a favor, but justice, which the passage of this bill would render to Mr. Whitney. If he was correctly informed, Mr. W. received but a trifling compensation for his labors; that, in the case of the State of Georgia, he expended $20,000 more in prosecuting law-suits, than he had ever been paid in that State. Mr. S. continued--he was informed that in South Carolina Mr. Whitney had met with some persecution; the assembly of that State originally purchased the right to use the machine for the sum of $50,000, which was to be paid by regular annual instalments. In the following year Mr. W. visited South Carolina for the purpose of receiving the second instalment, when, instead thereof, he discovered that a Legislature lately assembled had repealed the law formerly enacted on the subject; and, instead of receiving a second instalment, the Legislature ordered that he should be prosecuted for the recovery of that which he had before received. Mr. W. was saved from prison by the interference of some private gentlemen. [Here Messrs. WILLIAMS and CHEVES rose, and in conversation explained to the satisfaction of Mr. S. that the statement made was not accurate; that the delay and difficulties caused by the proceedings of the Legislature of South Carolina, were owing to well-grounded suspicions, at that time, that Mr. W. was not the inventor of the cotton gin, and that he had in some respects failed to comply with the conditions prescribed by the law.] This explanation was satisfactory to Mr. S., and he observed, had he known in time that he would have taken a part in this debate, he should have considered it his duty to consult his friends from South Carolina on this subject. He further stated that Mr. W. had informed him that, in the final adjustment of this affair, the State of South Carolina had rendered him ample justice. He regretted the necessity of mentioning States in debate--he would quit this part of the subject, and proceed to communicate those facts which had made an impression on his mind in favor of the bill. He would first quote the authority of Judge Johnson in his decision of the case of Whitney vs. Carter. Here Mr. S. read as follows, from page 128: "With regard to the utility of this discovery, the court would deem it a waste of time to dwell long upon this topic. Is there a man who hears us who has not experienced its utility? The whole interior of the Southern States was languishing, and its inhabitants emigrating for want of some object to engage their attention and employ their industry, when the invention of this machine at once opened views to them, which set the whole country in active motion. From childhood to age, it has presented us a lucrative employment. Individuals who were depressed with poverty, and sunk in idleness, have suddenly risen to wealth and respectability. Our debts have been paid off; our capitals increased, and our lands are trebled in value. We cannot express the weight of obligation which the country owes to this invention; its extent cannot now be seen." These were the sentiments of a gentleman residing in the State of South Carolina; from this their justness may be estimated. Mr. S. continued--he could not stop here. Foreign writers prove the absolute necessity of this machine, to bring the particular species of cotton to market, which constitutes nine-tenths of that which the United States could furnish. He would, in proof of this declaration, read from Edwards' History of the West Indies, vol. 2, page 265, as follows: "Green seed cotton is of two species; of one of which the wool was so firmly attached to the seed, that no method has hitherto been found of separating them, except by the hand; an operation so tedious and troublesome, that the value of the commodity is not equal to the pains that are requisite in preparing it for market. This sort, therefore is at present cultivated principally for supplying wick for the lamps that are used in sugar boiling, and for domestic purposes; but the staple being exceedingly good, and its color perfectly white, it would doubtless be a valuable acquisition to the muslin manufactory, could means be found of detaching it easily from the seed." Whilst the mind of Mr. Edwards was thus occupied in London, that of Mr. Whitney in the United States effected this valuable desideratum. Mr. W.'s machine was brought to perfection in 1792. Mr. S. dreaded the further fatigue of the House, but he could not refrain from stating some additional facts. Consult, said he, your Treasury reports, and there you will find that, in the year 1810, there was exported from the United States 93,000,000 pounds of cotton, of which 84,000,000 pounds was of the species mentioned by Edwards. Without the gin of Whitney, or some machine equivalent thereto, not a single pound of the 84,000,000 pounds could have been sent abroad--thus would the United States have found themselves deprived of the annual income of $15,000,000, without taking into view 16,000,000 pounds of cotton consumed in our country. Can we do too much for this man? Let us render him but ordinary justice and pass the bill. Let us, said Mr. S., consider the benefits resulting from the application of useful machines in Great Britain. Take a view of that of Arkwright. If, said Mr. S., his memory did not deceive him, in the year 1755 the cotton manufacture of Great Britain was ranked among the lowest of her domestic branches, and did not value more than £200,000 sterling annually; in 1809, that nation derived thirty millions pounds sterling from her industry in this way. England well knows her interest, and she fosters her arts. Let us in this respect follow her example, by doing justice to the genius of our countrymen. But for the spinning machinery invented by Arkwright, and the gin of Whitney, the cotton manufacture might at this time remain in a state of comparative obscurity. Very little will be observed on the constitutionality of the question. He would apprize his friend from Georgia of an error which he had fallen into, in confounding monopolies with patent rights. In the United States they were distinct things; and whilst on the one hand the Constitution of the United States has guarantied to inventors their inventions, in its spirit and letter it is opposed to monopolies. The renewal of a patent, said Mr. S., was not unprecedented, it was a common thing in England and France; and, in the United States, the cases of Evans and Whittemore furnished us with examples of the transaction by the Congress of the United States. Mr. S. said he would finish his remarks with the expectation that the House would pass the bill as reported.

The committee rose, and had leave to sit again.

THURSDAY, June 11.

Amy Dardin.

The House then resolved itself into a Committee of the Whole on the report of the Committee of Claims on the petition of Amy Dardin, that it is reasonable, and ought to be granted. After some debate, the committee rose, and reported their agreement to the report; which was, after debate, concurred in by the House. For the report 64; against it 42.

MONDAY, June 22.

Additional Duties.

An engrossed bill for imposing additional duties upon all goods, wares, and merchandise, imported from any foreign port or place, was read the third time, and recommitted to a Committee of the Whole to-day.

The House accordingly resolved itself into a Committee of the Whole on the bill; and, after some time spent therein, the Committee rose and reported the bill to the House without amendment.

Mr. BIGELOW.--Mr. Speaker, it is well known that I have been uniformly opposed to the measures which have drained the Treasury of its money--more particularly to those measures of the present session, which have rendered necessary such large appropriations, and laid the foundation for an expense which no man can calculate. But, sir, as those appropriations have been made; as expenses have been and must be incurred; the means of payment must be provided. Sir, I hold it to be a sound political principle--a principle from which this Government never ought to depart--that the creation of public debt ought to be accompanied with the means of its extinguishment. This principle was strongly recommended in the administration of WASHINGTON, by the then Secretary of the Treasury, in a report to Congress on the subject of finance. He stated it to be the true secret for rendering public credit immortal, and expressed a fervent hope that the Government of the United States would always adhere to it. The arguments in favor of this principle are plain and obvious. The public credit must be supported, or the Government will lose the confidence of the people. The public credit must be supported, or you put at hazard the best interests of the country; you hazard, indeed, the very existence of the Government. In popular Governments there is always a reluctance to laying burdens upon the people. If, then, while creating a public debt, we neglect to provide the means of payment, what will be the consequence? Will it be less difficult or unpopular to do this after the debt has accumulated to an enormous amount? No, sir. Depend upon it, the longer you delay to provide the means for discharging the public debt, the greater will be the risk and difficulty of doing it. What will be the consequence of such neglect? Sir, the country will be deluged with Treasury notes; these notes will depreciate, like the old continental money--the whole history of which every one, acquainted with the history of the Revolution, knows to be a history of public and private frauds. Sir, the floodgates of corruption will be opened upon us. Already, sir, tigers and sharks are feasting, in anticipation, on their prey.

Impressed, as I am, with the importance of the principle, that the creation of public debt ought to be accompanied with the means of its extinguishment, I confess it was with no little astonishment I learnt, that doubling the duties on imported articles was the only means to be provided; that, after the House had solemnly resolved upon a system of taxation, embracing various subjects, and intended, as was stated, to equalize upon the people of the different States, as far as possible, the burden of taxation, that only one of those has been selected, and that one the most unjust, the most unequal, and the most mischievous of the whole. These remarks are not made, Mr. Speaker, from an apprehension that doubling the duties on imported articles will not effectually open the eyes of the people. Sir, it will be the most unpopular tax you can impose. The people of this country--particularly the eastern sections of it, upon whom this tax will bear peculiarly hard--are too enlightened not to know, to see, and to feel, the operation which an additional duty of 100 per cent. upon imported articles will have upon them. They are too enlightened not to know that this will be but the beginning of sorrow. Neither, sir, are they so ignorant as not to know that the five millions of dollars which it is calculated to raise by doubling the duties, will not discharge a loan of eleven millions, and Treasury notes to the amount of five millions more; much less that it will defray the expenses of the war. Yes, sir, they will at once see, that, sooner or later, other taxes must and will be resorted to. The true policy, then, of the United States is, in the outset, to lay the foundation of a sure and certain revenue, and not to depend, in a state of war, upon a revenue to be derived from a source so uncertain as that of commerce. My objection is not that revenue ought not to be raised, but to the present mode.

I have stated, sir, that this is an unjust measure. Let us for a moment look at its operation. There is, probably, at a moderate calculation, seventy millions' worth of imported goods now in the United States, which have paid only the present rate of duties. Taking the calculation of the Secretary of the Treasury as correct, that thirty-five millions of imported goods yield a revenue, at the present rate of duties, of five millions, the seventy millions now in the United States have paid duties to the amount of ten millions.

What then will be the consequence of passing this bill? The owners of the imported goods now in the United States are men who understand their own interest. The moment, therefore, you pass this bill, and impose double duties upon goods to be imported, the owners of goods now on hand will increase the price as much at least as the amount of the present rate of duties. The purchasers of these goods, therefore, will have to pay to the owners ten millions of dollars more than the present value. You will of course lay a tax of ten millions of dollars upon the purchasers and consumers of these goods, without benefiting the Treasury a single cent.

Does this, sir, comport with the principles of justice? Is it right to take from one part of the community ten millions of dollars and put it into the hands of another part? In opposing this measure, I am not advocating the interest of the merchant, but of the farmer, the tradesman, and mechanic. I am not willing that the people whom I represent, in addition to the taxes they must pay to carry on the war, should also pay such an enormous tax to the merchant.

Mr. MITCHILL expressed his sentiments as being favorable to an augmentation of the duties on imports; though he was quite unprepared to give his assent to such increase in the terms proposed by the bill.

It is therein proposed, sir, to double the existing customs. I think this is not the best way of accomplishing the object intended. The bill is brought before us for the avowed purpose of raising money. The mode proposed is, by an addition of one hundred per cent. on the sums levied upon imported merchandise. Now, although I am friendly to a revision of our tariff, and to such an amendment of it as will materially increase the receipts at the Treasury, I am very far from believing the method now proposed for that purpose is the one we ought to adopt.

I object to the plan, because it takes for granted that the rate of duties now extant in our statutes is precisely what it ought to be. This I humbly conceive is not the fact. A brief recital of our commercial system inwards, will show it. The impost, until the adoption of the constitution of 1787, belonged to the respective States. When the Government went into operation in 1789, it took the direction and the profits of the custom-houses. One of the earliest acts of the legislators, which, on that occasion, assembled at New York, was to fix the sums which each denomination or parcel of foreign merchandise should pay on being admitted into our country. This was done, in the first instance, with all the skill which the patriotism and intelligence of the members of the first Congress permitted. From session to session, and from time to time, it was altered and improved. The last memorable amendment, was, if I recollect right, in the year 1804. Then, a variety of articles which had paid an ad valorem duty were specifically enumerated and charged with duties conformably. At that time our tariff was admirably calculated to answer its several purposes. Much thought and profound knowledge had been bestowed, to mature it, and render it as complete as possible. It was at that time peculiarly and happily calculated for the good of the nation.

But eight years have elapsed since that table of duties was arranged. During that term, prodigious changes have taken place in the commercial world. The principal part of the European Continent, from the Baltic to the Mediterranean, and from the Atlantic to the Adriatic, have bowed to the sovereignty of the Emperor of the French. He has published his modern and enormous tariff, and caused it to be enforced throughout his extensive dominions. Tobacco, cotton, and other great articles of American produce, have been subjected to excessive and almost prohibitory imposts.

Memorable alterations have been made, during the aforesaid period, in the insular tariff--I mean of the British dominions. Their regulations, as relate to lumber and the heavy materials of our growth, as well as to the exportation of their own manufactures, have been materially tightened and straightened. Their charges for convoy, port accommodations, light-houses, and quarantine, are exceedingly heavy. It is high time they should be examined, and thoroughly understood.

A great change has also taken place in the colonial system. France has lost Martinique, Guadaloupe, and the Isle of Bourbon. Neither the East nor the West Indies contain any provinces owing allegiance to the Corsican Emperor. All the rum, sugar, coffee, and molasses of those productive regions, were now English--and with the English nation we were now at war. In like manner, the Batavian colonies had been forced to submit to the Mistress of the Seas; and Guiana, the Cape of Good Hope, Batavia, the Spice Islands, and all the other foreign possessions of the Dutch, had yielded to her conquering power. All their productions were now Anglican; and we could only obtain them from or through an enemy.

Our own country had been transformed, during the last eight years, into a situation exceedingly different from what it had ever been before. It has taken many strides towards independence. The soil has been more profoundly explored, and found to contain innumerable and invaluable productions, which the mineralogist examines with pride, and the economist turns to profit. The forest and the fields have been proved to rear more indigenous plants, and to be capable of maturing more exotic ones, than any observer had supposed. And the arts, trades, and manufactures, which have arisen among us, have progressed with a thriftiness of which I can cite you no example.

Mr. M. then took a survey of the three great purposes intended to be furthered by the duties on imported merchandise. The first of these was the collection of money for the Treasury; the second, was the countervailing of other nations, by accommodating our duty to theirs; and the third was to protect our infant and growing manufactures. He contended that the mode proposed by the bill now before the House was very imperfect in all these relations. It was unskilfully devised. It did not contain those evidences of care and sagacity that ought to beam in every feature. He was not willing to legislate in this way--by a hop, step, and a jump. He wished the tariff to be varied in such a manner as to suit the actual state of things, and the existing condition of society and business. With such vast changes in the commercial and manufacturing departments, both at home and abroad, who could reconcile himself to a regulation, now antiquated, and differing almost toto cælo, from the real desideratum.

Double duties on articles where great value was united to small bulk, as in watches of gold and silver, and in precious stones, pearls and jewelry of all kinds, might be an inducement to smuggling. Already we know the temptation was too great to be resisted under the present duties, and if they were augmented to the amount proposed, what evasions might not be feared?

Mr. BLEECKER.--Mr. Speaker: I was happy to observe on Saturday that the vote of the majority was not so uniform on this bill as usual. This circumstance very much fortifies the arguments urged against it on this side of the House, and proves that the opposition cannot be referred merely to the spirit of party. Indeed, sir, the objections to the increase of duty contemplated by this bill are so palpable and obvious to my mind, that I still hope it will not finally pass. It will be unequal and unfair in its operation in many respects. It will give a vast advantage to the merchants who now have goods on hand over those whose goods are not yet in the country, and which will be imported after the passage of this bill. The additional duty will by the former be added to the price of the goods, and thus an enormous profit will be given them. But this is comparatively a minor consideration. It is to be regretted, sir, that we have not a fair, just, and equal system of internal taxation, judiciously devised, with a wise reference to the feelings and temper of the people. But, in all our late plans and schemes, we appear to go on without any reference at all to the temper and feelings of the people. A revenue derived altogether from duties on imports must always be unequal in its operation on different parts of the country, and different classes of the community. There will be districts of the country--there will be whole States--in which manufactures will be carried on to a great extent; while other parts of the country, and other States, have few or no manufactures. In this respect there will be a serious inequality between manufacturing and nonmanufacturing States. Again, sir, it is said that the duty will be paid by the consumer. But it is not invariably true that the consumer pays the duty. The whole of it is sometimes paid by the consumer; it is sometimes divided between the importer and consumer, and not unfrequently falls altogether on the importer. This depends on a variety of circumstances--principally the state of the market. When the market is overstocked, a great portion of it must fall on the merchant. There must often be in this country a state of things which renders it difficult or impossible to add the amount of the duty to the price of the commodity. What the state of things, and what the market will be during the war, for which this revenue is to be provided, it is difficult to foresee; for what sort of a war we are to have, no one can tell. It will perhaps be another anomaly furnished by American politics. I believe, however, by the way, that gentlemen, who expect much of "the pride, pomp, and circumstance of glorious war," will be much disappointed.

But, sir, admitting with the gentlemen on the other side, that the additional duty provided by this bill will be paid by the consumers of imported articles, if the consumption is much more in one part of the country than in another, the burdens of the war will be imposed very unequally and unjustly. Now it was proved to demonstration by the intelligent and accurate gentleman from Connecticut, (Mr. PITKIN,) that the consumption of imported articles is much greater in one section of the country than in the other. His statement and arguments on this subject have not been denied. Indeed, the candid and honorable gentleman who advocated this bill on Saturday, (Mr. BIBB,) admitted that it would not operate equally. It will impose the burdens of the war on the Atlantic, the commercial, States. It is true, sir, that many imported articles are consumed in every part of the Union. Tea and coffee, as the gentleman from Pennsylvania (Mr. SMILIE) told us, are used in the Western country. But the great consumption of foreign goods is in the Atlantic States; and, more than anywhere else, in the Northeastern section, the most commercial States.

I know, sir, that this topic is regarded by many gentlemen as ungracious and invidious. But legislating as we are for a confederated Republic, it is worse than idle not to regard the character, situation, and interest of the people, in the several sections of the Union; and I ask gentlemen who are so ardent in the war, whose bosoms seem to glow with patriotic fire, is it just and fair to abandon the internal taxes and impose so much of the burden of the war upon the people of the Northern and Eastern States, the majority of whom are known to be opposed to it; whose hearts and souls are not in the business; who are driven, and dragged, and forced into a war, in which they will go with you no further, nor any longer, than a patriotic obedience to the constitution and laws of the country requires; a war which they consider unwise, impolitic, inexpedient, and ruinous; a war which must annihilate their commerce; that commerce to which they owe their rapid progress in population, in the arts of civilized life, in knowledge, in literature, in all that adorns and makes society valuable and interesting? From this people, in such a war, you have little to expect. While we are talking of the protection of commerce and the violation of neutral rights, they see us adopt the most effectual means to destroy all their commerce.

Another objection of no little importance, that has been urged against this bill, is its tendency to promote smuggling. Before the restrictive system, which, however well meant by many, has proved so inefficacious and ruinous, we had in this country a system of commercial morals, of which we had much reason to boast. Such was the purity and fairness of the mercantile character that in no other country in the world was the revenue arising from duties on imports so punctually paid, so easily and cheaply collected, and with the aid of so few officers. But the unfortunate policy adopted in 1806 has destroyed the purity and elevation of commercial morals. Evasions and violations of the laws are no longer disreputable. And what, sir, must be the situation of a country in which a constant evasion and open violation of the laws are not reprobated by public sentiment. The moral and patriotic observer will see with pain and mortification that we are about to add to the temptations to increase the stimulus to evasions and violations of the laws, still more to debase and degrade the commercial character of the country.

There is, sir, another important view of the subject before us at this moment. The increase of the duty, a reliance upon the impost as the means of supporting the war, in connection with the abandonment of the internal taxes, affords an instructive practical lesson on the nature of our Government. It teaches you that it is unfit for the purposes of foreign and offensive war. If gentlemen are now afraid to impose the taxes, they must believe that the people will not bear them. And, indeed, sir, few cases will occur in which the people will submit to support the burdens of an offensive war. Seldom will the Government be able to carry on such a war. But, sir, the conduct of those gentlemen of the majority who are for imposing additional duties and abandoning the taxes, proves another thing. If, when they have just entered upon the war, they hesitate, and are afraid to exact of the people the means necessary to carry it on, they must be conscious that the war is not so popular as they have imagined, for if the people are so hearty in the business as gentlemen have professed to believe, if they think the war a wise, politic, and necessary measure, they cannot be unwilling to be taxed a little for its support.

Mr. BRIGHAM.--Mr. Speaker, the protection and the regulation of commerce has become a prime object of legislation. This bill provides for the doubling of the duties on all imported merchandise.

Sir, the restrictive system has operated very severely on the commercial part of the community--it has been the source of much complaint. The commercial class of our fellow-citizens have been oppressed; they have been impoverished by the policy of their own Government, and they have been soliciting their rulers for relief. They complained of the first embargo; what did they get? why, non-intercourse. They complained of the non-intercourse, and you soon gave them non-importation; when they complained of the non-importation, they had, in addition to the evil complained of, a second embargo. They then complained and prayed for the repeal of both these laws, and you have given them a declaration of war--an open war against the United Kingdom of Great Britain and Ireland, and the dependencies thereof. They complain of this war, and you give them double duties on all imported merchandise.

Sir, commerce, and the regulation of commerce, have become the Alpha and the Omega; it is the cause of war--it is the professed object and end of war; and by this bill, you are making provision for this very class of citizens, who have been thus complaining, oppressed and impoverished, to support the war by paying double duties.

Mr. Speaker, this increase of impost is a tax which, in my opinion, will operate unjustly and unequally. It is imposing a heavier burden on the Eastern and Northern, than on the Southern and Western States.

The former are under the necessity of importing and of consuming more of the foreign manufactures, than the Southern States; and though they are a hardy race, they are not able to encounter the severities and rigors of the Northern winters without a much greater quantity of clothing than is necessary for the people in the Southern climates.

Sir, the people in the Eastern States have been reduced in their supplies; they have not been able to carry on their ordinary domestic manufactures for want of the necessary means to prepare the crude article for manufacture; and during this long session they have been memorializing Congress, and praying that they might be allowed to import the article of wire, and of such size as is not manufactured within the limits of the United States, for the making of cards, necessary to prepare cotton and wool for the making of cloth; but they have not been permitted. Many have solicited Congress for leave to import such goods and merchandise as were ordered and paid for before the issuing of the President's proclamation in November, 1810; but without success.

Mr. POTTER was in favor of a recommitment, but for other reasons than those assigned by the mover. He wished it referred, to give an opportunity to ascertain the sentiments of the House on the subject of the repeal, or the partial suspension, of the present non-importation act.

Mr. P. said he had found more pleasure in the pursuit of many of the things of this world, than in the possession of them; and he found it, in some measure, so with those who had been very zealous in the pursuit of war. They appeared to him to have taken more pleasure in the pursuit of their favorite object, than in the enjoyment of it; and he was not sorry to see that the war spirit had already began to evaporate, and the cold calculating spirit, so much reprobated at the commencement of this session, becoming more fashionable.

Mr. P. had been induced to believe from the zealous patriotism displayed this session, that this was to be a fighting, and not a trading war; that those who had so generously pledged their lives in support of the present war, would have had an opportunity of fighting, and that those who had in the same manner pledged their fortunes in support of any measure adopted by the Administration, would have an opportunity of paying.

Mr. P. thought we had commenced this war for the protection of our commerce and the encouragement of our manufactories, and not for the purpose of extending the commerce and encouraging the manufactories of Great Britain; as by this war, with the partial importation act, (contemplated for the purpose of revenue,) we at once destroy our own commerce, by placing in the hands of the English the greatest part we have at sea, leaving the remainder useless, to rot at our wharves. We destroy our manufactories of cotton by the strange selection, in our partial importation act. We give to Great Britain advantages in this war, that she has not enjoyed in time of peace. We surrender to her what many say she has been contending for--the commerce of the world--by giving her an opportunity of supplying us with her merchandise under the flag of her friends; and, in the first onset of this war, implicitly acknowledge our dependence upon them; that we cannot do without their manufactures to clothe the nation, nor without their commerce, to raise a revenue to carry on the war. Mr. P. said, if he had been in favor of this war, it would have been painful to him to be compelled to acknowledge that the people in this country, who pretended to sigh so much for war, would not bear the least privations, or consent in any event to pay taxes, but must depend upon their enemy to clothe them, and to furnish them with an indirect commerce to raise a revenue to fight them with. Mr. P. said a war thus carried on must be without an object--very ruinous to this country and of long duration; for, if Great Britain can send her manufactures into the United States at high prices, and purchase our produce almost at her own price, and be the exclusive carrier, both ways, in her own ships, under the flag of neutrals entirely under her control; she can have no object in making peace.

Mr. P. said if the non-importation act should be repealed or suspended in part, agreeable to the letter of the Secretary of the Treasury, and we are to have a trading war, we shall have a revenue sufficient to answer all our purposes, without increasing our duties at all, as we can disband our army and reduce our expenses, as the difference of expense between a trading and a fighting war will be so great that the present rate of duties will answer all our purposes; but, if the non-importation act should not be repealed or suspended, we shall have no importations of importance for the double duties to operate upon; for, if you double your duties under such circumstances, by which you raise one million of dollars, what is the operation upon the consumer? Allowing, which is certainly the fact, that the whole amount of goods in the country at this time is equal to one year's importation, which would have given the Government a revenue of at least fifteen millions of dollars, the present holder of the goods in this country will immediately add the double duties to his present price, which will be increased in consequence of the war; so that the consumers will have to pay the present holders of the goods now in this country at least fifteen millions of dollars, of which the Government's obtaining one million of dollars on future importations, you compel the consumer to pay at least sixteen.

Mr. P. said he would for a moment examine the letter from the Secretary of the Treasury on the subject of revenue, recommending a partial suspension of the present non-importation act. He calculates that, by doubling the duties on such partial importation, allowing that we should import only half as much from Great Britain in time of war as in peace, that the duties would amount to the same. Here again, you have no mercy on the consumers; as the operation in the first place will be to give Great Britain double her prices for her goods, on which the Government gets double duties, all which is to be paid by the consumer, when the price of his produce is to decrease in much the same proportion.

Mr. P. had heard much, on former occasions, about the encouragement of our manufactories, and, although he never was himself for encouraging them at the expense of the farmer, or the depression of our commerce, yet he could but lament that, after the commercial spirit of the country was almost broken down, and many of our commercial and seafaring citizens had been compelled to quit their former employment and resort to manufacturing for the support of their families, that the labor of that valuable class of citizens were next to be assailed; for, in examining the bill on our tables, in consequence of the letter of the Secretary of the Treasury, recommending the partial importation, what will be the effect upon the cotton factories? All cotton cloth under fifteen pence and over three shillings per square yard, prime cost, is to be prohibited, and all between these two prices are to be imported, so that the quality almost exclusively manufactured, and in general use in this country, is to be permitted.

Mr. P. thought this a very left-handed way of encouraging the manufactures of this country; but it seems as though every consideration in time of war as well as peace, is to be sacrificed for the purpose of collecting money from the people in a manner the most likely for them to remain in ignorance of the burdens that the Government imposes upon them.

A motion was then made by Mr. RANDOLPH to amend the bill by striking out the words "one hundred" before the words "per centum" in the first section; and the question thereon being taken, it was determined in the negative--yeas 50, nays 75.

SATURDAY, June 27.

Naturalization Law.

Mr. LACOCK said that he should not offer any subject for the consideration of the House at this late stage of the session, had he not been convinced the subject was such as required the immediate interposition of Congress. It would be found, by an examination of the naturalization laws, that, after the declaration of war with Great Britain, the courts were prohibited from naturalizing any foreigners, although they might have registered their names and resided in the country during the probationary period required by law. To these persons, it appeared, the Government was pledged, and the change of the relation between the two countries, did not lessen the obligation the Government was under to redeem that pledge, and admit those persons to the rights of citizens. It would, moreover, be recollected that, by the State laws, those persons were made subject to perform militia duty, and that, as volunteers, or otherwise, they would compose a part of our Army; and, perhaps, while in this situation, might be taken and punished as traitors by their Government. No apprehension of danger could be entertained by their admission to the rights of citizens. They were, most of them, attached strongly to our Government, and sought this country as an asylum from oppression, &c. He was, by these considerations, induced to offer the following resolution:

"Resolved, That a committee be appointed to inquire into the expediency of so amending the naturalization laws of the United States as to admit to the rights of citizenship such aliens as have emigrated from the United Kingdom of Great Britain and Ireland and her dependencies to the United States or her Territories previous to the eighteenth day of June, 1812, and that the committee have leave to report by bill or otherwise."

The resolution was agreed to, and Messrs. LACOCK, EMOTT, and TROUP, were appointed a committee accordingly.

MONDAY, July 6.

Adjournment.

A message from the Senate informed the House that the Senate have concurred in the resolution for the appointment of a joint committee to wait on the President of the United States, and inform him of the proposed recess of Congress; that the President of the United States did, this day, approve and sign "An act respecting the pay of the Army of the United States;" and that the Senate, having completed the legislative business before them, are ready to adjourn.

Mr. NEWTON, from the committee appointed to wait on the President of the United States and inform him of the proposed recess of Congress, reported that the committee had performed that service, and that the President answered, that he had no further communication to make.

Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now ready to adjourn; and that the clerk do go with the said message.

The clerk accordingly went with the said message; and, having returned, the Speaker adjourned the House until the first Monday in November next.

FOOTNOTES:

[13] LIST OF REPRESENTATIVES.

New Hampshire.--Josiah Bartlett, Samuel Dinsmoor, Obed Hall, John A. Harper, George Sullivan.

Massachusetts.--Ezekiel Bacon, Abijah Bigelow, Elijah Brigham, William Ely, Isaiah L. Green, Josiah Quincy, William M. Richardson, Ebenezer Seaver, Samuel Taggart, Peleg Tallman, Charles Turner, jr., Laban Wheaton, William Widgery, Leonard White.

Rhode Island.--Richard Jackson, jr., Elisha R. Potter.

Connecticut.--Epaphroditus Champion, John Davenport, jr., Lyman Law, Jonathan O. Mosely, Timothy Pitkin, jr., Lewis B. Sturges, Benjamin Tallmadge.

Vermont.--Martin Chittenden, James Fisk, Samuel Shaw, William Strong.

New York.--Daniel Avery, Harmanus Bleecker, Thomas B. Cooke, James Emott, Asa Fitch, Thomas R. Gold, Robert Le Roy Livingston, Arunah Metcalf, Samuel L. Mitchill, Benjamin Pond, Peter B. Porter, Ebenezer Sage, Thomas Sammons, Silas Stow, Uri Tracy, Robert Whitehill.

New Jersey.--Adam Boyd, Lewis Condit, Jacob Hufty, James Morgan, George C. Maxwell, Thomas Newbold.

Pennsylvania.--William Anderson, David Bard, Robert Brown, William Crawford, Roger Davis, William Findlay, John M. Hyneman, Joseph Lefevre, Aaron Lyle, Abner Lacock, James Milnor, William Piper, Jonathan Roberts, William Rodman, Adam Seybert, John Smilie, George Smith, Robert Whitehill.

Delaware.--Henry M. Ridgely.

Maryland.--Stevenson Archer, Joseph Kent, Philip Barton Key, Peter Little, Alexander McKim, Philip Stuart, Samuel Ringgold, Robert Wright.

Virginia.--Burwell Bassett, John Baker, James Breckenridge, William A. Burwell, Matthew Clay, John Clapton, John Dawson, Peterson Goodwyn, Thomas Gholson, Edwin Gray, Aylett Hawes, John P. Hungerford, Joseph Lewis, jr., William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, jr., John Randolph, John Roane, Daniel Sheffey, John Smith, John Talliaferro, Thomas Wilson.

North Carolina.--Willis Alston, William Blackledge, Thomas Blount, James Cochran, William Rufus King, Nathaniel Macon, Archibald McBride, Joseph Pearson, Israel Pickens, Richard Stanford, Lemuel Sawyer.

South Carolina.--William Butler, John C. Calhoun, Langdon Cheves, Elias Earle, William Lowndes, Thomas Moore, David R. Williams, Richard Wynn.

Georgia.--William W. Bibb, Howell Cobb, Bolling Hall, George M. Troup.

Kentucky.--Henry Clay, Joseph Desha, Richard M. Johnson, Samuel McKee, Anthony New, Stephen Ormsby.

Tennessee.--Felix Grundy, John Rhea, John Sevier.

Ohio.--Jeremiah Morrow.

Mississippi Territory.--George Poindexter, Delegate.

Indiana Territory.--- Jonathan Jennings, Delegate.

[14] Joseph Hamilton Davies, commanding the cavalry in the expedition to Tippecanoe, where he was killed in a night charge upon the Indians.

[15] Where he became a member of the Canadian Parliament, and as zealous for King George as he had been in Congress for Mr. Jefferson after his sudden conversion to the Republican party and its offices. When Mr. Randolph would be taunted with his abandonment of Mr. Jefferson, he was accustomed to say that he left him when Barnabas Bidwell (for Barnabas was his name) joined him.

[16] Non-importation, non-intercourse, embargo.

[17] This allusion is supposed to be to Mr. HARPER, then from South Carolina.

[18] Witness Bonaparte.

[19] The primitive name of the little stream that runs at the foot of the Capitol grounds, called the Tyber since the Capitol came to its banks, and up and down which members were accustomed to walk in that early day.

[20] These salutary statutes, indispensable for the protection of the Treasury, as time was wearing out the evidence which would detect fraud, have since been disregarded by modern Congresses, carried away by a mistaken idea of justice, and the door opened to an endless succession of false claims, supported by fabricated evidence which there is no means to rebut, and plundering the Treasury for the benefit of agents who have grown up into a regular profession for the discovery, invention, and prosecution of claims.

[21] The wildest supposition of the abuse of this question, indulged in by its opponents in this debate, falls short of the reality which has since occurred, and is continually occurring in the House of Representatives; for the Senate has, thus far, succeeded in keeping this gag out of that body. In the other branch, the previous question has become the regular engine of legislation, and is constantly used by party majorities, not only to prevent discussion on the most important measures, but to prevent things from being said which the House and the country ought to know; and which, being said, might be fatal to the measure, or its authors. The only safe way of terminating useless debate is that followed in the British House of Commons. It permits all that is useful, and suppresses all that is annoying. The plainest speaker is heard while he gives information: the best is silenced when he ceases to inform, and begins to annoy. The irregular power of the House, exerted in coughing and scraping, will put an end to the harangue of the most wilful speaker.

[22] At the burning of the Theatre at Richmond.

[23] Mr. Venable.

[24] Mr. M. Clay's daughter.

[25] The annual expense of our navy already (1856) costs fifteen millions of dollars per annum; and yet all that we have got is only the beginning--the mere commencement, if naval power is intended.

[26] The events of the war of 1812, and the events of all the wars of the French Revolution, justify these opinions expressed by Colonel Daviess. These events prove that cruisers and privateers, to cut up commerce, and not fleets to fight battles, are the true American means of naval warfare.

[27] This was quite an extemporaneous method of selling an estate. To render the transaction more intelligible, it may be known that Henry was paid $50,000 at that time by the American Government for his disclosures, and it may be supposed that this impromptu purchase of "St. Martial, the Crillon estate in Lebeur, near the frontier of Spain," was a method which the two romantic friends took to divide the money which they had earned.

[28] "Mr. Calhoun has since stated to me, that the reasons given by Mr. Randolph for refusing to agree to the injunction of secrecy were, 1st. That he doubted the right of the committee to enjoin secrecy; 2d. That having just returned from Baltimore, he had heard, while in that city, that the intention to lay an embargo was already known in that city, and that the British Consul and a great mercantile house there were then acting on the information. J. Q."

[29] The practice of pronouncing funeral eulogiums on deceased members had not, at this time, been introduced into Congress.

CONFIDENTIAL SUPPLEMENTAL JOURNAL

OF SUCH PROCEEDINGS OF THE FIRST SESSION OF THE TWELFTH CONGRESS, AS DURING THE TIME THEY WERE DEPENDING, WERE ORDERED TO BE KEPT SECRET, AND RESPECTING WHICH THE INJUNCTION OF SECRECY WAS AFTERWARDS REMOVED BY ORDER OF THE HOUSE.

WEDNESDAY, April 1, 1812.

A confidential Message was received from the President of the United States, by Mr. COLES, his Secretary; which he delivered in at the Speaker's table: Whereupon, the House was cleared of all persons except the Members, Clerk, Sergeant-at-Arms, and Doorkeeper, and the doors were closed.

The Message was then read at the Clerk's table, and is as follows:

_To the Senate and House of Representatives of the United States_:

Considering it as expedient, under existing circumstances and prospects, that a general embargo be laid on all vessels now in port, or hereafter arriving, for the period of sixty days, I recommend the immediate passage of a law to that effect.

JAMES MADISON.

APRIL 1, 1812.

On motion of Mr. PORTER, the Message was referred to the committee appointed on that part of the President's Message at the commencement of the session, which relates to Foreign Relations.

And, after a short lapse of time, Mr. Porter, from the Committee on Foreign Relations, to whom was referred the above-cited Message of the President of the United States, presented a bill laying an embargo on all ships and vessels in the ports and harbors of the United States; which was read twice, and committed to a Committee of the whole House to-day.

The House accordingly resolved itself into a Committee of the Whole on the said bill; and,

Mr. BOYD then moved to amend it by striking out of the first section sixty days, and insert one hundred and twenty days. He said a gentleman declared the measure to be a precursor to war--the time will be much too short for the great amount of American property now abroad to return; the motion was negatived.

Mr. SEYBERT viewed the subject as of vast importance; he considered that the proposition came to the House in a very questionable shape; he wanted information, and he called upon the Committee of Foreign Relations to say whether it is to be considered as a peace measure or a precursor to war.

Mr. GRUNDY (one of the committee) said he was willing to answer the very proper inquiry of the gentleman from Pennsylvania, (Mr. SEYBERT,) that he understands it as a war measure, and it is meant that it shall lead directly to it; that with any other view there can be no propriety in it; as a peace measure, he had no idea that the President would have recommended it, nor would the committee have agreed to it. He hoped the gentleman from Pennsylvania would now be satisfied, and prepare his mind to vote for it.

Mr. MCKEE objected to the last section, on account of the penalties which it proposed, which he considered altogether unimportant, as it is to be a precursor to war, it being merely precautionary and for a short time. He made some other inquiries respecting the section, and why such provisions were in it.

Mr. PORTER said the bill was draughted according to the wishes and directions of the Secretary of the Treasury.

Mr. STOW said the subject before the committee ought to be considered of very great importance. If, as some gentlemen say, it is a precursor to war, there were some very serious questions to be asked--What is the situation of our fortresses? What is the situation of our country generally? He would answer, they are defenceless, particularly the fortifications in New York, which are unmanned and unarmed. He said this fact appeared by a letter now in possession of a member of the House, which has very lately been received from Judge Livingston, of New York. Mr. S. said, that to try the question whether we will now lay an embargo, he moved that the first section of the bill be stricken out.

Mr. CLAY (the SPEAKER) then warmly expressed his satisfaction and full approbation of the Message, and the proposition now before the Committee. He approved of it because it is to be viewed as a direct precursor to war. He did not wish upon this occasion to hear of the opinion of Brockholst Livingston or any other man. No gentleman can question the propriety of the proposition. Gentlemen who said so much about the want of preparation are not for war. He considered this a war measure, and as such he should discuss it. Sir, said Mr. C., after the pledges we have made, and the stand we have taken, are we now to cover ourselves with shame and indelible disgrace by retreating from the measures and grounds we have taken? He then stated our measures, our pledges, and the great injuries and abuses we have received. He said, what would disgrace an individual under certain circumstances would disgrace a nation. And what would you think of one individual who had thus conducted to another, and should then retreat? He did not think we were upon this occasion in the least embarrassed by the conduct of France in burning our vessels; that may be a subject of future consideration. We have complete evidence as to the enemy whom we have selected. As weak and imbecile as we are, we would combine France if necessary. He said there was no intrinsic difficulty or terror in the war: there was no terror except what arises from the novelty. Where are we to come in contact with our enemy? On our own continent. If gentlemen please to call these sentiments Quixotic, he would say he pitied them for their sense of honor. We know no pains have been spared to vilify the Government. If we now proceed we shall be supported by the people. Many of our people have not believed that war is to take place. They have been wilfully blinded. He was willing to give them further notice. It remains for us to say whether we will shrink or follow up the patriotic conduct of the President. As an American and a member of this House, he felt a pride that the Executive had recommended this measure.

Mr. RANDOLPH said he was so impressed with the importance of the subject and the solemnity of the occasion, that he could not be silent. Sir, said Mr. R., we are now in conclave; the eyes of the surrounding world are not upon us. We are shut up here from the light of Heaven; but the eyes of God are upon us. He knows the spirit of our minds. Shall we deliberate upon this subject with the spirit of sobriety and candor, or with that spirit which has too often characterized our discussions upon occasions like the present? We ought to realize that we are in the presence of that God who knows our thoughts and motives, and to whom we must hereafter render an account for the deeds done in the body. He hoped the spirit of party and every improper passion would be exorcised, that our hearts might be as pure and clean as fall to the lot of human nature.

He was confident in declaring that this was not a measure of the Executive--that it was engendered by an extensive excitement upon the Executive. He agreed with the gentleman from Pennsylvania (Mr. SEYBERT) that it comes to us in a very questionable shape, or rather in an unquestionable shape--whose ever measure it is, the people of the United States will consider it as a subterfuge for war; as a retreat from the battle. We some years ago resolved that we must have war, embargo, or submission--we have not had war or submitted--we must therefore have embargo. It appears to be limited to sixty days; at the expiration of that time will any one say we shall be prepared for war? Sir, we are in the situation of a debtor who promises to pay his note at the bank in sixty days--we shall prolong the time sixty days, and sixty days after that, until deferred hope makes the heart sick. He would tell the honorable Speaker that, at the end of sixty days, we shall not have war, and the reason is, the Executive dare not plunge the nation into a war in our unprepared state.

Mr. BOYD, of New Jersey, said, while he admitted the fire and spirit of the honorable Speaker, he thought he would do well to be considerate. He asked whether we were prepared to assail our enemy, or repel her attacks? He asked, whether it is wise in an unarmed nation, as we are, to commence hostilities against one so completely prepared?

The motion to strike out the first section was lost--ayes 35, noes 70.

Mr. SEYBERT said, that in voting for the several important measures which Congress have agreed to this session, he felt himself pledged to go to war; that he was in favor of an embargo as a precautionary measure and precursor to war. When we voted for the twenty-five thousand men he supposed the Executive intended war--but he has now such information from a friend in whom he confides, as leads him to believe that offensive operations are not meant. We ought to be better prepared before we engage in war. He had observed in the Baltimore papers that the British have ordered a squadron and twenty thousand men for our coast.

Mr. SMILIE expressed his surprise at the observations of his friend and colleague: he did not know from what quarter he had obtained his information, that the President does not mean war. Does he believe he has all this time been deceiving the Legislature? He had heard but one sentiment from the President, which is, that we must make war unless Great Britain relents. The President had always supposed that the embargo must precede war--the only difference has been as to the time, which has been finally compromised. The embargo is intended as a war measure. He would assure his colleague it was intended by both the Executive and the Committee of Foreign Relations. That being now up, he would observe that, at the beginning of the session, he was not so warm for war as many were, but he was for commercial restrictions. He was not for the twenty-five thousand men; but as the House have determined otherwise he would now go to war--if we now recede we shall be a reproach among all nations.

Mr. SEYBERT then said, that his intention was to resist seriously Great Britain; he would be plain; but he was not for going to war unprepared. When the bill for raising the twenty-five thousand men was before the House, it was then declared to be according to the wishes of the Secretary at War--since that time the Secretary has said it was not his wish, from which he concluded it was not the wish of the President.

Mr. RANDOLPH proposed to read, from memoranda in his possession, of what occurred in the Committee of Foreign Relations, and a conference between them and the Secretary of State; which was objected to.

Mr. BASSETT (Chairman) considered it in order.

Mr. CALHOUN appealed.

The Chairman's decision was confirmed--yeas 60.

Mr. RANDOLPH said, it will appear that the embargo is not preparatory to war, that is to say, it was not necessarily so, and of course not of the character which the Speaker has considered it. From his minutes (among other facts) it appeared that Mr. Monroe said to the committee that the President thought we ought to declare war before we adjourn, unless Great Britain recedes, of which there was no prospect. That there was conversation about an embargo. Mr. Monroe was asked by some of the committee whether the President would recommend it by message; he answered that he would, if he could be assured it would be acceptable to the House. He also said Mr. Barlow had been instructed to represent to the French Government our sense of the injuries received, and to press upon them our demands for reparation--that if she refused us justice, the embargo would leave the policy as respects France, and indeed of both countries, in our hands. He was asked if any essential alterations would be made within sixty days, in the defence of our maritime frontier or seaports? Mr. M. answered that pretty considerable preparations would be made. He said New York was in a respectable state of defence, but not such as to resist a formidable fleet; but that it was not to be expected that such a kind of war would be carried on. It was replied that we must expect what commonly happens in wars. Mr. M. said that, although a great distress and injury might take place in one part of the Union, it would not essentially affect the population or resources of the Union at large. As to the prepared state of the country, he said, in case of a declaration of war, the President would not feel himself bound to take upon himself more than his share of the responsibility. Mr. M. said that the unprepared state of the country was the only reason why ulterior measures should be deferred.

Mr. R. then said that the step we are about taking is too high a price to pay for the consistency of gentlemen who think they have gone too far to recede; it is too expensive to bolster them up in this way. He asked what will be the situation of this people in sixty days? Put your note into the bank, and see how soon it will be out. What will be the situation of this unhappy, misguided country? What would it have been for sixty, one hundred, or three hundred and sixty-five days past? He had hoped not to have seen the old story of the dog worrying the cat, &c., realized. Are the majority, in consequence of having been goaded by the presses, to plunge the people into a war by bringing them first to the whipping-post and then by exciting their spirit? He would assure the House the spirit of the people is not up to it at this time; if so, there would be no necessity of those provocations to excite this false spirit--this kind of Dutch courage. If you mean war, if the spirit of the country is up to it, why have you been spending five months in idle debate?

Messrs. GRUNDY and CALHOUN said they were not impressed with a recollection of the facts which occurred before the Committee of Foreign Relations in the same manner as had been stated by Mr. RANDOLPH. They did not recollect that Mr. Monroe said the embargo would leave the policy, as respects both belligerents, in our hands.

Mr. PORTER said he was in favor of an embargo, as a measure which ought to precede war; but it was very important that we should be prepared before we commence war. He did not believe it was possible to commence it with safety within four months from this time. Such a measure as an embargo would be of immense injury to the State of New York, on account of their flour which has gone to market.

The committee rose and reported the bill without amendment, and the question was, Shall it be engrossed for a third reading?

Mr. QUINCY then moved that the injunction of secrecy be taken off from the proceedings.

Mr. PITKIN said there was but one precedent of an embargo being passed with closed doors.

The ayes and noes were agreed to be taken on Mr. QUINCY'S motion.

Mr. WRIGHT then made a question of order on Mr. QUINCY'S motion.

The SPEAKER decided it was not in order, another question being before the House.

Mr. LITTLE then moved the previous question, which he soon withdrew.

Mr. STOW then expressed his alarm and astonishment at the course we are taking. He said the country was wholly unprepared to enter into a war within the time which had been mentioned. He warned gentlemen of their danger, and the ruin which threatened our defenceless towns. The authority which he had cited ought to have more weight than the hear-says of some young members in this House. The elections of the maritime parts of the country will put your places into the possession of your political adversaries. You may be assured you tread on deceitful ground. The intelligent party of the community at the North are against the war. There is no calculating the injury it will be to the State of New York.

Mr. BASSETT spoke in favor of the measure, and respecting the injuries we have received from Great Britain.

Mr. ROBERTS then moved for the previous question.

Mr. SHEFFEY called for the ayes and noes.

The motion for the previous question was carried--ayes 66, noes 40.

The question was, Shall the bill be engrossed for a third reading?--Carried--ayes 71, noes 30.

The question was then, on what day shall it be read?

Mr. GRUNDY moved it be read immediately.

Mr. MACON proposed to-morrow.

Mr. QUINCY said (it then being half-past seven o'clock in the evening) he had not been able to take any part in the debate; that the measure which had been thus hurried, was extremely interesting to his immediate constituents, and he was very anxious to express his sentiments upon it--but he was so fatigued with the tedious sitting, that he was unable to do it this evening, and hoped the House would indulge him until to-morrow. He would not condescend to debate such a question in the present state of the House, and he asked for the ayes and noes on Mr. MACON'S motion, which were agreed to be taken.

Mr. D. R. WILLIAMS said he was desirous to grant the request of the gentleman from Massachusetts. It was in his opinion a very reasonable one. The deportment of the other side of the House had, during the whole of the session, been very gentlemanly towards the majority; and, sir, said he, will you now refuse to give them an opportunity to express their sentiments upon a measure which, in their view, is important? He said that policy on the part of the majority ought to dictate the indulgence asked for. The majority now stand on high ground--what will be said, and what will be the consequence of a refusal? We shall lose the ground on which we now stand.

Mr. MACON was of the same opinion; he thought the minority had acted with more propriety than he ever knew in a minority.

Mr. WRIGHT objected, although he was willing to acknowledge the minority had conducted with propriety.

Mr. NELSON said it appeared to him that according to the importance of subjects, so is our precipitancy. Is the minority thus to be dragooned into this measure? For one, he wished to reflect upon it. The first intimation he had of this measure, was the Message. If it is intended as a precautionary measure, as the precursor to war, as some gentlemen have treated it, it is a question of doubt in his mind. He thought it better to arm our merchantmen; to grant letters of marque and reprisal; and repeal our non-importation law. We have already suffered enough under our restrictive system. If we pass the bill to-night, it cannot be a law until the other branch act upon it. When we are going to war, it will be well known that we have the spontaneous support of more than one-half the community.

Mr. ALSTON said he would have voted on the motion, if the gentleman had not asked for the ayes and noes; but as he appears desirous to marshal one side of the House against the other, he was not disposed to gratify him in his request.

Mr. WIDGERY declared war to be inevitable, and it ought not to be delayed; on this account he was against postponing the bill until to-morrow. If we do it at all, it ought to be speedily. It is not to be believed that argument will change a single vote. The responsibility is on the majority.

The question on reading to-morrow was negatived--57 to 54.

It was then read a third time; and on the question, Shall the bill pass? it was carried--ayes 70, noes 41.

Ordered, That the title be, "An act laying an embargo on all ships and vessels in the ports and harbors of the United States for a limited time."

Mr. GRUNDY and Mr. WRIGHT were appointed a committee to carry the said bill to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to desire their concurrence therein.

And the doors were then opened.

THURSDAY, April 2.

On motion of Mr. GRUNDY, the House was cleared of all persons except the members, Clerk, Sergeant-at-Arms, and Doorkeeper, and the doors were closed.

Mr. GRUNDY, from the Committee on Foreign Relations, presented a bill "in addition to the act, entitled 'An act to raise an additional military force, passed the eleventh of January,'" 1812, which was read twice, and committed to a Committee of the Whole to-day.

A question was made and taken, whether the provisions contained in the bill were of such a nature as to require secrecy in the discussion, and passed in the affirmative--yeas 71, nays 34.

The House then resolved itself into a Committee of the Whole on the said bill; and, after some time spent therein, the bill was reported without amendment, and ordered to be engrossed, and read the third time to-day.

The said bill was accordingly engrossed, and read the third time; and, on the question that the same do pass, it was resolved in the affirmative--yeas 73, nays 20.

Ordered, That the title be, "An act in addition to the act, entitled 'An act to raise an additional military force, passed on the eleventh of January, 1812.'"

Messrs. CALHOUN and WILLIAMS were appointed a committee to carry the said bill to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to desire their concurrence therein.

The doors were then opened.

FRIDAY, April 3.

On motion of Mr. GRUNDY, the House was cleared, and the doors were closed.

A motion was then made by Mr. GRUNDY, that the House do come to the following resolution:

Resolved, That a committee be appointed to inquire whether there has been any, and if any, what violation of the secrecy imposed by this House during the present session, as to certain of its proceedings, and that the said committee have power to send for persons, papers, and records.

And the question thereon being taken, it passed in the affirmative--yeas 106, nays 3.

Messrs. GRUNDY, TROUP, ROBERTS, BRECKENRIDGE, and TALLMADGE, were appointed the committee.

Mr. PORTER, from the Committee on Foreign Relations, presented a bill authorizing the President of the United States to appoint additional Brigadier Generals, in certain cases; which was read the first time: When a message was received from the Senate, by a committee of that body, appointed for the purpose, consisting of Messrs. BIBB and CAMPBELL, of Tennessee, notifying the House that the Senate have passed the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States, for a limited time," with amendments; in which they desire the concurrence of the House.

On motion of Mr. PORTER, the bill reported by the Committee on Foreign Relations, this day, was ordered to lie on the table.

The House proceeded to consider the amendments of the Senate to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States;" and the said amendments being read at the Clerk's table, a motion was made by Mr. LEWIS, that the said bills and amendments be postponed indefinitely.

Mr. QUINCY expressed in strong terms his abhorrence of the measure. He said that if he believed it to be a preparation for war, he should have a less indignant sense of the injury than he felt now, as he deemed it pure, unsophisticated, reinstated embargo. The limitation of sixty or ninety days gave little consolation or hope to him, because he knew how easily the same power which originated could continue this oppressive measure.

He said that his objection was, that it was not what it pretended to be; and was what it pretended not to be. That it was not embargo preparatory to war; but, that it was embargo as a substitute for the question of declaring war. It was true that it was advocated as a step incipient to a state of war, and by way of preparation for it, by gentlemen whose sincerity he was bound to respect. He could not, however, yield the conviction of his senses and reflections to their asseverations; nor declare, in complaisance to any, let them be as respectable as they might, that he saw in this measure more or less than its features indicated.

Is this embargo what it pretends to be--preparation for war? In the first place, no sudden attack is expected from Great Britain. It is not suggested that we have a tittle of evidence relative to any hostility of her temper which is not possessed by the whole community. The President has not communicated to us one document or reason for the measure. His Message merely notifies to us his will and pleasure.

An embargo, as preparatory to war, presupposes some new and hidden danger, not known to the mercantile community. In such case, when the Government sees a danger of which the merchant is unapprised, it may be wise to stay the departure of property until the nature and extent of it can be explained, but not a moment longer. For, let the state of things be that of war or peace, the principle is precisely the same. The interest which the community has in the property of individuals is best preserved by leaving its management to the interest of the immediate proprietor, after he is made acquainted with all the circumstances of the times which have a tendency to increase its exposure.

The reason of an embargo, considered as an incipient step to war, is either to save our property from depredation abroad, or keep property which we want at home. Now it happens that the nature of the great mass of our exports is such that there is little danger of depredation from the enemy we pretend to fear abroad, and little want of the articles most likely to be exposed at home. The total export of last year amounted, as appears by the report of the Secretary of the Treasury, to $45,000,000. It also appears by that report, our exports to Great Britain and her dependencies, and also to those of Spain and Portugal, were $38,500,000. Nearly seven-eighths in value of our whole exports have been, and continue to be, to the dominions of that very power from which so much is pretended to be apprehended. Now, it is well known that these articles are of very great necessity and importance to her, and whether, even in the case of actual war between our countries, Great Britain would capture them, might be questionable. But that she would capture them on the mere preparation, before one really hostile act was committed on our part, is not only unreasonable, but absolutely absurd to expect. This very commerce which, by the passing of this bill, you indicate it is her intention to prohibit or destroy, it is her obvious and undeniable policy to unite and cherish; besides, the articles are in a very great proportion perishable, which, by this embargo, are to be prohibited from going to market. Which is best--to keep them at home, to a certain loss and probable ruin, or adventure them abroad to a possible loss and highly probable gain? Ask your merchant. Ask common sense.

But it is said "we must protect our merchants." Heaven help our merchants from embargo-protection! It is also said that "the present condition of things has been brought upon the country by the merchants; that it was their clamor, in 1805 and 1806, which first put Congress upon this system of coercive restriction, of which they now so much complain." It is true that, in those years, the merchants did petition; not for embargo, not for commercial embarrassment and annihilation, but for protection. They, at that time, really thought that this national Government was formed for protection, and that it had at heart the prosperity of all the great interests of the country. If "it was a grievous fault, grievously have the merchants answered it." They asked you for relief, and you sent them embarrassment. They asked you for defence, and you imposed embargo. They "asked bread, and you gave them a stone." They "asked a fish, and you gave them a serpent." Grant that the fault was great, suppose that they did mistake the nature and character of the Government, is the penalty they incurred by this error never to be remitted? Permit them once to escape, and my word for it, they will never give you an apology for this destructive protection. If they do, they will richly deserve all the misery which, under the name of protection, you can find means to visit upon them. Your tender mercies are cruelties. The merchants hate and spurn this ruinous defence.

Mr. Q. then took notice of an intimation which had been thrown out in relation to an express, sent off on the day preceding the Message of the President, giving notice that the embargo would be proposed the ensuing day. He said that there was no necessity of speaking of that matter by distant allusions, as if there was any thing that sought concealment. That is not an affair, said Mr. Q., that shuns the light. I had the honor and the happiness, in conjunction with another member of this House, from the State of New York, (Mr. EMOTT,) and a Senator from Massachusetts, (Mr. LLOYD,) to transmit that intelligence to Philadelphia, New York, and Boston, by an express which started on Tuesday afternoon. In doing this, we violated no obligation, even of the most remote and delicate kind. The fact that the Committee of Foreign Relations had decided that an embargo should be proposed on Wednesday, was openly avowed here on Tuesday, by various members of that committee, to various members of this House. Among others, I was informed of it. I shall always be grateful to the gentleman who gave me that information. Indeed, the whole commercial community are under great obligations to the Committee of Foreign Relations for their feeling and patriotism in resolving on that disclosure. It enabled us, by anticipating the mail, to give an opportunity for great masses of property to escape from the ruin our Cabinet was meditating for them. Yes, sir; to escape into the jaws of the British lion, and of the French tiger, which are places of refuge, of joy and delight, when compared with the grasp and fangs of this hyena embargo. What was the effect of this information? When it reached Philadelphia, the whole mercantile class was in motion, and all that had it in their power were flying in all directions from the coming mischief, as if it were a plague and a pestilence. Look, at this moment, on the river below Alexandria, and the poor seamen, towing down their vessels against wind and tide, anxious only to escape from a country which destroys under the mask of preserving.

Mr. GOLD.--The first object with a wise Legislature is, Is the law expedient? The second object, which should never for a moment escape attention, Can the law be executed? Under the first head, the advocates of embargo disclaim the measure as appertaining to the odious restriction system: they present it as the old-fashioned, legitimate precursor of war, as the provident measure of Government to protect your merchants against reprisals resulting from meditated hostilities.

In this view can you be prepared for war at the expiration of the embargo? Will you open your campaign at mid-summer? Whatever appearance this measure may now assume, the country have grounds to fear a relapse into the old system--you will go again back into Egypt.

But, on the second head, can your law be executed? Does the history of the past in our own, or any other country, warrant such an expectation? Can you watch the extended line, of forty-five degrees north, for hundreds of miles, so as to prevent a transit for commercial exchange, indispensable to the necessities of the country? No, sir, it is a vain expectation; your army of 25,000 could not prevent the intercourse: their sympathies would rather lead them to connive at what they could not fail to see. Great Britain, with a canvas that whitens every sea, her revenue boats always in motion, and tide waters at every inlet or avenue, has not been able to prevent the smuggling in of about one-half the tea consumed in that Kingdom. Such is the conviction of English writers! It may be found in the appendix to McCartney's Embassy, and in the Life of the second Pitt. Where men have expended their substance in purchasing and collecting an article for export, under the subsisting faith of your laws permitting such export, it is not mere injustice, but cruelty in the Government towards its citizens to arrest such a commerce by an ex post facto law, and consign those concerned to the prison walls, and their families to beggary. Nothing short of the most imperious necessity, the safety of the community, can justify so severe a proceeding. But, sir, with a single exception of timber, the commerce between the northern frontiers and Canada, will, for the ninety days of this embargo, be little else than the mere exchange of articles indispensably necessary to the poor frontier settlers. How are they to be supplied with the article of salt? Believe me, sir, the morality of no part of the United States, or of any nation on earth, will restrain persons under such circumstances from eluding the laws. Does any man believe that this frontier traffic is not as beneficial to us as to our enemies? Can your law fail of producing more injury and loss to the United States, than benefit? Have you not witnessed, sir, that while you was exercising paternal care in enacting an embargo by water, for the seaboard, that our merchants and navigators, roused as by a shock of thunder, escaped from your shores, with their vessels, as from a destroying angel--from pestilence and death?

Mr. BLEECKER, in a speech of about twenty minutes, made an able, solemn, and impressive address to the House, urging them to ponder, and desist from the dangerous course they were pursuing, and forewarned them of the calamitous consequences that would inevitably result.

Mr. MITCHILL said, in viewing political subjects and dangers, some are inclined to look through political microscopes, which diminish them; others, misled by their imaginations, look through political telescopes, and are apt to magnify and enhance them. He, for one, was for viewing our situation with his naked optics--for looking at it as it really is. He could not be considered as less alive to the interests and happiness of the inhabitants of that city, respecting whom so much sensibility has been expressed, than any other gentleman. There were his intimate friends, connections, and what little property he possessed. No one could feel more for their sufferings under commercial restrictions, or in case of an assault upon it by the enemy. And if he was to consult only his personal sensibilities, they were all in favor of the people of that country with whom we are to enter into a conflict. He has no prejudice against them. He there received his education. He has lived in North and South Britain. From actual residence, he knows them from the Grampian Hills to Dover. He knows them, however, to be a proud, overbearing nation. From former residence, and also from recent intelligence, (and that within a few days, by late arrivals,) he knows that they consider us a sort of a generation whom they have a right to despise. We are viewed in this unworthy, degraded situation, not on account of our want of resources, or population; but because they believe we cannot stand together--that we have no confidence in ourselves--that we cannot lead armies into their countries. Their object has been, since the year 1806, to divide and distract us, and to prevent our taking efficient measures. Sir, what has been the cause of our present condition? It is well known that, in 1806, he was made the organ of his constituents, as other gentlemen were for Salem and other commercial places, to present to Congress their plaints and wailings, on account of the grievances they suffered upon the subject of carrying colonial produce, and the continuity of voyage. The archives of this House will prove this. They declared they should be ruined if the British doctrine should be countenanced. The Government were goaded by these applications for relief. The Government began, and continued pacific measures, until we have got into our present situation.

Mr. WIDGERY spoke with much warmth in favor of the embargo and war.

Mr. STUART said, if it was in order, he would ask the gentleman from Massachusetts (Mr. WIDGERY) a few questions. He would ask that gentleman if he was, during the last embargo, a ship owner? If so, did he not go to England during the embargo? If so, how did he go?

Mr. WIDGERY answered that he went by water.

The SPEAKER observed these questions were not in order.

Mr. STUART said if they were not in order he would sit down.

The question was now taken on indefinite postponement, and determined in the negative--yeas 42, nays 72.

On motion of Mr. ROBERTS, the previous question was demanded by a majority of the members present: Whereupon the question was taken, in the form prescribed by the rules and orders of the House, to wit: "Shall the main question be now put?" and passed in the affirmative--yeas 67, nays 44.

The SPEAKER then decided that the main question to now put, was: "Will the House concur with the Senate in the amendments made to the bill?" and not upon the proposition for postponement.

From which decision Mr. RANDOLPH moved an appeal; which being seconded, the question was put, "Is the decision of the Chair correct?" and decided in the affirmative.

SATURDAY, April 4.

The House was cleared of all persons, and the doors were closed.

Additional Brigadier Generals.

The House resumed the consideration of the bill authorizing the President of the United States to appoint additional Brigadier Generals, &c.

Mr. SAMMONS.--Mr. Speaker: If those officers are intended to command the militia, I trust in God this bill will not pass. What! shall our militia be commanded by officers commissioned by the President? Can the President be as well acquainted with the qualifications and abilities of officers in the militia as the Governors of the States? It cannot be expected. What spirit can be in the people to support the war if the Federal Government takes away the right of the States to appoint the officers for commanding their militia? If our Government takes away our liberty, is it necessary to contend with a foreign Government for our rights? In former times the officers were appointed in such parts as the men were raised: that is not the case now. Some time in the session, I was told by some of the Southern members, "we will give you officers if you will find the men." It is a fact, that, before our New York troops were raised, a Major from North Carolina was appointed; and was ordered to take the command of troops enlisted in New York. Governor Hull's son, from Detroit, is appointed to the command of one of our companies, and is on command with his father as his aid. Where is the justice? Shall we have companies without captains, or shall the United States pay for two captains? (for Hull is returned in Colonel Schuyler's regiment as captain.) He cannot belong there. In such proceedings I almost tremble for the consequence to my country.

There is no necessity or propriety in appointing more Generals, in my opinion, at present, for our regulars--for the President is directed to appoint eight Brigadiers and two Major Generals. I believe they are not all appointed, and of those that are appointed, I hear one is sent home because they have no command for him. If this bill passes, our Government will be as bad as that of Great Britain before the Revolution. In the Declaration of Independence we complain of the King, that "he has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance." But if those ten Generals are not sufficient, this House has passed a bill at the request of the President of the United States to commission and appoint the officers for fifty thousand militia volunteers. There are limits empowering how many he shall appoint--he may appoint twelve Brigadiers and four Major Generals--will not that be as many as he wanted?

MONDAY, April 13.

A confidential message was received from the Senate by a committee of that body appointed for the purpose, consisting of Mr. VARNUM and Mr. ANDERSON, notifying the House that the Senate have passed the bill, entitled "An act to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time," with amendments; in which they desire the concurrence of the House.

The said amendments were read at the Clerk's table: When a motion was made by Mr. GOLDSBOROUGH that the said bill be postponed indefinitely.

And the question thereon being taken, it was determined in the negative--yeas 35, nays 62.

The question was then taken to concur in the said amendments, and passed in the affirmative.

Mr. SMILIE and Mr. PLEASANTS were appointed a committee to deliver a message to the Senate, and inform them that the House of Representatives have concurred in their amendment to the bill aforesaid.

The doors were then opened.

TUESDAY, April 14.

Mr. CRAWFORD, from the Joint Committee for Enrolled Bills, reported that the committee had examined an enrolled bill "to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time," and had found the same to be truly enrolled: When, the SPEAKER signed the said bill.

Mr. CRAWFORD and Mr. TURNER were appointed a committee to carry the said bill to the Senate for the signature of their President.

The doors were then opened; and having remained so for some time, they were again closed;.

When, Mr. TURNER, from the above-mentioned committee, reported that the committee had presented to the President of the United States the said bill, and that they were instructed by the President to inform the two Houses that he had approved and signed the same.

On motion of Mr. CALHOUN, the injunction of secrecy imposed upon the said bill and the proceedings thereon, were then removed.

The doors were then opened.

MONDAY, June 1.

A confidential Message, in writing, was received from the President of the United States, by Mr. Edward Coles, his Secretary; which he delivered in at the Speaker's table.

The House was then cleared of all persons, except the Members, Clerk, Sergeant-at-Arms, and Doorkeepers, and the doors were closed; and the said Message was read, and is as follows:

[Confidential.]

_To the Senate and House of Representatives of the United States_:

I communicate to Congress certain documents, being a continuation of those heretofore laid before them on the subject of our affairs with Great Britain.

Without going back beyond the renewal, in one thousand eight hundred and three, of the war in which Great Britain is engaged, and omitting unrepaired wrongs of inferior magnitude, the conduct of her Government presents a series of acts, hostile to the United States as an independent and neutral nation.

British cruisers have been in the continued practice of violating the American flag on the great highway of nations, and of seizing and carrying off persons sailing under it; not in the exercise of a belligerent right, founded on the law of nations against an enemy, but a municipal prerogative over British subjects. British jurisdiction is thus extended to neutral vessels, in a situation where no laws can operate but the law of nations, and the laws of the country to which the vessels belong; and a self-redress is assumed, which, if British subjects were wrongfully detained and alone concerned, is that substitution of force, for a resort to the responsible Sovereign, which falls within the definition of war. Could the seizure of British subjects, in such cases, be regarded as within the exercise of a belligerent right, the acknowledged laws of war, which forbid an article of captured property to be adjudged, without a regular investigation before a competent tribunal, would imperiously demand the fairest trial, where the sacred rights of persons were at issue. In place of such a trial, these rights are subjected to the will of every petty commander.

The practice, hence, is so far from affecting British subjects alone, that, under the pretext of searching for these, thousands of American citizens, under the safeguard of public law, and of their national flag, have been torn from their country, and from every thing dear to them; have been dragged on board ships of war of a foreign nation, and exposed, under the severities of their discipline, to be exiled to the most distant and deadly climes, to risk their lives in the battles of their oppressors, and to be melancholy instruments of taking away those of their own brethren.

Against this crying enormity which Great Britain would be so prompt to avenge if committed against herself, the United States have in vain exhausted remonstrances and expostulations; and that no proof might be wanting of their conciliatory dispositions, and no pretext left for a continuance of the practice, the British Government was formally assured of the readiness of the United States to enter into arrangements, such as could not be rejected, if the recovery of British subjects were the real and the sole object. The communication passed without effect.

British cruisers have been in the practice also of violating the right and the peace of our coasts. They hover over and harass our entering and departing commerce. To the most insulting pretensions they have added the most lawless proceedings in our very harbors; and have wantonly spilt American blood within the sanctuary of our territorial jurisdiction. The principles and rules enforced by that nation, when a neutral nation, against armed vessels of belligerents hovering near her coasts and disturbing her commerce, are well known. When called on, nevertheless, by the United States, to punish the greater offences committed by her own vessels, her Government has bestowed on their commanders additional marks of honor and confidence.

Under pretended blockades, without the presence of an adequate force, and sometimes without the practicability of applying one, our commerce has been plundered in every sea; the great staples of our country have been cut off from their legitimate markets; and a destructive blow aimed at our agricultural and maritime interests. In aggravation of these predatory measures, they have been considered as in force from the dates of their notification; a retrospective effect being thus added, as has been done in other important cases, to the unlawfulness of the course pursued. And to render the outrage the more signal, those mock blockades have been reiterated and enforced in the face of official communications from the British Government, declaring, as the true definition of a legal blockade, "the particular ports must be actually invested, and previous warning given to vessels bound to them, not to enter."

Not content with these occasional expedients for laying waste our neutral trade, the Cabinet of Britain resorted, at length, to the sweeping system of blockades, under the name of Orders in Council; which has been moulded and managed as might best suit its political views, its commercial jealousies, or the avidity of British cruisers.

To our remonstrances against the complicated and transcendent injustice of this innovation, the first reply was, that the orders were reluctantly adopted by Great Britain, as a necessary retaliation on decrees of her enemy, proclaiming a general blockade of the British Isles, at a time when the naval force of that enemy dared not issue from his own ports. She was reminded, without effect, that her own prior blockades, unsupported by an adequate naval force actually applied and continued, were a bar to this plea: that executed edicts against millions of our property could not be retaliation on edicts confessedly impossible to be executed: that retaliation, to be just, should fall on the party setting the guilty example, not on an innocent party, which was not even chargeable with an acquiescence in it.

When deprived of this flimsy veil for a prohibition of our trade with her enemy, by the repeal of his prohibition of our trade with Great Britain, her Cabinet, instead of their corresponding repeal, or a practical discontinuance of its orders, formally avowed a determination to persist in them against the United States, until the markets of her enemy should be laid open to British products; thus asserting an obligation on a neutral power to require one belligerent to encourage, by its internal regulations, the trade of another belligerent; contradicting her own practice towards all nations, in peace as well as in war; and betraying the insincerity of those professions which inculcated a belief, that, having resorted to her orders with regret, she was anxious to find an occasion for putting an end to them.

Abandoning still more all respect for the neutral rights of the United States, and for its own consistency, the British Government now demands, as prerequisite to a repeal of its orders as they relate to the United States, that a formality should be observed in the repeal of the French decrees, no wise necessary to their termination, nor exemplified by British usage; and that the French repeal, besides including that portion of the decrees which operate within a territorial jurisdiction, as well as that which operates on the high seas, against the commerce of the United States, should not be a single and special repeal in relation to the United States, but should be extended to whatever other neutral nations, unconnected with them, may be affected by those decrees. And, as an additional insult, they are called on for a formal disavowal of conditions and pretensions advanced by the French Government, for which the United States are so far from having made themselves responsible, that, in official explanations which have been published to the world, and in a correspondence of the American Minister at London with the British Minister for Foreign Affairs, such a responsibility was explicitly and emphatically disclaimed.

It has become, indeed, sufficiently certain, that the commerce of the United States is to be sacrificed, not as interfering with the belligerent rights of Great Britain; not as supplying the wants of her enemies, which she herself supplies; but as interfering with the money which she covets for her own commerce and navigation. She carries on a war against the lawful commerce of a friend, that she may the better carry on a commerce with an enemy; a commerce polluted by the forgeries and perjuries which are, for the most part, the only passports by which it can succeed.

Anxious to make every experiment short of the last resort of injured nations, the United States have withheld from Great Britain, under successive modifications, the benefits of a free intercourse with their market, the loss of which could not but outweigh the profits accruing from her restrictions of our commerce with other nations. And to entitle these experiments to the more favorable consideration, they were so framed as to enable her to place her adversary under the exclusive operation of them. To these appeals her Government has been equally inflexible, as if willing to make sacrifices of every sort, rather than yield to the claims of justice, or renounce the errors of a false pride. Nay, so far were the attempts carried to overcome the attachments of the British Cabinet to its unjust edicts, that it received every encouragement within the competence of the Executive branch of our Government, to expect that a repeal of them would be followed by a war between the United States and France, unless the French edicts should also be recalled. Even this communication, although silencing forever the plea of a disposition in the United States to acquiesce in those edicts, originally the sole plea for them, received no attention.

If no other proof existed of a predetermination of the British Government against a repeal of its orders, it might be found in the correspondence of the Minister Plenipotentiary of the United States at London, and the British Secretary for Foreign Affairs, in one thousand eight hundred and ten, on the question whether the blockade of May, one thousand eight hundred and six, was considered as in force, or as not in force. It had been ascertained that the French Government, which urged this blockade as the ground of its Berlin decree, was willing, in the event of its removal, to repeal that decree; which, being followed by alternate repeals of the other offensive edicts, might abolish the whole system on both sides. This inviting opportunity for accomplishing an object so important to the United States, and professed, so often, to be the desire of both the belligerents, was made known to the British Government. As that Government admits that an application of an adequate force is necessary to the existence of a legal blockade, and it was notorious that, if such a force had ever been applied, its long discontinuance had annulled the blockade in question, there could be no sufficient objection on the part of Great Britain to a formal revocation of it; and no imaginable objection to a declaration of the fact that the blockade did not exist. The declaration would have been consistent with her avowed principles of blockade; and would have enabled the United States to demand from France the pledged repeal of her decrees; either with success, in which case the way would have been opened for a general repeal of the belligerent edicts; or without success, in which case the United States would have been justified in turning their measures exclusively against France. The British Government would, however, neither rescind the blockade, nor declare its non-existence; nor permit its non-existence to be inferred and affirmed by the American Plenipotentiary. On the contrary, by representing the blockade to be comprehended in the Orders in Council, the United States were compelled so to regard it, in their subsequent proceedings.

There was a period when a favorable change in the policy of the British Cabinet was justly considered as established. The Minister Plenipotentiary of His Britannic Majesty here, proposed an adjustment of the differences more immediately endangering the harmony of the two countries. The proposition was accepted with the promptitude and cordiality corresponding with the invariable professions of this Government. A foundation appeared to be laid for a sincere and lasting reconciliation. The prospect, however, quickly vanished. The whole proceeding was disavowed by the British Government, without any explanations, which could, at that time, repress the belief, that the disavowal proceeded from a spirit of hostility to the commercial rights and prosperity of the United States. And it has since come into proof, that at the very moment when the public Minister was holding the language of friendship, and inspiring confidence in the sincerity of the negotiation with which he was charged, a secret agent of his Government was employed in intrigues, having for their object a subversion of our Government, and a dismemberment of our happy Union.

In reviewing the conduct of Great Britain towards the United States, our attention is necessarily drawn to the warfare, just renewed by the savages, on one of our extensive frontiers; a warfare which is known to spare neither age nor sex, and to be distinguished by features peculiarly shocking to humanity. It is difficult to account for the activity and combinations which have for some time been developing themselves among tribes in constant intercourse with British traders and garrisons, without connecting hostility with that influence, and without recollecting the authenticated examples of such interpositions, heretofore furnished by the officers and agents of that Government.

Such is the spectacle of injuries and indignities which have been heaped on our country; and such the crisis which its unexampled forbearance and conciliatory efforts have not been able to avert. It might at least have been expected, that an enlightened nation, if less urged by moral obligations, or invited by friendly dispositions on the part of the United States, would have found, in its true interest alone, a sufficient motive to respect their rights and their tranquillity on the high seas; that an enlarged policy would have favored that free and general circulation of commerce in which the British nation is at all times interested, and which, in times of war, is the best alleviation of its calamities to herself, as well as to other belligerents; and, more especially, that the British Cabinet would not, for the sake of a precarious and surreptitious intercourse with hostile markets, have persevered in a course of measures which necessarily put at hazard the invaluable market of a great and growing country, disposed to cultivate the mutual advantages of an active commerce.

Other councils have prevailed. Our moderation and conciliation have had no other effect than to encourage perseverance and to enlarge pretensions. We behold our seafaring citizens still the daily victims of lawless violence, committed on the great common and highway of nations, even within sight of the country which owes them protection. We behold our vessels, freighted with the products of our soil and industry, or returning with the honest proceeds of them, wrested from their lawful destinations, confiscated by prize courts, no longer the organs of public law, but the instruments of arbitrary edicts, and their unfortunate crews dispersed and lost, or forced, or inveigled in British ports into British fleets, whilst arguments are employed in support of these aggressions, which have no foundation but in a principle equally supporting a claim to regulate our external commerce in all cases whatsoever.

We behold, in fine, on the side of Great Britain, a state of war against the United States; and on the side of the United States, a state of peace towards Great Britain.

Whether the United States shall continue passive under these progressive usurpations, and their accumulating wrongs, or, opposing force to force in defence of their national rights, shall commit a just cause into the hands of the Almighty Disposer of events, avoiding all connections which might entangle it in the contest or views of other powers, and preserving a constant readiness to concur in an honorable re-establishment of peace and friendship, is a solemn question, which the constitution wisely confides to the Legislative Department of the Government. In recommending it to their early deliberation, I am happy in the assurance, that the decision will be worthy the enlightened and patriotic councils of a virtuous, a free, and a powerful nation.

Having presented this view of the relations of the United States with Great Britain, and of the solemn alternative growing out of them, I proceed to remark, that the communications last made to Congress on the subject of our relations with France, will have shown, that since the revocation of her decrees, as they violated the neutral rights of the United States, her Government has authorized illegal captures by its privateers and public ships; and that other outrages have been practised on our vessels and our citizens. It will have been seen, also, that no indemnity had been provided, or satisfactorily pledged, for the extensive spoliations committed under the violent and retrospective orders of the French Government against the property of our citizens, seized within the jurisdiction of France. I abstain, at this time, from recommending to the consideration of Congress definitive measures with respect to that nation, in the expectation that the result of unclosed discussions between our Minister Plenipotentiary at Paris and the French Government will speedily enable Congress to decide, with greater advantage, on the course due to the rights, the interests, and the honor, of our country.

JAMES MADISON.

WASHINGTON, June 1, 1812.

A motion was then made by Mr. RANDOLPH, that the said message be referred to the Committee of the whole House on the state of the Union:

And the question thereon being taken, it was determined in the negative--yeas 37, nays 85.

On motion of Mr. D. R. WILLIAMS, the Message was referred to a committee appointed on that part of the President's Message which relates to our foreign relations.

TUESDAY, June 2.

The House met, and adjourned till to-morrow.

WEDNESDAY, June 3.

Report on Foreign Relations.

Mr. CALHOUN, from the Committee on Foreign Relations, to whom was referred the Message of the President of the United States of the first instant, made a report, stating at large the causes and reasons of a war with Great Britain, which was read as follows:

"That, after the experience which the United States have had of the great injustice of the British Government towards them, exemplified by so many acts of violence and oppression, it will be more difficult to justify to the impartial world their impatient forbearance, than the measures to which it has become necessary to resort, to avenge the wrongs, and vindicate the rights and honor of the nation. Your committee are happy to observe, on a dispassionate view of the conduct of the United States, that they see in it no cause for censure.

"If a long forbearance under injuries ought ever to be considered a virtue in any nation, it is one which peculiarly becomes the United States. No people ever had stronger motives to cherish peace; none have ever cherished it with greater sincerity and zeal.

"But the period has now arrived, when the United States must support their character and station among the nations of the earth, or submit to the most shameful degradation. Forbearance has ceased to be a virtue. War on the one side, and peace on the other, is a situation as ruinous as it is disgraceful. The mad ambition, the lust of power, and commercial avarice of Great Britain, arrogating to herself the complete dominion of the ocean, and exercising over it an unbounded and lawless tyranny, have left to neutral nations an alternative only between the base surrender of their rights, and a manly vindication of them. Happily for the United States, their destiny, under the aid of Heaven, is in their own hands. The crisis is formidable only by their love of peace. As soon as it becomes a duty to relinquish that situation, danger disappears. They have suffered no wrongs, they have received no insults, however great, for which they cannot obtain redress.

"More than seven years have elapsed since the commencement of this system of hostile aggression by the British Government, on the rights and interests of the United States. The manner of its commencement was not less hostile than the spirit with which it has been prosecuted. The United States have invariably done every thing in their power to preserve the relations of friendship with Great Britain. Of this disposition they gave a distinguished proof at the moment when they were made the victims of an opposite policy. The wrongs of the last war had not been forgotten at the commencement of the present one. They warned us of dangers, against which it was sought to provide. As early as the year 1804, the Minister of the United States at London was instructed to invite the British Government to enter into a negotiation on all the points on which a collision might arise between the two countries, in the course of the war, and to propose to it an arrangement of their claims on fair and reasonable conditions. The invitation was accepted. A negotiation had commenced, and was depending, and nothing had occurred to excite a doubt that it would not terminate to the satisfaction of both the parties. It was at this time, and under these circumstances, that an attack was made by surprise, on an important branch of the American commerce, which affected every part of the United States, and involved many of their citizens in ruin.

"The commerce on which this attack was so unexpectedly made, was that between the United States and the colonies of France, Spain, and other enemies of Great Britain. A commerce just in itself; sanctioned by the example of Great Britain, in regard to the trade with her own colonies; sanctioned by a solemn act between the two Governments in the last war; and sanctioned by the practice of the British Government in the present war: more than two years having then elapsed, without any interference with it.

"The injustice of this attack could only be equalled by the absurdity of the pretext alleged for it. It was pretended by the British Government that, in case of war, her enemy had no right to modify its colonial regulations, so as to mitigate the calamities of war to the inhabitants of its colonies. This pretension, peculiar to Great Britain, is utterly incompatible with the rights of sovereignty in every independent State. If we recur to the well-established, and universally admitted law of nations, we shall find no sanction to it in that venerable code. The sovereignty of every State is co-extensive with its dominions, and cannot be abrogated, or curtailed in its rights, as to any part, except by conquest. Neutral nations have a right to trade to every port of either belligerents, which is not legally blockaded, and in all articles which are not contraband of war. Such is the absurdity of this pretension, that your committee are aware, especially after the able manner in which it has been heretofore refuted and exposed, that they would offer an insult to the understanding of the House, if they enlarged on it; and if any thing could add to the high sense of injustice of the British Government in this transaction, it would be the contrast which her conduct exhibits in regard to this trade, and in regard to a similar trade by neutrals, with her own colonies. It is known to the world, that Great Britain regulates her own trade, in war and in peace, at home and in her colonies, as she finds for her interest; that in war she relaxes the restraints of her colonial system in favor of the colonies, and that it never was suggested that she had not a right to do it, or that a neutral, in taking advantage of the relaxation, violated a belligerent right of her enemy. But with Great Britain every thing is lawful. It is only in trade with her enemies, that the United States can do wrong: with them, all trade is unlawful.

"In the year 1793, an attack was made by the British Government on the same branch of our neutral trade, which had nearly involved the two countries in war. That difference, however, was amicably accommodated. The pretension was withdrawn, and reparation made to the United States for the losses which they had suffered by it. It was fair to infer from that arrangement, that the commerce was deemed by the British Government lawful, and that it would not be again disturbed.

"Had the British Government been resolved to contest this trade with neutrals, it was due to the character of the British nation, that the decision should be known to the Government of the United States. The existence of a negotiation which had been invited by our Government, for the purpose of preventing differences, by an amicable arrangement of their respective pretensions, gave a strong claim for the notification, while it afforded the fairest opportunity for it. But, a very different policy animated the then Cabinet of England. Generous sentiments were unknown to it. The liberal confidence and friendly overtures of the United States were taken advantage of to ensnare them. Steady to its purpose, and inflexibly hostile to this country, the British Government calmly looked forward to that moment when it might give the most deadly wound to our interest. A trade, just in itself, which was secured by so many strong and sacred pledges, was considered safe. Our citizens, with their usual industry and enterprise, had embarked in it a vast proportion of their shipping and of their capital, which were at sea under no other protection than the law of nations, and the confidence which they reposed in the justice and friendship of the British nation. At this period, the unexpected blow was given. Many of our vessels were seized, carried into port, and condemned by a tribunal, which, while it professes to respect the law of nations, obeys the mandate of its own Government in opposition to all law. Hundreds of other vessels were driven from the ocean, and the trade itself in a great measure suppressed.

"The effect produced by this attack on the lawful commerce of the United States, was as might have been expected from a virtuous, independent, and highly-injured people. But one sentiment pervaded the whole American nation. No local interests were regarded, no sordid motives felt. Without looking to the parts which suffered most, the invasion of our rights was considered a common cause, and from one extremity of our Union to the other, was heard the voice of a united people, calling on their Government to avenge their wrongs, and vindicate the rights and honor of the country.

"From this period, the British Government has gone on in a continued encroachment on the rights and interests of the United States, disregarding in its course, in many instances, obligations which have heretofore been held sacred by civilized nations.

"In May, 1806, the whole coast of the continent, from the Elbe to Brest, inclusive, was declared to be in a state of blockade. By this act, the well-established principles of the law of nations, principles which have served for ages as guides, and fixed the boundary between the rights of belligerents and neutrals, were violated. By the law of nations, as recognized by Great Britain herself, no blockade is lawful, unless it be sustained by the application of an adequate force; and that an adequate force was applied to this blockade, in its full extent, ought not to be pretended. Whether Great Britain was able to maintain legally so extensive a blockade, considering the war in which she is engaged, requiring such extensive naval operations, is a question which is not necessary at this time to examine. It is sufficient to be known, that such force was not applied, and this is evident, from the terms of the blockade itself, by which, comparatively, an inconsiderable portion of the coast only was declared to be in a state of strict and rigorous blockade. The objection to the measure is not diminished by that circumstance. If the force was not applied, the blockade was unlawful, from whatever cause the failure might proceed. The belligerent who institutes the blockade, cannot absolve itself from the obligation to apply the force, under any pretext whatever. For a belligerent to relax a blockade which it could not maintain, with a view to absolve itself from the obligation to maintain it, would be a refinement in injustice, not less insulting to the understanding, than repugnant to the law of nations. To claim merit for the mitigation of evil which the party either had not the power, or found it inconvenient to inflict, would be a new mode of encroaching on neutral rights. Your committee think it just to remark, that this act of the British Government does not appear to have been adopted in the sense in which it has been since construed. On consideration of all the circumstances attending the measure, and particularly the character of the distinguished statesman who announced it, we are persuaded that it was conceived in a spirit of conciliation, and intended to lead to an accomodation of all differences between the United States and Great Britain. His death disappointed that hope, and the act has since become subservient to other purposes. It has been made, by his successors, a pretext for that vast system of usurpation, which has so long oppressed and harassed our commerce.

"The next act of the British Government which claims our attention, is the Order of Council of January 7, 1807, by which neutral powers are prohibited trading from one port to another of France, or her allies, or any other country with which Great Britain might not freely trade. By this order, the pretensions of England, heretofore disclaimed by every other power, to prohibit neutrals disposing of parts of their cargoes at different ports of the same enemy, is revived, and with vast accumulation of injury. Every enemy, however great the number, or distant from each other, is considered one, and the like trade, even with powers at peace with England, who, from motives of policy, had excluded or restrained her commerce was also prohibited. In this act, the British Government evidently disclaimed all regard for neutral rights. Aware that the measures authorized by it could find no pretext in any belligerent right, none was urged. To prohibit the sale of our produce, consisting of innocent articles, in any port of a belligerent, not blockaded; to consider every belligerent as one, and subject neutrals to the same restraints with all as if there was but one, were bold encroachments. But to restrain, or in any manner interfere with our commerce with neutral nations, with whom Great Britain was at peace, and against whom she had no justifiable cause of war, for the sole reason that they restrained or excluded from their ports her commerce, was utterly incompatible with the pacific relations subsisting between the two countries.

"We proceed to bring into view the British Order in Council of November 11, 1807, which superseded every other order, and consummated that system of hostility on the commerce of the United States, which has been since so steadily pursued. By this order all France and her allies, and every other country at war with Great Britain, or with which she was not at war, from which the British flag was excluded, and all the colonies of her enemies, were subject to the same restrictions as if they were actually blockaded in the most strict and rigorous manner; and all trade in articles, the produce and manufacture of the said countries and colonies, and the vessels engaged in it, were subjected to capture and condemnation as lawful prize. To this order certain exceptions were made, which we forbear to notice, because they were not adopted from a regard to neutral rights, but were dictated by policy, to promote the commerce of England, and so far as they related to neutral powers, were said to emanate from the clemency of the British Government.

"It would be superfluous in your committee to state, that, by this order, the British Government declared direct and positive war against the United States. The dominion of the ocean was completely usurped by it, all commerce forbidden, and every flag driven from it, or subjected to capture and condemnation, which did not subserve the policy of the British Government, by paying it a tribute, and sailing under its sanction. From this period, the United States have incurred the heaviest losses, and most mortifying humiliations. They have borne the calamities of war without retorting them on its authors.

"So far your committee has presented to the view of the House the aggressions which have been committed, under the authority of the British Government, on the commerce of the United States. We will now proceed to other wrongs, which have been still more severely felt. Among these is the impressment of our seamen, a practice which has been unceasingly maintained by Great Britain in the wars to which she has been a party since our Revolution. Your committee cannot convey in adequate terms the deep sense which they entertain of the injustice and oppression of this proceeding. Under the pretext of impressing British seaman, our fellow-citizens are seized in British ports, on the high seas, and in every other quarter to which the British power extends; are taken on board British men-of-war, and compelled to serve there as British subjects. In this mode our citizens are wantonly snatched from their country and their families; deprived of their liberty, and doomed to an ignominious and slavish bondage; compelled to fight the battles of a foreign country, and often to perish in them. Our flag has given them no protection; it has been unceasingly violated, and our vessels exposed to dangers by the loss of the men taken from them. Your committee need not remark that, while this practice is continued, it is impossible for the United States to consider themselves an independent nation. Every new case is a new proof of their degradation. Its continuance is the more unjustifiable, because the United States have repeatedly proposed to the British Government an arrangement which would secure to it the control of its own people. An exemption of the citizens of the United States from this degrading oppression, and their flag from violation, is all that they have sought.

"This lawless waste of our trade, and equally unlawful imprisonment of our seamen, have been much aggravated by the insults and indignities attending them. Under the pretext of blockading the harbors of France and her allies, British squadrons have been stationed on our own coast, to watch and annoy our own trade. To give effect to the blockade of European ports, the ports and harbors of the United States have been blockaded. In executing these orders of the British Government, or in obeying the spirit which was known to animate it, the commanders of these squadrons have encroached on our jurisdiction, seized our vessels, and carried into effect impressments within our limits, and done other acts of great injustice, violence, and oppression. The United States have seen, with mingled indignation and surprise, that these acts, instead of procuring to the perpetrators the punishment due to unauthorized crimes, have not failed to recommend them to the favor of their Government.

"Whether the British Government has contributed by active measures to excite against us the hostility of the savage tribes on our frontiers, your committee are not disposed to occupy much time in investigating. Certain indications of general notoriety may supply the place of authentic documents, though these have not been wanting to establish the fact in some instances. It is known that symptoms of British hostility towards the United States have never failed to produce corresponding symptoms among those tribes. It is also well known that, on all such occasions, abundant supplies of the ordinary munitions of war have been afforded by the agents of British commercial companies, and even from British garrisons, wherewith they were enabled to commence that system of savage warfare on our frontiers, which has been at all times indiscriminate in its effect, on all ages, sexes, and conditions, and so revolting to humanity.

"Your committee would be much gratified if they could close here the detail of British wrongs; but it is their duty to recite another act of still greater malignity than any of those which have been already brought to your view. The attempt to dismember our Union, and overthrow our excellent constitution, by a secret mission, the object of which was to foment discontents and excite insurrection against the constituted authorities and laws of the nation, as lately disclosed by the agent employed in it, affords full proof that there is no bound to the hostility of the British Government towards the United States; no act, however unjustifiable, which it would not commit to accomplish their ruin. This attempt excites the greater horror, from the consideration that it was made while the United States and Great Britain were at peace, and an amicable negotiation was depending between them for the accommodation of their differences, through public Ministers, regularly authorized for the purpose.

"The United States have beheld, with unexampled forbearance, this continued series of hostile encroachments on their rights and interests, in the hope that, yielding to the force of friendly remonstrances, often repeated, the British Government might adopt a more just policy towards them; but that hope no longer exists. They have, also, weighed impartially the reasons which have been urged by the British Government in vindication of those encroachments, and found in them neither justification nor apology.

"The British Government has alleged, in vindication of the Orders in Council, that they were resorted to as a retaliation on France for similar aggressions committed by her on our neutral trade with the British dominions. But how has this plea been supported? The dates of British and French aggressions are well known to the world. Their origin and progress have been marked with too wide and destructive a waste of the property of our fellow-citizens to have been forgotten. The decree of Berlin, of November 21st, 1806, was the first aggression of France in the present war. Eighteen months had then elapsed after the attack made by Great Britain on our neutral trade with the colonies of France and her allies, and six months from the date of the proclamation of May, 1806. Even on the 7th of January, 1807, the date of the first British Order in Council, so short a term had elapsed after the Berlin decree, that it was hardly possible that the intelligence of it should have reached the United States. A retaliation which is to produce its effect, by operating on a neutral power, ought not to be resorted to till the neutral had justified it by a culpable acquiescence in the unlawful act of the other belligerent. It ought to be delayed until after sufficient time had been allowed to the neutral to remonstrate against the measures complained of, to receive an answer, and to act on it, which had not been done in the present instance. And, when the order of November 11th was issued, it is well known that a Minister of France had declared to the Minister Plenipotentiary of the United States at Paris, that it was not intended that the decree of Berlin should apply to the United States. It is equally well known, that no American vessel had then been condemned under it, or seizure been made, with which the British Government was acquainted. The facts prove incontestably, that the measures of France, however unjustifiable in themselves, were nothing more than a pretext for those of England. And of the insufficiency of that pretext, ample proof has already been afforded by the British Government itself, and in the most impressive form. Although it was declared that the Orders in Council were retaliatory on France for her decrees, it was also declared, and in the orders themselves, that, owing to the superiority of the British navy, by which the fleets of France and her allies were confined within their own ports, the French decrees were considered only as empty threats.

"It is no justification of the wrongs of one power, that the like were committed by another; nor ought the fact, if true, to have been urged by either, as it could afford no proof of its love of justice, of its magnanimity, or even of its courage. It is more worthy the Government of a great nation to relieve than to assail the injured. Nor can a repetition of the wrongs by another power repair the violated rights or wounded honor of the injured party. An utter inability alone to resist could justify a quiet surrender of our rights, and degrading submission to the will of others. To that condition the United States are not reduced, nor do they fear it. That they ever consented to discuss with either power the misconduct of the other, is a proof of their love of peace, of their moderation, and of the hope which they still indulged, that friendly appeals to just and generous sentiments would not be made to them in vain. But the motive was mistaken, if their forbearance was imputed either to the want of a just sensibility to their wrongs, or a determination, if suitable redress was not obtained, to resent them. The time has now arrived when this system of reasoning must cease. It would be insulting to repeat it. It would be degrading to hear it. The United States must act as an independent nation, and assert their rights, and avenge their wrongs, according to their own estimate of them, with the party who commits them, holding it responsible for its misdeeds, unmitigated by those of another.

"For the difference made between Great Britain and France, by the application of the non-importation act against England only, the motive has been already too often explained, and is too well known to require further illustration. In the commercial restrictions to which the United States resorted as an evidence of their sensibility, and a mild retaliation of their wrongs, they invariably placed both powers on the same footing, holding out to each, in respect to itself, the same accommodation, in case it accepted the condition offered, and, in respect to the other, the same restraint if it refused. Had the British Government confirmed the arrangements which was entered into with the British Minister in 1809, and France maintained her decrees, with France would the United States have had to resist, with the firmness belonging to their character, the continued violation of their rights. The committee do not hesitate to declare, that France has greatly injured the United States, and that satisfactory reparation has not yet been made for many of those injuries. But that is a concern which the United States will look to and settle for themselves. The high character of the American people is a sufficient pledge to the world that they will not fail to settle it, on conditions which they have a right to claim.

"More recently, the true policy of the British Government towards the United States, has been completely unfolded. It has been publicly declared by those in power, that the Orders in Council should not be repealed until the French Government had revoked all its internal restraints on the British commerce; and that the trade of the United States with France and her allies, should be prohibited, until Great Britain was also allowed to trade with them. By this declaration, it appears that, to satisfy the pretensions of the British Government, the United States must join Great Britain in the war with France, and prosecute the war until France should be subdued; for without her subjugation, it were in vain to presume on such a concession. The hostility of the British Government to these States has been still further disclosed. It has been made manifest that the United States are considered by it as the commercial rival of Great Britain, and that their prosperity and growth are incompatible with her welfare. When all these circumstances are taken into consideration, it is impossible for your committee to doubt the motives which have governed the British Ministry in all its measures towards the United States since the year 1805. Equally it is impossible to doubt, longer, the course which the United States ought to pursue towards Great Britain.

"From this review of the multiplied wrongs of the British Government since the commencement of the present war, it must be evident to the impartial world, that the contest which is now forced on the United States, is radically a contest for their sovereignty and independence. Your committee will not enlarge on any of the injuries, however great, which have had a transitory effect. They wish to call the attention of the House to those of a permanent nature only, which intrench so deeply on our most important rights, and wound so extensively and vitally our best interests, as could not fail to deprive the United States of the principal advantages of their Revolution, if submitted to. The control of our commerce by Great Britain, in regulating, at pleasure, and expelling it almost from the ocean; the oppressive manner in which these regulations have been carried into effect, by seizing and confiscating such of our vessels, with their cargoes, as were said to have violated her edicts, often without previous warning of their danger; the impressment of our citizens from on board our own vessels on the high seas, and elsewhere, and holding them in bondage till it suited the convenience of their oppressors to deliver them up; are encroachments of that high and dangerous tendency, which could not fail to produce that pernicious effect; nor would these be the only consequences that would result from it. The British Government might, for a while, be satisfied with the ascendency thus gained over us, but its pretensions would soon increase. The proof which so complete and disgraceful a submission to its authority would afford of our degeneracy, could not fail to inspire confidence, that there was no limit to which its usurpations, and our degradation, might not be carried.

"Your committee, believing that the free-born sons of America are worthy to enjoy the liberty which their fathers purchased at the price of so much blood and treasure, and seeing in the measures adopted by Great Britain, a course commenced and persisted in, which must lead to a loss of national character and independence, feel no hesitation in advising resistance by force; in which the Americans of the present day will prove to the enemy and to the world, that we have not only inherited that liberty which our fathers gave us, but also the will and power to maintain it. Relying on the patriotism of the nation, and confidently trusting that the Lord of Hosts will go with us to battle in the righteous cause, and crown our efforts with success, your committee recommend an immediate appeal to arms."

On motion of Mr. MITCHELL, the doors were then closed, and the House sat with doors closed the remainder of the day's sitting.

A motion was then made by Mr. RANDOLPH that the proceedings upon the said Message of the President be had and conducted with open doors; and the question thereon being taken, it was determined in the negative--yeas 45, nays 77.

On motion of Mr. CALHOUN, the said report was ordered to lie on the table.

Declaration of War.

On a motion made, and leave given, Mr. CALHOUN, from the same committee, presented a bill declaring war between Great Britain and her dependencies and the United States and their territories; which was read the first time; and opposition being made thereto by Mr. RANDOLPH, the question was taken in the form prescribed by the rules and orders of the House, to wit: "Shall the bill be rejected?" And determined in the negative--yeas, 45, nays, 76.

The bill was then read the second time, and committed to a Committee of the Whole to-day.

The House resolved itself into a Committee of the whole House on the said bill; and, after some time spent therein, Mr. Speaker resumed the Chair, and Mr. BASSETT reported that the committee had had the said bill under consideration, and made some progress therein, and had directed him to ask leave to sit again.

Ordered, That the Committee of the whole House have leave to sit again on the said bill.

And then the House adjourned until to-morrow morning eleven o'clock.

THURSDAY, June 4.

A motion was made by Mr. MILNOR that the doors of the House be now opened; and was determined in the negative.

The House then resolved itself into a Committee of the whole House on the bill declaring War between Great Britain and her Dependencies and the United States and their Territories; and after some time spent therein, the Speaker resumed the chair, and Mr. BASSETT reported that the committee had had the said bill under consideration, and made no amendment thereto.

A motion was then made by Mr. QUINCY to amend the said bill, by adding thereto a new section, as follows:

"SEC. ----. And be it further enacted, That, from and after the passage of this act, the act, entitled 'An act concerning the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,' passed the first day of May, one thousand eight hundred and ten; and, also, the act, entitled 'An act supplementary to the act, entitled "An act concerning the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,"' passed the second day of March, one thousand eight hundred and eleven; and, also, the act, entitled 'An act laying an embargo on all ships and vessels in the ports and harbors of the United States for a limited time,' passed the fourth day of April, one thousand eight hundred and twelve, be, and the same hereby are, repealed."

A motion was thereupon made by Mr. NELSON, that the bill and the proposed amendment be recommitted to a Committee of the whole House:

And the question thereon being taken, it was determined in the negative.

The question was then taken on the amendment proposed by Mr. QUINCY; and determined in the negative--yeas 42, nays 82.

No other amendment being proposed to the said bill, the question was taken that it be engrossed, and read the third time; and passed in the affirmative--yeas 78, nays 45, as follows:

YEAS.--Willis Alston, jr., William Anderson, Stevenson Archer, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findlay, James Fisk, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre, Peter Little, Wm. Lowndes, Aaron Lyle, Nathaniel Macon, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, George Smith, John Smith, William Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, Robert Wright, and Richard Wynn,.

NAYS.--John Baker, Josiah Bartlett, Harmanus Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., George C. Maxwell, Archibald McBryde, Arunah Metcalf, James Milnor, Jonathan O. Mosely, Thomas Newton, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry Ridgely, William Rodman, Richard Stanford, Philip Stuart, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Ordered, That the said bill be read the third time to-day.

The said bill was engrossed, and read the third time accordingly, and the question stated that the same do pass: Whereupon, a motion was made by Mr. RANDOLPH, that the farther consideration of the said bill be postponed until the first Monday in October next; and the question thereon being taken, it was determined in the negative--yeas 42, nays 81.

A motion was then made by Mr. STOW, that the farther consideration of the said bill be postponed until to-morrow; and the question thereon being taken, it was determined in the negative--yeas 48, nays 78.

A motion was then made by Mr. GOLDSBOROUGH, that the House do now adjourn; and the question thereon being taken, it was determined in the negative--yeas 43, nays 82.

The question was then taken, that the said bill do pass; and resolved in the affirmative--yeas 79, nays 49, as follows:

YEAS.--Willis Alston, jr., William Anderson, Stevenson Archer, Daniel Avery, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findlay, James Fisk, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Boiling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Smith, William Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, Robert Wright, and Richard Wynn.

NAYS.--John Baker, Josiah Bartlett, Harmanus Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Chas. Goldsborough, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., George C. Maxwell, Archibald McBryde, Arunah Metcalf, James Milnor, Samuel L. Mitchill, Jonathan O. Mosely, Thomas Newbold, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Thomas Sammons, Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Peleg Tallman, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Ordered, That the title be, "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories."

Mr. MACON and Mr. FINDLAY were appointed a committee to carry the bill entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to request their concurrence therein.

THURSDAY, June 18.

Bill Declaring War.

A confidential message was received from the Senate, by a committee of that body appointed for the purpose, consisting of Mr. ANDERSON and Mr. VARNUM, notifying the House that the Senate have passed the bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," with amendments; in which they desire the concurrence of the House.

The House proceeded to consider the said amendments; when a motion was made by Mr. SHEFFEY, that the said bill and amendments be postponed indefinitely.

A motion was then made by Mr. MILNOR, that the said bill and amendments do lie on the table; and the question thereon being taken, it passed in the affirmative--yeas 71, nays 46.

The House resumed the consideration of the amendments of the Senate to the aforesaid bill; when the question recurred on the motion of Mr. SHEFFEY, and, being taken, it was determined in the negative--yeas 44, nays 85, as follows:

YEAS.--John Baker, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., Archibald McBryde, James Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Daniel Sheffey, Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

NAYS.--Willis Alston, jr., William Anderson, Stevenson Archer, Daniel Avery, David Bard, Josiah Bartlett, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Lewis Condict, William Crawford, Richard Cutts, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Nathaniel Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Smith, Wm. Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, Robert Wright, and Richard Wynn.

A motion was made by Mr. RANDOLPH, that the said bill and amendments be postponed until the first Monday in October next. And the question thereon being taken, it was determined in the negative--yeas 49, nays 80.

A motion was then made by Mr. RANDOLPH, that the said bill and amendments be postponed until the first Monday in July next. And the question thereon being taken, it was determined in the negative--yeas 51, nays 79.

The said amendments were then concurred in by the House. And Mr. MACON and Mr. FINDLAY were appointed a committee to inform the Senate of the concurrence of the House in the said amendments.

Mr. CRAWFORD, from the Joint Committee for Enrolled Bills, reported that the committee had examined the said bill, and had found the same to be truly enrolled; when the Speaker signed the said bill, and the Committee of Enrollment were ordered to take it to the Senate, for the signature of their President.

Shortly after, Mr. CRAWFORD, from the same committee, reported that the committee had presented the said bill to the President of the United States, for his approbation, and that they were instructed by the President to inform the two Houses that he had approved and signed the same.

On motion of Mr. CALHOUN, the injunction of secrecy was removed from so much of the journals as relates to the President's Message of the 1st instant, with the proceedings thereon. And then the House adjourned until to-morrow morning, 11 o'clock.

FRIDAY, June 19.

Occupation of Florida.

On motion of Mr. TROUP,

Resolved, That the committee to whom was referred so much of the President's Message, at the commencement of the session, as relates to the Spanish American colonies, be instructed to inquire into the expediency of authorizing the President of the United States to occupy East and West Florida without delay.

And then the doors were opened.

MONDAY, June 22.

On motion made, and leave given, Mr. MITCHILL, from the committee appointed on that part of the President's Message, at the commencement of the session, which relates to Spanish American colonies, presented a bill authorizing the President of the United States to take possession of a tract of country lying south of the Mississippi Territory, of the State Georgia, and for other purposes; which was read the first time. When a question was taken whether the subject matter of the said bill required secrecy; and passed in the affirmative--yeas 71, nays 44.

The said bill was then read the second time, and committed to a Committee of the Whole to-morrow; and the doors were then opened.

THURSDAY, June 25.

The House resolved itself into a Committee of the Whole on the bill authorizing the President to take possession of a tract of country lying south of the Mississippi Territory, of the State of Georgia, and for other purposes; and, after some time spent therein, the Speaker resumed the chair, and Mr. LEWIS reported that the committee had had the said bill under consideration, and made an amendment thereto; which he delivered in at the Clerk's table, where it was again read, and concurred in by the House. The question was then taken that the said bill be engrossed, and read the third time; and passed in the affirmative--yeas 70, nays 48, as follows:

YEAS.--William Anderson, Stevenson Archer, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, William Butler, John C. Calhoun, Francis Carr, Matthew Clay, James Cochran, John Clopton, Lewis Condict, William Crawford, Richard Cutts, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, William Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, William McCoy, Alexander McKim, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Samuel Shaw, John Smilie, George Smith, John Smith, William Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, and Robert Wright.

NAYS.--Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, Elijah Brigham, William A. Burwell, Epaphroditus Champpion, Langdon Cheves, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Aylett Hawes, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., William Lowndes, Archibald McBryde, Jas. Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin jr., James Pleasants, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William M. Richardson, Henry M. Ridgely, William Rodman, Thomas Sammons, Adam Seybert, Daniel Sheffey, Richard Stanford, Philip Stuart, Lewis B. Sturges, Samuel Taggart, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Ordered, That the said bill be read the third time to-day.

The said bill was engrossed, and read the third time accordingly: When a motion was made by Mr. RIDGELY, that the same be postponed until Monday next; and the question being taken, it was determined in the negative.

The question was then taken that the said bill do pass; and resolved in the affirmative.

Ordered, That the title be, "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes."

Mr. MITCHILL and Mr. TROUP were appointed a committee to carry the said bill to the Senate, and inform them that this House have passed the same, in confidence, and request their concurrence therein; and the doors were then opened.

FRIDAY, June 26.

A motion was made by Mr. RANDOLPH, that the injunction of secrecy imposed by this House on the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," together with the injunction of secrecy imposed upon the proceedings of the said bill, be taken off: and, on the question that the House do now proceed to the consideration of the said motion, it was determined in the negative.

A motion was then made by Mr. RIDGELY, that the House do come to the following resolution:

Resolved, That the President of the United States be requested, if, in his opinion, it be compatible with the public interest, to lay before this House, confidentially or otherwise, full information of all the proceedings that have been had under and by virtue of the act of Congress, entitled "An act to enable the President of the United States, under certain contingencies, to take possession of the country lying east of the river Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes;" and also copies of all instructions that may have been issued by the Executive branch of this Government under the said act.

And on the question that the House do now proceed to the consideration of the said resolution, it passed in the affirmative--yeas 78, nays 38.

The question was then taken that the said resolution do pass; and resolved in the affirmative--yeas 58, nays 51.

WEDNESDAY, July 1.

Mr. RIDGELY, from the committee appointed, on the 26th ultimo, to present a resolution to the President of the United States, reported that the committee had performed that service, and that the President answered, that a due attention should be paid to the subject.

Occupation of Florida.

A Message was then received from the President of the United States, by Mr. Coles, his Secretary, who delivered in the same, and withdrew.

The Message was read, and is as follows:

To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives, of the twenty-sixth of June, I transmit the information contained in the documents herewith enclosed.

JAMES MADISON.

JULY 1, 1812.

The said documents were read; and the doors were then opened.

[The following letters, forming a part of the documents accompanying the above Message of the President of the United States, were ordered to be published by the House on the 6th instant.]

_From the Secretary of State to General George Matthews and Colonel John McKee, dated_

DEPARTMENT OF STATE, January 26, 1811.

The President of the United States having appointed you, jointly and severally, Commissioners for carrying into effect certain provisions of an act of Congress (a copy of which is enclosed) relative to the portion of the Floridas situated to the east of the Perdido, you will repair to that quarter with all possible expedition, concealing from general observation the trust committed to you, with that discretion with which the delicacy and importance of the undertaking require.

Should you find Governor Folch, or the local authority existing there, inclined to surrender, in an amicable manner, the possession of the remaining portion or portions of West Florida now held by him in the name of the Spanish Monarchy, you are to accept, in behalf of the United States, the abdication of his, or of the other existing authority, and the jurisdiction of the country over which it extends. And, should a stipulation be insisted on for the redelivery of the country, at a future period, you may, engage for such redelivery to the lawful sovereign.

The debts clearly due from the Spanish Government to the people of the Territory, surrendered, may, if insisted on, be assumed within reasonable limits, and under specified descriptions, to be settled hereafter as a claim against Spain in an adjustment of our affairs with her. You may also guarantee, in the name of the United States, the confirmation of all such titles to land as are clearly sanctioned by Spanish laws; and Spanish civil functionaries, where no special reasons may require changes, are to be permitted to remain in office, with the assurance of a continuation of the prevailing laws, with such alterations only as may be necessarily required in the new situation of the country.

If it should be required, and be found necessary, you may agree to advance, as above, a reasonable sum for the transportation of the Spanish troops.

These directions are adapted to one of the contingencies specified in the act of Congress, namely, the amicable surrender of the possession of the Territory by the local ruling authority. But, should the arrangement contemplated by the statute, not be made, and should there be room to entertain a suspicion of an existing design in any foreign power to occupy the country in question, you are to keep yourselves on the alert, and on the first undoubted manifestation of the approach of a force for that purpose, you will exercise with promptness and vigor, the powers with which you are invested by the President to preoccupy by force, the Territory, to the entire exclusion of any armament that may be advancing to take possession of it. In this event you will exercise a sound discretion in applying the powers given with respect to debts, titles to land, civil officers, and the continuation of the Spanish laws; taking care to commit the Government on no point further than may be necessary. And should any Spanish military force remain within the country, after the occupancy by the troops of the United States, you may, in such case, aid in their removal from the same.

The universal toleration which the laws of the United States assure to every religious persuasion, will not escape you as an argument for quieting the minds of uninformed individuals, who may entertain fears on that head.

The conduct you are to pursue in regard to East Florida, must be regulated by the dictates of your own judgments, on a close view and accurate knowledge of the precise state of things there, and of the real disposition of the Spanish Government, always recurring to the present instruction as the paramount rule of your proceedings. Should you discover an inclination in the Governor of East Florida, or in the existing local authority, amicably to surrender that province into the possession of the United States, you are to accept it on the same terms that are prescribed by these instructions in relation to West Florida. And, in case of the actual appearance of any attempt to take possession by a foreign power you will pursue the same effective measures for the occupation of the Territory, and for the exclusion of foreign force, as you are directed to pursue with respect to the country east of the Perdido, forming, at this time, the extent of Governor Folch's jurisdiction.

If you should under these instructions, obtain possession of Mobile, you will lose no time in informing Governor Claiborne thereof, with a request that he will, without delay, take the necessary steps for the occupation of the same.

All ordnance and military stores that may be found in the Territory must be held as the property of the Spanish Government, to be accounted for hereafter to the proper authority; and you will not fail to transmit an inventory thereof to this Department.

If, in the execution of any part of these instructions, you should need the aid of a military force, the same will be afforded you upon your application to the commanding officer of the troops of the United States on that station, or to the commanding officer of the nearest post, in virtue of orders which have been issued from the War Department. And, in case you should moreover need naval assistance, you will receive the same upon your application to the naval commander, in pursuance of orders from the Navy Department.

From the Treasury Department will be issued the necessary instructions in relation to imposts and duties, and to the slave ships whose arrival is apprehended.

The President, relying upon your discretion, authorizes you to draw upon the Collectors of Orleans and Savannah for such sums as may be necessary to defraying unavoidable expenses that may be incurred in the execution of these instructions, not exceeding, in your drafts on New Orleans, eight thousand dollars, and in your drafts on Savannah two thousand dollars, without further authority; of which expenses you will hereafter exhibit a detailed account, duly supported by satisfactory vouchers.

POSTSCRIPT.--If Governor Folch should unexpectedly require and pertinaciously insist that the stipulation for the redelivery of the territory should also include that portion of the country which is situated west of the river Perdido, you are, in yielding to such demand, only to use general words that may by implication comprehend that portion of the country; but, at the same time, you are expressly to provide, that such stipulation shall not, in any way, impair or affect the right or title of the United States to the same.

The Secretary of State to General Matthews.

DEPARTMENT OF STATE, April 4, 1812.

SIR,--I have had the honor to receive your letter of the fourteenth of March, and have now to communicate to you the sentiments of the President, on the very interesting subject to which it relates.

I am sorry to have to state that the measures which you appear to have adopted for obtaining possession of Amelia Island, and other parts of East Florida, are not authorized by the law of the United States, or the instructions founded on it, under which you have acted.

You were authorized by the law, a copy of which was communicated to you, and by your instructions, which are strictly conformable to it, to take possession of East Florida, only in case one of the following contingencies should happen: either that the Governor or other existing local authority should be disposed to place it amicably in the hands of the United States, or that an attempt should be made to take possession of it by a foreign power. Should the first contingency happen, it would follow, that the arrangement being amicable, would require no force on the part of the United States to carry into effect. It was only in case of an attempt to take it by a foreign power that force could be necessary, in which event only were you authorized to avail yourself of it.

In either of these contingencies was it the policy of the law, or purpose of the Executive, to wrest the province forcibly from Spain; but only to occupy it with a view to prevent its falling into the hands of any foreign power, and to hold that pledge, under the existing peculiarity of the circumstances of the Spanish Monarchy, for a just result in an amicable negotiation with Spain.

Had the United States been disposed to proceed otherwise, that intention would have been manifested by a change of the law, and suitable measures to carry it into effect. And as it was in their power to take possession whenever they might think that circumstances authorized and required it, it would be more to be regretted, if possession should be effected by any means irregular in themselves, and subjecting the Government of the United States to unmerited censure.

The views of the Executive respecting East Florida, are further illustrated by your instructions as to West Florida. Although the United States have thought that they had a good title to the latter province, they did not take possession until after the Spanish authority had been subverted by a revolutionary proceeding, and the contingency of the country being thrown into foreign hands, had forced itself into view. Nor did they then, nor have they since, dispossessed the Spanish troops of the post which they occupied. If they did not think proper to take possession by force, of a province to which they thought they were justly entitled, it could not be presumed that they should intend to act differently, in respect to one to which they had not such a claim.

I may add, that, although due sensibility has been always felt for the injuries which were received from the Spanish Government in the last war, the present situation of Spain has been a motive for a moderate and pacific policy towards her.

In communicating to you these sentiments of the Executive on the measures you have lately adopted for taking possession of East Florida, I add, with pleasure, that the utmost confidence is reposed in your integrity and zeal to promote the welfare of your country. To that zeal the error into which you have fallen, is imputed. But, in consideration of the part which you have taken, which differs so essentially from that contemplated and authorized by the Government, and contradicts so entirely the principle on which it has uniformly and sincerely acted, you will be sensible of the necessity of discontinuing the service in which you have been employed.

You will, therefore, consider your powers as revoked on the receipt of this letter. The new duties to be performed will be transferred to the Governor of Georgia, to whom instructions will be given on all the circumstances to which it may be proper, at the present juncture, to call his attention. I am, &c.,

GENERAL MATTHEWS, &c.

The Secretary of State to His Excellency D. B. Mitchell, the Governor of Georgia.

DEPARTMENT OF STATE, April 10, 1812.

SIR,--The President is desirous of availing the public of your services, in a concern of much delicacy and of high importance to the United States. Circumstances with which you are in some degree acquainted, but which will be fully explained by the enclosed papers, have made it necessary to revoke the powers heretofore committed to General Matthews, and to commit them to you. The President is persuaded that you will not hesitate to undertake a trust so important to the nation, and peculiarly to the State of Georgia. He is the more confident in this belief, from the consideration that these new duties may be discharged without interfering, as he presumes, with those of the station which you now hold.

By the act of the fifteenth of January, one thousand eight hundred and eleven, you will observe that it was not contemplated to take possession of East Florida, or any part thereof, unless it should be surrendered to the United States amicably by the Governor, or other local authority of the province, or against an attempt to take possession of it by a foreign power: and you will also see that General Matthews' instructions, of which a copy is likewise enclosed, correspond fully with the law.

By the documents in possession of the Government, it appears that neither of these contingencies have happened; that, instead of an amicable surrender by the Governor, or other local authority, the troops of the United States have been used to dispossess the Spanish authority by force. I forbear to dwell on the details of this transaction, because it is painful to recite them. By the letter to General Matthews, which is enclosed, open for your perusal, you will fully comprehend the views of the Government respecting the late transaction; and, by the law, the former instructions to the General, and the late letter now forwarded, you will be made acquainted with the course of conduct which it is expected of you to pursue in future, in discharging the duties heretofore enjoined on him.

It is the desire of the President that you should turn your attention and direct your efforts, in the first instance, to the restoration of that state of things in the province which existed before the late transactions. The Executive considers it proper to restore back to the Spanish authorities, Amelia Island, and such other parts, if any, of East Florida, as may have thus been taken from them. With this view, it will be necessary for you to communicate directly with the Governor or principal officer of Spain in that province, and to act in harmony with him in the attainment of it. It is presumed that the arrangement will be easily and amicably made between you. I enclose you an order from the Secretary of War to the commander of the troops of the United States to evacuate the country, when requested so to do by you, and to pay the same respect in future to your order in fulfilling the duties enjoined by the law, that he had been instructed to do to that of General Matthews.

In restoring to the Spanish authorities Amelia Island, and such other parts of East Florida as may have been taken possession of in the name of the United States, there is another object to which your particular attention will be due. In the measures lately adopted by General Matthews to take possession of that territory, it is probable that much reliance has been placed, by the people who acted in it, on the countenance and support of the United States. It will be improper to expose these people to the resentment of the Spanish authorities. It is not to be presumed that those authorities, in regaining possession of the Territory, in this amicable mode, from the United States, will be disposed to indulge any such feeling towards them. You will, however, come to a full understanding with the Spanish Governor on this subject, and not fail to obtain from him the most explicit and satisfactory assurance respecting it. Of this assurance you will duly apprise the parties interested, and of the confidence which you repose in it. It is hoped, that, on this delicate and very interesting point, the Spanish Governor will avail himself of the opportunity it presents to evince the friendly disposition of his Government toward the United States.

There is one other remaining circumstance only to which I wish to call your attention, and that relates to General Matthews himself. His gallant and meritorious services in our Revolution, and patriotic conduct since, have always been held in high estimation by the Government. His errors, in this instance, are imputed altogether to his zeal to promote the welfare of his country; but they are of a nature to impose on the Government the necessity of the measures now taken, in giving effect to which you will doubtless feel a disposition to consult, as far as may be, his personal sensibility. I have the honor to be, &c.,

JAMES MONROE.

P. S.--Should you find it impracticable to execute the duties designated above, in person, the President requests that you will be so good as to employ some very respectable character to represent you in it, to whom you are authorized to allow a similar compensation. It is hoped, however, that you may be able to attend to it in person, for reasons which I need not enter into. The expenses to which you may be exposed will be promptly paid to your draft on this Department.

The Secretary of State to D. B. Mitchell, Esq., Governor of Georgia.

DEPARTMENT OF STATE, May 27, 1812.

SIR,--I have had the honor to receive your letter of the second instant, from St. Mary's, where you had arrived in discharge of the trust reposed in you by the President, in relation to East Florida.

My letter by Mr. Isaacs, has, I presume, substantially answered the most important of the queries submitted in your letter, but I will give to each a more distinct answer.

By the law, of which a copy was forwarded to you, it is made the duty of the President to prevent the occupation of East Florida by any foreign power. It follows that you are authorized to consider the entrance, or attempt to enter, especially under existing circumstances, of British troops, of any description, as the case contemplated by the law, and to use the proper means to defeat it.

An instruction will be immediately forwarded to the commander of the naval force of the United States, in the neighborhood of East Florida, to give you any assistance, in case of emergency, which you may think necessary, and require.

It is not expected, if you find it proper to withdraw the troops, that you should interfere to compel the patriots to surrender the country, or any part of it, to the Spanish authorities. The United States are responsible for their own conduct only, not for that of the inhabitants of East Florida. Indeed, in consequence of the comportment of the United States to the inhabitants, you have been already instructed not to withdraw the troops, unless you find that it may be done consistently with their safety, and to report to the Government the result of your conferences with the Spanish authorities, with your opinion of their views, holding in the mean time the ground occupied.

In the present state of our affairs with Great Britain the course above pointed out is the more justifiable and proper. I have the honor to be, &c.,

JAMES MONROE.

FRIDAY, July 3.

A message was received from the Senate, by Mr. SMITH, of Maryland, and Mr. LEIB, a committee appointed for the purpose, notifying the House that the Senate have rejected the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes."

MONDAY, July 6.

On motion of Mr. BIBB,

Resolved, That the injunction of secrecy, so far as concerns "An act to enable the President of the United States, under certain contingencies, to take possession of the country lying east of the Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes," passed on the twelfth of January, one thousand eight hundred and eleven, and "A bill authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes;" passed the twenty-fifth of June last, and the proceedings thereon, respectively, be removed. And, also, so far as relates to the following letters: two from the Secretary of State to General G. Matthews, one dated the twenty-sixth of January, one thousand eight hundred and eleven, and the other the fourth of April, one thousand eight hundred twelve and two from Mr. Monroe to General D. B. Mitchell, one dated the tenth of April, the other the twenty-seventh of May, one thousand eight hundred and twelve.

The doors were then opened.

TWELFTH CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, NOVEMBER 2, 1812.

PROCEEDINGS IN THE SENATE.

MONDAY, November 2, 1812.

The second session of the twelfth Congress commenced this day at the city of Washington, conformably to the act passed at the last session, entitled "An act fixing the time for the next meeting of Congress;" and the Senate assembled in their Chamber.

PRESENT.

NICHOLAS GILMAN and CHARLES CUTTS, from New Hampshire. JOSEPH B. VARNUM, from Massachusetts. CHAUNCEY GOODRICH, from Connecticut. JEREMIAH B. HOWELL, from Rhode Island. JONATHAN ROBINSON, from Vermont. JOHN LAMBERT, from New Jersey. MICHAEL LEIB, from Pennsylvania. OUTERBRIDGE HORSEY, from Delaware. SAMUEL SMITH, from Maryland. JESSE FRANKLIN and JAMES TURNER, from North Carolina. JOHN GAILLARD, from South Carolina. WILLIAM H. CRAWFORD and CHARLES TAIT, from Georgia. GEORGE W. CAMPBELL, from Tennessee. THOS. WORTHINGTON and ALEXANDER CAMPBELL, from Ohio.

There being no quorum, the Senate adjourned till to-morrow.

TUESDAY, November 3.

ANDREW GREGG, from the State of Pennsylvania, and JOHN TAYLOR, from the State of South Carolina, severally attended.

WILLIAM H. CRAWFORD, President pro tempore, resumed the chair.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business.

A message from the House of Representatives informed the Senate that a quorum of the House is assembled and ready to proceed to business. The House have appointed a committee on their part, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States and notify him that a quorum of the two Houses is assembled and ready to receive any communication that he may be pleased to make to them.

The Senate concurred in the appointment of a joint committee on their part, agreeably to the resolution last mentioned; and Messrs. GAILLARD, and SMITH of Maryland, were appointed the committee.

A committee was appointed agreeably to the 42d rule for conducting business in the Senate. Messrs. LEIB, FRANKLIN, and GREGG, are the committee.

Resolved, That each Senator be supplied, during the present session, with three such newspapers printed in any of the States as he may choose, provided that the same be furnished at the usual rate for the annual charge of such papers: and provided, also, that if any Senator shall choose to take any newspapers other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers.

Mr. GAILLARD reported from the joint committee, that they had waited on the President of the United States, and that the President had informed the committee that he would make a communication to the two Houses at twelve o'clock to-morrow.

WEDNESDAY, November 4.

OBADIAH GERMAN, from the State of New York, took his seat in the Senate.

On motion by Mr. LEIB, a committee of three members were appointed, who, with three members of the House of Representatives, to be appointed by the said House, shall have the direction of the money appropriated to the purchase of books and maps for the use of the two Houses of Congress; and Messrs. LEIB, TAIT, and CAMPBELL of Tennessee, were appointed the committee on the part of the Senate.

President's Annual Message.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_Fellow-citizens of the Senate and House of Representatives_:

On our present meeting, it is my first duty to invite your attention to the providential favors which our country has experienced, in the unusual degree of health dispensed to its inhabitants, and in the rich abundance with which the earth has rewarded the labors bestowed on it. In the successful cultivation of other branches of industry, and in the progress of general improvement favorable to the national prosperity, there is just occasion, also, for our mutual congratulations and thankfulness.

With these blessings are necessarily mingled the pressures and vicissitudes incident to the state of war into which the United States have been forced by the perseverance of a foreign power in its system of injustice and aggression.

Previous to its declaration, it was deemed proper, as a measure of precaution and forecast, that a considerable force should be placed in the Michigan Territory, with a general view to its security, and, in the event of war, to such operations in the uppermost Canada as would intercept the hostile influence of Great Britain over the savages, obtain the command of the lake on which that part of Canada borders, and maintain co-operating relations with such forces as might be most conveniently employed against other parts. Brigadier General Hull was charged with this provisional service; having under his command a body of troops composed of regulars and volunteers from the State of Ohio. Having reached his destination after his knowledge of the war, and possessing discretionary authority to act offensively, he passed into the neighboring territory of the enemy, with a prospect of easy and victorious progress. The expedition, nevertheless, terminated unfortunately, not only in a retreat to the town and fort of Detroit, but in the surrender of both, and of the gallant corps commanded by that officer. The causes of this painful reverse will be investigated by a military tribunal.

A distinguishing feature in the operations which preceded and followed this adverse event, is the use made by the enemy of the merciless savages under their influence. Whilst the benevolent policy of the United States invariably recommended peace, and promoted civilization among that wretched portion of the human race; and was making exertions to dissuade them from taking either side in the war, the enemy has not scrupled to call to his aid their ruthless ferocity, armed with the horrors of those instruments of carnage and torture which are known to spare neither age nor sex. In this outrage against the laws of honorable war, and against the feelings sacred to humanity, the British commanders cannot resort to a plea of retaliation; for it is committed in the face of our example. They cannot mitigate it, by calling it a self-defence against men in arms; for it embraces the most shocking butcheries of defenceless families. Nor can it be pretended that they are not answerable for the atrocities perpetrated; since the savages are employed with a knowledge, and even with menaces, that their fury could not be controlled. Such is the spectacle which the deputed authorities of a nation, boasting its religion and morality, have not been restrained from presenting to an enlightened age.

The misfortune of Detroit was not, however, without a consoling effect. It was followed by signal proofs that the national spirit rises according to the pressure on it. The loss of an important post, and of the brave men surrendered with it, inspired every where new ardor and determination. In the States and districts least remote, it was no sooner known, than every citizen was ready to fly with his arms, at once, to protect his brethren against the blood-thirsty savages let loose by the enemy on an extensive frontier, and to convert a partial calamity into a source of invigorated efforts. This patriotic zeal, which it was necessary rather to limit than excite, has embodied an ample force from the States of Kentucky and Ohio, and from parts of Pennsylvania and Virginia. It is placed, with the addition of a few regulars, under the command of Brigadier General Harrison, who possesses the entire confidence of his fellow-soldiers, among whom are citizens, some of them volunteers in the ranks, not less distinguished by their political stations, than by their personal merits. The greater portion of this force is proceeding on its destination, towards the Michigan Territory, having succeeded in relieving an important frontier post, and in several incidental operations against hostile tribes of savages, rendered indispensable by the subserviency into which they had been seduced by the enemy; a seduction the more cruel, as it could not fail to impose a necessity of precautionary severities against those who yielded to it.

At a recent date, an attack was made on a post of the enemy near Niagara, by a detachment of the regular and other forces, under the command of Major General Van Rensselaer, of the militia of the State of New York. The attack, it appears, was ordered, in compliance with the ardor of the troops, who executed it with distinguished gallantry, and were, for a time, victorious; but not receiving the expected support, they were compelled to yield to reinforcements of British regulars and savages. Our loss has been considerable, and is deeply to be lamented. That of the enemy, less ascertained, will be the more felt, as it includes, among the killed, the commanding general, who was also Governor of the province; and was sustained by veteran troops, from inexperienced soldiers, who must daily improve in the duties of the field.

Our expectation of gaining the command of the lakes, by the invasion of Canada from Detroit, having been disappointed, measures were instantly taken to provide, on them, a naval force superior to that of the enemy. From the talents and activity of the officer charged with this object, every thing that can be done may be expected. Should the present season not admit of complete success, the progress made will insure, for the next, a naval ascendency, where it is essential to our permanent peace with, and control over, the savages.

Among the incidents to the measures of the war, I am constrained to advert to the refusal of the Governors of Massachusetts and Connecticut to furnish the required detachments of militia towards the defence of the maritime frontier. The refusal was founded on a novel and unfortunate exposition of the provisions of the constitution relating to the militia. The correspondences which will be before you, contain the requisite information on the subject. It is obvious that, if the authority of the United States to call into service and command the militia for the public defence, can be thus frustrated, even in a state of declared war, and of course, under apprehensions of invasion preceding war, they are not one nation for the purpose most of all requiring it; and that the public safety may have no other resource, than in those large and permanent military establishments which are forbidden by the principles of our free Government, and against the necessity of which the militia were meant to be a constitutional bulwark.

On the coasts, and on the ocean, the war has been as successful as circumstances inseparable from its early stages could promise. Our public ships and private cruisers, by their activity, and, where there was occasion, by their intrepidity, have made the enemy sensible of the difference between a reciprocity of captures, and the long confinement of them to their side. Our trade, with little exception, has safely reached our ports; having been much favored in it by the course pursued by a squadron of our frigates, under the command of Commodore Rodgers. And in the instance in which skill and bravery were more particularly tried with those of the enemy, the American flag had an auspicious triumph. The frigate Constitution, commanded by Captain Hull, after a close and short engagement, completely disabled and captured a British frigate; gaining for that officer, and all on board, a praise which cannot be too liberally bestowed; not merely for the victory actually achieved, but for that prompt and cool exertion of commanding talents, which, giving to courage its highest character, and to the force applied its full effect, proved that more could have been done in a contest requiring more.

Anxious to abridge the evils from which a state of war cannot be exempt, I lost no time after it was declared, in conveying to the British Government the terms on which its progress might be arrested, without awaiting the delays of a formal and final pacification; and our Chargé d'Affaires at London was, at the same time, authorized to agree to an armistice founded upon them. These terms required that the Orders in Council should be repealed as they affected the United States, without a revival of blockades violating acknowledged rules; and that there should be an immediate discharge of American seamen from British ships, and a stop to impressment from American ships, with an understanding that an exclusion of the seamen of each nation from the ships of the other should be stipulated; and that the armistice should be improved into a definitive and comprehensive adjustment of depending controversies. Although a repeal of the Orders susceptible of explanations meeting the views of this Government had taken place before this pacific advance was communicated to that of Great Britain, the advance was declined from an avowed repugnance to a suspension of the practice of impressments during the armistice, and without any intimation that the arrangement proposed, with respect to seamen, would be accepted. Whether the subsequent communications from this Government, affording an occasion for reconsidering the subject on the part of Great Britain, will be viewed in a more favorable light, or received in a more accommodating spirit, remains to be known. It would be unwise to relax our measures, in any respect, on a presumption of such a result.

The documents from the Department of State, which relate to this subject, will give a view also of the propositions for an armistice, which have been received here, one of them from the authorities at Halifax and in Canada, the other from the British Government itself, through Admiral Warren; and of the grounds on which neither of them could be accepted.

Our affairs with France retain the posture which they held at my last communications to you. Notwithstanding the authorized expectations of an early as well as favorable issue to the discussions on foot, these have been procrastinated to the latest date. The only intervening occurrence meriting attention, is the promulgation of a French decree purporting to be a definitive repeal of the Berlin and Milan decrees. This proceeding, although made the ground of the repeal of British Orders in Council, is rendered, by the time and manner of it, liable to many objections.

The final communications from our special Minister to Denmark, afford further proofs of the good effects of his mission, and of the amicable disposition of the Danish Government. From Russia, we have the satisfaction to receive assurances of continued friendship, and that it will not be affected by the rupture between the United States and Great Britain. Sweden also professes sentiments favorable to the subsisting harmony.

With the Barbary Powers, excepting that of Algiers, our affairs remain on the ordinary footing. The Consul General, residing with that Regency, has suddenly, and without cause, been banished, together with all the American citizens found there. Whether this was the transitory effect of capricious despotism, or the first act of predetermined hostility, is not ascertained. Precautions were taken by the Consul on the latter supposition.

The Indian tribes, not under foreign instigations, remain at peace, and receive the civilizing attentions which have proved so beneficial to them.

With a view to that vigorous prosecution of the war to which our national faculties are adequate, the attention of Congress will be particularly drawn to the insufficiency of existing provisions for filling up the Military Establishment. Such is the happy condition of our country, arising from the facility of subsistence and the high wages for every species of occupation, that notwithstanding the augmented inducements provided at the last session, a partial success only has attended the recruiting service. The deficiency has been necessarily supplied during the campaign by other than regular troops, with all the inconveniences and expense incident to them. The remedy lies in establishing more favorably for the private soldier, the proportion between his recompense and the term of his enlistment. And it is a subject which cannot too soon or too seriously be taken into consideration.

The same insufficiency has been experienced in the provisions for volunteers made by an act of the last session. The recompense for the service required in this case is still less attractive than in the other. And although patriotism alone has sent into the field some valuable corps of that description, those alone who can afford the sacrifice can be reasonably expected to yield to that impulse.

It will merit consideration, also, whether, as auxiliary to the security of our frontiers, corps may not be advantageously organized, with a restriction of their services to particular districts convenient to them. And whether the local and occasional services of mariners and others in the seaport towns, under a similar organization, would not be a provident addition to the means of their defence.

I recommend a provision for an increase of the general officers of the army, the deficiency of which has been illustrated by the number and distance of separate commands, which the course of the war and the advantage of the service have required.

And I cannot press too strongly on the earliest attention of the Legislature, the importance of the reorganization of the staff establishment, with a view to render more distinct and definite the relations and responsibilities of its several departments. That there is room for improvements which will materially promote both economy and success, in what appertains to the army and the war, is equally inculcated by the examples of other countries, and by the experience of our own.

A revision of the militia laws for the purpose of rendering them more systematic, and better adapting them to the emergencies of the war, is, at this time, particularly desirable.

Of the additional ships authorized to be fitted for service, two will be shortly ready to sail; a third is under repair, and delay will be avoided in the repair of the residue. Of the appropriations for the purchase of materials for ship building, the greater part has been applied to that object, and the purchase will be continued with the balance.

The enterprising spirit which has characterized our naval force, and its success, both in restraining insults and depredations on our coasts, and in reprisals on the enemy, will not fail to recommend an enlargement of it.

There being reason to believe that the act prohibiting the acceptance of British licenses is not a sufficient guard against the use of them for purposes favorable to the interests and views of the enemy, further provisions on that subject are highly important. Nor is it less so, that penal enactments should be provided for cases of corrupt and perfidious intercourse with the enemy, not amounting to treason, nor yet embraced by any statutory provisions.

A considerable number of American vessels which were in England when the revocation of the Orders in Council took place, were laden with British manufactures, under an erroneous impression that the non-importation act would immediately cease to operate, and have arrived in the United States. It did not appear proper to exercise, on unforeseen cases of such magnitude, the ordinary powers vested in the Treasury Department to mitigate forfeitures, without previously affording to Congress an opportunity of making on the subject such provisions as they may think proper. In their decision, they will doubtless equally consult what is due to equitable considerations and to the public interest.

The receipts into the Treasury during the year ending on the 30th of September last, have exceeded sixteen millions and a half of dollars; which have been sufficient to defray all the demands on the Treasury to that day, including a necessary reimbursement of near three millions of the principal of the public debt. In these receipts is included a sum of near five millions eight hundred and fifty thousand dollars, received on account of the loans authorized by the acts of the last session: the whole sum actually obtained on loan amounts to eleven millions of dollars, the residue of which, being receivable subsequent to the 30th of September last, will, together with the current revenue, enable us to defray all the expenses of this year.

The duties on the late unexpected importations of British manufactures will render the revenue of the ensuing year more productive than could have been anticipated.

The situation of our country, fellow-citizens, is not without its difficulties; though it abounds in animating considerations, of which the view here presented of our pecuniary resources is an example. With more than one nation we have serious and unsettled controversies; and with one, powerful in the means and habits of war, we are at war. The spirit and strength of the nation are nevertheless equal to the support of all its rights, and to carry it through all its trials. They can be met in that confidence. Above all, we have the inestimable consolation of knowing that the war in which we are actually engaged, is a war neither of ambition nor of vain glory; that it is waged, not in violation of the rights of others, but in the maintenance of our own; that it was preceded by a patience without example, under wrongs accumulating without end: and that it was finally not declared until every hope of averting it was extinguished, by the transfer of the British sceptre into new hands clinging to former councils; and until declarations were reiterated to the last hour, through the British Envoy here, that the hostile edicts against our commercial rights and our maritime independence would not be revoked; nay, that they could not be revoked without violating the obligations of Great Britain to other powers, as well as to her own interests. To have shrunk, under such circumstances, from manly resistance, would have been a degradation blasting our best and proudest hopes; it would have struck us from the high ranks where the virtuous struggles of our fathers had placed us, and have betrayed the magnificent legacy which we hold in trust for future generations. It would have acknowledged, that, on the element which forms three-fourths of the globe we inhabit, and where all independent nations have equal and common rights, the American people were not an independent people, but colonists and vassals. It was at this moment, and with such an alternative, that war was chosen. The nation felt the necessity of it, and called for it. The appeal was accordingly made, in a just cause, to the just and all-powerful Being who holds in his hand the chain of events, and the destiny of nations. It remains only, that, faithful to ourselves, entangled in no connections with the views of other powers, and ever ready to accept peace from the hand of justice, we prosecute the war with united counsels and with the ample faculties of the nation, until peace be so obtained, and as the only means, under the Divine blessing, of speedily obtaining it.

JAMES MADISON.

WASHINGTON, November 4, 1812.

The Message and documents were read, and twelve hundred and fifty copies ordered to be printed for the use of the Senate.

THURSDAY, November 12.

PHILIP REED, from the State of Maryland, took his seat in the Senate.

WEDNESDAY, November 18.

ALLAN B. MAGRUDER, appointed a senator by the Legislature of the State of Louisiana, (and who arrived on the 15th,) produced his credentials, was qualified, and then took his seat in the Senate.

WILLIAM HUNTER, from the State of Rhode Island and Providence Plantations, and JAMES LLOYD, from the State of Massachusetts, severally took their seats in the Senate.

FRIDAY, November 20.

STEPHEN R. BRADLEY, from the State of Vermont, took his seat in the Senate.

MONDAY, November 23.

JOHN POPE, from the State of Kentucky, took his seat in the Senate.

THURSDAY, November 26.

RICHARD BRENT, from the State of Virginia, attended; and there being no quorum present the Senate adjourned.

FRIDAY, November 27.

The Senate resumed the consideration of the motion submitted the 24th instant, that they proceed to ascertain the classes in which the Senators of the State of Louisiana should be inserted, as the constitution and rule heretofore prescribe; and, having agreed thereto,

On motion by Mr. TAYLOR,

Ordered, That the Secretary roll up, and put into the ballot box, two lots, No. 1 and No. 3; that the Senator for whom lot No. 1 shall be drawn, shall be inserted in the class of Senators whose terms of service expire on the third day of March next; and the Senator for whom lot No. 3 shall be drawn, shall be inserted in the class of Senators whose terms of service expire four years after the third day of March next.

Whereupon, the numbers above mentioned were by the Secretary rolled up and put into the box, and No. 1 was drawn for ALLAN B. MAGRUDER, who is accordingly in the class of Senators whose terms of service will expire on the third day of March next; and No. 3 was drawn for THOMAS POSEY, who is accordingly in the class of Senators whose terms of service will expire in four years after the third day of March next.

MONDAY, November 30.

GEORGE M. BIBB, from the State of Kentucky, arrived on the 29th, and attended this day.

MONDAY, December 7.

THOMAS POSEY, appointed a Senator by the Governor of the State of Louisiana in place of John Destrahan, resigned, produced his credentials, was qualified, and then took his seat in the Senate.

WEDNESDAY, December 9.

Encouragement to Privateers.

On motion by Mr. GILES,

Resolved, That a committee be appointed to inquire into the expediency of offering encouragements at this time to all mariners and seamen to bring within any of the ports of the United States British public and private armed ships, as well as merchant ships or vessels, belonging to the subjects of the United Kingdom of Great Britain and Ireland; and that the committee have leave to report by bill or otherwise.

Messrs. GILES, LLOYD, SMITH of Maryland, TAIT, and TAYLOR, were appointed the committee.

FRIDAY, December 11.

SAMUEL W. DANA, from the State of Connecticut, attended.

Capture of the Macedonian and the Frolic.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United States_:

I transmit to Congress copies of a letter to the Secretary of the Navy, from Captain Decatur, of the frigate United States, reporting his combat and capture of the British frigate Macedonian. Too much praise cannot be bestowed on that officer and his companions on board, for the consummate skill and conspicuous valor by which this trophy has been added to the naval arms of the United States.

I transmit, also, a letter from Captain Jones, who commanded the sloop of war Wasp, reporting his capture of the British sloop of war Frolic, after a close action, in which other brilliant titles will be seen to the public admiration and praise.

A nation, feeling what it owes to itself and to its citizens, could never abandon to arbitrary violence, on the ocean, a class of them which give such examples of capacity and courage, in defending their rights on that element; examples which ought to impress on the enemy, however brave and powerful, preference of justice and peace, to hostility against a country, whose prosperous career may be accelerated, but cannot be prevented by the assaults made on it.

JAMES MADISON.

WASHINGTON, Dec. 11, 1812.

The Message and papers were read, and referred to the committee appointed 9th November last, to consider that part of the Message of the President of the United States which relates to the Naval Establishment.

THURSDAY, December 31.

Death of the Representative, John Smilie.

A message from the House of Representatives informed the Senate of the death of JOHN SMILIE, late a member of the House of Representatives, from the State of Pennsylvania; and that his remains will be interred this day at two o'clock.

Resolved, That the Senate will attend the funeral of JOHN SMILIE, late a member of the House of Representatives from the State of Pennsylvania, this day at two o'clock; and, as a testimony of respect for the memory of the deceased, they will go into mourning, and wear a black crape round the left arm for thirty days.

TUESDAY, January 5, 1813.

The credentials of JOHN GAILLARD, appointed a Senator by the Legislature of the State of South Carolina, for six years, commencing on the 4th day of March next, were presented, read, and ordered to lie on file.

WEDNESDAY, January 6.

The credentials of ABNER LACOCK, appointed a Senator by the Legislature of the State of Pennsylvania for the term of six years, commencing on the 4th day of March next, were read, and ordered to lie on file.

MONDAY, January 11.

JAMES A. BAYARD, from the State of Delaware, arrived on the 9th instant, and attended this day.

WEDNESDAY, January 13.

Capture of British Vessels.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

To the Senate of the United States:

I transmit to the Senate copies of the correspondence called for by their resolution of the 7th instant.

JAMES MADISON.

JANUARY 13, 1813.

The Message and papers therein referred to were read, and referred to the committee appointed the 9th November, on so much of the Message of the President of the United States as relates to the Naval Establishment, to consider and report thereon.

The documents are as follow:

BLACK ROCK, October 9, 1812.

SIR: I have the honor to inform you that, on the morning of the 8th instant, two British vessels, which I was informed were His Britannic Majesty's brig Detroit, late the United States' brig Adams, and the brig Hunter, mounting fourteen guns, but which afterwards proved to be the brig Caledonia, both said to be well armed and manned, came down the lake, and anchored under the protection of Fort Erie. Having been on the lines for some time, and in a measure inactively employed, I determined to make an attack, and, if possible, get possession of them; a strong inducement to this attempt arose from a conviction that, with those two vessels, added to those which I have purchased and am fitting out, I should be able to meet the remainder of the British force on the upper lakes, and save an incalculable expense and labor to the Government. On the morning of their arrival, I heard that our seamen were but a short distance from this place, and immediately despatched an express to the officers, directing them to use all possible despatch in getting the men to this place, as I had important service to perform. On their arrival, which was about 12 o'clock, I discovered that they had only twenty pistols, and neither cutlasses nor battle axes; but on application to Generals Smyth and Hall, of the regulars and militia, I was supplied with a few arms, and General Smyth was so good, on my request, as immediately to detach fifty men from the regulars, armed with muskets; by four o'clock, in the afternoon, I had my men selected and stationed in two boats which I had previously prepared for the purpose; with those boats, fifty men in each, and under circumstances very disadvantageous, my men having had scarcely time to refresh themselves, after a fatiguing march of five hundred miles, I put off from the mouth of Buffalo creek, at one o'clock the following morning; and at three I was alongside the vessels; in about ten minutes I had the prisoners all secured, the topsails sheeted home, and the vessels under way; unfortunately the wind was not sufficiently strong to get me up against a rapid current into the lake, where I understood another armed vessel lay at anchor, and I was obliged to run down the river by the forts, under a heavy fire of round, grape, and canister, from a number of pieces of heavy ordnance, and several pieces of flying artillery; was compelled to anchor at a distance of about four hundred yards from two of their batteries. After the discharge of the first gun, which was from the flying artillery, I hauled to the shore, and observed to the officer that if another gun was fired, I would bring the prisoners on deck, and expose them to the fate we should all share; but notwithstanding they disregarded the caution, continuing a constant and destructive fire, one single moment's reflection determined me not to commit an act that would subject me to the imputation of barbarity. The Caledonia had been beached in as safe a position as the circumstances would admit of, under one of our batteries at Black Rock; I now brought all the guns of the Detroit on one side, next the enemy, stationed the men at them, and directed a fire, which was continued as long as our ammunition lasted, and circumstances permitted. During the contest, I endeavored to get the Detroit on our side, by sending a line (there being no wind) on shore, with all the line I could muster; but the current being so strong the boat could not reach the shore. I then hauled on shore, and requested that warps should be made fast on the land and sent on board, the attempt to do which again proved useless. As the fire was such as would, in all probability, sink the vessel in a short time, I determined to drop down the river, out of reach of the batteries, and make a stand against the flying artillery. I accordingly cut the cable and made sail, with very light airs, and at that instant discovered that the pilot had abandoned me. I dropped astern, for about ten minutes, when I was brought up on our shore, on Squaw Island; got the boarding boat made, had all the prisoners put in and sent on shore, with directions for the officer to return for me, and what property we could get from the brig; he did not return, owing to the difficulty of the boat's getting ashore. Discovering a skiff under the counter, I sent the four remaining prisoners in the boat, and, with my officer, I went on shore to bring the boat off; I asked for protection to the brig of Lieutenant Colonel Scott, who readily gave it; at this moment I discovered a boat, with about forty soldiers, from the British side, making for the brig; they got on board, but were soon compelled to abandon her, with the loss of nearly all their men. During the whole of this morning both sides of the river kept up, alternately, a constant fire on the brig, and so much injured her that it was impossible to have floated her. Before I left her, she had received twelve shot, of large size, in her bends, her sails in ribands, and her rigging all cut to pieces. To my officers and men, I feel under great obligations; to Captain Towson, and Lieutenant Roach, of the second regiment of artillery; Ensign Presstman, of the infantry; to Cornelius Chapin, Mr. John McComb, Messrs. John Tower, Thomas Davis, Peter Overtacks, James Sloan, resident gentlemen of Buffalo, for their soldier and sailor-like conduct; in a word, every man fought with their hearts animated only by the interest and honor of their country. The prisoners I have turned over to the military. The Detroit mounted six six-pound long guns; a commanding lieutenant, a lieutenant of marines, a boatswain and gunner, and fifty-six men; about thirty American prisoners on board; muskets, pistols, and battle-axes; in boarding her, I lost one man, one officer wounded; Mr. John C. Cummings, acting midshipman, a bayonet through the leg; his conduct was correct, and deserves the notice of the Department.

The Caledonia mounted two small guns, blunderbusses, pistols, muskets, cutlasses, and boarding pistols; twelve men, including officers; ten prisoners on board; the boat boarding her, commanded by Sailing-master George Watts, performed his duty in a masterly style; but one man killed and four wounded badly, I am afraid mortally.

I enclose you a list of the officers and men engaged in the enterprise, and also a view of the lake and river in the different situations of attack; in a day or two I shall forward the names of the prisoners. The Caledonia belongs to the Northwest Company, laden with furs, worth, I understood, two hundred thousand dollars.

JESSE D. ELLIOTT.

Hon. PAUL HAMILTON, Secretary of the Navy.

Lieutenant Elliott to the Secretary of the Navy.

BLACK ROCK, October 10, 1812.

SIR: In my letter of yesterday's date, I stated my intention to enclose to you a list of the officers and men engaged with me in capturing His Britannic Majesty's brig, the Detroit, and brig Caledonia. The incessant fire of the enemy, and my own constant engagements for the protection of the vessels, compel me to postpone sending that list until another opportunity. Last evening, having observed an intention, on the part of the enemy, to remove the ordnance and military stores with which the Detroit was charged, I determined at once to set her on fire; thereby to prevent her having the aid of masts and yards in getting her guns into boats, she having five twelve-pound guns in her hold, and six six-pounders upon her deck, that I could prepare them, and, with my sailors, remove the ordnance during the night, when unobserved by the enemy. These preparations I am now making, and shall, with as much expedition as possible, continue to get the ordnance, and place it in our battery, as we are much in want--- not one piece at Black Rock. The Caledonia I have perfectly recovered from the enemy.

I have the honor to be, with great respect, &c.,

JESSE D. ELLIOTT.

Lieutenant Elliott to Commodore Chauncey, dated

BLACK ROCK, October 10, 1812.

SIR: I have the honor to inform you that, on the morning of the 6th instant, two vessels, under British colors, came down Lake Erie, and anchored under the protection of Fort Erie; that, on the same day, a detachment of men arrived from New York, accompanied by Sailing-masters Watts and Chisson, with some masters' mates and midshipmen; that, on the morning following, I, with two boats previously prepared for the purpose, boarded and took possession of them, with the loss of two men killed, Samuel Fortune and Daniel Martin, and four wounded--Acting Midshipman John C. Cummings, John Garling, Nathan Armstrong, Jerome Sardie, and John Yosen. As there is not a probability of your receiving this shortly, I have made a communication to the Department upon the subject, a copy of which I enclose for your perusal. I beg you will not have conceived me hasty in making this attack. I acted as if the action came directly from yourself.

Let me recommend to your particular attention the officers and men who performed this service--each and all did their duty. The ensign of the Adams I will send you at an early opportunity; it is at your disposal. The particulars, as it regards the vessels, I will forward you in a day or two; at present I am much engaged. With sentiments, &c.

P. S. I have neglected mentioning to you the names of the vessels captured. One, His Britannic Majesty's brig, "the Detroit," formerly the United States' brig Adams; the other, a brig belonging to the Northwest Company, loaded with skins, called the Caledonia.

Commodore Chauncey to Paul Hamilton, Esq., Secretary of the Navy.

SACKETT'S HARBOR, October 16, 1812.

SIR: I have great pleasure in informing you that, by a gentleman who arrived here yesterday afternoon, from Buffalo, I learn that Lieutenant Elliott, with about sixty sailors, and a number of volunteer militia, cut out from under the guns of Fort Erie, on the night of the 8th instant, the brig Adams (lately surrendered at Detroit) and the schooner Caledonia, laden with peltry, said to be very valuable; but, in running these vessels for Black Rock, they both grounded, in such a situation that the British fort was firing on them, when my informant left there on Friday morning last. It was, however, believed that, if they could not be got off, they could be destroyed. I, however, hope that Lieutenant Elliott will be able to save both vessels; for, such an addition to our little force on Lake Erie, at this time, would be invaluable. Lieutenant Elliott deserves much praise for the promptness with which he executed this service; as the sailors had only arrived at Black Rock on the 8th, and he had no particular orders from me, except to have boats built and prepared for cutting out the British vessels, which I knew rendezvoused near Fort Erie. If Lieutenant Elliott succeeds in saving the Adams and Caledonia, I think that we shall obtain the command of Lake Erie before December; but, as to this lake, I hardly know what to say, as there has not a single pound of powder, nor a gun, arrived yet, and I can make no calculation when any will arrive. I feel quite discouraged, and shall be tempted to seek the enemy, with the Oneida alone, if the guns do not arrive soon.

The sailors have all arrived at their places of destination; but the marines have not arrived. I, however, hope to see them to-day or to-morrow.

I have the honor to be, &c.

ISAAC CHAUNCEY.

Hon. PAUL HAMILTON, Secretary of the Navy.

SACKETT'S HARBOR, October 27, 1812.

SIR: I have the honor of enclosing you copies of two letters from Lieutenant Elliott, giving an account of his having cut out from under Fort Erie, on Lake Erie, in a most gallant manner, two British brigs, the Detroit (late Adams) and the Caledonia. The Detroit was manned and armed as a man of war; the Caledonia belonged to the Northwest Company, and was loaded with peltry.

Nothing that I can say, more than I have already said in a former communication upon this subject, will add to the credit of Lieutenant Elliott, and the gallant officers and men who accompanied him. The thing speaks for itself, and will, I am sure, be duly appreciated by all who may have any idea of the difficulties that he had to encounter, after getting possession of these vessels. I have the honor to be, &c.

ISAAC CHAUNCEY.

Hon. PAUL HAMILTON, Secretary of the Navy.

WASHINGTON, Jan, 8, 1812.

SIR: In answer to your note, requesting of me "a general description of the armament and stores on board at the time of the capture of the Adams, and the probable number of men," I can state that I sailed from Maiden in the Adams, and arrived at Fort Erie on the morning preceding the night in which you captured that vessel. I left her in the afternoon, and crossed in her boat to Buffalo, with a flag. When I left the Adams, she had on board five guns mounted, (six and four pounders,) and six long twelves in her hold. She had also on board a quantity of powder and ball, and a number of boxes of muskets. I am not able to state, of my own knowledge, the number of stand of arms, but I have been informed that nearly all the arms taken at Detroit were on board; if that was the fact, the number must have been two thousand. The number of the crew that I left on board could not vary much from sixty, and the number of American prisoners about thirty, including three officers. I have the honor to be, &c.

HARRIS H. HICKMAN.

Lieut. D. ELLIOTT, U. S. Navy.

NAVY DEPARTMENT, October 27, 1812.

SIR: I have received, with great satisfaction, your communication of the ninth instant, and have been desired by the President of the United States to return to you, and through you to the officers and men under your command, in the expedition to Fort Erie, which terminated to the glory of the American arms, his particular thanks. I am, with great respect, &c.

PAUL HAMILTON.

P. S. Your having abstained from fulfilling your intimation that you would expose your prisoners to the enemy's fire, is highly approved.

JESSE D. ELLIOTT, Esq., Lieut. Commanding, Black Rock.

TUESDAY, January 26.

Honors to Hull. Decatur, Jones, and Elliott.

The amendment to the joint resolution relative to the brilliant achievements of Captains Hull, Decatur, and Jones, having been reported by the committee correctly engrossed, the resolution was read a third time as amended; and the title thereof was amended, to read as follows: "A resolution relative to the brilliant achievements of Captains Hull, Decatur, Jones, and Lieutenant Elliott."

Resolved, That this resolution pass with amendments.

FRIDAY February 5.

JAMES BROWN, appointed a Senator by the State of Louisiana, in the place of John Noel Detrehan, resigned, produced his credentials, was qualified, and took his seat in the Senate.

TUESDAY, February 9.

The credentials of CHAUNCEY GOODRICH, appointed a Senator by the Legislature of the State of Connecticut for the term of six years, commencing on the 4th day of March next, were read, and laid on file.

WEDNESDAY, February 10.

Counting Electoral Votes.

A message from the House of Representatives informed the Senate that the House agree to the report of the joint committee appointed to ascertain and report a mode of examining the votes for President and Vice President of the United States, and of notifying the persons elected of their election, and have appointed Messrs. MACON and TALLMADGE, tellers, on their part.

Ordered, That Mr. FRANKLIN be appointed a teller of the ballots for President and Vice President of the United States, on the part of the Senate, in place of Mr. GAILLARD, absent from indisposition.

A message from the House of Representatives informed the Senate that the House is now ready to attend the Senate in opening the certificates and counting the votes of the Electors of the several States, in the choice of a President and Vice President of the United States, in pursuance of the resolution of the two Houses of Congress; and that the President of the Senate will be introduced to the Speaker's Chair, by the Speaker of the House of Representatives.

The two Houses of Congress, agreeably to the joint resolution, assembled in the Representatives' Chamber, and the certificates of the Electors of the several States were, by the President of the Senate, opened and delivered to the tellers appointed for the purpose, who, having examined and ascertained the number of votes, presented a list thereof to the President of the Senate, which was read, as follows:

--------------------------------------------------------------+ | President. | Vice President. | States. +----------+----------+----------+----------+ | James | De Witt | Elbridge | Jared | | Madison. | Clinton. | Gerry. |Ingersoll.| ------------------+----------+----------+----------+----------+ New Hampshire | - | 8 | 1 | 7 | Massachusetts | - | 22 | 2 | 20 | Rhode Island | - | 4 | - | 4 | Connecticut | - | 9 | - | 9 | Vermont | 8 | - | 8 | - | New York | - | 29 | - | 29 | New Jersey | - | 8 | - | 8 | Pennsylvania | 25 | - | 25 | - | Delaware | - | 4 | - | 4 | Maryland | 6 | 5 | 6 | 5 | Virginia | 25 | - | 25 | - | North Carolina | 15 | - | 15 | - | South Carolina | 11 | - | 11 | - | Georgia | 8 | - | 8 | - | Kentucky | 12 | - | 12 | - | Tennessee | 8 | - | 8 | - | Ohio | 7 | - | 7 | - | Louisiana | 3 | - | 3 | - | ------------------+----------+----------+----------+----------+ Totals | 128 | 89 | 131 | 86 | ------------------+----------+----------+----------+----------+

The whole number of votes being 217, of which 109 makes a majority; JAMES MADISON had for President of the United States 128 votes, and ELBRIDGE GERRY had for Vice President of the United States 131 votes:

Whereupon, the President of the Senate declared JAMES MADISON elected President of the United States, for four years, commencing with the fourth day of March next, and ELBRIDGE GERRY, Vice President of the United States, for four years, commencing on the fourth day of March next.

The votes of the Electors were then delivered to the Secretary of the Senate; the two Houses of Congress separated, and the Senate returned to their own Chamber; and, on motion, adjourned.

THURSDAY, February 11.

Vice President Elect.

On motion, by Mr. FRANKLIN,

Resolved, That the President of the United States be requested to cause to be transmitted to ELBRIDGE GERRY, Esq., of Massachusetts, Vice President elect of the United States, notification of his election to that office, and that the President of the Senate do make and sign a certificate in the words following, to wit:

"Be it enacted, That the Senate and House of Representatives of the United States of America, being convened at the city of Washington, on the second Wednesday of February, in the year of our Lord one thousand eight hundred and thirteen, the underwritten President of the Senate, pro tempore, did, in the presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the Electors for a President and Vice President of the United States; whereupon it appeared that JAMES MADISON, of Virginia, had a majority of the votes of the Electors as President, and ELBRIDGE GERRY, of Massachusetts, had a majority of the votes of the Electors as Vice President; by all which it appears that JAMES MADISON, of Virginia, has been duly elected President, and ELBRIDGE GERRY, of Massachusetts, has been duly elected Vice President of the United States, agreeably to the constitution.

"In witness whereof, I have herewith set my hand and caused the seal of the Senate to be affixed, this ---- day of February, 1813."

And that the President of the Senate do cause the certificates aforesaid to be laid before the President of the United States, with this resolution.

MONDAY, February 22.

Capture and Destruction of the Java.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

To the Senate and House of Representatives of the United States:

I lay before Congress a letter, with accompanying documents, from Captain Bainbridge, now commanding the United States' frigate, the Constitution, reporting his capture and destruction of the British frigate, the Java. The circumstances and the issue of this combat, afford another example of the professional skill and heroic spirit which prevail in our naval service. The signal display of both, by Captain Bainbridge, his officers, and crew, command the highest praise.

This being a second instance in which the condition of the captured ship, by rendering it impossible to get her into port, has barred a contemplated reward of successful valor, I recommend to the consideration of Congress the equity and propriety of a general provision, allowing, in such cases, both past and future, a fair proportion of the value which would accrue to the captors, on the safe arrival and sale of the prize.

JAMES MADISON.

FEBRUARY 22, 1813.

The Message and accompanying documents were read, and referred to the committee appointed the 9th of November, who have under consideration the naval affairs of the United States, to consider and report thereon.

TUESDAY, February 23.

Naturalized Citizens Claiming Protection.

Mr. LEIB presented the memorial of a number of inhabitants of the city and liberties of Philadelphia, stating that they are natives of the United Kingdom of Great Britain and Ireland, and citizens of the United States by adoption; and that, by a late proclamation, issued by the Prince Regent of said Kingdom, the penalty of death is denounced against such of the natural born subjects thereof as shall adhere or give aid to the United States, thereby subjecting them to the punishment for treason against said Kingdom whenever the United States shall call upon them to take part in the existing war, and praying such provision for their protection as the wisdom of Congress may dictate; and the memorial was read.

WEDNESDAY, March 3.

Six o'clock in the evening.

Adjournment.

The Senate proceeded to consider the resolution from the House of Representatives, for the appointment of a joint committee to wait on the President of the United States, and notify him of the intended recess, and concurred therein; and Messrs. VARNUM and GAILLARD were appointed the committee on the part of the Senate.

Mr. VARNUM reported, from the committee, that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress. Whereupon, the President adjourned the Senate to meet on the fourth Monday in May next.

INAUGURAL SPEECH.

From the National Intelligencer of March 5, 1813.

Yesterday being the day on which commenced the second term of Mr. Madison's re-election to the Presidency, he took the oath to support the Constitution of the United States, administered to him by Chief Justice Marshall, in the presence of many members of Congress, the Judges of the Supreme Court, the foreign Ministers, and a great concourse of ladies and gentlemen. The President was escorted to the Capitol by the cavalry of the District, and received, on his approach to it, by the several volunteer corps of this city, Georgetown, and Alexandria, drawn up in line for the purpose. Previous to taking the oath in the Chamber of the House of Representatives, the President delivered the following

SPEECH:

About to add the solemnity of an oath to the obligations imposed by a second call to the station in which my country heretofore placed me, I find, in the presence of this respectable assembly, an opportunity of publicly repeating my profound sense of so distinguished a confidence, and of the responsibility united with it. The impressions on me are strengthened by such an evidence, that my faithful endeavors to discharge my arduous duties have been favorably estimated; and by a consideration of the momentous period at which the trust has been renewed. From the weight and magnitude now belonging to it, I should be compelled to shrink, if I had less reliance on the support of an enlightened and generous people, and felt less deeply a conviction, that the war with a powerful nation, which forms so prominent a feature in our situation, is stamped with that justice, which invites the smiles of Heaven on the means of conducting it to a successful termination.

May we not cherish this sentiment, without presumption, when we reflect on the characters by which this war was distinguished?

It was not declared on the part of the United States, until it had been long made on them, in reality though not in name; until arguments and expostulations had been exhausted; until a positive declaration had been received, that the wrongs provoking it would not be discontinued; nor until this last appeal could no longer be delayed without breaking down the spirit of the nation, destroying all confidence in itself and in its political institutions, and either perpetuating a state of disgraceful suffering, or regaining, by more costly sacrifices and more severe struggles, our lost rank and respect among independent powers.

On the issue of the war are staked our national sovereignty on the high seas, and the security of an important class of citizens, whose occupations give the proper value to those of every other class. Not to contend for such a stake, is to surrender our equality with other powers on the element common to all, and to violate the sacred title which every member of the society has to its protection. I need not call into view the unlawfulness of the practice by which our mariners are forced, at the will of every cruising officer, from their own vessels into foreign ones, nor paint the outrages inseparable from it. The proofs are in the records of each successive administration of our Government; and the cruel sufferings of that portion of the American people have found their way to every bosom not dead to the sympathies of human nature.

As the war was just in its origin, and necessary and noble in its objects, we can reflect with a proud satisfaction, that, in carrying it on, no principle of justice or honor, no usage of civilized nations, no precept of courtesy or humanity have been infringed. The war has been waged on our part with scrupulous regard to all these obligations, and in a spirit of liberality which was never surpassed.

How little has been the effect of this example on the conduct of the enemy!

They have retained as prisoners of war citizens of the United States, not liable to be so considered under the usages of war.

They have refused to consider as prisoners of war, and threatened to punish as traitors and deserters, persons emigrating, without restraint, to the United States; incorporated, by naturalization into our political family, and fighting under the authority of their adopted country, in open and honorable war, for the maintenance of its rights and safety. Such is the avowed purpose of a Government which is in the practice of naturalizing, by thousands, citizens of other countries, and not only of permitting, but compelling, them to fight its battles against their native country.

They have not, it is true, taken into their own hands the hatchet and the knife, devoted to indiscriminate massacre; but they have let loose the savages, armed with these cruel instruments; have allured them into their service, and carried them to battle by their sides, eager to glut their savage thirst with the blood of the vanquished, and to finish the work of torture and death on maimed and defenceless captives: and, what was never before seen, British commanders have extorted victory over the unconquerable valor of our troops, by presenting to the sympathy of their chief awaiting massacre from their savage associates.

And now we find them, in further contempt of the modes of honorable warfare, supplying the place of a conquering force, by attempts to disorganize our political society, to dismember our confederated Republic. Happily, like others, these will recoil on the authors; but they mark the degenerate counsels from which they emanate; and if they did not belong to a series of unexampled inconsistencies, might excite the greater wonder, as proceeding from a Government which founded the very war in which it has been so long engaged, on a charge against the disorganizing and insurrectional policy of its adversary.

To render the justice of the war on our part the more conspicuous, the reluctance to commence it was followed by the earliest and strongest manifestations of a disposition to arrest its progress. The sword was scarcely out of the scabbard, before the enemy was apprised of the reasonable terms on which it would be resheathed. Still more precise advances were repeated, and have been received in a spirit forbidding every reliance not placed on the military resources of the nation.

These resources are amply sufficient to bring the war to an honorable issue. Our nation is, in number, more than half that of the British isles. It is composed of a brave, a free, a virtuous, and an intelligent people. Our country abounds in the necessaries, the arts, and the comforts of life. A general prosperity is visible in the public countenance. The means employed by the British Cabinet to undermine it, have recoiled on themselves; have given to our national faculties a more rapid development; and draining or diverting the precious metals from British circulation and British vaults, have poured them into those of the United States. It is a propitious consideration, that an unavoidable war should have found this seasonable facility for the contributions required to support it. When the public voice called for war, all knew and still know, that without them it could not be carried on through the period which it might last; and the patriotism, the good sense, and the manly spirit of our fellow-citizens, are pledges for the cheerfulness with which they will bear each his share of the common burden. To render the war short, and its success sure, animated, and systematic exertions alone are necessary; and the success of our arms now may long preserve our country from the necessity of another resort to them. Already have the gallant exploits of our naval heroes proved to the world our inherent capacity to maintain our rights on one element. If the reputation of our arms has been thrown under clouds on the other, presaging flashes of heroic enterprise assure us that nothing is wanting to correspondent triumphs there also, but the discipline and habits which are in daily progress.

TWELFTH CONGRESS.--SECOND SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, November 2, 1812.

This being the day appointed by law for the meeting of Congress, the following members of the House of Representatives appeared, and took their seats, to wit:

From New Hampshire--Samuel Dinsmoor, Obed Hall, and John A. Harper.

From Massachusetts--Abijah Bigelow, Elijah Brigham, Richard Cutts, Wm. Ely, Isaiah L. Green, Ebenezer Seaver, William M. Richardson, Charles Turner, jr., Laban Wheaton, Leonard White, Wm. Widgery.

From Rhode Island--Richard Jackson, jr.

From Connecticut--Epaphroditus Champion, John Davenport, jr., Lyman Law, and Jonathan O. Mosely.

From Vermont--Martin Chittenden, Wm. Strong.

From New York--Daniel Avery, Harmanus Bleecker, James Emott, Asa Fitch, Sam. L. Mitchill, Benjamin Pond, Thomas Sammons, Pierre Van Cortlandt, jr.

From New Jersey--Adam Boyd, Lewis Condict, Jacob Hufty, and Thomas Newbold.

From Pennsylvania--Wm. Anderson, David Bard, Robert Brown, William Crawford, William Findlay, Abner Lacock, Aaron Lyle, Jonathan Roberts, Wm. Rodman, Adam Seybert, John Smilie, Geo. Smith, and Robert Whitehill.

From Maryland--Stevenson Archer, Charles Goldsborough, Joseph Kent, Philip B. Key, Peter Little, Alexander McKim, Samuel Ringgold, Philip Stuart, and Robert Wright.

From Virginia--John Baker, Burwell Bassett, Matthew Clay, John Dawson, Thomas Gholson, Peterson Goodwyn, Aylett Hawes, Joseph Lewis, jr., William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, jr., and John Roane.

From North Carolina--Willis Alston, jr., William Blackledge, Meshack Franklin, Nathaniel Macon, Archibald McBryde, and Joseph Pearson.

From South Carolina--William Butler, John C. Calhoun, Elias Earle, William Lowndes, Thos. Moore, and Richard Wynn.

From Georgia--William W. Bibb, Geo. M. Troup.

From Kentucky--Henry Clay, Speaker, Joseph Desha, and Stephen Ormsby.

From Tennessee--Felix Grundy, John Rhea, and John Sevier.

From Ohio--Jeremiah Morrow.

From Indiana Territory--Jona. Jennings, Delegate.

A quorum, consisting of a majority of the whole House, being present, it was ordered that the Clerk do acquaint the Senate therewith.

On motion of Mr. DAWSON, a committee was appointed on the part of the House, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communication he may be pleased to make to them.

Mr. DAWSON and Mr. BLEECKER were appointed the committee on the part of the House.

TUESDAY, November 3.

Several other members, to wit: From Massachusetts, FRANCIS CARR; from Connecticut, TIMOTHY PITKIN, jr.; from Vermont, SAMUEL SHAW; from New York, ARUNAH METCALF, SILAS STOW, and URI TRACY; from Pennsylvania, JOHN M. HYNEMAN; from Virginia, JOHN SMITH, and THOMAS WILSON; from North Carolina, RICHARD STANFORD; from S. Carolina, LANGDON CHEVES, and DAVID R. WILLIAMS; and, from Kentucky, RICHARD M. JOHNSON, appeared, and took their seats.

A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business. They have appointed a committee on their part, jointly with the committee on the part of this House, to inform the President of the United States that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them.

Mr. DAWSON, from the joint committee appointed to wait on the President of the United States, reported that the committee had performed the service assigned to them, and that the President answered that he would make a communication to the two Houses of Congress to-morrow at 12 o'clock.

And then the House adjourned.

WEDNESDAY, November 4.

Several other members, to wit: From Vermont, JAMES FISK; from North Carolina, WM. R. KING and ISRAEL PICKENS; from Georgia, BOLLING HALL; and from Kentucky, ANTHONY NEW, appeared, and took their seats.

A Message was received from the PRESIDENT OF THE UNITED STATES. [For which, see Senate proceedings of this date, ante, page 567.]

The Message having been read was referred, with the documents accompanying it, to the Committee of the whole House on the state of the Union.

THURSDAY, November 5.

Constitution and the Guerriere.

Mr. DAWSON rose and said:--Mr. Speaker, I take this early moment to present to you a resolution which I feel pleasure and pride in believing will meet the general approbation, not only of this House, but of the nation.

The President of the United States, in his Message, which was read on yesterday, has, in terms eloquent and appropriate, made mention of an engagement which has taken place between an American frigate and one of His Britannic Majesty's, which has rendered to the officers and crew of our frigate that justice which they so justly merited; an engagement in which American tars have proven to the world, that when commanded by officers of skill, valor, and fidelity, they are capable of contending with, and of vanquishing, those of any nation on the earth, upon any element--even on that element where British skill has so justly acquired so much celebrity, and that the American flag, when authorized by the constituted authorities of our country, will command respect on the high road of nations. Far, very far be it from me to boast--it ill becomes an individual or a nation, and is never the concomitant of true courage; but on the present occasion it seems to me proper that we should express our sentiments--our feelings, and thereby the feelings of the nation. I shall, therefore, without further comment, offer you the following resolution, observing that the facts stated have been ascertained at the proper department, and the proofs are on my table:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, requested to present, in the name of Congress, to Captain Isaac Hull, a gold medal, with suitable emblems and devices; and that the sum of ---- thousand dollars be, and the same is hereby, appropriated, to be distributed as prize money to the officers and crew of the United States' frigate the Constitution, of forty-four guns, according to the provisions of the act for the better government of the Navy of the United States; in testimony of the high sense entertained by Congress of the gallantry, good conduct, and services of Captain Hull, the officers, and crew, of the said frigate Constitution, in attacking, vanquishing, and capturing the British frigate the Guerriere, mounting fifty-four carriage guns, thereby exhibiting an example highly honorable to the American character, and instructive to our rising Navy.

Some conversation passed on the proper mode of disposing of this subject, in the course of which

Mr. SEYBERT suggested the propriety of also giving some distinctive or medals to the crew of the Constitution, who he thought were too generally overlooked in such cases.

Mr. WRIGHT approved the spirit of the resolution, but hoped the other officers would receive swords, and the men suitable rewards; and confidently hoped a gold medal would be voted to the nearest relative of Lieutenant William Bush of the marines, a young gentleman from his district, who fell gallantly fighting in that action, covered with wounds and glory; he, therefore, for that purpose, moved that the resolution be referred to a select committee.

The resolution was eventually ordered to lie on the table till a committee should be appointed to whom it should be referred.

FRIDAY, November 6.

Several other members, to wit: from New Jersey, GEORGE C. MAXWELL; from Massachusetts, EZEKIEL BACON; from Connecticut, LEWIS B. STURGES; and from Pennsylvania, JAMES MILNOR, appeared, and took their seats.

GEORGE POINDEXTER, the Delegate from the Mississippi Territory, also appeared, and took his seat.

MONDAY, November 9.

Several other members, to wit: from Massachusetts, SAMUEL TAGGART; from Connecticut, BENJAMIN TALLMADGE; from New York, EBENEZER SAGE, and THOMAS R. GOLD; from Pennsylvania, ROGER DAVIS; from Delaware, HENRY M. RIDGELY; and from Virginia, JOHN TALIAFERRO, appeared, and took their seats.

Encouragement to Privateers.

Mr. MITCHILL presented a petition of sundry owners and agents of privateers in the city of New York, praying for a reduction of the duties on prizes and prize goods; that prize property, on condemnation, may be delivered to them to be disposed of and distributed; that the time necessary to procure condemnations may be shortened; that the fees of the officers of prize courts may be limited to a certain sum, and that prize owners and their agents be authorized to order prizes arrived in one port to any other port, at their discretion, at any time before the actual libelling of such prizes.

Exemption of Soldiers from Arrest for Debt.

Mr. BACON stated that, under the present law, exempting from arrest of privates in the Army of the United States in certain cases of debt, frauds had been, and more extensively might be, committed; inasmuch as a soldier who was tired of the service, by giving his bond for a feigned debt for an amount greater than twenty dollars, could procure himself to be arrested and kept out of service, &c. Mr. B. further illustrated the evasions to which the present law is liable, and concluded by moving the following resolution:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law for exempting altogether from liability to arrest, or being taken in execution for debt, of any non-commissioned officer, musician, or private, belonging to the Army of the United States, or to any volunteer corps, when called into service pursuant to to law.

The resolution was agreed to.

TUESDAY, November 10.

Another member, to wit, from Virginia, JAMES BRECKENRIDGE, appeared, and took his seat.

Mounted Troops.

Mr. RICHARD M. JOHNSON observed that he had draughted a resolution for the consideration of the House, the object of which was to authorize an expedition of mounted volunteers against the several Indian tribes hostile to the United States. He said the people of the United States had the power and the will to break up and to extirpate those hostile savages, to desolate their country, or compel them to surrender at discretion, as the Miamies had done lately when they beheld the strong arm of the Government uplifted and ready to fall upon them heavily. And it was the imperious duty of Congress so to organize this power, and so to direct this will, as to make it effectual and most destructive to the enemy in the line of its operation. Mr. J. said a winter campaign of mounted men well selected, well organized, and well conducted for sixty days, would close an Indian war, which was restrained on their part by no ties of religion, by no rules of morality, by no suggestions of mercy, by no principles of humanity. Sir, said he, you well know that we cannot so guard any part of our extended line of frontier as to prevent entirely the incursions of savages, so long as they have a place of safety or hiding place upon our borders; by reason of which a few desperate savages, well armed with their rifles, tomahawks, and scalping knives, and paid for the scalps of our citizens, may travel in the night, watch their place of assassination undiscovered, and fall upon our infant settlements thus exposed and massacre them without distinction of age or sex, and not leave even an infant to lisp the sad tale of sorrow to the passing stranger. Such has been the fact in many places on our frontier since the battle of Tippecanoe; and such was the melancholy fact near the Ohio river, in Indiana, when upwards of twenty persons were horribly murdered in cold blood, without the opportunity of resistance; the most of these unfortunate victims were women and children, whose heads were roasted by the fire, and in this cruel mode tortured to death, and under circumstances which would blacken and dye with deeper disgrace the most infamous and abandoned set of beings on earth. Since the defeat of Braddock, Mr. J. observed, the conflict with the Indians had always been an unequal one, and the United States had never carried on such a campaign against them as would bring them to their reason. He observed, that a winter campaign of mounted men would place us on an equality in our contest with the Indians; and he pledged himself for the efficacy of such an expedition, if sanctioned and authorized by Congress, and left to the Executive of Kentucky, so far as the forces were taken from that State. On such a campaign they must meet us in battle, or surrender at discretion; they could not avoid our search nor evade our pursuit--the season would furnish certain means of discovery; their strongholds would be broken up; their squaws and children would fall into our hands, and remain sure pledges against savage ferocity and barbarity. Nothing do they so much fear as to have their squaws taken prisoners. Their winter quarters would be discovered and their stock of winter provisions would be destroyed; and once since the Revolution the friend of his country would enjoy the satisfaction of seeing our savage enemies humbled in the dust and solely at our mercy, notwithstanding all the arts of British intrigue to the contrary. On the contrary, we want no additional evidence, no train of reasoning, nor a particular detail of facts, to convince us that any other kind of force, and at any other period, will only give us a partial remedy. Upon any other principle we give the savage foe every advantage. When threatened and pursued by a force sufficient to chastise them, no warriors can be found--they scatter through the woods like the wild beasts of the forest. Send a small party, and they are immediately surrounded and cut off by superior numbers. In fact, sir, they will not meet at their own doors and firesides equal numbers in honorable combat--they must always have some great and decided advantage. In the several attacks made upon Fort Wayne, Fort Harrison, and Bellevue--at which places our officers and soldiers acted with a firmness and gallantry deserving the highest praises of their country--the Indians retreated at the approach of assistance, and could not be found. We witnessed the same scene when our army penetrated their country from Fort Wayne, who burnt their towns and destroyed their crops. In short, sir, late in the spring, in the summer, and in the fall, every thicket, every swamp--nay, every brush-heap surrounded with weeds furnishes a hiding place; and it is in vain to search after Indians at such a time, if they are not disposed to be seen. Mr. J. said, with this imperfect picture before us, which, however, contained undeniable facts, Congress could not reconcile it to its duty not to take such steps as would speedily terminate the war with the savages. Such steps had been taken as to produce much temporary distress among the Pottawatamies and other tribes, and the destruction of their villages and crops would employ many of their warriors in procuring subsistence for their squaws and children, which consequently gave a correspondent relief to our frontier settlements; that a winter campaign well conducted was indispensable to complete the work which was begun with so much zeal, but which could not produce all the benefit that might be expected from a regular authorized expedition; for it would be recollected that the mounted men had gone out suddenly upon the spur of the occasion, without compensation, with a view to relieve the frontiers from the disasters of Hull's humiliating surrender; and in such voluntary associations many men would consider themselves under less obligations than if employed by the Government, although the party with whom he had the honor to act served beyond the time for which they enrolled themselves, and never quitted the service until honorably discharged. Mr. J. observed, if the savages are unmindful of the many acts of benevolence, of justice and friendship exercised towards them by the United States; if British influence, or British gold, or any other consideration, could induce them to continue the savage practice of imbruing their hands alike in the blood of the warrior in the field, and the infant in its mother's arms; if they will be bound by no obligation however sacred; by no treaty, however solemnly made; by no dictate of nature, no matter how self-evident; the United States are absolved from all acts of further forbearance; and we are called upon by every feeling of duty and honor to disarm them of their fury and put them beyond the power of injury. Mr. J. said he had not intended to trouble the House with so many preliminary remarks, but he had seen in his place the Chairman of the committee to whom the resolution was to be referred, and he was anxious that the design and object of the motion should be known, that the committee might act with despatch if it met with their views:

Resolved, That the select committee to whom was referred so much of the President's Message as relates to military affairs, be instructed to inquire into the expediency of authorizing an expedition of mounted volunteers against the Indian tribes hostile to the United States.

The resolution was agreed to nem. con., without debate.

THURSDAY, November 12.

Another member, to wit, from Kentucky, SAMUEL MCKEE, appeared and took his seat.

FRIDAY, November 13.

Several other members, to wit: from New York, THOMAS B. COOKE; from New Jersey, JAMES MORGAN; from Virginia, JOHN RANDOLPH; and from North Carolina, LEMUEL SAWYER, appeared, and took their seats.

MONDAY, November 16.

Several other members, to wit: from Massachusetts, WILLIAM REED; from Rhode Island, ELISHA R. POTTER; from Virginia, DANIEL SHEFFEY; from North Carolina, JAMES COCHRAN; from South Carolina, RICHARD WYNN, appeared, and took their seats.

TUESDAY, November 17.

Encouragement to Privateers.

Mr. BASSETT, from the committee appointed on that part of the President's Message which relates to the Naval Establishment, reported, in part, a bill in addition to the act concerning letters of marque, prizes, and prize goods; which was read twice, and committed to a Committee of the Whole to-morrow.

The bill is as follows:

A Bill in addition to the act concerning letters of marque, prizes, and prize goods.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all prize property, upon sentence of condemnation, shall, at the request of the owners of the private armed vessel by which the capture shall have been made, or of their agents, be, by the marshal of the district in whose custody the same may be, delivered over to the said owners or their agents, to be by them sold or disposed of at their discretion, and the proceeds thereof distributed by them agreeably to the provisions of law: Provided, That all fees, costs, and charges, arising on the process of condemnation, be first paid, and that the duties accruing on such prize goods, as also two per cent. on the estimated value of such prize property, after deducting all duties, costs, and charges, (which value, as it respects the cargo, shall be ascertained in the same manner as is provided by law for ascertaining the value of goods subject to ad valorem duties; and as it respects the vessel, to be ascertained by appraisers to be appointed in the same manner,) shall be first paid, or secured to be paid, to the collector of the district into which such prize property may be brought for condemnation; which two per cent. shall be in lieu of the two per cent. on the net amount of the prize money reserved by the seventh section of the act to which this act is in addition, and shall be pledged and appropriated to the same fund as is thereby provided for.

SEC. 2. And be it further enacted, That all bonds taken for the security of the two per cent. fund before provided for shall be made payable within sixty days from the time of taking such bonds.

SEC. 3. And be it further enacted, That the owners of any private armed vessel or vessels, or their agents, may, at any time before a libel shall be filed against any captured vessel or her cargo, remove the same from any port into which it may be first brought, to any other port in the United States, subject to the same restrictions, and complying with the same regulations, with respect to the payment of duties, which are provided by law in relation to other vessels arriving in port with cargoes subject to duty: Provided, That before such removal the said captured property shall not have been attached at the suit of any adverse claimant, or a claim against the same have been interposed in behalf of the United States.

SEC. 4. And be it further enacted, That wherever the proceeds of any prize property has been, or shall be, deposited with the clerk of any district court, pursuant to the orders of said court, upon condemnation, the same shall, at the request of the owners of the private armed vessel by which the capture shall have been made, or of their agents, be paid over to them, to be by them distributed agreeably to the provisions of law.

WEDNESDAY, November 18.

Another member, to wit, JOSIAH QUINCY, from Massachusetts, appeared, and took his seat.

THURSDAY, November 19.

Privateer Prize Law.

The House resolved itself into a Committee of the Whole on the bill in addition to the act concerning prizes and prize goods.

Mr. BASSETT, as chairman of the committee who reported the bill, explained its provisions, and enforced the necessity of its adoption. He took occasion to advert to the numerous captures made by our private armed vessels, and their utility as a system of annoyance to the enemy. In every case in which they had come in conflict, they had acquitted themselves in a manner that redounded to their credit.

After some further conversation on the details of the bill, the following section was, on motion of Mr. BACON, substituted for the fourth section of the bill:

"SEC. 4. And be it further enacted, That in cases of sale of prize property by the marshal of any district, or wherever the proceeds thereof has been or shall be deposited with the clerk of any district court, pursuant to the orders of said court upon condemnation, the same shall, by the said marshal or clerk respectively, at the request of the owners of the private armed vessel by which the capture shall have been made, or of their agents, be paid over to them, to be by them distributed agreeably to the provisions of law: Provided, That all fees, costs, and charges, arising on condemnation, be first paid, and all duties accruing on such prize property, as also the two per cent. fund accruing on such proceeds, be first paid, or secured to be paid, to the collector of the district into which such prize may be brought for condemnation, and that the marshal and clerk shall be allowed for their services respectively, in selling, receiving, and paying over as aforesaid, a commission of one per cent. and no more, on the net proceeds of such prize property, after deducting the duties, the two per cent. and charges aforesaid: Provided, also, That such commission shall not exceed, upon any property included in one condemnation, the sum of one thousand dollars."

The bill as thus amended was then ordered to be engrossed for a third reading.

Retaliation.

The engrossed bill "vesting the power of retaliation in the President of the United States in certain cases," was read a third time.

A debate of more than an hour took place on the question of its passage, which was finally determined in the negative, by yeas and nays--51 to 61.

FRIDAY, November 20.

Pay of the Army.

The House went into Committee of the Whole on the bill concerning the pay of the Army of the United States, which was read.

Mr. WILLIAMS, as chairman of the committee who reported it, rose to explain the provisions of the bill. He said he hoped the consideration of the bill would not involve a discussion of the justice or necessity of the war. War, said he, is now declared; we have thrown ourselves between our country and the enemy; and it becomes us to carry her triumphantly through the war, or be responsible for the disgrace a contrary course would incur. The reason of the introduction of the first provision of the bill, he said, was the palpable fact, that the present pay of the Army, taking into consideration the price of labor throughout the Union, was much below the average rate. The committee, in the investigations of this business, had, with much labor, consulted all sources of information accessible to them, and in no part of the United States did it appear to be conceded by their Representatives, that the fair price of labor was less than nine dollars per month. Even if the price was as low as eight, or say seven dollars, wherefore should the soldier receive less than any other man? This is a subject on which every gentleman could decide by recurring to his own neighborhood, and inquiring, what was there the price of labor. If he could not procure the service of an individual there for less than eight dollars, how can he refuse the soldier that price which I now solicit for him? The ranks are not filled; we know it by too melancholy a proof; and it is our duty to fill them. How shall we best do it? It will not be contended that your population is insufficient; no, sir; the inducement is not adequate. There is no avocation of life, no employment, however hazardous, which fails to be pursued from a want of persons ready to engage in it. No, sir; if you want men to scale the mountains of ice under the Northern pole, or endure the fervid rays of a vertical sun in the hither India, to brave the stormy ocean, or search for mines in the bowels of the earth; only find them adequate compensation, and there are men enough to be found. The compensation for services performed, ought always to be in proportion to the risk incurred. This is a position which cannot be controverted. There is no reason why the ranks of your Army are not filled so forcible, as that you do not give enough to the privates.

Mr. W. then briefly adverted to other provisions of the bill. To the second section he apprehended little objection; it had been found to be necessary, and ample precedent might be found for it. To the third section there might and probably would be some objection. It was founded, he said, on the principle that every man owed to the country which protected him, military service; the same principle, already engrafted in our laws, which obliged the youth of 18 years old to enter into the militia, warranted his retention in the service when he had voluntarily enlisted. The fourth section spoke for itself and needed no explanation.

The second section having been read--

Mr. WHEATON said he conceived this section to involve an infraction of the constitution. Any person who had contracted a debt had certainly given a pledge, not only of his property, but of his body to his creditor. It is the creditor's right to take his body in default of payment, and the creditor was by this section, in the case of those enlisting in the army, completely taken out of his hands. Ample encouragement, Mr. W. said, might be given to enlistments without infringing the constitution. He had no objection to privilege the soldier from arrest after enlistment, but he could not consent to the passage of a law, having an ex post facto operation, which went to exempt him from obligations previously contracted. He therefore moved to strike out the words "before or" from the second section above recited.

Mr. BACON spoke in support of this provision. It was necessary to guard against fraud. He said, in the village in which he lived, such frauds had been committed, by the creation of fictitious debts, under which a person enlisting had procured himself to be arrested. After this arrest, on giving bail, he was set at large. Whilst going at liberty, his commander had attempted to take him; but a writ of habeas corpus having been taken out, it had been determined by the courts that a man was the property of his bail until the suit was determined. And that determination, Mr. B. said, would never take place so long as the United States had an occasion for the man's services; because, by the same collusion which commenced it, the suit may be continued from term to term of court, until the term of enlistment has expired. He had merely stated facts. He had known an instance of an officer being obliged to move his whole corps over the line to avoid these petty depredations on their ranks; and he would venture to say that the officers would much rather face the enemy in the field, than the host of legal depredators in Massachusetts, on those enlisted for the public service. The principle of this provision was not novel, he said, for it existed already.

The motion to strike out the section was then negatived by a large majority.

The third section was then read.

Mr. STOW rose and said, that the respect he felt for the House, seemed to forbid that he should propose to them any thing not fully matured: but, that at the same time the objections to one section of the bill under consideration, appeared to him so many and so important, that he could not refrain from urging them, though as he feared in somewhat of an irregular and desultory way. In excuse he said, he had supposed the present bill agreeable to the one reported in the Senate, and had not observed the difference till that moment. His objections were to the 3d section, and which he should close by moving that it be stricken out. He arranged his objections principally under three heads: 1st. Its tendency to violate the public morals. 2d. Interference with public economy--and 3d, its violation of the spirit of the Constitution of the United States.

He remarked, that proper instruction and discipline of youth lay at the bottom of all that was valuable in this life, and perhaps of the life to come. That it was of great importance in every Government, but above all that it was infinitely so in ours, where the people were real sovereigns, and where the Government would be ill or well administered, according as the youths were bred in temperance, virtue, and obedience. This section of the bill goes to cut up those qualities by the roots. It says to the uneasy boy in his teens, you may enlist and throw off all parental authority; you may enlist and defraud the parent or master, who has maintained you in your helpless state, of his just reward. The strongest ties of affection and gratitude, you may, by enlisting, dissolve in a moment. Nay, more, we say deliberately and solemnly--we will pay this promoted villain $300 for his iniquity! For such is the amount of the bounty and wages for three years. Who, sir, will be most likely to avail himself of this privilege, or rather of this course? Not the sober, faithful minor, who might be trusted in a camp with some degree of safety, but the fickle, turbulent restless youth, the one of all others who wants the salutary restraint of a parent or guardian. This is the person whom you are about to allow to plunge himself into all the dissipations, into all the seductions, and into all the vices of a camp!

But, sir, said he, it is inhuman, as well as immoral. Humanity calls upon you to take care of and educate the miserable offspring of the poor. Who will take them; who will provide for their infancy, if at the moment they are able to make any remuneration for this humane, this tender care, you offer them $300 to turn ingrate? But, sir, not only the public morals, but the public economy require that you should not enlist minors without the consent of their parents, guardians, or masters. What does public economy require, but that every one should serve the Republic in that capacity in which he can be most useful? And, sir, let me add that patriotism requires the same thing. If the blacksmith or the farmer is most useful in his calling, there is as much patriotism in attending to the anvil and the farm, as to the bayonet and the sword. Men of mature age, by accepting the terms you offer, or not, determine where they can be most useful; but does not every principle of economy forbid that you should go into the private family, the workshops, and the manufactory, regardless of the opinion of the father and superintendent, and seduce the young man from learning some useful and honorable employment, and in lieu thereof, at that tender, at that doubtful period of human life, you plunge him into all the immoralities of a camp, and turn him a vagabond on society. No, sir, true economy requires that children should be well educated, well governed, and faithfully bred to some honest calling. The very principle, notwithstanding all the talk of patriotism, is recognized in the price you offer for soldiers, as well by the former law, as by the present bill. You offered by the former law, five dollars per month, by the present bill eight dollars. That is, you say to the world, that by being a soldier, you render to your country services worth five or eight dollars. Now, sir, for five or eight dollars per month is it prudent, is it economical, to dissolve the all-important relation of governor and governed in respect to youth? To break up your infant manufactories, and to deprive poor children at once of a useful employment, and a home? But, sir, perhaps it will be said that necessity, the safety of the Republic, requires this. When the legions of Britain were upon our shores, when we were struggling for our very existence, the necessity was not then thought sufficiently imperious to warrant such a principle. Can it then be said, that with treble the population, and in an offensive war, necessity requires the dangerous innovation? Certainly not. Again, the law, then and now, allows the soldier to be arrested for a debt amounting to two dollars; and will you say, that the debt in which there can be no deception incurred, for the most necessary of all things, food, clothing, and instruction for infancy, shall be disregarded? I trust, sir, that a principle so unreasonable will never prevail. But, lastly, said Mr. S., I do contend that the clause is contrary to the spirit, if not the letter, of the constitution. That constitution provides that private property shall not be taken without reasonable compensation. The property which a parent has in the services of his son, of a guardian in the services of his ward, and a master in the services of his servant, though differing widely in degree, is as real and oftentimes more important than the farmer has in his personal estates, or the planter in his slave. It also impairs the force of contract, which is strictly interdicted to the States, and a fortiori not to be done to the General Government. For these and for many other reasons which might be added, Mr. S. moved to strike out the third section of the bill.

Mr. MILNOR said that if he understood the third section of the bill under consideration, it allows recruiting officers to enlist minors above the age of eighteen years, without regard to their situation as apprentices to tradesmen, or living under the care and guardianship of their parents; and its object was to hold out to young minds a temptation to desert the useful course destined for them by their friends, for the purpose of becoming soldiers. Now, said Mr. M., whatever may be the necessity of war, on some occasions, and however necessary some might think that in which we are now engaged, which was a question he should not now meddle with, he was desirous that its operations should be so conducted, as to do as little injury as possible to our fellow-citizens; and, as the leading principle in the conduct of all politicians should be a regard to the public good, he hoped for a general concurrence in this sentiment; that, for his own part, he wished the war to be felt as little as possible in the families and occupations of the people. We are not, said he, to be organized into a military Government. However necessary some may deem this war, all will desire a short one. Thank God, no Napoleon has yet risen up amongst us to change our free institutions into a military despotism. Encourage, if you please, a military spirit, that we may be ready for the national defence, when necessary; but let it be done in the spirit of the constitution, by means of a well-regulated militia; let your citizens and your farmers surrender their apprentices and children to be trained and instructed in military tactics, at stated times, that, when arrived at the state of manhood, they may be ready for their country's service. But what is here proposed? To go into the workshop of the industrious mechanic, or into a parent's dwelling, and entice away by the lure of money and military glory, the apprentice and the child. No matter what moneys may have been expended in his education, or how great has been parental exertion to advance the future prospects of the child, any recruiting officer, or even a common soldier, profligate in his principles, and inured to vicious habits, is by this bill encouraged to seduce him from his duty.

Mr. TROUP said the objections to this provision were lame in their nature; he only wished they were half as sound as they were novel. It was the result of the experience of men older than themselves in military concerns, that this very description of population, between eighteen and twenty-one, constituted the strength and vigor of every war. What was the fact as respected France? So just was this principle in the contemplation of France, that her whole army is made up of these young men; and yet an attempt is made to deter us from using them by a flimsy pretext, that to employ them would be violating the obligations of a contract and the principles of morality. If our feelings and sympathies be suffered to influence us in favor of the individual who voluntarily enlists, the reasons are much stronger in favor of discharging one-half of those already in your ranks, than the description just spoken of. There is scarcely any man over the age of twenty-one years, between whom and other individuals there is not some strong obligatory moral tie, which we ought not to sever if we could conveniently avoid it. Look at the case of a husband deserting his wife and children, or of a man, above twenty-one, deserting his aged parent, dependent on him for subsistence. Are not these cases equally strong? The doctrine of the gentlemen, whether on the score of morality or expediency, will apply to cases above as well as below the age of twenty-one.

Mr. GOLD premised, that he did not rise to enter into the general policy of the war; nor could he deny it to be the duty of those who have declared the war, to provide an army to carry it on. But he added, it is better for the army to be augmented by very liberal bounties and wages, than that important principles should be violated and an inroad made upon the great relations and interests of society. Are gentlemen aware how extensive is the province of master and apprentice? How wide-spread the relation in the community? A sensation will be produced which gentlemen seem not to have anticipated. The respective States have, with studious care, legislated upon and regulated the various duties and obligations of masters and apprentices. Under those laws, a clear obligation is created upon the apprentice to serve till of age; and in some States, to compensate for absence or desertion during the stipulated apprenticeship; for a faithful performance, the parent or guardian becomes responsible; and for non-performance, liable for damages to the master. Can the authors of this bill imagine that those solemn obligations contained in indentures of apprenticeship, will dissolve and vanish under the charm of the bill? Can the fundamental principles of the constitution, rendering contracts sacred, be thus uprooted and destroyed? Can this bill deprive the master of his action, secured to him by the laws of the State, against the master or guardian for absence or desertion of the apprentice? Here is a most serious bearing upon the laws of the States, regulating this important relation. But gentlemen allege necessity; the army must be filled up; officers are imposed on by fraudulent minors, who receive the bounty, and then claim a release upon the plea of non-age. In answer, let gentlemen beware how they yield to this fancied plea of necessity. All history attests the danger of yielding essential principles to State necessities; to temporary pressure and impulses; such precedents become infinitely mischievous in society. No fancied benefit can compensate for the evil of such examples. How easy is it to remove much of the complaints by providing that the minor, who shall impose upon the recruiting officer, shall refund the bounty he received before he shall receive his discharge. Such a provision would be just, and not violate general principles.

Mr. LITTLE.--In removing one evil, Mr. Chairman, let us beware that we do not substitute a greater. The object of the section proposed to be stricken out of the bill on your table, and now under consideration, is to fill up the ranks of your army. From every attention I have been able to bestow on this subject, which, permit me to say, I am anxiously desirous, as much so, I trust, as any gentleman in this committee, to see realized, will, if returned in its present shape, in my humble opinion, be productive of much evil, and perhaps of little good. You receive into the army, by voluntary enlistment, that description of our fellow-citizens, at a time of life to them the most interesting and auspicious as respects their future pursuits and welfare. I have always been given to understand that the camp is but illy calculated in those stations which they only can fill in the army, either to improve their understandings or perfect them in such habits as are calculated to acquire a respectable subsistence, or fit them for the domestic duties of their future lives. In the course of nature, they, it may be truly said, constitute the future strength and glory of every country. The laws of this land render every act of theirs illegitimate. Abstract from the consideration of a soldier, for which they are only rendered fit from their corporeal powers, everything with them is premature; if forced into existence, like the flower or fruit unseasonably raised in a hot-bed, wears the external qualities, but, in fragrance and taste, is unnatural and insipid.

Sir, have we not some reason to doubt the constitutionality of this section. In its operation, it evidently will vitiate contracts, which ought always to be held sacred, solemnly and voluntarily entered into by the parent or guardian with the matter of an apprentice, reciprocally beneficial, founded on the most laudable and praiseworthy principles, on the faithful performance of which materially depends the future welfare of the youth, to which I believe may reasonably be added the comforts and good order of society. Do we not know, Mr. Chairman, that, at that period of their lives and servitude, in which you make them liable, if this section is retained, to be drawn from the service of their masters, that then, and only then, are they enabled and become qualified to make some remuneration for the pains and attention paid to their improvement and instruction by the worthy and industrious mechanic or manufacturer; and will you, by this unpropitious act, endanger the future happiness of the former, and withhold that just reward due to the industry of the latter? You annihilate this contract, which ought to be held, if possible, inviolate by the Government. Every principle of justice and sound policy dictates its rigid fulfilment. Are we not aware, sir, of the immense sums now invested and actively employed in the different manufactories distributed over our extensive country? Do we not know that the manual labor of them is conducted principally by such who now are, or will in time, come within the provision of this section of your bill? Have this Government, and the people of this country, no interest in the prosperity of these manufactories? I have been always taught, and for one do religiously believe, on their materials virtually depends the completion of our independence as a nation. Let me entreat you to reflect before you hazard this dangerous experiment, lest, in the adoption of this hitherto novel principle, and in its operation, you may endanger the safety, or, at least, the prosperity of our Republic, by giving its manufactories a vital stab.

Sundry other amendments were proposed in the committee, after the bill was reported to the House, and negatived. The bill was then ordered to be engrossed for a third reading.

SATURDAY, November 21.

Pay of the Army.

An engrossed bill "concerning the pay of the non-commissioned officers, musicians, privates, and others of the Army, and for other purposes," was read the third time.

Mr. QUINCY.--Mr. Speaker, I am sensible that I owe an apology for addressing you at so early a period of the session, and so soon after taking my seat, if not to the House at least to my particular constituents. It is well known to them, at least to very many of them, for I have taken no pains to conceal the intention, that I came to this session of Congress with a settled determination to take no part in the deliberation of the House. I had adopted this resolution, not so much from a sense of self-respect, as of public duty. Seven years' experience in the business of this House, has convinced me that from this side of the House all argument is hopeless; that whatever a majority has determined to do, it will do in spite of any moral suggestion, or any illustration made in this quarter. Whether it be from the nature of man, or whether it be from the particular provisions of our constitution, I know not, but the experience of my political life has perfectly convinced me of this fact, that the will of the Cabinet is the law of the land. Under these impressions, I have felt it my duty not to deceive my constituents; and had, therefore, resolved by no act or expression of mine, in any way, to countenance the belief, that any representation I could make on this floor could be useful to them, or that I could serve them any farther than by a silent vote. Even now, sir, it is not my intention to enter into this discussion. I shall present you my thoughts rather by way of protest than of argument. And I shall not trouble myself afterwards with any cavils that may be made; neither by whom, nor in what manner.

I should not have deviated from the resolution of which I have spoken, were it not for what appears to me the atrocity of the principle, and the magnitude of the mischief contained in the provisions of this bill. When I speak of the principle as atrocious, I beg distinctly to be understood as not impeaching the motives of any gentlemen, or representing them as advocating an atrocious principle. I speak only of the manner in which the object presents itself to my moral view.

It is the principle contained in the third section of the bill of which I speak. That section provides, that "every person above the age of eighteen years, who shall be enlisted by any officer, shall be held in the service of the United States during the period of such enlistment; any thing in any act to the contrary notwithstanding." The nature of this provision is apparent, its tendency is not denied. It is to seduce minors of all descriptions, be they wards, apprentices, or children, from the service of their guardians, masters, and parents. On this principle, I rest my objection to the bill. I meddle not with the nature of the war. Nor is it because I am hostile to this war, both in its principle and its conduct, that I at present make any objection to the provisions of the bill. I say nothing against its waste of public money. If eight dollars a month for the private be not enough, take sixteen dollars. If that be not enough take twenty. Economy is not my difficulty. Nor do I think much of that objection of which my honorable friend from Pennsylvania (Mr. MILNOR) seemed to think a great deal; the liberation of debtors from their obligations. So far as relates to the present argument, without any objection from me, you may take what temptations you please, and apply them to the ordinary haunts for enlistment--clear the jails--exhaust the brothel--make a desert of the tippling shop--lay what snares you please for overgrown vice, for lunacy, which is of full age, and idiocy out of its time.

But here stop. Touch not private right--regard the sacred ties of guardian and master--corrupt not our youth--listen to the necessities of our mechanics and manufacturers--have compassion for the tears of parents.

In order to give a clear view of my subject, I shall consider it under three aspects--its absurdity--its inequality--its immorality.

In remarking on the absurdity of this principle it is necessary to recur to that part of the Message of the President of the United States at the opening of the present session of Congress, which introduced the objects proposed in this bill to the consideration of the House; and to observe the strange and left-handed conclusions it contains. The paragraph to which I allude is the following:

"With a view to that vigorous prosecution of the war, to which our national faculties are adequate, the attention of Congress will be particularly drawn to the insufficiency of existing provisions for filling up the Military Establishment. Such is the happy condition of our country, arising from the facility of subsistence and the high wages for every species of occupation, that, notwithstanding the augmented inducements provided at the last session, a partial success only has attended the recruiting service. The deficiency has been necessarily supplied during the campaign, by other than regular troops, with all the inconveniences and expense incident to them. The remedy lies in establishing more favorably for the private soldier, the proportion between his recompense and the term of enlistment. And it is a subject which cannot too soon or too seriously be taken into consideration."

Mr. Speaker--What a picture of felicity has the President of the United States here drawn in describing the situation of the yeomanry of this country! Their condition happy--subsistence easy--wages high--full employ. To such favored beings what would be the suggestions of love, truly parental? Surely that so much happiness should not be put at hazard. That innocence should not be tempted to scenes of guilt. That the prospering ploughshare should not be exchanged for the sword. Such would be the lessons of parental love. And such will always be the lessons which the President of the United States will teach in such a state of things, whenever a father of his country is at the head of the nation. Alas! Mr. Speaker, how different is this Message! The burden of the thought is, how to decoy the happy yeomen from home, from peace, and prosperity, to scenes of blood--how to bait the man-trap; what inducements shall be held forth to avarice, which neither virtue nor habit, nor wise influences, can resist. But this is not the whole. Our children are to be seduced from their parents. Apprentices are invited to abandon their masters. A legislative sanction is offered to perfidy and treachery. Bounty and wages to filial disobedience. Such are the moral means by which a war, not of defence or of necessity, but of pride and ambition, should be prosecuted. Fit means to such an end.

The absurdity of this bill consists in this: in supposing these provisions to be the remedy for the evil, of which the President complains. The difficulty is, that men cannot be enlisted. The remedy proposed is, more money--and legislative liberty to corrupt our youth. And how is this proved to be a remedy? Why it has been told us, on the other side of the House, that this is the thing they do in France. That the age between eighteen and twenty-one is the best age to make soldiers. That it is the most favorite age, in Bonaparte's conscription. Well, sir, what then? Are we in France? Is Napoleon our king? Or is he the President of the United States? The style in which this example has been urged on the House, recalls to my recollection very strongly a caricature print which was much circulated in the early period of our Revolutionary war. The picture represented America as a hale youth, about eighteen or twenty-one, with a huge purse in his pocket. Lord North, with a pistol at his breast, was saying "deliver your money." George the Third, pointing at the young man, and, speaking to Lord North, said, "I give you that man's money for my use." Behind the whole group was a Frenchman capering, rubbing his hands for joy, and exclaiming, "Be Gar! just so in France!" Now, Mr. Speaker, I have no manner of doubt, that the day that this act passes, and the whole class of our Northern youth is made subject to the bribes of your recruiting officers, that there will be thousands of Frenchmen in these United States, rubbing their hands for joy, and exclaiming, "Be Gar! just so in France." Sir, the great mistake of this whole project lies in this: that French maxims are applied to American States. Now it ought never to be lost sight of by the legislators of this country, that the people of it are not and never can be Frenchmen--and, on the contrary, that they are, and can never be any thing else than freemen.

The true source of the absurdity of this bill, is a mistake in the nature of the evil. The President of the United States tells us that the Administration have not sufficient men for their armies. The reason is, he adds, the want of pecuniary motive. In this lies the error. It is not pecuniary motive that is wanting to fill your armies. It is moral motive in which you are deficient. Sir, whatever difference of opinion may exist among the happy and wise yeomanry of New England, in relation to the principle and necessity of this war, there is very little, or at least much less diversity of sentiment, concerning the invasion of Canada, as a means of prosecuting it. They do not want Canada as an object of ambition; they do not want it as an object of plunder. They see no imaginable connection between the conquest of that province and the attainment of those commercial rights which were the pretended objects of the war. On the contrary, they see, and very plainly too, that if our Cabinet be gratified in the object of its ambition, and Canada become a conquered province, that an apology is immediately given for extending and maintaining in that country a large military force; under pretence of preserving the conquered territories--really, with a view to overawe adjoining States. With this view of that project the yeomanry of New England want that moral motive which will alone, in that country, fill your armies with men worthy enlisting. They have no desire to be the tools of the ambition of any man, or any set of men. Schemes and conquest have no charms for them.

Abandon your projects of invasion; throw your shield over the seaboard and the frontier; awe into silence the Indians in your territory; fortify your cities; take the shackles from your commerce; give us ships and seamen; and show the people of that country a wise object of warfare; and there will be no want of men, money, or spirit.

I proceed to my second objection, which was to the inequality of the operation of the provisions of this bill. It is never to be forgotten, in the conduct of the Government of these United States, that it is a political association of independent sovereignties, greatly differing in respect of wealth, resource, enterprise, extent of territory, and preparation of arms. It ought, also, never to be forgotten, that the proportion of physical force which nature has given does not lie within precisely the same line of division with the proportion of political influence which the constitution has provided. Now, sir, wise men, conducting a political association thus constructed, ought always to have mainly in view, not to disgust any of the great sections of the country, either in regard to their interests, their habits, or their prejudices. Particularly ought they to be cautious not to burden any of the great sections in a way peculiarly odious to them, and in which the residue of the States cannot be partakers, or at least only in a very small degree. I think this principle of political action is incontrovertible. Now, sir, of all the distinctions which exist in these United States, that which results from the character of the labor in different parts of the country, is the most obvious and critical. In the Southern States, all the laborious industry of the country is conducted by slaves; in the Northern States it is conducted by the yeomanry, their apprentices, or children. The truth is, that the only real property, in the labor of others, which exists in the Northern States, is that which is possessed in that of minors--the very class of which, at its most valuable period, this law proposes to divest them. The planter of the South can look round upon his fifty, his hundred, and his thousand of human beings, and say, These are my property. The farmer of the North has only one or two ewe lambs--his children--of which he can say, and say with pride, like the Roman matron, "These are my ornaments." Yet these, this bill proposes to take from him, or (what is the same thing) proposes to corrupt them--to bribe them out of his service; and that, too, at the very age when the desire of freedom is the most active, and the splendor of false glory the most enticing. Yet, your slaves are safe; there is no project for their manumission in the bill. The husbandman of the North, the mechanic, the manufacturer, shall have the property he holds in the minors subject to him put to hazard. Your property in the labor of others is safe. Where is the justice--where the equality--of such a provision?

It is very well known in our country--indeed it is obvious, from the very nature of the thing--that the exact period of life at which the temptation of this law begins to operate upon the minor, is the moment when his services begin to be the most useful to the parent or master. Until the age of 18, the boy has hardly paid to the parent or master the cost of his clothing and education. Between the age of 18 and 20, is just the period of profit to the father and master. It is also the period at which, from the approximation towards manhood, service begins to grow irksome, and the desire of liberty powerful. The passions are then, also, in their most ungoverned sway; and the judgment, not yet ripe, can easily be infatuated and corrupted by the vain dreams of military glory. At this period, your law appears with its instruments of seduction. It offers freedom to the minor's desire of liberty--plunder to his avarice--glory to his weakness. In short, it offers bounty and wages for disobedience to his natural or social obligations. This is a true view of this law. That it will have that full operation which its advocates hope and expect--that it will fill your armies with runaways from their masters and fathers--I do not believe; but, that it will have a very great operation, I know. The temptation to some of our youth will be irresistible. With my consent, they shall never be exposed to it.

Mr. Speaker, I hope what I am now about to say will not be construed into a threat. It is not uttered in that spirit; but only to evince the strength of my convictions concerning the effect of the provisions of this law on the hopes of New England, particularly of Massachusetts. But pass it, and if the Legislatures of the injured States do not come down upon your recruiting officers with the old laws against kidnapping and man-stealing, they are false to themselves, their posterity, and their country.

Mr. FISK expressed the astonishment he felt at the observation which had fallen from the gentleman last up. He certainly agreed with the gentleman in one thing: that those who are in pursuit of a favorite object frequently overleap the bounds of reason and decorum in support of it. Now, it had been a favorite object with that gentleman to shield the British Government from blame; and it was an object which he certainly pursued with the greatest ardor and anxiety. In the address of that gentleman's political friends, in Congress, to their constituents, subsequent to the declaration of war, it had been deceptively said, that a disposition existed in the British Government to make an arrangement on the subject of impressment. Now, sir, that the ground is taken from under them, we hear that the object of the war is an unrighteous one, and we are guilty of waging it. Is it indeed guilty to defend our country? said Mr. F. The gentleman would overawe the Indians. Sir, the most innocent party in the war against us is the savage himself. How comes he in the ranks against us, with his tomahawk and scalping knife? Why is he impelled to shed our blood? Why has the gentleman shielded British instigation of their outrages?

Again, sir, has the gentleman no feeling for the sufferings, no ear for the groans of our suffering seamen? Has he no sympathy for those relations of life, from which the seamen is torn away, and for that moral sentiment which is violated in that outrage--and are we guilty because we seek to shield our citizens from it? Are we guilty because we resist the British scalping knife? Recall the year '98 to your recollection, sir, and the pompous display of energy at that day, and the armies raised--to fight whom?--a few miserable Frenchmen whom they could catch at sea. War was then a mere amusement. Why, that we are now at war with the nation who has been seizing our property, capturing our citizens, and carrying them into slavery--why are our means for carrying on war to be limited?

As to the provision of this bill so much objected to, was it esteemed such a violation of all right and principle in the commencement of the Revolution to take children of sixteen years of age from their parents? That was a period when the youth of the country were invited to the field. I was one who accepted the invitation, and I have never regretted it. But, says the gentleman, will you take the child from the parent? Sir, which excites the most tears--a child leaving his parent to defend his country, or a parent torn from his family and his country to fight for a foreign power? The truth is, that most of those who object to this bill would destroy all the means of carrying on the war, if they could. It was not thought immoral in the war of the Revolution to take youths of this age, nor were they the least efficient part of our army.

Mr. D. R. WILLIAMS said, if it was possible for him to keep down those feelings of indignation which pressed upon his mind, in what he had now to offer, he would speak with due respect to the orders of the House, and not infringe its privileges. He wished, indeed, he had not occasion to speak; but, sir, said he, it is my misfortune to be the Chairman of the Military Committee, more, Mr. Speaker, by your partiality than by any merit of mine. I am compelled to rise. I have been stigmatized by the gentleman (Mr. QUINCY) as the introducer into this House of an atrocious principle. If such language comports with our rules of order, I must submit, seeing it is uttered where he is protected; but, sir, I must pronounce it a libel on myself, and throw it back on him who uttered it, as a foul, atrocious libel on the committee. Sir, I came here not disposed to use such language; nothing but extreme injury should extort it from me. I wish that the gentleman had kept the resolve he informed us he had formed; as he could not do so, I would that he had been good enough to spare me from the acrimony of his remarks. Atrocity! The advocate of an atrocious principle! Let the gentleman recur to those who originated this principle; let him go back to the day of the Revolution, and damn the memory of the patriots of those times, the fruit of whose labors he so ill deserves to enjoy. The provisions of those days authorized the enlistment of all over the age of sixteen years. Nor does the statement which the gentleman from New York made alter the case, for if there be an increase of population since the Revolution, there appears to be a correspondent deterioration of patriotism. The gentleman from Massachusetts admits that a necessity may exist to justify the course proposed by the bill. Well, sir, was there ever a crisis calling on a people for vigorous exertions more awful than that which impends over us now? Now, when a vile spirit of party has gone abroad and distracted the Union? Now, that the State which the gentleman represents is almost in arms against us? And, in such a state of things are we to be told that we are espousing an atrocious principle, because we are seeking for the means to defend our country? The will of the President is the law of the land, says the gentleman. How can he expect his arguments to be attended to, when the first word he utters after taking his seat is to insult and abuse every one opposed to him in opinion. I beg your pardon, Mr. Speaker, I ask that of the House, for the language I am compelled to use; but so long as I am a man, so help me God, when I am told I am actuated by an atrocious principle, I will throw it back in the teeth of the assertor as an atrocious falsehood. Look back on the principle adopted by the friends of that gentleman--I wish I could say who were his friends--I do not call the honest federalist, who is willing to support his country's rights, his friend--even in England, the nation from which he talks of receiving his religion and morality, and I might add, his ideas of our rights--even in that country they do not prevent enlistment of minors--that is, they are not discharged on the ground of minority. I have said before, sir, that we had examples in our own Government, drawn not to be sure from the purest times, but which more than covered the whole case. A law was passed in 1798 which authorized the enlistment not only, of minors but every description of persons whom the President of the United States thought proper to have enlisted--which authorized him to send his recruiting sergeants into every family and take those who suited him best. This was the principle of his friends. Does the gentleman say that it was atrocious in 1798 to defend ourselves against the French? But it has become so now, seeing the defence we seek is against the English. The gentleman has said we act on an absurd principle; that we have mistaken the means of carrying on the war to effect: we want the moral means. By this I presume he would be understood that the people are opposed to the war, particularly to our land operations. There seems then to be no moral objection to the war on the ocean. And, sir, if it be not immoral to support the war on the ocean, on what possible principle can it be immoral, in the same cause, to support it on the land? The war on both elements is for the same object; not as the gentleman says, to rob and plunder in Canada, but, according to the motto of the gallant Captain Porter, for "free trade and sailors' rights."

Mr. PITKIN remarked that the power given to a recruiting officer to enlist minors was a new principle. It had not been acted upon before, or since the Revolution--this is a new mode of raising an army; were gentlemen prepared to adopt this new principle? Although by the resolves of the Congress of 1776, minors could be enlisted, yet apprentices were exempted--and if any were enlisted, yet, on proper application, they were discharged, unless it could be shown the enlistment was with the consent of their masters or guardians. By the law of '98, the President certainly could direct relative to the age and size of a recruit--yet to whom did he apply? Not to apprentices--not to wards--and then if an officer enlisted an apprentice without the consent of his master, he could be taken away from him by the writ of habeas corpus and the officer held liable for damages. The eleventh section of the law for raising an additional military force contained a similar provision, and it was also necessary the consent of the master or guardian should be in writing.

Mr. P. did not intend to meddle at all with the policy of war--he should confine himself to the consideration of the most important principle contained in the third section of the bill. The effect of this bill goes to infringe all the State laws. They all provide for the relations which exist between a master and his apprentice--a guardian and his ward; if the apprentice runs away he can be procured and brought back; and some of the States provide, that when the apprentice comes again into the possession of his master, that he shall serve not only the time lost, but an extra time, to remunerate his master by these services for the losses he has sustained. If you take away his apprentice you deprive him of his property--this is a loss to the master, or he must recover where the services are due; that is, of the parent or guardian, who are one of the contracting parties to the indentures--and where is the remedy? Will not the officer be also liable to the State laws? Does not the constitution say, no laws shall be passed abrogating contracts? This bill will in its operation sanction the violation of contracts, or it means nothing--it sanctions the right to take away the property of guardians, parents or masters, without providing any compensation for the same. I repeat, you are introducing a new principle in the mode of administering Government. The pressure is also beyond comparison unequal on the Northern States. Do gentlemen plead the necessity of the case? Does a necessity exist superior to the laws? Are we to understand that the salus populi shall rule without control? If not, then what is meant by this grant to take the property of your constituents, and leave them no remedy for the injury? The honorable gentleman from South Carolina has referred to the practice of other nations. Great Britain herself never incorporated apprentices into her armies.

Mr. WILLIAMS admitted that apprentices were exempt--but minors were not.

Mr. PITKIN agreed but even when minors are enlisted without the consent of their guardians or masters, they can be released by the writ of habeas corpus. I believe that, in 1756, Great Britain passed an act which was designed to extend to only the colonies; it allowed indented servants to be enlisted into the army--but this act made provision for the master, if the compensation was claimed within so many months after enlistment, and the necessary facts were proved before any two justices of the peace. Whether this act was ever carried into effect I do not know--but I do know that compensation was provided for the property taken from the master in the person of, his servant.

Mr. TROUP.--If a stranger in the gallery had listened to the member from Massachusetts, he would have supposed that the provision of the bill against which the gentleman's anathemas were most vehemently levelled, authorized the recruiting sergeant to enter the house of the citizen, drag from it the young man, and transport him, loaded with chains, (as is said to be the practice of one nation of Europe,) to the armies. Who would have supposed that the provisions merely authorized the recruiting sergeant to accept the voluntary service of the young man, between eighteen and twenty-one? The service due to the country, prior in point of time, paramount in obligation, must yield, says the gentleman, to the service due to the master, the parent, or the guardian. If, sir, in the days of Rome's greatness, if in the proud days of Grecian glory, the man could have been found base and hardy enough to withhold the young men from the public service, to turn them from the path of honor, or to restrain them from the field of fame, he would have been hurled from the Tarpeian Rock or consigned to the Cave of Trophonius. The young man is preferred here, not because he is preferred in France, but because his physical constitution and his moral temperament peculiarly qualify him for the arduous duties of the field and camp; bodily vigor and activity, ardor, enterprise, impetuosity; without family, and therefore without the cares which family involve. No wife, no helpless children. Without care, but for his country. Without fear, but for her dishonor. He is most eminently qualified for the duties of the camp and the field; all experience has proved it.

Mr. MACON said it appeared the House was now in a situation in which it had frequently been heretofore; that is, they take up a very small subject and make a very great one of it. The only question for discussion appeared to him to be, whether or not they would enlist into the Army young men between the ages of eighteen and twenty-one. He was very sorry that, at this early period of the session, a discussion had been introduced into the House, which had at all times better be let alone, that of foreign influence. He did not mean to discuss it; but, if gentlemen were anxious for it, he was perfectly willing to set aside a day for the consideration of the subject, and go about it methodically. He regretted very much that the feature to which he had alluded had been inserted in the bill; because he had been in hopes that, on the question of raising the pay of the Army, they would, one and all, have manifested a disposition to support the rights of the country. In the hope that they would yet come to an agreement on the subject; that they could give some vote of unanimity in relation to the war, he should move for a recommitment of the bill, with a view to amend it by striking out the third section. It appeared to him that, until a man had acquired political rights, he ought not to be called on to defend his country. The gentleman from South Carolina says the principle of this section already exists in our militia laws. I admit it; and hence, I have always, when our militia laws have been under consideration, moved to strike out "eighteen" and insert "twenty-one." I hope, if we do not take recruits under twenty-one, we will alter the militia laws also, and let the country rely for its defence on those who manage its concerns. He hoped the House would consent to recommit the bill, and, in some one vote, show something like unanimity.

Mr. RANDOLPH rose to speak at the same moment with Mr. MACON, but, being first seen by the SPEAKER, obtained the floor.

Mr. R. said that he was extremely happy, as he did not notice his friend from North Carolina, at the time of his rising--in which case he should certainly have given way to him according to custom--that he had caught the Speaker's eye first. I was about to rise, said Mr. R., for the purpose of making a similar motion; and there are considerations on which it is unnecessary for me to dwell, and towards which I will not even hint, that render it at least as agreeable to me that the motion for recommitment should come from that respectable and weighty quarter, rather than from myself. I shall vote for it upon the same grounds which would have induced me ultimately to vote against the bill; because it contains provisions, I might say principles, unsusceptible of modification, and, in my judgment, hostile to all those principles which I have hitherto entertained, and to which it is impossible for me to give the sanction of my support. I shall not vote against the bill, for some of the reasons urged by the gentleman from Massachusetts on my right, (Mr. QUINCY,) with more of eloquence than temperance, and answered in a style not dissimilar by my worthy friend on my left, (Mr. WILLIAMS.) They both reminded me of a stroke of perhaps the only comic poet this country has produced:

"The more they injured their side, The more argument they applied."

The gentleman from Massachusetts touched a chord, which, he ought to have known, was that which would insure the passage of this bill; which would excite a temper that would indispose the House to listen to the still small voice of conscience and of reason. I, sir, shall vote for the recommitment of this bill, and for reasons which I am almost ashamed to urge; which I hope to be excused for adducing. They have nothing to do with the question of impressment, of maritime war, of the invasion of Canada, of Indian warfare; but, sir, they are principles which, from length of time, I am sorry to say, have grown so obsolete, like some of the older statutes of those countries of more ancient date than ourselves, that, though I am not ashamed of them, I am almost ashamed to mention them--they are those professed by the Republican party in the year 1798, which I had the honor of attempting, at least, to support in those days--the principles, as reduced to record, of the present Chief Magistrate of our country in those days. In truth, it has been insinuated, if not asserted, with much more of candor than of logical address, that the principles of the bill are those of the former friends of the gentleman from Massachusetts on my left, from which, I suppose, that gentleman has, in some way or other, deserted. This goes to prove, as far as the authority of the gentleman from Vermont and of my worthy friend from South Carolina has influence, that a long course of opposition has instilled into the gentleman something of the principles which did not belong to his friends while in power; that he is a deserter from his party, and consequently that I have remained a faithful sentinel at my post. I did not expect to hear it said, sir, that this bill was not to be opposed because a similar bill had been passed in what used to be called the Reign of Terror. In other words, I did not expect to hear it stated that the principles of the Administration of the predecessor of Jefferson, which, I suppose, he would now be as ready to recant as any man in the nation, justified the bill; that it ought to be passed, because it was fashioned in conformity to such doctrines. It is now, sir, I think, some thirteen or fourteen years ago, since a similar question was agitated on the floor of this House, and it was my lot to be compelled to sustain the same side of the question which I sustain to-day--for I will not use the qualified term, attempt to sustain, against one of the proudest names in this country--against the man who now presides, I will not say with what splendor of abilities, at the head of the judicial department of our Government.[30] The House will readily agree that, plain must have been that question which could have been supported with such unequal odds; that strong must have been that side of the argument against such an advocate. It was one of those occasions on which the gentleman who then presided in the House declared "he never witnessed a more unpromising debate:" it was so--for it was one of those which tended to put that gentleman and his friends into the situation which so many of them--I will not say all--for there are some illustrious examples to the contrary--into the situation which many of them have since occupied. It was an assertion of the great fundamental principles of our Government against arbitrary, high-toned courtly notions. The party then in power had been nearly as long in office as the party now in power, and looked at the question pending before them, with a very different eye, while they wielded the sceptre, than that with which they look at the question now, when the sceptre is applied to their backs. I am sorry to say that I fear that the converse of the proposition is, in a great degree, true, and that those principles which I then supported, and which were the ground of the revolution of political sentiment in 1801 which thereafter ensued, have fallen, as it were, in abeyance; that, in fact, we have forgotten our oracle.

I have said, on a former occasion, and if I were Philip, I would employ a man to say it every day, that the people of this country, if ever they lose their liberties, will do it by sacrificing some great principle of free government to temporary passion. There are certain great principles, which if they be not held inviolate at all seasons, our liberty is gone. If we give them up, it is perfectly immaterial what is the character of our Sovereign; whether he be King or President, elective or hereditary--it is perfectly immaterial what is his character--we shall be slaves--it is not an elective government which will preserve us.

But I am afraid I have fallen somewhat into error, by wandering from the course I proposed. On the occasion to which I have alluded, I maintained that the provision of a bill then pending, similar to that I now object to, was arbitrary, unconstitutional and unjust, because it was in the nature of an ex post facto law. It is of the nature of an ex post facto law--it is more--it tends to exalt the military authority over the civil--it is this or it is nothing. If the section pronounce an ambiguous voice, to be construed according to expediency, then is there so much greater reason to recommit the bill, to reduce it to some shape which shall render it intelligible to the meanest capacity. It goes to alter the nature of a remedy--to impair the obligation of a contract. A man has contracted a debt, and his creditors arrest him. He enlists. He enlists through the grates of a prison, or within the limits of prison bounds. The contract between this man and the creditor is varied by the law, because the remedy of the creditor is changed. Let us not have a descant on the cruelty of imprisonment for debt, and the expediency of introducing other provisions on that subject. That is not the question. It is on a law for exempting a particular class of men from those penalties and provisions which attach to all other classes of society. The military of all classes in society, that class which we are about to exempt from the general provisions attaching to other classes, is that of which the people of this country have been led by all our writers, by all our authorities, to entertain the most watchful and justly founded jealousy. It is on principles somewhat analogous to these, or rather the same, much better enforced, that an opposition was maintained to a law, not dissimilar in its provisions from this, in the winter of 1799-1800.

In the fury and tempest of his passion, my friend from South Carolina seemed to overlook, what I thought he would be one of the last to forget, that we live in a limited Government, possessing restricted powers, which we cannot exceed. Has the constitution, with the most jealous scrutiny, defined the privileges of a member of this House, not permitting us to define our own, and made our principal privilege an exemption from arrest; and do we clothe ourselves with a power of exempting from arrest, ad libitum, a whole class of society--of creating a privileged order? We are, indeed, a privileged order, but we are privileged by the constitution. I ask the gentleman from South Carolina whence he derives the power of creating a privileged order, and, shall this assumption of power be attempted in favor of the military, of all other classes? In my opinion, sir, the section to which I have had reference is freighted with most fatal consequences. I will suppose a case. Suppose a man had a writ served upon him, and he afterwards enlists; that an escape warrant is taken out against him, and a contest ensues between the recruiting sergeant and the civil officer for this man, and that the civil authority supports its officer by calling out the force at its disposal. What would be the upshot? What is it to lead to? I need not state the consequences. These principles, sir, were urged thirteen years ago; they are urged now, in the same place, and on the same occasion. I cannot consent, in deference to any gentlemen, however great their zeal, to admit that I merely urged them at that time, from party views, to put down one description of persons in order to get into their warm berths. I cannot consent to such an admission, and, therefore, cannot give my support to any bill which contains such provisions. I have said this will be an ex post facto law. It is so; it operates not only after the right has accrued to the creditor to sue out his writ, but after it is in a course of execution. Let me put another case. Suppose that Congress were to pass a law that every malefactor under the sentence of death, who enlisted in the Army, should not have the sentence of the law executed on his body. Have you not as good a right to do that as to pass this law? Would you consent to see a scuffle at the gallows between the civil authority and the military for the body of that wretch?

I will put another case, sir. A son, who is the only support of a widowed and aged mother, in some moment of hilarity, perhaps of intoxication, led astray by the phantom Glory, enlists in the army of the United States. I speak of one who is a minor. Although I know that freemen of this country cannot be property in the sense in which a slave is property, yet, I do allow that the mother has a property in the time of that child; that he is under an obligation from which no human law can absolve him--an obligation imposed upon him by the maternal throes that issued him into life--by the nourishment drawn from the parent's breast--by the cherishing hand which fostered him through imbecility and infancy. You have not a right to take him--I hope, then, sir, that no question will be made of your power.

I put another case, said Mr. R. Although an apprentice and a minor are not property in the sense in which a slave is property, there is a class of men, unluckily, in certain parts of our country (in Philadelphia, for instance--I mean that class called "redemptioners,") who were sold but yesterday in the markets of that city. Is the gentleman who represents that district (Mr. SEYBERT) willing that they shall absolve themselves from their contract by enlisting in the Army? If he is, I am. A redemptioner sold in Philadelphia for a term of years, bought in the market as fairly as any other commodity--(I say fairly, because bought with his own consent, and as he believes, for his own advantage)--such a person, if tempted to enlist, will, unquestionably, prefer the pay and emolument of the soldier in your Army to his present situation. With regard to apprentices, I very much fear, sir, that those who enlist will, for the greater part, be of that description for whom their masters have advertised six cents reward, and forewarned all persons from harboring them. I remember, when a small boy, to have seen a series of prints by Hogarth, called "The Progress of Industry and Idleness." The gradations were not more regular than natural. The one ends with wealth, honor, and an eligible matrimonial connection with the daughter of his master, with whom he had been admitted into partnership; the other is brought up by the gibbet. Their names were Thomas Idle and William Goodchild. I believe, sir, that more of the Thomas Idles than of any other will enlist under this law, and I sincerely hope they will; for I very much fear that even William Goodchild, after he has gone through the discipline of a camp for five years, will be utterly unfit for any other species of employment. This is not all. There are other considerations, which I forbear to touch--which, I should have supposed, would have brought themselves home to the bosom of every gentleman in this House. Personal indisposition has prevented my attendance in this House, and I did not hear of this bill until last night. It was then mentioned to me by one who is fast in the old faith, and has often brought the House to a recollection of good old principles; and I did hope that they would this day have received more strenuous aid from that quarter than they have. I hope the House will refuse to pass the bill, if it were only to show that there is some one act of the Administration of 1799-1800, which the present possessors of power have not copied from their statute book. There remains only this, and the eight per cent. stock loan--and we are saved from the latter only by the infractions of that law, which we imperiously refused at the last session to repeal. It is the infractions of this law which has poured money into our coffers, and saved us from the disgrace of an eight per cent. loan. There is another part of this bill which strikes me as being inexpedient; but, as I do not wish to blend considerations of expediency with those of great and vital principles, I shall waive any thing on that head.

The question was then taken on the motion to recommit the bill, and lost. For recommitment 42, against it 62.

The question was then taken that the said bill do pass; and resolved in the affirmative--yeas 64, nays 37.

MONDAY, November 23.

Proposed new State.

On motion of Mr. POINDEXTER, the House resolved itself into a Committee of the Whole, on the bill to authorize the people of Mississippi Territory to form a constitution and State Government, and for the admission of the same into the Union.

Mr. RICHARDSON moved to strike out the first section of the bill.

This motion was supported by Mr. PITKIN, principally on the ground of the inexpediency on general principle, of giving to a Territory embracing a population of only twenty or thirty thousand souls, a representation in the Senate equal to that possessed by other States, some of which contained a million of inhabitants. Another objection was, that the bill proposed to incorporate within a State the town and citadel of Mobile, now in possession of a foreign power; and thus make it the duty of a State to expel from its territory a force which the President had not thought fit to remove.

The motion was opposed by Mr. POINDEXTER, who contended that the population of the Territory was much greater than was represented; and even if it were not what it is, that a precedent was to be found in the incorporation of Ohio and of Louisiana. He represented in glowing terms, the anxiety of the people of the Territory to be enabled to bear their share of the expense as well as the dangers of the present war in support of our just rights; in which cause they had already employed twelve hundred militia, which the gentleman could not say of the populous State he represented; and if that were not enough, they were ready to put a bayonet into the hands of every man in the Territory capable of bearing arms. As to the occupancy of Mobile by the Spaniards, it was not a valid objection; but if it were, he said he hoped it would soon be invalidated; he trusted that the spirit of the country would aid the disposition of the Executive to repel every foreign enemy from our territories.

The motion to strike out the first section was negatived, yeas 24.

After some amendment to the bill, the committee rose and reported it to the House.

Mr. PITKIN renewed the motion to strike out the first section of the bill; which was negatived by a large majority.

The bill was then ordered to be engrossed for a third reading.

TUESDAY, November, 24.

Mississippi Territory.

An engrossed bill to enable the people of the Mississippi Territory to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, was read the third time; and, on the question that the same do pass, it passed in the affirmative--yeas 63, nays 39.

WEDNESDAY, November 25.

Constitution and Guerriere.

Mr. BASSETT communicated to the House the following documents:

NAVY DEPARTMENT, Nov. 21, 1812.

SIR: In order to enable the committee to form a satisfactory opinion as to the compensation to be provided for the officers and crew of the frigate Constitution, for the capture and subsequent destruction of the British frigate the Guerriere, I have the honor to state to you that the Constitution rated 44, and mounted 55 guns; that the Guerriere rated 38 and mounted 54 guns. The Guerriere, although entirely dismasted, and in other respects much crippled, could have been brought into port without incurring any other risk than that of recapture; but Captain Hull conceived that if he had manned the Guerriere for the purpose of sending her into port, he would have so far reduced the crew of the Constitution that he might have subjected both vessels to capture. He presumed that, under all circumstances, it would be better for him to destroy the Guerriere, and preserve the force of the Constitution unimpaired, and his having done so unquestionably proceeded from the most patriotic considerations.

The Guerriere was a frigate of the first class in the British navy; and, no doubt, when the engagement between the Constitution and her commenced, she was completely fitted in all respects for the most serious service. The cost of such a ship, independently of her stores, could not have been less than two hundred thousand dollars, and her stores were worth, in all probability, fifty thousand dollars at least; besides, she had on board a number of prize goods, the value of which cannot be ascertained; but was probably equal to fifty thousand dollars more. So that the whole value of the Guerriere, her stores and prize goods, at the time the action commenced, may fairly be estimated at three hundred thousand dollars.

Had Captain Hull have incurred the risk before mentioned, and succeeded in getting the Guerriere into port, the officers and crew of the Constitution, considering the Guerriere as her equal, would have been entitled to the whole of the Guerriere, her stores and prize goods. Sooner, however, than run the risk of losing the Constitution, he determined to destroy the whole. The question then arises, what, under these circumstances, ought the officers and crew to be allowed? For my own part, I have no hesitation in giving it as my opinion that the sum of one hundred thousand dollars would not be too liberal a provision, or too great an encouragement for the great gallantry, skill, and sacrifice of interest displayed on this occasion; and I am persuaded that, if such a provision were made, the difficulties of manning our frigates, at present experienced, would vanish.

It may further be remarked, that Captain Hull, while on the cruise, on which he captured and destroyed the Guerriere, burnt two enemy's vessels, viz: the brig Lady Warren and the brig Adeora, and obliged the enemy to burn the brig Dolphin, with a cargo of hemp and Russia goods, and to abandon an English barque laden with timber: for no part of which have the officers or crew of the Constitution received any compensation.

I have the honor to be, with great respect, sir, your obedient servant,

PAUL HAMILTON.

Hon. B. BASSETT.

WASHINGTON, Nov. 23, 1812.

SIR: In compliance with your request, I have the honor to state to you that my opinion, as to the value of the Guerriere, at the time the action between her and the Constitution commenced, is, that, exclusively of her stores and prize goods, she was probably worth two hundred thousand dollars; and my impression is, that her stores and prize goods must have been worth one hundred thousand dollars.

I am informed that, independently of their stores, the frigate President cost two hundred and twenty thousand dollars; that the Chesapeake cost two hundred and twenty thousand dollars; and that the Congress cost one hundred and ninety-seven thousand dollars. These vessels were certainly built on good terms; and it is from their cost that I form my idea as to the probable value of the Guerriere; and my impression as to the value of her stores and prize goods is derived from personal observation and information obtained on the occasion from different persons.

I have the honor to be, very respectfully, sir, your obedient servant,

ISAAC HULL.

Hon. BURWELL BASSETT, Chairman, &c.

Medals and Prize Money.

On motion of Mr. BASSETT, the House resolved itself into a Committee of the Whole, on the report of the Naval Committee on the proposed vote of a gold medal to Captain Isaac Hull, late commander of the frigate Constitution, and silver medals to the other officers, and a sum of ---- thousand dollars, to be distributed as prize-money among the officers and crew, as an expression of the sense entertained by this House of their bravery and conduct in attacking and vanquishing the British frigate Guerriere.

Mr. BASSETT spoke in support of the resolution. He stated the magnitude of the achievement; the amount of value of the capture; and assigned many reasons particularly in favor of the donation to the officers and crew, on whom collectively he proposed to bestow the sum of $100,000, and made a motion to that effect. He said the prize money arising from the capture, had not the public service required the destruction of the Guerriere, would have amounted to much more; and the merits of those concerned in the capture entitled them to this remuneration. He dilated on the present low price of wages on board our public ships, and adverted to the seaman's hardships and the seaman's risk, &c.

The question on filling up the blank with "one hundred thousand dollars," was then taken, and decided in the affirmative--50 to 37.

The committee rose and reported their agreement to the resolution.

FRIDAY, November 27.

A new member to wit, from Georgia, WILLIAM BARNETT, returned to serve as a member of this House, in the place of Howell Cobb, resigned, appeared, was qualified, and took his seat.

TUESDAY, December 1.

Naturalization Laws.

On motion of Mr. LACOCK, the House resumed the consideration of the bill supplementary to the naturalization laws.

On motion of Mr. LACOCK, the bill was amended by adding thereto the following additional section:

"And be it further enacted, That every naturalized citizen of the United States, or the Territories thereof, shall forfeit such citizenship on his voluntarily departing from and remaining out of the United States for and during the term of two years."

On motion of Mr. FITCH, the following other section was also incorporated in the bill:

"And be it further enacted, That all persons who shall have been naturalized subsequent to the 18th day of June last, shall be entitled to all the rights and privileges of citizens of the United States, from the date of such naturalization, any thing in the declaration of war against Great Britain, or any other act, to the contrary notwithstanding."

Mr. FISK moved to strike out nine months, the time allowed to citizens to take the benefit of our naturalization laws, and insert three. He said he could not see why so long a time should be allowed. The longest time extended to our citizens in Canada is thirty days; and he did not see why so much more liberality should be extended to their citizens here. He was opposed to their remaining here longer than necessary, the more especially as they employed themselves in exciting divisions, and fomenting the party feuds which now agitate the country.

Mr. LACOCK thought the time proposed was too short; that in some districts they could scarcely hear of the law within that time, and at any rate might not be able to meet with a tribunal, at which to comply with the requisites of the naturalization law, before the expiration of that period.

Mr. FISK withdrew his motion for the present.

THURSDAY, December 3.

SHADRACK BOND, returned to serve as a delegate, in this House, for the Illinois Territory, appeared, was qualified, and took his seat.

SATURDAY, December 5.

Privateer Captures.

Mr. MCKIM presented a petition of Commodore Joshua Barney, on behalf of himself and the owners, officers, and crews, of sundry private armed vessels of war, "praying to be considered as claimants to all property proven to be enemy's property, found on board of vessels sailing under the American flag, having on board British manufactured goods, coming from Great Britain to the United States, and under the protection of British licenses, which have been captured by them, or that they may participate as 'informers' in the seizure and condemnation of the said property under the non-importation."--Referred to the Committee of Ways and Means.

MONDAY, December 7.

Another member, to wit, from Virginia, EDWIN GRAY, appeared, and took his seat.

TUESDAY, December 8.

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