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PROCEEDINGS AND DEBATES

OP

THE SENATE OF THE UNITED STATES,

AT THE THIRD SESSION OF THE ELEVENTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, MONDAY, DECEMBER 3, 1810.

PRESENT:

Monday, December 3, 1810.

and Gilman, be a committee on the part of the The third session of the eleventh Congress, Senate, together with such committee as may conformably to the Constitution of Governmeni be appointed by the House of Representatives on of the United States, commenced this day; and their part, to wait on the President of the United the Senate assembled at the City of Washington. States and notify him that a quorum of the iwo

Houses is assembled and ready to receive any Nicholas Gilman and Charles Corts, from communications that he may be pleased to make New Hampshire.

to them. CHAUNCEY GOODRICH and Samuel W. Dana, informed the Senate that a quorum of the House

A message from the House of Representatives from Connecticut. Jonathan Robinson, from Vermont.

of Representatives is assembled and ready to Obadiah GERMAN, from New York.

proceed to business. The House of RepresentaMichael Leib, from Pennsylvania.

iives have appointed a committee on their part, OOTERBRIDGE HORSEY, from Delaware.

jointly, with such committee as may be appointed Samuel Smith, from Maryland.

on the part of the Senate, to wait on the Presi

dent of the United States and notify him that a WILLIAM B. Giles, from Virginia. Joan GAILLARD, from South Carolina.

quorum of the two Houses is assembled and WILLIAM H. CRAWFORD and CHARLES Tair, ready to receive any, communications that he from Georgia.

may be pleased to make to them.. Joan Pope, from Kentucky.

On motion, by Mr. SMITH, of Maryland, ALEXANDER CAMPBELL, from Ohio.

Resolved, That each Senator be supplied, durJohn GAILLARD, President pro tempore, re

ing the present session, with three such newspasumed the Chair.

pers printed in any of the States as he may The number of Senators present not being the usual rate for the annual charge of such pa

choose, provided that the same be furnished at sufficient to constitute a quorum, the Senate adjourned.

pers: and provided, also, that if any Senator shall choose to take any newspapers other than

daily papers, he shall be supplied with as many Tuesday, December 4.

such papers as shall not exceed the price of three John LAMBERT, from the State of New Jersey, daily papers. Elisha Mathewson, from the State of Rhode On motion, by Mr. Smith, of Maryland, Island, and Philip Reed, from the State of Ma- Resolved, That James Mathers, Sergeant-atryland, severally attended.

Arms and Doorkeeper to the Senate, be, and he The credentials of CHARLES Cutts, appointed is hereby, authorized to employ one assistant and a Senator by the Legislature of the State

of New two horses, for the purpose of performing such Hampshire, in place of Nahum Parker, Esq., re- services as are usually required by the Doorsigned; also, of SAMUEL W. DANA, appointed a keeper to the Senate; and that the sum of twentySenator by the Legislature of the State of Con- eight dollars be allowed him weekly for that purDecticut, in place of James Hillhouse, Esq., re- pose, to commence with, and remain during the sigped, were severally read; and the oath re- session, and for twenty days after. quired by law was, by the PRESIDENT, adminis- Mr. Smith, of Maryland, submitted the foltered to them, respectively.

lowing motion for consideration : Ordered, That the Secretary acquaint the Resolved, That two Chaplains, of different denomiHouse of Representatives that a quorum of the nations, be appointed to Congress during the present Senate is assembled and ready to proceed to session, one by each House, who shall interchange business.

weekly. Ordered, That Messrs. Smith, of Maryland, Mr. Giles presented the petition of Larkin

SENATE.

President's Annual Message.

DECEMBER, 1810.

Smith, Collector of the District of Norfolk and on the subject of the act has been received. To a Portsmouth, in Virginia, praying additional com communication, from our Minister at London, of a pensation, for reasons stated at large in his peti- revocation, by the French Government, of its Berlin tion; which was read, and referred to a select and Milan decrees, it was answered, that the British committee to consider and report thereon; and system would be relinquished as soon as the repeal of Messrs. Giles, CRAWFORD, and LEIB, were ap- and the commerce of neutral nations have been re

the French decrees should have actually taken effect, pointed the committee.

Mr. Smith, of Maryland, reported from the stored to the condition in which it stood previously to joint committee that they had waited on the the promulgation of those decrees. This pledge, alPresident of the United States, and that the clude, the intention of relinquishing, along with the

though it does not necessarily import, does not ex. President informed the committee that he would Orders in Council, the practice of those novel blockmake a communication to the two Houses to-ades, which have a like effect of interrupting our neumorrow, at 12 o'clock.

tral commerce: and this further justice to the United Mr. Smith, of Maryland, gave notice that, to- States is the rather to be looked for, inasmuch as the morrow, he should ask leave to bring in a bill to blockades in question, being not more contrary to the :suspend the second section of the “ Act supple-established law of nations than inconsistent with the mentary to the act, entitled 'An act regulating rules of blockade formally recognised by Great Britain foreign coins, and for other purposes."

herself, could have no alleged basis other than the plea of retaliation, alleged as the basis of the Orders

in Council. Under the modification of the original WEDNESDAY, December 5.

orders of November, 1807, into the orders of April, Timothy PICKERING, from the State of Massa- 1809, there is, indeed, scarcely a nominal distinction chusetts, and Stephen R. BRADLEY, from the between the orders and the blockades. One of those

illegitimate blockades, bearing date in May, 1806, havState of Vermont, severally attended.

ing been expressly avowed to be still unrescinded, and PRESIDENT'S ANNUAL MESSAGE. to be, in effect, comprehended in the Orders in Coun

cil, was too distinctly brought within the purview of The following Message was received from the the act of Congress not to be comprehended in the PRESIDENT OF THE UNITED States:

explanation of the requisites to a compliance with it. Fellow-citizens of the Senate

The British Government was accordingly apprized by and House of Representatives :

our Minister near it, that such was the light in which The embarrassments which have prevailed in our the subject was to be regarded. foreign relations, and so much employed the delibera- On the other important subjects depending between tions of Congress, make it a primary duty in meeting the United States and that Government, no progress you to communicate whatever may have occurred in has been made from which an early and satisfactory that branch of our national affairs.

result can be relied on. The act of the last session of Congress concerning

In this new posture of our relations trith those Pow. the commercial intercourse between the United States ers, the consideration of Congress will be properly and Great Britain and France, and their dependen, turned to a removal of doubts which may occur in the cies, having invited, in a new form, a termination of exposition, and of difficulties in the execution, of the their edicts against our neutral commerce; copies of

act above cited. the act were immediately forwarded to our Ministers

The commerce of the United States with the north at London and Paris, with a view that its object might of Europe, heretofore much vexed by licentious cruibe within the early attention of the French and Brit- sers, particularly under the Danish flag, has latterly ish Governments.

been visited with fresh and extensive depredations. By the communication received through our Minis. The measures pursued in behalf of our injured cititer at Paris, it appeared that a knowledge of the act zens, not having obtained justice for them, a further by the French Government was followed by a declar- and more formal interposition with the Danish Governation that the Berlin and Milan decrees were revoked, ment is contemplated. The principles which have and would cease to have effect on the first day of No- been maintained by that Government in relation to vember ensuing. These being the only known edicts neutral commerce, and the friendly professions of His of France within the description of the act, and the Danish Majesty towards the United States, are valuarevocation of them being such that they ceased at that ble pledges in favor of a successful issue. date to violate our neutral commerce, the fact, as pre

Among the events growing out of the state of the scribed by law, was announced by a proclamation, Spanish monarchy, our attention was imperiously atbearing date the second day of November.

tracted to the change developing itself in that portion of It would have well accorded with the conciliatory West Florida which, though of right appertaining to views indicated by this proceeding on the part of the United States, had remained in the possession of France, to have extended them to all the grounds of Spain, awaiting the result of negotiations for its actual just complaint which now remain unadjusted with the delivery to them. The Spanish authority was subverted, United States. It was particularly anticipated that, and a situation produced exposing the country to ulteas a further evidence of just dispositions towards rior events which might essentially affect the rights and them, restoration would have been immediately made welfare of the Union. In such a conjuncture I did of the property of our citizens, seized under a misap: not delay the interposition required for the occupancy plication of the principle of reprisals, combined with of the territory west of the river Perdido, to which the a misconstruction of the law of the United States. title of the United States extends, and to which the This expectation has not been fulfilled.

laws provided for the Territory of Orleans are applicaFrom the British Government, no communication ble. With this view, the proclamation, of which a

DECEMBER, 1810.
President's Annual Message.

SENATE copy is laid before you, was confided to the Governor ousy and prejudice would be diminished, the features of that Territory, to be carried into effect. The le- of national character would be multiplied, and greater gality and necessity of the course pursued, assure me extent given to social harmony. But, above all, a well of the favorablo light in which it will present itself to constituted seminary, in the centre of the nation, is the Legislature, and of the promptitude with which recommended by the consideration that the additional they will supply whatever provisions may be due to instruction emanating from it would contribute not the essential rights and equitable interests of the peo- less to strengthen the foundations than to adorn the ple thus brought into the bosom of the American structure of our free and happy system of Government. family.

Among the commercial abuses still committed under Our amity with the Powers of Barbary, with the the American flag, and leaving in force my former refexception of a recent occurrence at Tunis, of which erence to that subject, it appears that American citi. an explanation is just received, appears to have been zens are instrumental in carrying on a traffic in enuninterrupted, and to have become more firmly estab- slaved Africans, equally in violation of the laws of lished.

humanity, and in defiance of those of their own counWith the Indian tribes, also, the peace and friend try. The same just and benevolent motives which ship of the United States are found to be so eligible produced the interdiction in force against this criminal that the general disposition to preserve both continues conduct, will doubtless be felt by Congress in devising to gain strength.

further means of suppressing the evil. I feel particular satisfaction in remarking that an In the midst of uncertainties necessarily connected interior view of our country presents us with grateful with the great interests of the United States, prudence proofs of its substantial and increasing prosperity. To requires a continuance of our defensive and precaua thriving agriculture, and the improvements related tionary arrangement. The Secretary of War and to it, is added a highly interesting extension of useful Secretary of the Navy will submit the statements and manufactures, the combined product of professional estimates which may aid Congress in their ensuing occupations and of household industry. Such, indeed, provisions for the land and naval forces. The stateis the experience of economy, as well as of policy, in ments of the latter will include a view of the transfers these substitutes for supplies, heretofore obtained by of appropriations in the naval expenditures, and the foreign commerce, that, in a national view, the change grounds on which they were made. is justly regarded as, of itself, more than a recompense The fortifications for the defence of our maritimo for those privations and losses, resulting from foreign frontier have heen prosecuted according to the plan injustice, which furnished the general impulse re- laid down in 1808. The works, with some exceptions, quired for its accomplishment. How far it may be ex are completed, and furnished with ordnance. Those pedient to guard the infancy of this improvement in for the security of the city of New York, though far the distribution of labor by regulations of the com- advanced towards completion, will require a further mercial tariff, is a subject which cannot fail to suggest time and appropriation. This is the case with a few itself to your patriotic reflections.

others, either not completed, or in need of repairs. It will rest with the consideration of Congress, also,

The improvements, in quality and quantity, made whether a provident, as well as fair encouragement, in the manufacture of cannon and of small arms, both would not be given to our navigation by such regula- at the public armories and private factories, warrant tions as would place it on a level of competition with additional confidence in the competency of these reforeign vessels, particularly in transporting the impor sources for supplying the public exigencies. tant and bulky productions of our own soil. The fail.

These preparations for arming the militia having ure of equality and reciprocity in the existing regula- thus far provided for one of the objects contemplated tions on this subject operates, in our ports, as a pre- by the power vested in Congress with respect to that mium to foreign competitors; and the inconvenience great bulwark of the public safety, it is for their conmust increase as these may be multiplied, under more sideration whether further provisions are not requisite favorable circumstances, by the more than counter for the other contemplated objects of organization and vailing encouragements now given them by the laws discipline. To give to this great mass of physical and of their respective countries.

moral force the efficiency which it merits and is capaWhilst it is universally admitted that a well in- ble of receiving, it is indispensable that they should structed people alone can be permanently a free peo- be instructed and practised in the rules by which they ple, and while it is evident that the means of diffusing are to be governed. Towards an accomplishment of and improving useful knowledge form so small a pro- this important work, I recommend for the consideraportion of the expenditures for national purposes, Ition of Congress the expediency of instituting a sys. cannot presume it to be unseasonable to invite your tem which shall, in the first instance, call into the field, attention to the advantages of superadding to the at the public expense, and for a given time, certain means of education, provided by the several States, a portions of the commissioned and non-commissioned seminary of learning, instituted by the National Legis- officers. The instruction and discipline thus acquired lature, within the limits of their exclusive jurisdiction, would gradually diffuse through the entire body of the the expense of which might be defrayed or reimbursed militia that practical knowledge and promptitude for out of the vacant grounds which have accrued to the active service which are the great ends to be pursued. nation within those limits.

Experience has left no doubt, either of the necessity Such an institution, though local in its legal char. or of the efficacy of competent military skill in those acter, would be universal in its beneficial effects. By portions of an army, in fitting it for the final duties enlightening the opinions, by expanding the patriot- which it may have to perform. ism, and by assimilating the principles, the senti- The corps of engineers, with the Military Academy, ments, and the manners, of those who might resort to are entitled to the early attention of Congress. The this temple of science, to be redistributed, in due time, buildings at the seat fixed by law for the present through every part of the community, sources of jeal- | academy are so far in decay as not to afford the neces

SENATE.
President's Annual Message.

DECEMBER, 1810. sary accommodation. But a revision of the law is re

Thursday, December 6. commended principally with a view to a more enlarged The number of Senators present not being cultivation and diffusion of the advantages of such sufficient to constitute a quorum, the Senate adinstitutions, by providing professorships for all the

journed. necessary branches of military instruction, and by the establishment of an additional academy at the Seat of Government or elsewhere. The means by which war,

Friday, December 7. as well for defence as for offence, are now carried on, render these schools of the more scientific operations

JOSEPR ANDERSON, from the State of Tennesan indispensable part of every adequate system. Even see, attended. among nations whose large standing armies and fre The bill to suspend the second section of the quent wars afford every other opportunity of instruc- act; entitled “ Ao act regulating foreign coins, tion, these establishments are found to be indispens- and for other purposes ;" was read the second able for the due attainment of the branches of military time, and referred to a select committee, to conscience which require a regular course of study and sider and report thereon ; and Messrs. Smita, of experiment. In a Government happily without the Maryland, CRAWFORD, and Dana, were appointed other opportunities, seminaries, where the elementary the committee. principles of the art of war can be taught without ac The Senate resumed the motion made on the tual war, and without the expense of extensive and 4th instant, for the appointment of Chaplains; standing armies, have the precious advantage of uni- and the further consideration thereof was postting an essential preparation against external danger, poned until Monday next. with a scrupulous regard to internal safety. In no

On motion, by Mr. Giles, other way, probably, can a provision of equal efficacy for the public defence be made at so little expense, or dent of the United States as concerns the relations

Resolved, That so much of the Message of the Presi. more consistently with the public liberty.

The receipts into the Treasury during the year end between the United States and France and Great ing on the 30th of September last, (and amounting to Britain, with the accompanying documents, be referred more than eight millions and a half of dollars) have to the Senate, and that the committee have leave to

to a select committee to examine and report thereon exceeded the current expenses of Government, including the interest on the public debt. For the purpose report by bill

, bills, or otherwise. of reimbursing, at the end of the year, three millions Ordered, That Messrs. Giles, CRAWFORD, AN. seven hundred and fifty thousand dollars of the prin- DERSON, GOODRICH, and Pope, be the committee. cipal, a loan, as authorized by law, had been negotiated The following motion was submitted by Mr. to that amount; but has since been reduced to two Giles: millions seven hundred and fifty thousand dollars; Resolved, That so much of the Message of the Presithe reduction being permitted by the state of the dent of the United States, as relates to the occupation Treasury, in which there will be a balance remaining of that part of West Florida which is included within at the end of the year, estimated at two millions of the boundaries described by the treaty for the acquisidollars. For the probable receipts of the next year, tion of Louisiana, with the accompanying documents, and other details, I refer to statements which will be be referred to a select committee, with instructions to transmitted from the Treasury, and which will enable examine the same, and report thereon to the Senate ; you to judge what further provisions may be necessary and that the committee have leave to report by bill, for the ensuing years.

bills, or otherwise. Reserving for future occasions, in the course of the session, whatever other communications may claim

Ordered, That it lie until Monday next. your attention, I close the present, by expressing my

On motion, by Mr. Smith, of Maryland, reliance, under the blessing of Divine Providence, on

Resolved, That so much of the Message of the Presithe judgment and patriotism which will guide your dent of the United States, as relates to the corps of measures, at a period particularly calling for united engineers and Military Academy, be referred to a secouncils, and inflexible exertions, for the welfare of lect committee, to report by bill, bills, or otherwise. our country, and by assuring you of the fidelity and Ordered, That Messrs. Smith of Maryland alacrity with which my co-operation will be afforded. GILMAN, BRADLEY, Pickering, and Reed, be the

JAMES MADISON. committee. WASHINGTON, December 5, 1810.

On motion, by Mr. GILES, The Message and documents therein referred Resolved, That the petition of the President, Directo were read, and five hundred copies thereof or-tors, and Company of the farmers' Bank of Alexandered to be printed for the use of the Senate. dria, praying a charter of incorporation, presented on

Mr. Smith, of Maryland, asked and obtained the 5th instant, be referred to a select committee, to leave to bring in a bill to suspend the second consist of five members, to consider and report thereon section of the act, entitled "An act regulating by bill or otherwise. foreign coins, and for other purposes ;" and the Ordered, That Messrs. Giles, LEIB, Goodbill was read, and passed to the second reading. RICH, CRAWFORD, and Cutts, be the committee.

Mr. Giles presented the petition of the President, Directors, and Company, of the Farmers' Bank of Alexandria, praying a charter of incor

MONDAY, December 10. poration, for reasons stated at large in

he peti

Mr. Leib presented the resolutions of the Legisiion; which was read, and ordered to lie for con- lature of the State of Pennsylvania, passed 18th sideration.

March last, approving the measures pursued by

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