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SENATE.

Proceedings.

FEBRUARY, 1811.

ernment is not to be strengthened by an assumption election of sheriffs in the Indiana Territory," toof doubtful powers, but by a wise and energetic execu-gether with the amendment reported thereto by tion of those which are incontestable; the former never the select committee. fails to produce suspicion and distrust, while the latter inspires respect and confidence.

If, however, after a fair experiment, the powers vested in the Government shall be found incompetent to the attainment of the objects for which it was instituted, the Constitution happily furnishes the means for remedying the evil by amendment, and I have no doubt that in such event on an appeal to the patriotism and good sense of the community it will be wisely applied.

I will not trespass upon the patience of the Senate any longer than to say, from the best examination I have been able to give the subject, I am constrained by a sense of duty to decide in the affirmative-that is, that the first section of the bill be stricken out.

THURSDAY, February 21.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to erect a light-house on Boon island, in the State of Massachusetts, to place buoys off Cape Fear river, and to erect a beacon at New Inlet, in the State of North Carolina, and to place buoys at the entrance of the harbor of Edgartown, and to erect a column of stone on Cape Elizabeth, in the State of Massachusetts;" in which they desire the concurrence of the Senate.

The bill last brought up for concurrence was read, and passed to the second reading.

The Senate resumed, as in Committee of the Whole, the bill to amend and continue in force an act, entitled "An act to incorporate the subscribers to the Bank of the United States," passed on the 25th day of February, 1791.

On motion of Mr. LEIB,

Ordered, That it be postponed to the first Monday in December next!

The Senate resumed, as in Committee of the Whole, the bill to extend the right of suffrage in the Indiana Territory, and for other purposes; and the bill having been amended, the PRESIDENT reported it to the House accordingly.

On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes; and, on motion, it was agreed that it be made the order of the day for to-mor

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On motion, it was agreed that the further consideration thereof be postponed until to morrow. The Senate resumed as in Committee of the Whole, the bill, entitled "An act establishing navy hospitals."

Ordered, That it pass to the third reading. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act for the relief of Péter Audrain ;" and,

Ordered, That it pass to the third reading. Mr. SMITH, of Maryland, gave notice that to. morrow he should ask leave to bring in a bill to repeal the tenth section of the act, entitled "An act to incorporate the subscribers to the Bank of the United States ;" and to repeal the third section of the act, entitled "An act supplementary to the act, entitled 'An act to establish the compensation of the officers employed in the collection of the duties on impost and tonnage,' passed 10th May, 1800."

Mr. BRADLEY, from the committee to whom was referred the bill, entitled "An act in addition to the act, entitled 'An act concerning Consuls, and for the further protection of American seamen," reported it amended; and the amendment was considered and agreed to, as in Committee of the whole; and the PRESIDENT reported the bill to the House accordingly.

On the question, Shall this bill be read the third time as amended? it was determined in the affirmative.

Mr. CUTTS gave notice that to-morrow he should ask leave to bring in a bill to amend the act, entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands, in the Territories of Orleans and Louisiana."

FRIDAY, February 22.

The bill entitled "An act to erect a lighthouse on Boon island, in the State of Massachusetts, to place buoys off Cape Fear river, and to erect a beacon at New Inlet, in the State of North Carolina, and to place buoys at the entrance of the harbor of Edgartown, and to erect a column of stone on Cape Elizabeth, in the State of Massachusetts," was read the second time.

Mr. LLOYD presented the petition of Moses Brown and others, on the subject; which was read. Whereupon, on motion by Mr. TURNER, the bill and petition was referred to a select committee, to consider and report thereon; and Messrs. LLOYD, TURNER, and CONDIT, were appointed the committee.

Mr. HORSEY, from the committee, reported the. bill to extend the right of suffrage in the Indiana Territory, and for other purposes, correctly engrossed; and the bill was read the third time as amended, and passed.

Mr. HORSEY, from the committee, reported the bill in addition to the act to regulate the laying out and making a road from Cumberland, in the

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State of Maryland, to the State of Ohio, correctly engrossed; and the bill was read the third time as amended, and the blanks filled.

Resolved, That this bill pass, and that the title thereof be "An act in addition to the act to reg. ulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio."

Mr. HORSEY, from the committee, also reported the amendment to the bill, entitled "An act in addition to the act, entitled 'An act concerning Consuls and Vice Consuls,' and for the further protection of American seamen," correctly engrossed; and the bill was read the third time as amended.

Resolved, That this bill pass with an amend

ment.

The bill, entitled "An act establishing navy hospitals," was read the third time, and passed. The bill, entitled "An act for the relief of Peter Audrain," was read the third time, and passed.

The Senate resumed, as in Committee of the Whole, the bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes; and, on motion by Mr. ANDERSON, that the further consideration thereof be postponed to the first Monday in December next, it was determined in the negative-yeas 8, nays 17, as follows:

YEAS-Messrs. Anderson, Bradley, Franklin, German, Gregg, Lambert, Smith of New York, and

Turner.

NAYS-Messrs. Campbell, Clay, Condit, Crawford, Cutts, Dana, Gilman, Horsey, Leib, Lloyd, Pope, Reed, Smith of Maryland, Tait, Taylor, Whiteside, and Worthington.

Agreeably to notice, Mr. CUTTS asked and obtained leave to bring in a bill to amend the act, entitled แ An act providing for the final adjustment of claims to lands, and for the sale of the public lands, in the Territories of Orleans and Louisiana;" and the bill was read, and passed to the second reading.

Agreeably to notice, Mr. SMITH, of Maryland, asked and obtained leave to bring in a bill to repeal the tenth section of the act, entitled "An act to incorporate the subscribers to the Bank of the United States," and to repeal the third section of the act, entitled "An act supplementary to the act, entitled 'An act to establish the compensation of the officers employed in the collection of the duties on impost and tonnage,' passed 10th of May, 1800;" and the bill was read, and passed to the second reading.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act to authorize the election of sheriffs in the Indiana Territory;" together with the amendment reported thereto by the select committee; and, having agreed to the amendment, the PRESIDENT reported the bill to the House accordingly.

On the question, Shall this bill be read a third time as amended? it was determined in the affirmative.

SENATE.

Secretary of the Navy on the practical use of the torpedo, or submarine explosion; and the report and documents therein referred to were read, and ordered to lie on the table.

The VICE PRESIDENT notified the Senate that he should be absent, after this day, for the remainder of the session.

SATURDAY, February 23.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a PRESIDENT pro tempore, as the Constitution provides; and the Hon. JOHN POPE was elected.

The credentials of the Hon. JOHN TAYLOR, appointed a Senator by the Legislature of the State of South Carolina, for the term of six years, commencing on the fourth day of March next, were read, and ordered to lie on file.

The bill to repeal the tenth section of the act, entitled "An act to incorporate the subscribers to the Bank of the United States," and the third section of the act, entitled 'An act supplementary to an act, entitled 'An act to establish the compensation of the officers employed in the collection of the duties on impost and tonnage," was read the second time, and referred to a select committee, to consider and report thereon ; and Messrs. SMITH, of Maryland, FRANKLIN, and ANDERSON, were appointed the committee.

The bill to amend an act, entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands, in the Territories of Orleans and Louisiana," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. BRADLEY, CAMPBELL, and FRANKLIN, were appointed the committee.

On motion, by Mr, BRENT, that the memorial of Richard Bland Lee, on the subject of the damages he has sustained from the troops of the Uni ted States, when stationed at Harper's Ferry, and otherwise, together with the accompanying documents, be referred to the Secretary of War; it was determined in the negative.

The PRESIDENT communicated a report of the Secretary for the Department of Treasury, with a statement of the emoluments of the officers employed in the collection of the customs for the year 1810; which were read, and ordered to lie on the table.

Mr. SMITH, of Maryland, from the committee to whom was referred the bill, entitled "An act for establishing trading-houses with the Indian tribes," reported the bill amended.

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Mr. CUTTS, from the committee, reported the amendment to the bill, entitled "An act to authorize the election of sheriffs in the Indiana Territory," correctly engrossed; and the bill was read the third time as amended.

On motion, by Mr. GILES, that it be postponed to the first Monday in December next, it was determined in the negative-yeas 13, nays 14, as follows:

YEAS-Messrs. Bradley, Brent, Clay, Condit, Giles, Goodrich, Lloyd, Pickering, Pope, Smith of New York,

The PRESIDENT communicated a report of the Tait, Taylor, and Turner.

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NAYS-Messrs. Anderson, Campbell, Franklin, Gaillard, German, Gregg, Lambert, Leib, Mathewson, Reed, Robinson, Smith of Maryland, Whiteside, and Worthington.

On the question, Shall this bill pass? it was determined in the negative-yeas 13, nays 14, as follows:

YEAS-Messrs. Anderson, Campbell, Franklin, Gaillard, German, Gregg, Lambert, Leib, Mathewson, Robinson, Smith of Maryland, Whiteside, and Worthington.

NAYS-Messrs. Bradley, Brent, Clay, Condit, Giles, Goodrich, Lloyd, Pickering, Pope, Reed, Smith of New York, Tait, Taylor, and Turner.

FEBRUARY, 1811.

to, and made the order of the day for Monday next.

Mr. GILES submitted the resolutions of the Legislature of the State of Virginia, instructing their Senators, and requesting their Delegates, to use their best efforts to obtain from Congress an act authorizing the officers and soldiers of the Virginia line on State establishment, their heirs or assigns, to locate warrants which they may hold for lands granted for military services, on certain waste and unappropriated lands; which were read, and laid on the table.

The Senate resumed, as in Committee of the Whole, the bill for the relief of the Collectors of the ports of Norfolk, Baltimore, and Philadelphia; and, on motion by Mr. REED, the consideration thereof was further postponed until Monday next. Mr. LEIB submitted the following motion for consideration:

A message from the House of Representatives informed the Senate that the bill entitled "An act incorporating the Protestant Episcopal Church, in the town of Alexandria, in the District of Columbia," which passed the two Houses of Congress, and was presented to the President of the Resolved, That the Secretary of the Senate pay, out dollars to United States for his approbation and signature, of the contingent fund, the sum of and returned by him, on the 21st instant, to the Henry Miller, William Fishburn, and Tobias SimpHouse of Representatives, in which House itson, each, for extra services during the present sesoriginated, with the following objections:

"Because the bill exceeds the rightful authority to which Governments are limited by the essential distinction between civil and religious functions, and violates, in particular, the article of the Constitution of the United States, which declares that "Congress shall make no law respecting a religious establishment." The bill enacts into and establishes by law sundry rules and proceedings relative purely to the organization and polity of the church incorporated, and comprehending even the election and removal of a minister of the same; so that no change could be made therein by the particular society, or by the general Church, of which it is a member, and whose authority it recognises. This particular church, therefore, would so far be a religious establishment by law: a legal force and sanction being given to certain articles in its constitution and administration. Nor can it be considered that the articles thus established are to be taken as the descriptive criteria only of the corporate identity of the society; inasmuch as this identity must depend on other characteristics; as the regulations established are generally unessential and alterable, according to the principles and canons by which churches of that denomination govern themselves; and, as the injunctions and prohibitions contained in the regulations would be enforced by the penal consequences applicable to a violation of them according to the local law.

"Because the bill vests in the said incorporated church an authority to provide for the support of the poor, and the education of poor children of the same; an authority which, being altogether superfluous if the provision is to be the result of pious charity, would be a precedent for giving to religious societies, as such, a legal agency in carrying into effect a public and civil duty."

And that, upon a reconsideration of the bill, two-thirds of the House of Representatives did not agree to pass the same.

Mr. CUTTS, from the committee, reported the bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes," correctly engrossed; and, on motion, by Mr. BRADLEY, it was agreed that it be postponed

sion.

Mr. GREGG, from the committee to whom was referred, on the 4th instant, the memorial of the clergy resident in the city of Philadelphia, made a report. Whereupon the further consideration thereof was postponed to the first Monday in December next.

Mr. BRADLEY, from the committee to whom was referred the bill to amend an act, entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands, in the Territories of Orleans and Louisiana, passed on the 31st day of December, 1810," reported it amended; and the amendments were considered as in Committee of the Whole, and agreed to by unanimous consent; and the PRESIDENT reported the bill to the House accordingly.

On the question, Shall this bill be engrossed, and read a third time as amended? it was deter

mined in the affirmative.

MONDAY, February 25.

The PRESIDENT communicated a report from the Secretary for the Department of War, containing an account of the expenses of the national armories at Springfield and Harper's Ferry, together with a return of the arms made and repaired at each during the year 1810, made in obedience to the fifth section of an act, entitled "An act to provide for the erecting and repairing of arsenals and magazines, and for other purposes;" and the report was read, and laid on the table.

The resolution to authorize the Secretary of the Senate to pay, out of the contingent fund of the Senate, to Henry Miller and others — dollars each, was read the second time.

The Senate resumed, as in Committee of the Whole, the bill for the benefit of the seamen of the United States, together with the amendments reported thereto by the select committee; and, after debate, on motion of Mr. LLOYD, the further

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consideration thereof was postponed until the next session of Congress.

Mr. LEIB presented the memorial of the stock holders of the Bank of the United States, praying an extension of their charter, so far as to enable them to settle the accounts of the bank, for reasons therein stated; and the memorial was read, and referred to a select committee, to consist of five members, to consider and report thereon; and Messrs. CLAY, FRANKLIN, ANDERSON, LEIB, and BAYARD, were appointed the committee. Mr. GILMAN, from the committee, reported the bill to amend an act, entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands in the Territories of Orleans and Louisiana," correctly engrossed; and the bill was read the third time as amended.

Resolved, That this bill pass, and that the title thereof be "An act providing for the final adjust ment of claims to lands, and for the sale of the public lands, in the Territories of Orleans and Louisiana; and to repeal the act passed for the same purpose, and approved February 16, 1811." Mr. SMITH, of Maryland, presented the petition of William Lorman and others, citizens of the United States, and residents in the city of Baltimore, stating that they, together with several others, resident merchants in Philadelphia, are severally owners of the ship Fair American and her cargo, arrived a few days since in the port of Baltimore from Calcutta, and that the said cargo is refused entry by the Collector of the Customs, on an alleged violation of the act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes;" and praying relief, for reasons stated at large in the petition;" which was read, and laid on the table.

The engrossed bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes, was read the third time.

On the question. Shall this bill pass? it was determined in the affirmative-yeas 14, nays 12, as follows:

YEAS-Messrs. Bayard, Clay, Condit, Crawford, Gilman, Goodrich, Lloyd, Pickering, Pope, Reed, Smith of Maryland, Tait, Taylor, and Worthington. NAYS-Messrs. Anderson, Bradley, Cutts, Franklin, German, Gregg, Lambert, Leib, Mathewson, Smith of New York, Turner, and Whiteside.

SENATE.

trading houses with the Indian tribes,” together with the amendments reported thereto by the select committee; and, having agreed to the amendments and further amended the bill, the President reported it to the House accordingly. On the question, Shall this bill be read a third time as amended? it was determined in the affirmative.

The Senate resumed the resolution to authorize the Secretary of the Senate to pay, out of the contingent fund of the Senate, to Henry Miller and others, dollars for extra services during the present session. And on the question, Shall this resolution be engrossed and read a third time? it was determined in the affirmative.

WEDNESDAY, February 27.

Mr. CUTTS, from the committee, reported the amendments to the bill, entitled "An act for establishing trading houses with the Indian tribes," correctly engrossed; and the bill was read the third time as amended, and passed.

Mr. BRADLEY gave notice that to-morrow he should ask leave to bring in a bill to fix the time for the next meeting of Congress.

The resolution submitted on the 23d instant, was read the third time and passed, as follows: Resolved, That the Secretary of the Senate pay, out of the contingent fund, the sum of fifty dollars to Henry Miller, William Fishburn, and Tobias Simpson, each, for extra services during the present session.

Mr. GREGG Submitted the following motion:

rected to deliver to Caleb Boyle the portraits of the Resolved, That the Secretary of the Senate be dilate King and Queen of France, which were some time since kept in the Senate Chamber, and which are now in one of the committee rooms, to be kept by him until the Senate direct otherwise; taking, at the time of delivery, his obligation to return them when demanded.

Mr. LLOYD, from the committee to whom was referred the bill. entitled "An act to erect a lighthouse on Boon island, in the State of Massachusetts, to place buoys off Cape Fear river, and to erect a beacon at New Inlet, in the State of North Carolina, and to place buoys at the entrance of the harbor of Edgartown, and to erect a column of stone on Cape Elizabeth, in the State of Massachusetts," reported it with amendments; which were read and considered as in Committee So it was resolved that this bill pass, and that of the Whole, and agreed to; and the President the title thereof be "An act to authorize the pay-reported the bill to the House accordingly. ment of certain certificates, credits, and pensions, and for other purposes."

On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative.

On motion, by Mr. SMITH, of Maryland, the bill for the relief of the collectors of the ports of Mr. HORSEY, from the committee, reported the Norfolk, Baltimore, and Philadelphia, was recom-amendments to the last mentioned bill correctly mitted to a select committee, further to consider engrossed, and the bill was read the third time as and report thereon; and Messrs. SMITH of Mary; amended, by unanimous consent, and passed. land, BRADLEY, and MATHEWSON, were appointed the committee.

TUESDAY, February 26.

The Senate resumed, as in Committee of the Whole the bill, entitled "An act for establishing 11th CoN. 3d SESS.-12

Mr. CRAWFORD, from the committee to whom was referred, on the 10th December, so much of the Message of the President of the United States as relates to the occupation of West Florida, reported a bill authorizing the President of the United States to accept the service of a num

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The Senate resumed the motion submitted yes- The bill, entitled "An act supplementary to terday respecting the portraits of the late King the act, entitled 'An act concerning the commerand Queen of France; and, on the question to cial intercourse between the United States and agree thereto, it was determined in the negative. Great Britain and France, and their dependenMr. SMITH, of Maryland, from the committee cies, and for other purposes," was read the secto whom was referred, on the 27th December, ond time; and on motion by Mr. LLOYD, that it the memorial of Thomas Corcoran, and others, be referred to a select committee, to consider citizens of Georgetown, in the District of Colum-and report thereon, it was determined in the bia, made report. Whereupon, the committee negative. was discharged from the further consideration of the subject.

Mr. LEIB, from the committee to whom was referred, on the 14th December, last, the report of the Secretary for the Department of War, on the discipline of the militia of the United States, made report. Whereupon, the committee was discharged from the further consideration of the subject.

Ordered, That the Secretary of the Senate return the documents accompanying the report of the Secretary of War of the 14th December last, to the War Office..

Mr. WORTHINGTON presented the memorial of Joseph Gordon, and others, praying an alteration in the laws providing for the sales of the lands of the United States, as mentioned in the memorial; which was read, and referred to Messrs. WORTHINGTON, POPE, and BRADLEY, the committee appointed on the 14th January last.

Mr. BRADLEY asked and obtained leave to bring in a bill altering the time for the next meeting of Congress; and the bill was read, and passed to the second reading.

The bill authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding fifty thousand men, was read the second time, and considered as in Committee of the Whole. And on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. A message from the House of Representatives informed the Senate that the House have passed a bill, 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," in which they desire the concurrence of the Senate.

The bill last mentioned was read, and passed to the second reading.

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, and recommend to the attention of Congress, a report of the Secretary of State, relative to deficiencies in the returns of the census. FEBRUARY 28, 1811.

JAMES MADISON.

Mr. GERMAN presented the memorial of Thompson and Edgar, and others, merchants of the city of New York, stating that they are owners and consignees of property to the value of not less than one million and a half of dollars, which has arrived in that port since the 2d of February, and that the collector has refused to permit the said property to be entered at the custom-house, on an alleged violation of the non-intercourse laws; wherefore the memorialists pray relief; and the memorial was read.

Mr. CUTTS, from the committee, reported the bill authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding fifty thousand men, correctly engrossed; and the bill was read the third time.

Resolved, That this bill pass, and that the title thereof be "An act authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding fifty thousand men."

The bill altering the time for the next meeting of Congress was read the second time. And on motion, by Mr. BRADLEY, to fill the blanks with the words "third" and "May;" so that the meeting be on the third Monday of May next, it was determined in the negative-yeas 10, nays 17, as follows:

YEAS-Messrs. Bradley, Condit, German, Gregg, Lambert, Leib, Reed, Robinson, Tait, and Whiteside.

NAYS-Messrs. Bayard, Campbell, Clay, Franklin, Gaillard, Gilman, Goodrich, Horsey, Lloyd, Mathewson, Pickering, Pope, Smith of Maryland, Smith of New York, Taylor, Turner, and Worthington.

On motion, by Mr. TURNER, the further consideration of the bill was postponed to the first Monday in December next.

The credentials of JENKIN WHITESIDE, appointed a Senator by the Legislature of the State of Tennessee, for the term of six years, commencing on the fifth day of this month, were read, and ordered to lie on file.

Mr. CAMPBELL gave notice that to-morrow he should ask leave to bring in a bill for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Minns, and Joseph Wilson, in the Mississippi Territory.

The following motion, by Mr. PICKERING, Was

The Message and report were read, and refer-submitted for consideration: red to a select committee, to consider and report

Resolved, That the injunction of secrecy on the

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