papers communicated confidentially to the Senate in the years 1803 and 1805, relative to Louisiana and West Florida, or any part thereof, so far as such papers respect the title or claim of the United States to those Territories, be, and is hereby, taken off. COMMERCIAL INTERCOURSE. The 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;" was resumed as in Committee of the Whole. On motion, by Mr. LLOYD, to amend the bill, by adding, at the end of the first section, the following words: "Nor shall any merchandise be liable to forfeiture which may be imported into the United States from any port of Great Britain or her dependencies, on or before the first day of May next ensuing; which merchandise shall be conclusively proved, to the satisfaction of the Secretary of the Treasury, to have been actually purchased by, and exclusively to belong to, a citizen or citizens of the United States, prior to the 2d of February last:" It was determined in the negative-yeas 7, nays 19, as follows: YEAS-Messrs. Bayard, Bradley, Goodrich, Horsey, Lloyd, Pickering, and Reed. NAYS-Messrs. Campbell, Clay, Condit, Cutts, Franklin, Gaillard, German, Gilman, Gregg, Lambert, Leib, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, and Worthington. On motion, by Mr. PICKERING, to strike out of section two, line five, the following words: "And such proclamation shall be admitted as evidence, and no other evidence shall be admitted of such revocation or modification, in any suit or prosecution which may be instituted under the fourth section of the act to which this act is a supplement:" It was determined in the negative-yeas 7, Days 21, as follows: YEAS-Messrs. Bayard, Bradley, Goodrich, Horsey, Lloyd, Pickering, and Reed. NAYS-Messrs. Brent, Campbell, Clay, Condit, Cutts, Franklin, Gaillard, German, Gilman, Gregg, Lambert, Leib, Mathewson, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, and Worthington. On motion, by Mr. LLOYD, to add to the end of the bill, the following words: "Nor the proceeds of shipments wholly owned by a citizen or citizens of the United States, which shipments had been made to the British possessions in the West Indies, prior to the second of February last, and the proceeds whereof may be imported into the United States on or before the first of May next ensuing." It was determined in the negative-yeas 8, nays, 20, as follows: YEAS-Messrs. Bayard, Bradley, Goodrich, Horsey, Lloyd, Pickering, Reed, and Turner. NAYS-Messrs. Campbell, Clay, Condit, Cutts, Franklin, Gaillard, German, Gilman, Gregg, Lambert, Leib, Mathewson, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Whiteside, and Worthington. On motion, by Mr. BAYARD, that the further consideration of the bill be postponed until to SENATE. morrow, it was determined in the negative—yeas 9, nays 19, as follows: YEAS-Messrs. Bayard, Bradley, German, Goodrich, Horsey, Leib, Lloyd, Pickering, and Reed. NAYS-Messrs. Brent, Campbell, Clay, Condit, Cutts, Franklin, Gaillard, Gilman, Lambert, Mathewson, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Whiteside, and Worthington. On the question, Shall this bill be read a third time? it was determined in the affirmativeyeas 20, nays 6, as follows: YEAS-Messrs. Brent, Campbell, Clay, Condit, Cutts, Franklin, Gaillard, German, Gilman, Lambert, Mathewson, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Whiteside, and Worthington. NAYS-Messrs. Bayard, Bradley, Goodrich, Horsey, Lloyd, and Pickering. The Senate then adjourned to six o'clock this evening. FRIDAY EVENING, 6 o'clock. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing a loan of money for a sum not exceeding five millions of dollars;" a bill, entitled "An act authorizing the issuing of debentures in certain cases;" a bill, entitled "An act for the relief of John Macnamara ;" a bill, entitled "An act to annex a part of the State of New Jersey to the collection district of New York; to remove the office of collector of Niagara to Lewiston, to make Cape St. Vincent, in the district of Sackett's Harbor a port of delivery, and out of the districts of Miami and Mississippi to make two new districts, to be called the districts of Sandusky and Teche, and for other purposes;" a bill, entitled "An act declaring the consent of Congress to an act of the State of Georgia, passed the twelfth of December, one the fees of the harbor master and health officer thousand eight hundred and four, 'establishing the bill, entitled "An act to extend the time for of the ports of Savannah and St. Mary's;" and completing the third census or enumeration of the inhabitants of the United States;" in which bills they desire the concurrence of the Senate. The bill last brought up for concurrence was read, and passed to the second reading. The bill, entitled "An act authorizing a loan of a sum of money not exceeding five millions of dollars," was read the second time by unanimous consent, and referred to a select committee to consider and report thereon; and Messrs. LLOYD, FRANKLIN, and SMITH of Maryland, were appointed the committee. The bill, entitled "An act to extend the time for completing the third census or enumeration of the inhabitants of the United States," was read the second time by unanimous consent, and, on motion by Mr. WORTHINGTON, the bill was read the third time by unanimous consent, and passed. The bill, entitled "An act declaring the consent of Congress to an act of the State of Georgia, passed the 12th of December, one thousand SENATE. Commercial Intercourse. MARCH, 1811. lions of dollars," together with the amendment reported thereto by the select committee; and the amendment having been agreed to, the President reported the bill to the House accordingly. eight hundred and four, establishing the fees of harbor master and health officer of the ports of Savannah and St. Mary's," was read the second time by unanimous consent, and referred to a select committee to consider and report thereon; and Messrs. TAIT, LLOYD, and SMITH of Mary-time as amended? it was determined in the affirmland, were appointed the committee. On the question, Shall this bill be read a third ative. The bill was then read the third time as amended, by unanimous consent, and passed. The bill, entitled an act to annex a part of the State of New Jersey to the collection district of Mr. TAYLOR from the committee to whom New York; to remove the office of collector of was referred the bill, entitled "An act for the reNiagara to Lewiston; to make Cape St. Vincent, lief of John Macnamara," reported it with an in the district of Sackett's Harbor, a port of de- amendment, which was considered as in Comlivery; and out of the districts of Miami and mittee of the Whole; and, having agreed to the Mississippi to make two new districts, to be call-amendment, the President reported the bill to the ed the districts of Sandusky and Teche, and for House accordingly. other purposes," was read the second time by On the question, Shall this bill be read the unanimous consent, and referred to a select com-third time as amended? it was determined in the mittee, to consider and report thereon; and affirmative. The bill was then read the third Messrs. GERMAN, CONDIT, and BRADLEY, were time as amended, by unanimous consent, and appointed the committee. passed. Mr. LLOYD, from the committee to whom was The Senate resumed the motion made yesterreferred the bill, entitled "An act authorizing a day by Mr. PICKERING, that the injunction of loan of money for a sum not exceeding five mil-secrecy on certain papers, communicated confilions of dollars," reported the bill amended. dentially to the Senate, be taken off; and, on motion by Mr. BAYARD, The bill, entitled "An act for the relief of John Macnamara," was referred to a select committee to consider and report thereon; and Messrs. TAYLOR, BRADLEY, and TURNER, were appointed the committee. SATURDAY, March 2. The bill, entitled "An act authorizing the issuing of debentures in certain cases," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. BRADLEY, LEIB, and SMITH, of Maryland, were appointed the committee. Resolved, That the injunction of secrecy be taken off in relation to the vote of the Senate this day, on the resolution of the first March, offered by Mr. PICKERING. On the question to agree to the original motion, it was determined in the negative-yeas 8, nays 14, as follows: YEAS-Messrs. Bayard, Goodrich, Lloyd, Pickering, Reed, Smith of New York, Taylor, and Turner. NAYS-Messrs. Anderson, Condit, Cutts, Franklin, Gaillard, Gregg, Lambert, Leib, Pope, Robinson, Smith of Maryland, Tait, Whiteside, and Worthington. COMMERCIAL INTERCOURSE. The 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," was read the third time. Mr. GERMAN, from the committee to whom was referred the bill, entitled "An act to annex a part of the State of New Jersey to the collection district of New York; to remove the office of collector of Niagara to Lewiston; to make Cape St. Vincent, in the district of Sackett's Harbor, a port of delivery; and out of the districts of Miami and Mississippi, to make two new districts, to be On motion, by Mr. BRADLEY, that the bill be called the districts of Sandusky and Teche, and referred to a select committee, for the purpose of for other purposes;" reported it without amend-inserting the following section after the second ment. On motion, by Mr. SMITH, of Maryland, the bill was read the third time by unanimous consent, and passed. Mr. TAIT, from the committee to whom was referred the bill, entitled "An act declaring the consent of Congress to an act of the State of Georgia, passed the twelfth of December, one thousand eight hundred and four, establishing the fees of the harbor master and health officer of the ports of Savannah and St. Mary's,'" reported it without amendment. On motion, by Mr. SMITH, of Maryland, the bill was read the third time, by unanimous consent, and passed. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act authorizing a loan of money for a sum not exceeding five mil section: "And be it further enacted, That, in the event of the decrees of France have not been so revoked or its appearing to the President of the United States that modified as to cease to violate the neutral commerce of the United States from and after the second day of February, one thousand eight hundred and eleven, the President of the United States shall declare the fact by proclamation, and the said proclamation shall be conclusive evidence of the fact; and thereupon the operation of this act, and also of such parts of the act to which this act is a supplement, as were put into operation by the President's proclamation of the second of November last, shall cease and determine." It was determined in the negative-yeas 9, nays 20, as follows: YEAS-Messrs. Anderson, Bayard, Bradley, Dana, MARCH, 1811. Bank of the United States.-General Wilkinson. SENATE. Franklin, Gaillard, German, Gilman, Gregg, Lambert, the United States, would be filled by paper issuing On the question, Shall this bill pass? it was determined in the affirmative-yeas 20, nays 7, as follows: YEAS-Messrs. Anderson, Brent, Campbell, Clay, Condit, Franklin, Gaillard, Gilman, Gregg, Lambert, Matthewson, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Whiteside, and Worthington. NATS-Messrs. Bayard, Bradley, Dana, Goodrich, Horsey, Lloyd, and Pickering. So it was Resolved, That this bill pass. BANK OF THE UNITED STATES. Mr. CLAY, from the committee to whom was referred, on the 25th February, the memorial of the stockholders of the Bank of the United States, praying that an act of Congress might be passed to continue the corporate powers of the bank for a further period, to enable it to settle such of its concerns as may be depending on the 3d of March, 1811, made the following report: from other banks. This operation is now actually Your committee beg leave to present the following resolution: Resolved, That the prayer of the memorialists ought not to be granted. The report was ordered to lie on the table. CLAIM OF GENERAL WILKINSON. Mr. BRADLEY, from the committee to whom was referred the memorial of General James Wilkinson, praying to be remunerated for moneys disbursed in the service of the United States, nade the following report: That the said Wilkinson has exhibited to them claims against the United States, to the amount of eleven thousand eight hundred dollars and ninety-six cents. It appears to your committee, from the documents and proofs produced by the petitioner to explain and support his claim against the public, that, of the above sum, $6,719 73 are claimed for his disburse racy; $2,560 paid for a tract of land for the public service, now occupied by the troops on the Missouri river, near its mouth; $450, the amount of his passage from Baltimore to Charleston, when ordered on extra duty by the President; and $2,131 23, for losses of property sustained by his sudden transfer from St. Louis, where he was exercising the functions of a civil magistrate, to the Sabine, for the purpose of directing the arms of the nation against an invading force of the Spaniards. That your committee have duly weighed the contents of the memorial, and deliberately attended to such explanations of the views of the memorialists as they have thought proper to present through their agents. That, holding the opinion (as a majority of the committee do) that the Constitution did not authorize Congress originally to grant the charter, it follows, as a necessary consequence of that opinion, that an exten-ments and expenses incurred pending Burr's conspision of it, even under the restrictions contemplated by the stockholders, is equally repugnant to the Constitution. But, if it were possible to surmount this fundamental objection, and if that rule which forbids, during the same session of the Senate, the re-agitation of a proposition once decided, were disregarded, your committee would still be at a loss to find any sufficient reasons for prolonging the political existence of the corporation for the purpose of winding up its affairs. For, as it respects the body itself, it is believed that the existing laws, through the instrumentality of a trust properly constituted, afford as ample means as a qualified continuance of the charter would, for the liquidation of its accounts, and the collection and final distribution of its funds. But should any inconvenience be experienced on this subject, the committee are persuaded it will be very partial, and such as the State authorities, upon proper application, would not fail to provide a competent remedy for. And, in relation to the community, if the corporation, stripped of its banking powers, were to fulfil bona fide the duty of closing its affairs, your committee cannot see that any material advantage would be derived. Whilst, on the contrary, if it should not so act, but should avail itself of the temporary prolongation, in order to effect a more durable extension of its charter, it might in its operations become a serious scourge. Your committee are happy to say that they learn, from a satisfactory source, that the apprehensions which were indulged, as to the distress resulting from a nonrenewal of the charter, are far from being realized in Philadelphia, to which their information has been confined. It was long since obvious that the vacuum, in the circulation of the country, which was to be produced by the withdrawal of the paper of the Bank of Your committee have no hesitancy in saying that many of the charges appear to be legal and founded in justice, and may furnish a proper set off against the balance opposed to him by the War Department, and that the residue are entitled to equitable consideration; but, from the shortness of the time, and the pressure of business before the expiration of the session, your committee cannot find leisure to form that deliberate and clear judgment on the merits of the several items which justice to the petitioner and to the public require; they, therefore, beg leave to offer the following resolution: Resolved, That the further consideration of the petition of General James Wilkinson, together with the accompanying documents, be postponed to the next meeting of Congress. Extract of a letter from General Wilkinson to the chairman of the committee of the Senate. WASHINGTON, March 1, 1811. SIR; I have now the honor to present to the honorable committee the claim which I set up against the United States, sustained by an account current, duly vouched and explained; and I could conscientiously add to this amount the following sums: In consequence of a peremptory order to repair to Richmond, for the purpose of attending Burr's trial, I was obliged to send the preceding property to the vendue-master, where it was knocked off for what it would bring. But the clamor raised against me for saving the nation from a civil war, and upholding the existing Administration in office, by the most meritorious actions of my life, has been such that I have been heretofore restrained from asking for justice, much less seeking for liberality; and now, nothing but the penury incurred in the public service, and my desire to vindicate my character against the official calumnies of my enemies, could induce me to make the present application. It is possible the item charged against D. W. Ellicott may have been adjusted by the military agent; but finding the voucher among my papers, I have in cluded it. Should a question be made why this application should have been so long postponed, my answer would be, that, amidst the whirlwind of passion and prejudice excited against me, I do verily believe, had I asked for bread, I should have been offered a stone. The committee will perceive, from the confidential tenor of the documents relative to Colonel 's visit to the city of Mexico, that they should not be exposed, and therefore I hope they may be returned to me. It will be observed, that he tendered a free gift of his toils, hazards, and expenses in the public service; but, believing that the acceptance would be unworthy the nation, and that the proposition sprung out of a sense of delicacy, opposed to the idea that it should be said that he had received money for doing that which might be called the duty of a spy, I insisted on his taking the bare expenses; and it was on the same ground of jealousy that he refused to give a receipt. With great respect, &c. JAMES WILKINSON. Hon. STEPHEN R. BRADLEY. Remarks explanatory of the annexed account. The money paid Job Ruth was for the purpose expressed, pending Burr's conspiracy; the distance being six hundred miles. The amount paid D. W. Ellicott was for the transport of public property from Fort Adams to New Orleans, to get it out of the way of the conspirators. When Bollman was seized, he complained that he was without a cent; and to prove that the Government, while it protected itself, could not deal hardly with him, I advanced this sum by the hands of Lieut. William Wilson, now Captain Wilson, and stationed at Norfolk. The money paid Ezra Haws needs no explanation. The money paid Reibelt was for his services, and that of half a dozen others employed by him, to visit the taverns and suspected places in the city, to see and report what was passing. The money paid Girard was for services past and prospective; he had been Colonel Burling's interpret The payment to Pain was for transport of a part of these witnesses. The payment for Colonel Burling is explained by the confidential documents submitted to the commit tee. The charge for extraordinary expenses is explained by the oath of Captain Hughes. The charge for money lost on the purchase of lands is deemed a fit subject for legislative bounty, because my absence on a distant and important service to the country caused the misfortune; and the public has received from another person the legal price of the land. The charge for land, purchased on the Missouri, will be explained by an application to the War Department, where a deed for the land has been lodged. The amount of sundries deducted from Simmons's account may be thus explained: The New Orleans boat, in which the General embarked, was loaded with shot and shells for St. Louis, and not New Orleans, in the year 1805, and not the year 1806, and descended as far as Massac, where the load was shifted into barges to ascend the Mississippi. The paint and awning charged for said boat is absurd; as neither the one nor the other will apply in any way to such flats. The transport for camp equipage, baggage, and stores, was charged, because it is according to usage immemorial in the American, and all other armies; and can be considered no emolument, because these articles include books, papers, tents, marquees, and provisions, the transport of which belongs to the quartermaster's department, and cannot be attended to, or provided for, by a general officer. DR. The United States to Gen. James Wilkinson. For sundry disbursements incurred pending Burr's conspiracy, and subsequent to that period, either unprovided for by law, rejected by the accounting officer, or improperly charged by him: 1806, Nov. 14, To cash paid Job Ruth, for sending a despatch to Governor Claiborne, (V. No. 1,) $50 00 Nov. 18, To cash paid for the transport of public property to New Orleans, to D. W.Elliott, (V.No. 2,) Dec. 15, To cash advanced to Erick Bollman, by the hands of Lieutenant William Wilson, when seized and sent from New Orleans to the United States, (V. No. 3,) 1807, Jan. 16, To cash paid Ezra Haws for the transport of prisoners and guard from New Orleans to Baltimore, (V. No. 4,) May 18, To cash paid M. R. Reibelt, for secret service $200 00 To cash paid M. Girard, for se cret service, as per A. D. Abraham's receipt, (V. No. 5,) and the note of William Simmons, per his printed account reported by the committee of Congress, February 22, 1809 231 00 200 00 550 00 150 00 350 00 June 10, To cash paid for an express sent To so much paid for the actual expenses To so much lost on purchase of land from To interest on $1,324 90, from the day of To the amount of sundry articles improperly charged to my account by William Simmons, accountant of the War Department, (V. No. 8,) To the amount for passage from Baltimore to Charleston, February, 1809, when engaged on a public mission, under the orders of the President of the United States, to the Captain General of the Havana (Errors excepted :) SENATE. The report and accompanying documents were ordered to lie on the table. The Senate adjourned to 6 o'clock this even 30 00 ing. SATURDAY EVENING, 6 o'clock. A message from the House of Representatives 80 00 informed the Senate that the bill, which had passed the two Houses of Congress at the present session, entitled "An act for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist Church at Salem Meeting-house, in the Mississippi Territory," and presented to the President of the United States for his approbation, has been returned by the President of the United States with the following objections: 1,750 00 "Because the bill, in reserving a certain parcel of land of the United States, for the use of the said Bap1,900 00 tist Church, comprises a principle and precedent for the appropriation of funds of the United States, for the use and support of religious societies, contrary to the article of the Constitution which declares that Congress shall make no law respecting a religious establishment." 3,224,90 And the House of Representatives, in which House the bill originated, have taken the question in the Constitutional way, and have Resolved, That the said bill do not pass. The House of Representatives have passed a bill, entitled "An act concerning invalid pensioners;" a bill, entitled "An act making further ap propriations to complete the fortifications commenced for the security of the ports and harbors of the United States;" and the bill, entitled "An 2,500 00 act for allowing a reasonable compensation to the persons who have taken an account of the several manufacturing establishments and manufactures within the United States; in which bills 1,578 73 they desire the concurrence of the Senate. 450 00 $11,809 96 JAS. WILKINSON. The charges of four hundred dollars should be credited by services rendered under the orders of the Secretary of War, as I performed the translations. The articles under the head of the quartermaster's department are iniquitously charged, and in the face of the advice of the military agent, (see documents A, B, and C ;) from which it would appear how anxiously Mr. Simmons searched for this charge; making it even a condition for the settlement of an account of many thousands of dollars. It will strike any one, that it was impossible the private horses of a single officer could have consumed such a quantity of forage, or that his fire would have required so much wood. The fact is this: a guard of fifty men helped to consume this fuel, and the horses of goers and comers, and a detachment of militia dragoons, were found out of the forage. JAS. WILKINSON. The three bills last mentioned were read, and passed to the second reading. Mr. CAMPBELL asked and obtained leave to bring in a bill for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, and Joseph Wilson; and, on motion, by Mr. SMITH, of Maryland, the bill was read the first and second time by unanimous consent. On the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. The bill was then read the third time by unanimous consent, and passed. The bill, entitled "An act concerning invalid pensioners," was read the second time by unanof the Whole; and the bill having been amended, imous consent, and considered as in Committee 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 bill entitled, "An act making appropria tions to complete the fortifications commenced for the security of the ports and harbors of the United States," was read the second and third times by unanimous consent, and passed. The bill, entitled "An act for allowing a reasonable compensation to the persons who have |