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MONDAY, December 2, 1805.

This being the day appointed by the constitution for the annual meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:

From New Hampshire-Silas Betton, Caleb Ellis, David Hough, Samuel Tenney, and Thomas W. Thompson.

From Vermont-Martin Chittenden, James Elliot, James Fisk, and Gideon Olin.

From New York-John Blake, jr., Silas Halsey, Josiah Masters, Gurdon S. Mumford, John Russell, Peter Sailly, Thomas Sammons, Martin G. Schuneman, David Thomas, Uri Tracy, Killian K. Van Rensselaer, and Nathan Williams.

From New Jersey-Ezra Darby, Ebenezer Elmer, John Lambert, James Sloan, and Henry Southard.

From Pennsylvania-Isaac Anderson, David Bard, Robert Brown, Joseph Clay, Frederick Conrad, William Findlay, Andrew Gregg, Michael Leib, John Pugh, John Rea, Jacob Richards, John Smilie, Samuel Smith, John Whitehill, and Robert Whitehill. From Maryland-John Campbell, Leonard CovWilliam McCreery, Nicholas R. Moore, and Joseph H. Nicholson.

From Massachusetts-Joseph Barker, Barnabas Bidwell, Phanuel Bishop, John Chandler, Orchard Cook, Jacob Crowninshield, Richard Cutts, William Ely, Isaiah L. Green, Jeremiah Nelson, Josiah Quincy, Ebenezer Seaver, Samuel Taggart, Joseph B. Var-ington, Charles Goldsborough, Patrick Magruder, num, and Peleg Wadsworth.

From Rhode Island-Nehemiah Knight and Joseph Stanton.

From Connecticut-Samuel W. Dana, John Davenport, jr., Jonathan O. Mosley, John Cotton Smith, Lewis B. Sturges, and Benjamin Tallmadge.

LIST OF REPRESENTATIVES.

New Hampshire.-Silas Betton, Caleb Ellis, David Hough, Samuel Tenney, and Thomas W. Thompson.

Massachusetts.-Joseph Barker, Barnabas Bidwell, Phanuel Bishop, John Chandler, Orchard Cook, Jacob Crowninshield, Richard Cutts, William Ely, Isaiah L. Green, Seth Hastings, Jeremiah Nelson, Josiah Quincy, Ebenezer Seaver, William Stedman, Samuel Taggart, Joseph B. Varnum, and Peleg Wadsworth.

From Virginia-Burwell Bassett, John Claiborne, John Clopton, John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn, David Holmes, John G. Jackson, Joseph Lewis, jun., John Morrow,

Delaware.-James M. Broom.

Maryland.-John Archer, John Campbell, Leonard Covington, Charles Goldsborough, Patrick Magruder, Roger Nelson, William McCreery, Nicholas R. Moore, and Joseph B. Nicholson.

Virginia.-Burwell Basset, Matthew Clay, John Claiborne, John Clopton, Christopher Clark, John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, David Holmes, John G. Jackson, Walter Jones, Joseph Lewis, Jr., John Morrow, Thomas Newton, jr., John Randolph, Thomas Mann Randolph, John Smith, Philip R. Thompson, Abram Trigg, and Alexander Wilson. Kentucky.-Geo. Michael Bedinger, John Fowler, Thos.

Rhode Island.-Nehemiah Knight, and Joseph Stanton.
Connecticut.-Samuel W. Dana, John Davenport, jr.,
Jonathan O. Mosely, Timothy Pitkin, jr., John Cotton
Smith, Lewis B. Sturges, and Benjamin Tallmadge.
Vermont-Martin Chittenden, James Elliot, James Fisk, Sanford, John Boyle, Matthew Lyon, and Matthew Walton.
and Gideon Olin.

New York.-John Blake, jr., Philip Van Cortlandt, George Clinton, Silas Halsey, Josiah Masters, Henry W. Livingston, Gurdon S. Mumford, John Russell, Peter Sailly, Thomas Sammons, Martin G. Schuneman, David Thomas, Uri Tracy, Killian K. Van Rensseler, Nathan Williams, Eliphalet Wickes, and Daniel C. Verplanck.

New Jersey.-Ezra Darby, Ebenezer Elmer, John Lambert, James Sloan, Henry Southard, and William Helms. Pennsylvania.-Isaac Anderson, David Bard, Robt. Brown, Joseph Clay, Frederick Conrad, Wm. Findlay, Andrew Gregg, James Kelly, Michael Leib, John Pugh, John Hamilton, John Rea, Jacob Richards, John Smilie, Samuel Smith, John Whitehill, and Robert Whitehill.

North Carolina.-Nathaniel Alexander, Willis Alston, jr., William Blackledge, Thomas Blount, Evans Alexander, James Holland, Thomas Keenan, Nathaniel Macon, Duncan MacFarland, Richard Stanford, Marmaduke Williams, Joseph Winston, and Thomas Wynns.

Tennessee.-Wm. Dickson, John Rhea, G. W. Campbell. South Carolina.-Levi Casey, William Butler, Elias Earle, Thomas Moore, Robert Marion, David R. Williams, O'Brien Smith, and Richard Wynn.

Georgia.-Peter Early, Joseph Bryan, Cowles Mead, and David Meriwether.

Ohio.-Jeremiah Morrow.

Mississippi Territory.-Delegate: William Lattimore. Indiana Territory.-Delegate: Benjamin Parke.

H. OF R.]

Proceedings.

[DECEMBER, 1805.

Thomas Newton, jr., John Randolph, Thomas M. | part, jointly with such committee as may be
Randolph, John Smith, Philip R. Thompson, and
Alexander Wilson.

From Kentucky-George Michael Bedinger, and

Thomas Sanford.

From North Carolina-Willis Alston, jun., Thomas Blunt, James Holland, Thomas Keenan, Nathaniel Macon, Richard Stanford, Marmaduke Williams, Joseph Winston, and Thomas Wynns.

From Tennessee-William Dickson, and John Rhea. From South Carolina-Levi Casey, Elias Earle,

Thomas Moore, and David R. Williams.

From Georgia-Peter Early, Cowles Mead, and David Meriwether.

From Ohio-Jeremiah Morrow.

Delegate from the Mississippi Territory-William Lattimore.

And a quorum, consisting of a majority of the whole number, being present, the House proceeded, by ballot, to the choice of a Speaker; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of NATHANIEL MACON, one of the Representatives for the State of North Carolina: whereupon Mr. MACON was conducted to the Chair, from whence he made his acknowledgments to the House as follows:

"Gentlemen: Accept my sincere thanks for the honor you have conferred on me. Permit me to assure you, that my utmost endeavors will be exerted to discharge the duties of the Chair with fidelity, impartiality, and industry; and that I shall rely with confidence on the liberal and candid support of

the House."

The House proceeded in the same manner to the appointment of a Clerk; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOHN BECK

LEY.

The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. NICHOLSON, one of the Representatives for the State of Maryland, to the Speaker; and then the same oath of affirination was administered by Mr. SPEAKER to all the members present.

appointed on the part of this House, 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 that he may be pleased to make to them.

CAMPBELL of Maryland, and Mr. CROWNINResolved, That Mr. JOHN RANDOLPH, Mr. SHIELD, be appointed a committee on the part of this House, jointly, with the cominittee 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 that he may be pleased to make to them.

The House then proceeded, by ballot, to the appointment of a Sergeant-at-Arms to this House; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOSEPH WHEATON.

Resolved, That THOMAS CLAXTON be appointed Doorkeeper, and THOMAS DUNN Assistant Doorkeeper of this House.

Resolved, That the Rules and Orders established by the late House of Representatives, shall be deemed and taken to be the Rules and Orders

of proceeding to be observed in this House, until a revision or alteration of the same shall take place.

Mr. JOHN RANDOLPH, from the joint committee appointed to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, reported that the committee had performed that service; and that the President signified to them that he would make a communication to this House to-morrow, at twelve o'clock, by way of message.

TUESDAY, December 3.

Several other members, to wit: ABRAM TRIGG, from Virginia; GEORGE W. CAMPBELL, from Tennessee; and ROBERT MARION, from South Carolina, appeared, produced their credentials, and took their seats in the House. President's Message.

The same oath, together with the oath of office prescribed by the said recited act, were A Message was received from the PRESIDENT also administered by Mr. SPEAKER to the Clerk. OF THE UNITED STATES, which was read, and reOrdered, That a message be sent to the Sen-ferred to the consideration of a Committee of ate to inform them that a quorum of this House the Whole on the state of the Union. [For this is assembled, and have elected NATHANIEL MA- Message see Senate proceedings of this day's CON, one of the Representatives for North Caro-date, ante, page 346.] lina, their Speaker; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that a quorum of the Senate is assembled and ready to proceed to business; and that, in the absence of the VICE PRESIDENT of the United States, the Senate have elected the Honorable SAMUEL SMITH their President pro tempore: the Senate have resolved that two Chaplains, of different denominations, be appointed to Congress, for the present session, one by each House, who shall interchange weekly. The Senate having appointed a committee on their

WEDNESDAY, December 4.

Two other members, to wit: JoHN ARCHER, from Maryland, and WILLIAM BUTLER, from South Carolina, appeared, produced their credentials, and took their seats in the House.

THURSDAY, December 5.

Another member, to wit: JAMES KELLY, from Pennsylvania, appeared, produced his credentials, and took his seat in the House.

DECEMBER, 1805.]

FRIDAY, December 6.

Army Rules, &c.

Proceedings.

Mr. VARNUM said it would be recollected that the rules and regulations for the government of the Army had never been revised since the era of the present Government; and that consequently the rules and regulations established during the Revolutionary war still continued in force, though our circumstances had materially changed. From the present aspect of affairs, he thought it became necessary that a revision should take place, that they might be adapted to the provisions under the present Government. An attempt to this effect had been made during the two last sessions; and in this House a bill had passed, which had been rejected in the Senate. He was of the opinion that it became the House, by again attending to the subject, to do their duty; and if neglect should attach any where, it should be at the proper door. He, therefore, moved the following resolution:

Resolved, That a committee be appointed to prepare rules and regulations for the government of the Army of the United States, and that they have leave to report by bill or otherwise.

Executive Documents.

[H. OF R.

A Message was delivered from the PRESIDENT OF THE UNITED STATES, by Mr. Coles, his Secretary, as follows:

"Mr. Speaker: I am directed by the President of the United States to deliver you a Message in writing."

The SPEAKER having received and opened a packet of considerable size, observed that the Message was confidential, and thereupon ordered the galleries to be cleared.

In about one hour and a half, the doors were opened, when it appeared that part of the communications made by the President were confidential, and that the members of the House remained under an injunction of secrecy with regard to them; and that another part was not confidential. This part embraces, among others, the following documents:

1. A letter from Governor Claiborne to the Secre

tary of State, dated October 24, 1805, in which, after stating the preparations making by the Spaniards at Pensacola and other places, he says: "I flatter myself that hostilities between the United States and Spain may be avoided, and that an honorable adjustment of our differences may ensue. But I am inclined to think that the Spanish agents calculate on a speedy

Agreed to, and a committee of seven mem- rupture, and are making all the preparations that bers appointed.

Yazoo Claims.

Mr. GREGG said he wished to submit to the House a resolution on a subject of considerable importance, which had engaged the House at several of its previous sessions, and which was generally known by the name of the Yazoo claims. The discussions on this subject had occupied much time, and had excited greater irritation than any other subject within these walls. He supposed there was no probability that the subject would be permitted, by the claimants, to sleep, while the act appropriating five millions was permitted to remain in force. His object was, to repeal that act. By this step the claimants would not be placed in a worse situation, as the courts of justice would be open to them. Mr. G. said he did not expect the House immediately to act on this resolution, though he was prepared, at once, to go into it. But as it was important, and related to a subject on which the papers were voluminous, he would be satisfied that it should lie for some time on the table, the more especially that new members might become acquainted with it. He then offered the following resolution:

Resolved, That so much of an act, entitled "An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee," as appropriates any portion of the said lands for the purpose of satisfying, quieting, or compensating any claims to the said lands, derived from any act, or pretended act of the State of Georgia, and neither recognized by the articles of agreement and cession between the United States and the State of Georgia, nor embraced by the two first sections of the above-mentioned act, be repealed. Ordered to lie on the table.

their means permit to commence the war in this quarter."

2. Statements respecting the detention of the American gunboats.

3. Correspondence between Governor Claiborne and the Marquis de Casa Calvo, on exempting the Spanish officers from muncipial taxes.

4. Correspondence between Governor Williams, of the Mississippi Territory, and Governor Grandpre, State on outrages committed in the Mississippi Terwith sundry communications to the Secretary of

ritory.

5. Documents to show that the settlement of Bayou Pierre, on the Red River, at which a principal aggression took place, was originally made by France while possessing Louisiana, and came to the possession of Spain only by the general delivery of Louisiana to her, and as a part of it.

6. Extract of a letter from C. Pinckney, dated August 1805, as well as one dated September 22, 1805, respecting Spanish spoliations.

7. Communications from Gov. Claiborne, dated October 24, 1805, respecting obstructions on the Mobile.

ship Huntress to the Secretary of the Navy.

8. Copy of a letter from the commandant of the

MONDAY, December 9.

Several other members, to wit, from Virginia, EDWIN GRAY, and WALTER JONES; from New York, HENRY W. LIVINGSTON and ELIPHALET WICKES; and from Georgia, JOSEPH BRYAN; appeared, produced their credentials, were qualified, and took their seats in the House.

Mr. LEIB presented a petition of the late crew of the frigate Philadelphia, representing that they have been advised that under the maritime regulations of the United States, persons taken by the Barbary Powers are allowed on their re

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House.

[DECEMBER, 1805.

lease a pecuniary compensation for clothing | observing that there was no motion before the received during their captivity, and some small sum for tobacco and other articles, usually called jail-money, for which they have received no compensation; but that these extraordinary expenses have been deducted from their pay, and praying relief.-Referred to the Committee of Claims.

TUESDAY, December 10.

Several other members, to wit, from Kentucky, JOHN BOYLE; from New Jersey, WILLIAM HELMS; from Connecticut, TIMOTHY PITKIN, junior; and from New York, PHILIP VAN CORTLANDT, appeared, produced their credentials, were qualified, and took their seats in the House.

Exportation of Arms, &c.

After a few remarks from Mr. NICHOLSON and Mr. GREGG, on the details of the bill, it was ordered, on the motion of the former, to be recommitted to the committee who introduced it, for amendment.

WEDNESDAY, December 11.

Another member, to wit, DANIEL C. Verhis credentials, and took his seat in the House. PLANOK, from New York, appeared, produced

Sword to General Eaton.

Mr. BIDWELL said that, in the late war between the United States and Tripoli, distinguished services had been rendered by Mr. Eaton, which had contributed to the peace lately made with that power. Intimation of this fact was not only derived from its public notoriety, but

He thought these services worthy the notice of Congress. He therefore submitted the following resolution:

The House took into consideration the amend-likewise from the President of the United States. ments of the Committee of the Whole to the bill prohibiting, for a limited time, the exportation of arms and ammunition from the United States; in all of which they concurred.

Mr. Cook moved to substitute "five hundred dollars" in the room of "one hundred;" the sum for exporting prohibited articles beyond which is followed by the forfeiture of the vessel-under the impression that the provision was too rigor

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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 requested to present a sword, in the name of Congress, to William Eaton, Esq., as a testimony of the high sense entertained of his gallantry and good conduct in leading a small band of our countrymen, and others, through the desert of Libya, on an expedition against Tripoli, in conjunction with the ex-Bashaw of that Regency; defeating the Tripolitan army at Derne, with the assistance of a small part of the naval force of the United States, and contributing thereby to a successful termination of the war, and the restoration of our captive fellow-citizens to liberty and their

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Mr. J. RANDOLPH observed that, at the first session of the eighth Congress, there had been an appropriation of $3,750,000 for the purpose of paying American claims for spoliations committed by the people of France, which had been assumed in the convention that transferred to the United States the sovereignty of Louisiana; that bills, in satisfaction of these claims, were daily presented for payment at the Treasury; but that, on the 31st of this month, the appropriation would cease, when the sum remaining unexpended would be carried to the credit of the surplus fund. The Committee of Ways and Means had received a letter, representing the circumstances, from the Secretary of the Treasury, which had induced them to come to a resolution to ask leave to present a bill on the subject.

Mr. GREGG said he understood the bill under consideration was only a report in part. He had no disposition to oppose its passage. He only rose to express his hope that when the committee made a further report, they would lay before the House the information necessary to enable them to act intelligently. It had, from the commencement of the Government, been the practice of the House to call on the Secretary of War to state the amount of military stores on hand, accompanied by his opinion of the further supplies deemed necessary. No such thing had yet been done this session. The House neither knew the quantity of military stores on hand, nor could calculate the effects of the bill. They did not know what was the quantity of sulphur and saltpetre on hand, or Mr. J. RANDOLPH made a report, consisting of whether there was a sufficiency of those impor- a letter from the Secretary of the Treasury, tant raw materials, in case we should be embroil-representing the facts stated by him, and a bill, ed in a warsupplementary to the act making provision

Leave having been granted—

The SPEAKER here interrupted Mr. GREGG by for the payment of claims of citizens of the

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United States, on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic.

The bill provides that the balance of the $3,750,000 remaining unexpended on the 31st of December next, shall not be carried to the surplus fund, but shall continue applicable to the satisfaction of the claims until they shall be satisfied.-Referred to the Committee of the Whole on Monday next.

THURSDAY, December 12.

Another member, to wit, JOHN HAMILTON, from Pennsylvania, appeared, produced his credentials, was qualified, and took his seat in the

House.

BENJAMIN PARKE having also appeared as a Delegate from the Indiana Territory of the United States, the said oath was administered to him by the SPEAKER, and he took his seat in the House accordingly.

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[H. OF R.

amendment offered by the gentleman from Massachusetts, (Mr. BIDWELL,) substituting a gold medal in the room of a sword, appeared to be founded on the idea that a medal would be a meed disproportionate to the importance of the services, or the official rank of the gentlernan who was the object of the resolution; in other words, that it would be too great a reward. I did not, said Mr. E., anticipate the objection from any quarter of the House, and regret extremely that it has arisen. From the peculiar character with which the gentleman who is intended to be honored by the resolution, was invested by the Government, it becomes a point of no small delicacy, and even of some difficulty, to debate the question at all. We are, indeed, told in the President's Message, that the important services of our gallant countryman undoubtedly contributed to the impression which produced peace with Tripoli. It was proper for the President to say this, and to say no more; but, in order to enable us to pay a proper tribute on our part to merit so conspicuous, it becomes necessary to avail ourselves of information derived from unofficial sources. In every thing which we can do upon this subject, we are anticipated by the loud voice of fame, and doubt the propriety of doing any thing whatthis consideration has induced me sometimes to policy, and even duty, in free governments, to It has, however, always been deemed distinguish by national honors those citizens who have performed important national services. It is perfectly understood that our brave countryman commanded, in conjunction with the ex-Bashaw of Tripoli, a force sufficiently respectable to be considered as an army, and of course that the popular appellation of General Eaton had been conferred upon good grounds. In that strong point of view in which the subject will be seen by liberal minds, inadequacy of force and means, compared with the greatness of the object and the event, will give greater honor to the achieving of the enterprise. If we act at all, we ought to bestow a mark of Mr. BIDWELL moved to amend the resolution distinction suitable for a general officer, or an by striking out the word "sword," and by in-officer of distinguished rank, to accept. Shall serting in lieu thereof the words, a medal of gold, with proper devices."

General Eaton.

On the motion of Mr. BIDWELL, the House resolved itself into a Committee of the Whole on the resolution offered yesterday, relative to

William Eaton.

The Chairman read the resolution as follows: "Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be requested to present a sword, in the name of Congress, to William Eaton, Esq., as a testimony of the high sense entertained of his gallantry and good conduct in leading a small band of our countrymen and others through the desert of Libya, on an expedition against Tripoli, in conjunction with the exBashaw of that Regency; defeating the Tripolitan army at Derne, with the assistance of a small part of the naval force of the United States, and contributing thereby to a successful termination of the war, and the restoration of our captive fellow-citizens to liberty and their country."

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Mr. J. CLAY wished the gentleman from Massachusetts would let the word "sword" stand in the resolution. It was only on extraordinary occasions, he believed, that a medal was awarded. He was very willing to vote for presenting a sword on this occasion; but, if a medal was insisted upon, he should be compelled to vote against the resolution.

Mr. ELLIOT requested that the resolution passed at the last session, relative to Commodore Preble, and the officers and marines under his command, might be read.

The resolution was accordingly read, which ordered a medal to be struck, and a sword to be given to each of the officers.

ever.

we refuse a medal, the appropriate reward of the brave Preble, and offer a sword, which was given to the subordinate naval officers, when the services of Preble, however meritorious, and greatly meritorious they were, failed of effecting the object which the world believes that Eaton has accomplished? By the modern notions of martial etiquette and honor, a sword is the appropriate token of distinction and reward for officers of subordinate rank. It is believed that a simple and concise vote of thanks, by the Representatives of a free people, is the noblest meed of exalted merit and patriotism.

An army, composed in part of Americans, but chiefly of the descendants of the ancient Grecians, Egyptians and Arabians; in other words, an army collected from the four quarters of the Mr. E. said, that the objection of the gentle-globe, and led by an American commander to man from Pennsylvania (Mr. J. CLAY) to the conquest and glory, is a phenomenon in military

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