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PROCEEDINGS AND DEBATES

OP

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE TWELFTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, MONDAY, NOVEMBER 4, 1811.

Monday November 4, 1811.

tials, which were read, and the oath prescribed The first session of the Twelfth Congress com-| by law was administered to them, and they took menced this day at the City of Washington, con- | their seats in the Senate. formably to the proclamation of the President of The oath was also administered to Messrs. Conthe United States, of the 24th of July last, and DIT, CRAWFORD, GILES, GILMAN, and TAYLOR, the Senate assembled in their Chamber.

their credentials having been read and filed dur

ing the last session. PRESENT: GEORGE Clinton, Vice President of the United

Ordered, That the Secretary acquaint the House States and President of the Senate.

of Representatives that a quorum of the Senate NICHOLAS GILMAN and CHARLES Cutts, from

med is assembled and ready to proceed to business. New Hampshire.

3:Resolved, That.each Senator be supplied, dur

my the present session, with three such newspaCHAUNCEY GOODRICA and SAMUEL W. Dana, from Connecticut.

pers printed in aby of the States as he may choose,

provided that the same be furnished at the usual STEPHEN R. BRADLEY, from Vermont. John Smith and OBEDIAH GERMAN, from New

rate for the annual charge of such papers; and

provided, misa;.thår if any Senator shall choose York. John Condit and John LAMBERT, from New

toitzake any bewspapers other than daily papers,

| he shall be supplied with as many such papers as Jersey. ANDREW GReog and MICHAEL LEIB, from Penn- shall not exceed the price of three daily papers.

On motion of Mr. GREGG, sylvania. OUTERBRIDGE HORSEY, from Delaware.

Resolved, That the Senate will, to-morrow, at SAMUEL SMITH and Philip Reed, from Mary

twelve o'clock, proceed to a choice of a Doorland.

keeper, who shall also discharge the duty of SerWilliam B. Giles, from Virginia.

geant-at-Arms. Jesse FRANKLIN, from North Carolina.

Mr. TAYLOR presented the memorial of Joseph JOHN GAILLARD and John TAYLOR, from South Wheaton, praying remuneration for services renCarolina.

dered the United States in the Revolutionary war, William H. CRAWFORD and Charles Tait, and compensation for losses sustained therein. from Georgia.

A message from the House of Representatives John Pope, from Kentucky.

informed the Senate that a quorum of the House Joseph ANDERSON, from Tennessee.

of Representatives is assembled, and have elected THOMAS WORTHINGTON, from Ohio.

HENRY Clay, Esq., one of the Representatives GEORGE M. BIBB, appointed a Senator by the from the State of Kentucky, their Speaker, and Legislature of the State of Kentucky, for the term are ready to proceed to business. They have apof six years, commencing on the 4th day of March | pointed a committee on their part, jointly with last; GEORGE W. CAMPBELL, appointed a Sen- such committee as may be appointed on the part ator by the Legislature of the State of Tennessee, of the Senate, to wait on the President of the in place of JENKIN WHITESIDE, resigned: Jere: United States, and notify him that a quorum of MIAH B. HOWELL, appointed a Senator, for the the two Houses is assembled and ready to receive term of six years, commencing on the fourth day any communications that he may be pleased to of March last, by the Legislature of the State of make to them. Rhode Island and Providence Plantations; JOSEPH The Senate concurred in the appointment of a B. VARNUM, appointed a Senator by the Legisla- joigt committee on their part, agreeably to the reture of the State of Massachusetts, for the term solution last mentioned ; and Messrs. ANDERSON of six years, commencing on the fourth day of and GAILLARD were appointed the committee. March last; respectively produced their creden- ! The Senate then adjourned.

President's Annual Message.

SENATE.

NovemBER, 1811.

Tuesday, November 5.

in order that it might receive full consideration in the RICHARD BRENT, from the State of Virginia, depending discussions. This communication appears

not to have been received; but the transmission of it attended. Mr. ANDERSON reported, from the joint com

hitherto, instead of founding on it an actual repeal of mittee, that they had waited on the President of

the orders, or assurances that the repeal would ensue,

will not permit us to rely on any effective change in the United States, and that the President informed

the British Cabinet. To be ready to meet with cordithe committee that he would make a communi.

ality satisfactory proofs of such a change, and to procation to the two Houses this day, at twelve

ceed, in the mean time, in adapting our measures to o'clock.

the views which have been disclosed through that MinOn motion, by Mr. LEIB, a committee was ap

ister, will best consult our whole duty. pointed agreeably to the forty-second rule for con

In the friendly spirit of those disclosures, indemnity ducting business in the Senate; and, Messrs.

and redress for other wrongs have continued to be LEIB, FRANKLIN, and Cutts, were appointed the

withheld; and our coasts, and the mouths of our harcommittee.

bors, have again witnessed scenes not less derogatory On motion, by Mr. Gilman, a committee was

to the dearest of our national rights, than vexatious to appointed agreeably to the 22d rule for conduct the regular course of our trade. ing business in the Senate; and Messrs GILMAN, Among the occurrences produced by the conduct of CAMPBELL, of Tennessee, and BiBB, were appointed British ships of war hovering on our coasts, was an the committee.

encounter between one of them and the American frigOn motion, by Mr. FRANKLIN, the Senate pro ate commanded by Captain Rodgers, rendered unavoidceeded to the election of a Doorkeeper, agreeably able on the part of the latter, by a fire, commenced to the resolution of yesterday, and the whole num without cause, by the former; whose commander is ber of ballots collected was 27, of which Mount

therefore alone chargeable with the blood unfortunately JOY Bayly had 20, and was accordingly elected,

shed in maintaining the honor of the American flag. in the place of James Mathers, deceased.

The proceedings of a court of inquiry, requested by

Captain Rodgers, are communicated, together with the ANNUAL MESSAGE.

correspondence relating to the occurrence between the

Secretary of State and His Britannic Majesty's Envoy. The following Message was received from the To these are added the several correspondences which PRESIDENT OF THE UNITED STATES: . ., have passed on the subject of the British Orders in Fellow-citizens of the Senate ::

::: Council; and to both, the correspondence relating to and House of Representatives : : :;.:: the Floridas, in which Congress will be made acquaintIn calling you together sooner than a separation ed with the interposition which the Government of from your homes would otherwise haye been requisired, Great Britain has thought proper to make against the I yielded to considerations drawn, froin the posture of proceeding of the United States. our foreign affairs; and in fixing the present for dhe The justice and fairness which have been evinced time of your meeting, regard'was had to the probabile on the part of the United States towards France, both ity of further developments of the policy of the bellige before and since the revocation of her decrees, authorerent Powers towards this country, which might the ized an expectation that her Government would have more unite the National Councils in the measures to followed up that measure by all such others as were be pursued.

due to our reasonable claims, as well as dictated by its At the close of the last session of Congress, it was hoped amicable professions. No proof, however, is yet given that the successive confirmations of the extinction of the of an intention to repair the other wrongs done to the French decrees, so far as they violated our neutral com United States, and particularly to restore the great merce, would have induced the Government of Great amount of American property seized and condemned Britain to repeal its Orders in Council, and thereby under edicts which, though not affecting our neutral authorize a removal of the existing obstructions to her relations, and therefore not entering into questions becommerce with the United States.

tween the United States and other belligerents, were, Instead of this reasonable step towards satisfaction nevertheless, founded in such unjust principles that and friendship between the two nations, the Orders, the reparation ought to have been prompt and ample. were, at a moment when least to have been expected, In addition to this and other demands of strict right put into more rigorous execution; and it was com- on that nation, the United States have much reason to municated through the British Envoy just arrived, that, be dissatisfied with the rigorous and unexpected rewhilst the revocation of the edicts of France, as officially strictions to which their trade with the French dominmade known to the British Government, was denied ions has been subjected; and which, if not discontinto have taken place, it was an indispensable condition ued, will require at least corresponding restrictions on of the repeal of the British Orders that commerce should importations from France into the United States. be restored to a footing that would admit the produc On all those subjects, our Minister Plenipotentiary, tions and manufactures of Great Britain, when owned lately sent to Paris, has carried with him the necessary by neutrals, into markets shut against them by her en instructions, the result of which will be communiemy; the United States being given to understand that, cated to you, and by ascertaining the ulterior policy of in the mean time, a continuance of their non-importa- the French Government towards the United States, tion act would lead to measures of retaliation.

will enable you to adapt to it that of the United States At a later date, it has indeed appeared that a com- towards France. munication to the British Government, of fresh evi- Our other foreign relations remain without unfavordence of the repeal of the French decrees against our able changes. With Russia they are on the best footneutral trade, was followed by an intimation that it had ing of friendship. The ports of Sweden have afforded been transmitted to the British Plenipotentiary here, proofs of friendly dispositions towards our commerce

NOVEMBER, 1811.

President's Annual Message.

SENATE.

in the Councils of that nation also. And the informa. Your attention will, of course, be drawn to such protion from our special Minister to Denmark, shows that visions on the subject of our naval force as may be rethe mission had been attended with valuable effects to quired for the services to which it may be best adapted. our citizens, whose property had been so extensively I submit to Congress the seasonableness also of an auviolated and endangered by cruisers under the Danish thority to augment the stock of such materials as are flag.

imperishable in their nature, or may not at once be atUnder the ominous indications which commanded tainable. attention, it became a duty to exert the means com- In contemplating the scenes which distinguish this mitted to the Executive department in providing for momentous epoch, and estimating their claims to our the general security. The works of defence on our attention, it is impossible to overlook those developing maritime frontier have accordingly been prosecuted themselves among the great communities which occuwith an activity leaving little to be added for the com-py the Southern portion of our hemisphere, and extend pletion of the most important ones; and, as particu- into our neighborhood. An enlarged philanthropy, larly suited for co-operation in emergencies, a portion and an enlightened forecast, concur in imposing on the of the gunboats have, in particular harbors, been or national Councils an obligation to take a deep interdered into use. The ships of war before in commis- est in their destinies, to cherish reciprocal sentiments sion, with the addition of a frigate, have been chiefly of good will, to regard the progress of events, and not employed as a cruising guard to the rights of our coast. to be unprepared for whatever order of things may be And such a disposition has been made of our land ultimately established. forces, as was thought to promise the services most ap. Under another aspect of our situation, the early atpropriate and important. In this disposition is included tention of Congress will be due to the expediency of a force, consisting of regulars and militia, embodied in further guards against evasions and infractions of our the Indiana Territory, and marched towards our North- commercial laws. The practice of smuggling, which western frontier. This measure was made requisite is odious everywhere, and particularly criminal in free by the several murders and depredations committed by Governments, where the laws being made by all for Indians, but more especially by the menacing prepara- the good of all, a fraud is committed on every individtions and aspect of a combination of them on the Wa-ual as well as on the State, attains its utmost guilt bash, under the influence and direction of a fanatic of when it blends, with a pursuit of ignominious gain, à the Shawanese tribe. With these exceptions, the In- treacherous subserviency in the transgressors to a fordian tribes retain their peaceable dispositions towards eign policy, adverse to that of their own country. It us, and their usual pursuits.

is then that the virtuous indignation of the public should I must now add that the period is arrived which be enabled to manifest itself through the regular aniclaims from the Legislative guardians of the national madversions of the most competent laws. rights a system of more ample provisions for maintain. To secure greater respect to our mercantile flag, and ing them. Notwithstanding ihe scrupulous justice, to the honest interests which it covers, it is expedient the protracted moderation, and the multiplied efforts, also that it be made punishable in our citizens to accept on the part of the United States, to substitute for the licenses from foreign Governments for a trade unlawaccumulating dangers to the peace of the two coun- fully interdicted by them to other American citizens; tries, all the mutual advantages of re-established friend or to trade under false colors or papers of any sort. ship and confidence, we have seen that the British · A prohibition is equally called for against the acCabinet perseveres, not only in withholding a remedy ceptance, by our citizens, of special licenses to be used for other wrongs, so long and so loudly calling for it, in a trade with the United States; and against the adbut in the execution, brought home to the threshold mission into particular ports of the United States of of our territory, of measures which, under existing cir- vessels from foreign countries authorized to trade with cumstances, have the character, as well as the effect, particular ports only. “. of war on our lawful commerce.

Although other subjects will press more immediately With this evidence of hostile inflexibility, in tramp- on your deliberations, a portion of them cannot but be ling on rights which no independent nation can relin- well bestowed on the just and sound policy of securing quish, Congress will feel the duty. of putting the Uni- to our manufactures the success they have attained, ted States into an armor and an attitude demanded by and are still attaining, in some degree, under the imthe crisis, and corresponding with the national spirit pulse of causes not permanent; and to our navigation and expectations.

the fair extent of which it is at present abridged by the I recommend, accordingly, that adequate provision unequal regulations of foreign Governments. be made for filling the ranks and prolonging the enlist- Besides the reasonableness of saving our manufacments of the regular troops ; for an auxiliary force, to turers from sacrifices which a change of circumstances be engaged for a more limited term; for the acceptance might bring on them, the national interest requires of volunteer corps, whose patriotic ardor may court a, that, with respect to such articles at least as belong to participation in urgent services ; for detachments, as our defence and our primary wants, we should not be they may be wanted, of other portions of the militia ; left in unnecesary dependence on external supplies. and for such a preparation of the great body as will And whilst foreign Governments adhere to the existproportion its usefulness to its intrinsic capacities. Noring discriminations in their ports against our navi. can the occasion fail to remind you of the importance gation, and an equality or lesser discrimination is enof those military seminaries which, in every event, will joyed by their navigation in our ports, the effect canform a valuable and frugal part of our Military Estab- not be mistaken, because it has been seriously felt lishment.

by our shipping interests; and in proportion as this The manufacture of cannon and small arms has pro takes place, the advantages of an independent conveyceeded with due success; and the stock and resources ance of our products to foreign markets, and of a growof all the necessary munitions are adequate to emering body of mariners, trained by their occupation for gencies. It will not be inexpedient, however, for Con- the service of their country in times of danger, must gress to authorize an enlargement of them.

be diminished.

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amount.

The receipts into the Treasury during the year end. war, with the accompanying documents, be referred to a ing on the thirtieth of September last, have exceeded select committee, with instructions to examine the thirteen millions and a half of dollars, and have en- same and report thereon to the Senate. abled us to defray the current expenses, including Resolved, That so much of the Message of the Presithe interest on the public debt, and to reimburse more I dent of the United States as relates to the evasions than five millions of dollars of the principal, without and infractions of the commercial laws thereof, be rerecurring to the loan authorized by the act of the last ferred to a select committee, with instructions to exsession. The temporary loan obtained in the latter amine into the subject and report thereon to the Senate, end of the year one thousand eight hundred and ten, and that the committee have leave to report by bill, has also been reimbursed, and is not included in that | bills, or otherwise.

Resolved, That so much of the Message of the PresiThe decrease of revenue arising from the situation dent of the United States as relates to the manufacof our commerce and the extraordinary expenses which tures thereof, be referred to a select committee, with have and may become necessary, must be taken into instructions to examine into that subject, and report view, in making commensurate provisions for the en- thereon to the Senate, and that the committee have suing year. And I recommend to your consideration | leave to report by bill, bills, or otherwise. the propriety of insuring a sufficiency of annual revenue, at least to defray the ordinary expenses of Gov

Friday, November 8. ernment, and to pay the interest on the public debt, including that on new loans which may be authorized. On motion, by Mr. Smith, of Maryland,

I cannot close this communication without express- Resolved, That Mountjoy Bayly, Doorkee per ing my deep sense of the crisis in which you are as- and Sergeant al-Arms to the Senate, be, and he is sembled, my confidence in a wise and honorable result hereby, authorized to employ one assistant and to your deliberations, and assurances of the faithful two horses, for the purpose of performing such zeal with which my co-operating duties will be dis- services as are usually required by the Doorcharged; invoking, at the same time, the blessing of keeper to the Senate, and that the sum of twentyHeaven on our beloved country, and on all the means eight dollars be allowed him weekly for that purthat may be employed in vindicating its rights and ad- pose, to commence with, and remain during the vancing its welfare. .

session and for twenty days after. : JAMES MADISON. !

Mr. Leib gave notice that on Monday he should WASHINGTON, November 5, 1811.

ask leave to bring in a bill to authorize the transThe Message and part of the documents therein portation of certain documents free of postage. referred to were read, and three hundred copies of Mr. VARNUM submitted the following motion the Message and of the documents, so far as they | for consideration: have been read, ordered to be printed for the use

Resolved, That two Chaplains, of different denomiof the Senate.

nations, be appointed to Congress during the present

session, one by each House, who shall interchange · WEDNESDAY, November 6.

weekly. James Lloyd, from the State of Massachusetts,

| Mr. WORTHINGTON submitted the following took his seat in ihe Senate...

motion for consideration : The Senate proceeded io reading the documents

Resolved, That so much of the Message of the Presi

dent of the United States as relates to Indian affairs, referred to in the Message of the President of the

be referred to a select committee, with instructions to United States of yesterday. And, after progress,

examine into that subject, and report thereon to the adjourned.

Senate, and that the committee have leave to report

by bill, bills, or otherwise. THURSDAY, November 7.

The President communicated a resolution of The Senate proceeded in reading the documents the Republican Corresponding Society, met at referred to in the Message of the President of the Brookville, in the Indiana Territory, enjoining United States of the 5th instant; and ordered it on their Delegate in Congress to use his exthat nine hundred and fifty copies of the Message ertions in favor of a law authorizing the people and documents, in addition to the three hundred of that Territory to elect their sheriffs and magisalready ordered, be printed for the use of the trates once in two years; which was read. Senate, making in the whole one thousand two | Mr. Smith, of Maryland, gave notice that on hundred and fifty copies.

Monday he should ask leave to bring in a bill The following motions were submitted by Mr. making further provision for the Corps of EngiGiles for consideration :

neers. .

The Senate resumed the consideration of the Resolved, That so much of the Message of the Presi

motion submitted yesterday, “that so much of dent of the United States as concerns the relations between the United States and France and Great Britain,

the Message of the President of the United States with the accompanying documents, be referred to a

as concerns the relations between the United select committee, with instructions to examine and re

• States and France and Great Britain, with the port thereon to the Senate, and that the committeel' accompanying documents, be referred to a select have leave to report by bill, bills, or otherwise.

* committee, with instructions to examine and Resolved, That so much of the Message of the Presi report thereon to the Senate; and that the comdent of the United States as relates to the encounter mittee have leave to report by bill, bills, or otherbetween an American frigate and a British ship of wise;" and, having agreed, thereto, Messrs.

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