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PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE FIRST SESSION OF THE TWELFTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, NOVEMBER 4, 1811.

MONDAY, November 4, 1811.

This being the day appointed by a proclamation of the President of the United States, of the twenty-fourth day of July last, for the meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:

From New Hampshire-Josiah Bartlett, Samuel Dinsmoor, Obed Hall, John A. Harper, and George Sullivan.

From Massachusetts-Ezekiel Bacon, Abijah Bigelow, Elijah Brigham, William Ely, Isaiah L. Green, Josiah Quincy, William Reed, Ebenezer Seaver, Samuel Taggart, Peleg Tallman, Charles Turner, junior, Laban Wheaton, and Leonard White.

From Rhode Island-Richard Jackson, junior. From Connecticut-Epaphroditus Champion, John Davenport, junior, Lyman Law, Jonathan O. Moseley, Timothy Pitkin, junior, Lewis B. Sturges, and Benjamin Tallmadge.

From Vermont-Martin Chittenden, James Fisk,

Samuel Shaw, and William Strong.

From New York-Daniel Avery, Harmanus Bleecker, Thomas B. Cooke, James Emott, Asa Fitch, Thomas R. Gold, Robert Le Roy Livingston, Arunah Metcalf, Samuel L. Mitchill, Benjamin Pond, Peter B. Porter; Ebenezer Sage, Thomas Sammons, Silas Stow, Uri Tracy, and Pierre Van Cortlandt, junior.

From New Jersey-Adam Boyd, Lewis Condit, Jacob Hufty, James Morgan, and Thomas Newbold.

From Pennsylvania-William Anderson, David Bard, Robert Brown, William Crawford, Roger Davis, William Findley, John M. Hyneman, Joseph Lefever, Aaron Lyle, James Milnor, William Piper, Jonathan Roberts, William Rodman, Adam Seybert, John Smilie, George Smith, and Robert Whitehill.

From Delaware-Henry M. Ridgely. From Maryland-Stevenson Archer, Joseph Kent, Peter Little, Alexander McKim, Samuel Ringgold, and Robert Wright.

From Virginia-Burwell Bassett, James Breckenridge, William A. Burwell, Matthew Clay, John Dawson, Peterson Goodwyn, Aylett Hawes, John P. Hungerford, Joseph Lewis, junior, William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, junior, John Randolph, John Roane, Daniel Sheffey, John Smith, and Thomas Wilson.

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From South Carolina-William Butler, Langdon Cheves, Elias Earle, William Lowndes, Thomas Moore, and David R. Williams.

From Georgia-William W. Bibb, Howell Cobb, Bolling Hall, and George M. Troup.

From Kentucky-Henry Clay, Joseph Desha, Richard M. Johnson, Samuel McKee, Anthony New, and Stephen Ormsby.

From Tennessee-Felix Grundy, and John Rhea. From Ohio-Jeremiah Morrow. From Mississippi Territory-George Poindexter, Delegate.

From Indiana Territory-Jonathan Jennings, Delegate.

And a quorum, consisting of a majority of the whole number of members, being present, the House proceeded, by ballot, to the choice of a Speaker; and, upon examining the ballots, it appeared that HENRY CLAY, one of the Representatives for the State of Kentucky, was duly elected; Whereupon;

Mr. CLAY was conducted to the Speaker's chair, and 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 to him by Mr. FINDLEY, one of the members for the State of Pennsylvania; after which, he made his acknowledgments to the House, in the following words:

"GENTLEMEN: In coming to the station which you have done me the honor to assign me-an honor for which you will be pleased to accept my thanks-I obey rather your commands than my own inclination. I am sensible of the imperfections which I bring along with me, and a consciousness of these would deter me from attempting a discharge of the duties of the Chair, did I not rely, confidently, upon your generous support.

Should the rare and delicate occasion present itself, when your Speaker shall be called upon to check or control the wanderings or intemperance in debate, your justice will I hope, ascribe to his interposition the motives only of public good and a regard to the dignity

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The oath or affirmation to support the Constitution of the United States was then administered, by the SPEAKER, to all the other members present.

GEORGE POINDEXTER, and JONATHAN JENNINGS, having also appeared, and produced their credentials as the delegates from the Mississippi and Indiana Territories of the United States, the oath was administered to them by the Speaker.

The House proceeded, by ballot, to the choice of a Clerk, and. upon examining the ballots, it appeared that PATRICK MAGRUDER was duly elected, and the oath, together with the oath of office, administered by the Speaker to the Clerk.

THOMAS DUNN was then re-elected Segeant-atArms, and THOMAS CLAXTON Doorkeeper, without opposition. BENJAMIN BURCH was also chosen Assistant Doorkeeper.

The usual messages were interchanged with the Senate on the subject of their being formed and ready to proceed to business.

Mr. MITCHILL and Mr. PITKIN were appointed a committee on the part of the House, jointly with the committee appointed 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 communications he may be pleased to make to

them.

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On motion of Mr. NEWTON, the Clerk of the House was directed to procure newpapers from any number of offices that the members may elect, provided, that the expense do not exceed the amount of three daily papers.

A Message was received from the PRESIDENT OF THE UNITED STATES, by Mr. COLES, his Secretary, who delivered the same and withdrew. [For which see Senate proceedings of this date, ante page 11.]

The Message having been read, and the documents accompanying it in part, an adjournment was called for, and carried.

WEDNESDAY, November 6.

Two other members, to wit: MESHACK FRANKLIN, from North Carolina, and JOHN C. CALHOUN, from South Carolina, produced their credentials, were qualified, and took their seats.

NOVEMBER, 1811.

The reading of the documents accompanying the Message of the President of the United States was resumed, and being completed, the Message and documents were referred to the Committee of the Whole on the state of the Union, and five thousand copies ordered to be printed for the use of the members.

THURSDAY, November 7.

Another member, to wit: LEMUEL SAWYER, from North Carolina, appeared, produced his credentials, was qualified, and took his seat.

A motion was made by Mr. MITCHILL, that the House do now proceed to the appointment of the several standing committees, pursuant to the rules and orders of the House.

A division of the question on the motion was called for by Mr. BURWELL, So as to take the question separately, on the appointment of the Committee of Elections. And the question on the appointment of the Committee of Elections being taken, was resolved in the affirmative.

Mr. FINDLEY, Mr. MACON, Mr. STURGES, Mr. TROUP, Mr. PLEASANTS, Mr. EмOTT, and Mr. FISK, were then appointed the committee.

On motion of Mr. DAWSON, the residue of the motion was laid on the table.

Mr. BURWELL presented a petition of John Taliaferro, complaining of the undue election and illegal return of JOHN P. HUNGERFORD, to serve as one of the Representatives for the State of Virginia, and praying that investigation of the said election may take place, and that such deci sion may be had thereon as in the wisdom of the House may appear proper.-Referred to the Committee of Elections.

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Mr. RHEA, Mr. LYLE, and Mr. JACKSON, were appointed the committee.

the United States, transmitting two letters to the A Message was received from the President of Department of State, one from the present Plenipotentiary of France, the other from his predeuments accompanying the Message of the fifth cessor, which were not included among the docinstant, the translation of them being not then completed. The Message and documents were read, ordered to lie on the table, and five thou sand copies ordered to be printed for the use of the members.

A motion was made by Mr. BACON, that the House do come to the following resolution:

NOVEMBER, 1811.

Reference of the President's Message.

Resolved, That the Committee of Claims be instructed to inquire into the expediency of repealing or suspending the operation of the several acts of limitation, so far as they now operate to bar the payment of the following description of claims against the United States, to wit: First, loan office certificates. Second, indents for interest on the public debt. Third, final settlement certificates. Fourth, commissioners' certificates. Fifth, army certificates. Sixth, credits given in lieu of army certificates cancelled. Seventh, credits for the pay of the Army for which no certificates were issued. Eighth, invalid pensions. Ninth, lost or destroyed certificates.

The resolution was read, and ordered to lie on

the table.

On motion of Mr. DAVENPORT, it was resolved, that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly.

Mr. REED presented a petition of William Dean, of Salem, merchant, praying permission to import from Great Britain sundry goods, wares, and merchandise, the property of the petitioner, which had been ordered by him previous to the passage of the non importation act of the second

of March last.-Referred to the Committee of Commerce and Manufactures.

STANDING COMMITTEES.

The House proceeded to consider the motion of Mr. MITCHILL, of yesterday, for the appointment of the several standing committees of the House, and agreed thereto; whereupon the following committees were appointed.

Committee of Ways and Means-Mr. BACON, Mr. CHEVES, Mr. SMILIE, Mr. BIBB, Mr. BURWELL, Mr. JOHNSON, and Mr. PITKIN.

Committee of Commerce and ManufacturesMr. NEWTON, Mr. LOWNDES, Mr. MITCHILL, Mr. MCKIM, Mr. TALLMADGE, Mr. SEYBERT, and Mr.

TALLMAN.

Committee of Claims-Mr. BASSETT, Mr. BUTLER, Mr. SHAW, Mr. BROWN, Mr. MOSELEY, Mr. STANFORD, and Mr. ARCHER.

Committee on the Public Lands-Mr. MORRow. Mr. McKEE, Mr. GOLD, Mr. BRECKENRIDGE, Mr. BLACKLEDGE, Mr. BoyD, and Mr. SMITH, of Pennsylvania.

Committee for the District of Columbia-Mr. LEWIS, Mr. RINGGOLD, Mr. PIPER, Mr. PEARSON, Mr. BAKER, Mr. Srow, and Mr. ORMSBY,

Committee on the Post Office and Post RoadsMr. RHEA, Mr. PORTER, Mr. LYLE, Mr. DINS MOOR, Mr. TAGGART, Mr. POTTER, Mr. LAW, Mr. CHITTENDEN, Mr. HUFTY, Mr. RIDGELY, Mr. KENT, Mr. SHEFFEY, Mr. KING, Mr. EARLE, Mr. HALL, of Georgia, Mr. DESHA, and Mr. MORROW. Committee of Revisal and Unfinished Business-Mr. SEYBERT, Mr. JACKSON, and Mr. ELY. Committee of Accounts-Mr. TURNER, Mr. BLOUNT, and Mr. LITTLE.

On motion of Mr. DAWSON, a committee was appointed to bring in a bill for the apportionment, of Representatives among the several States, according to the third enumeration.

Mr. DAWSON, Mr. WILLIAMS, Mr. GRUNDY

H. OF R.

Mr. HALL, of New Hampshire, Mr. QUINCY, Mr. POTTER, Mr. MOSELEY, Mr. STRONG, Mr. PORTER, Mr. CONDIT, Mr. MILNOR, Mr. WRIGHT, Mr. RIDGELEY, Mr. ALSTON, Mr. BIBB, Mr. MORRow, and Mr. McKEE, were appointed the committee.

MONDAY, November 11.

Several other members, to wit: WILLIAM WIDGERY, from Massachusetts; GEORGE C. MAXWELL, from New Jersey; and PHILIP B. KEY, and duced their credentials, were qualified, and took PHILIP STUART, from Maryland; appeared, pro

their seats.

merchants of Philadelphia, praying permission to Mr. SEYBERT presented a petition of sundry import, from Great Britain, sundry hardwares, the property of the petitioners which were ordered of the second of March last. previous to the passage of the non-importation act

Mr. MITCHILL presented a petition from sundry merchants in the city of New York, to the same effect with the petition last stated.

Woolsey and Company, and William W. WoolMr. PITKIN presented a petition of Dwight sey and Company, merchants, of New Haven, in Connecticut, to the same effect with the foregoing.

Mr. QUINCY presented a petition of Samuel R. Miller and Company, merchants, of Boston, also to the same effect with the foregoing.

Ordered, That the said petitions be severally referred to the Committee of Commerce and Manufactures.

On motion of Mr. RHEA, the Committee on Post Offices and Post Roads were instructed to report a bill authorizing the members of the Senate and House of Representatives to frank the President's Message and accompanying documents, transmitted to both Houses of Congress at the opening of the present session, notwithstanding the same may weigh more than two ounces.

The House proceeded to consider the resolution submitted by Mr. BACON, on the eighth instant; and it was concurred in by the House.

On motion of Mr. WIDGERY, a committee was appointed to consider the expediency of altering the term of the District Court of the United States for the District of Maine, from the first to the second Tuesday in September; with leave to report by bill, or otherwise.

Mr. WIDGERY, Mr. HARPER, and Mr. STURGES, were appointed the committee.

Mr. RHEA, from the Committee on Post Offices and Post Roads, presented a bill to authorize the transportation of certain documents, free of postage; which was read twice, amended, and ordered to be engrossed, and read the third time to-day; which was subsequently done, and the bill passed.

TUESDAY, November 12.

REFERENCE OF THE MESSAGE.

Mr. SMILIE, after some appropriate prefatory observations, moved that the House resolve itself into a Committee of the Whole on the state of the

H. OF R.

Reference of the President's Message.

Union, in order to take into consideration the Message of the President of the United States, at the opening of the session.

The motion being agreed to, the House accordingly went into a Committee of the Whole, when, Mr. SMILIE Submited to the consideration of the Committee the following resolutions, viz: 1. Resolved, That so much of the President's Message as relates to the subject of our foreign relations,

be referred to a select committee.

2. That so much as relates to the measures of public defence demanded by the present crisis, be referred to

a select committee.

3. That so much as relates to the revenue and the provisions necessary for the service of the ensuing year, be referred to the Committee of Ways and Means.

4. That so much as relates to the evasions and infractions of our commercial laws, be referred to the Committee of Commerce and Manufactures.

NOVEMBER, 1811.

place, to express its opinion on the Message. He had been waiting until the documents were printed for an opportunity of this kind. He hoped the committee would not rise and report the resolu tions, because if you do, the President's Message will be taken out of the House, and it will not be competent for any gentleman to take up any part of it, so that no opinion of the House can be taken thereon. He would move that the committee rise and report progress. By to-morrow, an opportunity would be afforded of comparing the resolutions of the gentleman from Pennsylvania with the Message, and of ascertaining whether they are such as they ought to be; and the subject being still before a Committee of the Whole, every member would have liberty of expressing his opinion fully upon it.

Mr. SMILIE said, the course which he had taken was that which had been invariably pursued heretofore. Whether it was best or not, he could not tell. He did not wish for any delay. He thought

5. That so much as relates to foreign trading licenses, and to the protection of manufactures and navigation, be referred to the Committee of Commerce and Man-it was high time the Message of the President

ufactures.

6. That so much as relates to the Spanish American Colonies, be referred to a select committee.

The resolutions being read, they were taken up separately, and agreed to, without opposition, except that when the second was under consideration, Mr. DAWSON expressed an opinion that the subjects embraced in that resolution would be better in the hands of two or three committees; but Mr. SMILIE assigning as a reason for committing the entire subject of defence to one committee, that they would have it in their power to take a view of the whole ground, and act accordingly, it was agreed to.

All the resolutions being adoptedMr. SMILIE moved that the committee rise and report the resolutions to the House.

Mr. RANDOLPH was opposed to this motion. It would be readily conceived, he said, that it is no easy matter for one who has had an opportunity of seeing the resolutions which form the basis of the proposed report, to take in, as they are read by the Clerk, the whole of their scope and bearing. He believed it had been the common practice to refer the Speech of the President at the opening of the session to a Committee of the whole House on the state of the Union. In the committee, the course had been much the same as that pursued to day. The different subjects on which it treated had been referred either to standing or select committees. But it will be remembered, that we are assembled under circumstances of a peculiar nature. The Chief Magistrate himself has given information to this House to that effect. He hoped that the Message of the Chief Magistrate would not be dissected, taken out of the House, and put into the hands of committees, so as to be placed out of the power of any member of this House to express his sentiments on that instrument. This expression of opinion, said Mr. R., is due to the situation in which we stand. The nation expects it from us. He trusted, therefore, that the subject would not be foreclosed in the way proposed. The House ought, in the first

was acted upon. When the several committees made their reports, the gentleman from Virginia will have an opportunity of making such strictures upon the Message as he may judge proper; or, as the subject is now before the Committee, if the gentleman chooses, he may now make them. He hoped the business would not be postponed, but that the question on the Committee's rising and reporting the resolutions would be taken.

Mr. RANDOLPH was not ready for the question. The memory of the worthy gentleman from Pennsylvania, said he, is not very good. It is not to be wondered at. Age brings with it experience and many valuable qualities, but it does not improve the memory. He himself felt the effects of it, and much more may the gentleman from Pennsylvania feel them. ́ ́ Mr. R. did not believe that the course now proposed to be taken with the Message, is the same which has been always pursued. He recollected that when he had first the honor of a seat in that House, the Message of the President was brought in a mass before the House, to be fully and fairly debated. The gentleman must pardon him for contradicting him in a matter of fact. But, said Mr. R., I would ask the gentleman from Pennsylvania, by what magic or other power, he has been able to dive into my bosom to know that I mean to make strictures on the Message of the President? The gentleman goes on to state, that if I have any such observations to make, this is the accepted hour. Why this, any more than any other hour in this week? Why do gentlemen, just when they have got into a Committee on the Message, show such an aguish trepidation to get out of it? Is the Message of so little importance that they will not give it attention? They will not say so. The gentleman from Pennsylvania says that when these committees report, every gentleman will have an opportunity of expressing his opinion on the several parts into which it is dissected. But the gentleman must know, that even in physics, much less in politics, all the parts are not always equal to the whole; that however true it may be

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