It seems idle, said Mr. R., for any man to undertake, by statute, to do that which the Great Charter of our Confederation has endeavored to do in vain. It is, it appears, impossible to prevent men, heated by party, and seeking only the gratification of their own passions, from trampling in the dust the charter which we have sworn to support; for though our Constitution has said, in the broadest terms which our language knows, that the freedom of speech and of the press shall not be abridged, men have been found so lost to all sense of their country's good, as to pass the act, commonly called the sedition act, and to send out our judges to dispense, not law, but politics from the bench. It would seem idle to attempt to prevent, by statutory provisions, similar abuses. But though, formed as we are, we cannot attain perfection, we ought, in imitation of a divine example, to aspire to it, and endeavor to preserve in purity the great Magna Charta of our country. This subject, Mr. R. said, might appear frivolous to others. He knew that men intent on worldly things, with their snouts grovelling in the mud, who hold everything but sordid pelf, and still more disgraceful office, as dross and dust, would not think it worth while to attend to things of this kind. Nor did he wish to set himself up for a political Pharisee, and thank God that he was not as other men are. Mr. R. moved to amend the reference, by ing to it the following: NOVEMBER, 1811. apology he could for the sedition law, and that he was glad to find himself in a minority on his motion for continuing it. But, said he, experience teacheth. I find it possible even for the Pharisees themselves sometimes to slide, sometimes to fall. He thought it due to our country, and to ourselves, that whatever abuses exist, without stopping to inquire whether the sufferer be a Catholic or a Protestant, a Federalist, a Democrat, or a Monarchy man, to redress the wrong. What would be said in a court of justice in a case of murder? It would not be thought worth while to inquire what was the offender's politics, or whether honest or the contrary. He considered honest men as of right politics. It unfortunately happens, said he, that some men make up in zeal what they know themselves to be deficient in honor and honesty. The amendment was agreed to and the petition referred to a committee of seven, consisting of Mr. New. Mr. RANDOLPH, Mr. WRIGHT, Mr. TROUP, Mr. WHITEHILL, Mr. MOSELEY, and Mr. COOKE. THURSDAY, November 14. Virginia, appeared, produced his credentials, was Another member, to wit: JOHN CLOPTON, from qualified, and took his seat. the eighth instant, presented a bill providing for Mr. RHEA, from the committee appointed on the government of the Territory of Louisiana; which was read twice and committed to a Com. add-mittee of the Whole on Monday next. "With instructions to inquire whether any, and what, prosecutions have been instituted before the courts of the United States for libels, under the sedition law or the common law, and by what authority; and to make such provisions as they may deem necessary for securing the freedom of speech and of the press." Mr. R. hoped this amendment would be agreed to; for, said he, it is evident that when we came into power, when we succeeded to our predecessors, proper measures were not taken for purifying the violent temper of the day-for preventing the recurrence of prosecutions of this kind. He recollected having heard, at the close of the administration of the second President of the United States, one of the most beautiful pieces of declamation, from a gentleman from South Carolina, which he had ever heard, in which he conjured the House to re-enact the sedition act, because, said he, we are about to surrender the Government into the hands of men in whom we have no confidence, and I wish to retain this law as our shelter, because, by this, if we are prosecuted for a libel, we can give the truth in evidence. Mr. R. said he listened to the gentleman, but he thought he was talking for talking's sake. He did not believe that himself believed a word of what he said. Mr. R. did not suppose that a prosecution at common law, for a libel, could take place under a Republican Administration. He thought the gentleman was making the best Mr. WIDGERY, from the committee appointed on the eleventh instant, presented a bill to alter the time of holding one of the terms of the district court of the District of Maine; which was read twice and ordered to be engrossed, and read the third time to-morrow. On motion of Mr. BASSETT, a committee was appointed to prepare and report such standing observed in this House. rules and orders of proceding as are proper to be Mr. BASSETT, Mr. PITKIN, Mr. MACON, Mr. NELSON, Mr. BIBB, Mr. QUINCY, and Mr. FINDLEY, were appointed the said committee. Mr. RHEA, moved the following resolution: Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of laying additional duties on all coarse manufac tures of flax and hemp. Mr. CONDIT, moved the following resolution: Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of encouraging the culture of hempen goods, either by protecting duties, or prohibiting the importation, into the United States and its Territories, of hemp, or goods manufactured from it; and that they have leave to report by bill. The resolutions were read, and ordered to lie on the table. On motion of Mr. JENNINGS, a committee was appointed to inquire into the expediency of authorizing the President of the United States to cause to be opened a road from the Northern line established by the Treaty of Greenville, where the United States' road from Vincennes meets the said line, to the North Bend, in the State of Ohio; with leave to report thereon by bill, or otherwise. Mr. JENNINGS, Mr. New, and Mr. MORROW, were appointed the committee. FRIDAY, November 15., Mr. PICKENS presented a petition from inhabitants in the western part of North Carolina, complaining of mischief occasioned by the settlement of white persons on the lands of the Cherokee Indians.-Referred to the Secretary of War. Mr. BASSETT, on account of the state of his health, begged to be excused from serving on the Committee of Claims, declaring that he was unable to attend to the duties imposed upon the Chairman of that important committee. Excused. Mr. BUTLER also wished to be excused from serving on the same committee. He was also excused. H. OF R. the States and Territories of the United States, to which the Indian title is not extinguished, in such manner as that all white persons residing within any of the said parts of the United States may and shall be liable to the operation of those laws." Mr. R. added, that if the petitions which had this morning been presented by the gentleman from North Carolina had been read, the necessity of taking some measure similar to the one which he proposed, would have been evident to every member of the House, as the Indian countries are become an asylum for persons guilty of every enormity. Mr. PICKENS stated, that if any doubt existed as to the propriety of passing this resolution, he would call for the reading of the petitions which he had presented. Mr. WRIGHT had some doubts whether the laws of the United States did not at present extend to cases of this kind, and wished the resolution to lie on the table until the subject could be looked into. Mr. BIBB said, a case had lately occurred in the State of Georgia, which showed the necessity of some farther provision on this subject. A murder of a most atrocious kind had been committed within the Indian country; the parties were taken near the spot, and brought before the Federal authority in Georgia; and upon a question of jurisdiction, the judges decided that the court had no authority in the case. In a similar instance, the offenders were brought before the State authori Mr. D. R. WILLIAMS said, out of courtesy, he had voted in the majority on the questions which had just been decided; but he was apprehensive he had done wrong, and moved for a reconsideration of the question. He hoped the Chairman of the Committee of Claims would consent to retain his situation, and attempt to do the business to which he had been appointed. He was fearful that his relinquishing his post would be attended with bad consequences. No doubt his relinquish-ties, ment had occasioned his colleague to beg to be excused. He hoped that both gentlemen would consent to retain their situations. After an explanation from Mr. BASSETT, that he was really unable to endure the necessary fatigue of the business; and from Mr. BUTLER that he had served several years on this committee, and that he expected shortly to be under the necessity of asking leave of absence; the motion for reconsideration was withdrawn. Mr. QUINCY presented the petition of Aaron Baldwin, praying for the remission of certain forfeitures which he had incurred under the restrictive laws.-Referred. Mr. MORROW reported a bill extending the time for opening the several land offices in the Territory of Orleans.-Twice reid and committed. A bill was reported to authorize a public road from a point in the north line established by the Treaty of Greenville, where the United States' road from Vincennes meets the said line to the North Bend, in the State of Ohio, which was twice read and committed. The bill for altering the time of holding one of the terms of the United States' courts in the District of Maine, was read the third time and passed. INDIAN AFFAIRS. which determined in the same way, and the offenders, of course, were in both cases discharged. Mr. GRUNDY was of opinion that the United States courts had, at present, complete jurisdic│tion of all criminal cases which might arise within the Indian boundary, the case cited by the gentleman from Georgia nothwithstanding; but he supposed the object of this resolution was to supply the defects of the law at present in civil cases. Mr. POINDEXTER had no doubt but the courts of the United States had jurisdiction of criminal offences, committed within the Indian boundary. Congress, at their first session, made provision for the punishment of offenders charged with murder, piracy, &c., committed on the high seas or without the territory of the United States. But the difficulty suggested by the gentleman from Tennessee existed. Persons who have committed petty offences and debtors go over to the Indian territory, where the law cannot reach them. He doubted whether the resolution was calculated to reach this object, and therefore wished it to lie on the table that it might be amended. Mr. RHEA hoped he might be permitted to judge for himself whether the resolution which he had offered was calculated to accomplish the object which he had in view. His colleague had intimated that the laws, at present, extend to criminal offences, though the gentleman from Georgia had stated a case in which the judges had determined otherwise. This shows, at least, that the "Resolved, That the Committee on Indian Affairs law wants revision, not only with respect to crimbe instructed to inquire into the expediency of extend-inal, but civil matters. He had drawn the resoing the laws of the United States over those parts of lution in the most general terms. Mr. RHEA proposed the following resolution for adoption : H. of R. Domestic Manufactures-American Seamen. Mr. BIBB could not conceive how the judges of the Federal Court, in the case he had cited, could have decided as they did with the law which had been referred to before them. Perhaps it might have arisen from a clause of the Constitution, which directs that jurors shall be drawn from the district where the offence is committed. The resolution was laid on the table. DOMESTIC MANUFACTURES. Mr. RHEA called up for consideration the resolution which he laid upon the table yesterday proposing an additional duty on coarse hemp and flax. The resolution was considered, and, on motion, the words "and cotton," were added to it, by consent of the mover. Mr. GRUNDY observed, that several detached resolutions for the encouragement of domestic manufactures had been offered to the House. He wished the adoption of a proposition which should include all the manufactures of the country. He hoped the present motion might lie on the table for a few days, until such a proposition could be prepared. It is, said he, an object of great magniiude, when we consider the vast sums of money which have lately been vested in establishments of this kind; and the present is a favorable moment for adopting some measures to give our manufactures countenance and support. NOVEMBER, 1811. Treasury, which, in most instances, is an unsafe way of proceeding. The penal laws of the Uni ted States provide no punishment for the crime of perjury in these cases. A recent instance, Mr. M. said, had occurred in the district which he represented. An Italian, not twenty days in the country, appeared before a notary public, claiming the rights of an American seamen. He made the necessary oaths, and produced a sponsor who swore that he was born in Baltimore. The tongue of the man detected the falsehood. The collector, with that attention to his duty for which he is so remarkable, had both seaman and sponsor ap prehended. The attorney for the district looked into the case, and found the crime of perjury to be, the falsely taking an oath according to the laws of the United States; but as the law was defective, as above stated, the offence was not perjury. The Attorney General confirmed this opinion. The offenders, therefore, escaped punishment. He believed other amendments might be usefully made to the law on this subject. He concluded by offering the following resolution for adoption, which was agreed to: “Resolved, That a committee be appointed to inquire and report whether any, and what amendments are necessary to the laws of the United States relating to the protection of American seamen; and that the committee have leave to report by bill or otherwise.” Mr. MILNOR, Mr. LITTLE, Mr. REED, Mr. BASSETT, and Mr. PITKIN, were appointed the com Mr. RHEA could not agree to the proposed postponement. He should never obtain his object, if he were to agree to one postponement after ano-mittee. ther. His colleague could, at any time, submit his proposition, without hindering the progress of the one he had introduced. After some conversation as to the propriety of discussing this proposition in the House, MONDAY, November 18. On motion of Mr. MCKEE, the Committee on the Public Lands were instructed to inquire what The SPEAKER decided, that though there is a provision ought to be made respecting the locarule of the House which says that all proposition of Virginia military land warrants, west of the tions for laying a tax shall be discussed in Com-boundary line designated by the act of the third mittee of the Whole; this resolution, in his opi- of March, 1804, with leave to report by bill, or nion, did not come within that rule, as it was otherwise. merely an instruction to a committee to inquire into the expediency of laying an additional tax. The motion, for laying the proposition on the table, was carried, 51 to 47. AMERICAN SEAMEN. Mr. SEYBERT presented the petition of shotmanufacturers of Philadelphia, praying for protection. duce from them to that amount.-Referred to the Committee of Commerce and Manufactures. On motion of Mr. LEWIS, the petition presented last session on the subject of a new jail at Alexandria, was referred to the Committee on the District of Columbia. Mr. MITCHILL presented the petition of James Forrest, of New York, merchant, stating that he had debts owing to him in the British West India Mr. MILNOR rose, and observed there was no Islands, to the amount of twenty-five thousand topic more important than the protection of Amer-dollars, and praying to be allowed to import proican seamen, and yet he believed it would be acknowledged by all who have given consideration to the subject, that our laws on this subject are materially defective. The object of these laws ought to be twofold; in the first place, for the protection of bona fide American citizens, and secondly, for the prevention of the abuse of those protections by citizens of other countries not en- Resolved, That the committee appointed on titled to them. It will be recollected, that the act the 11th instant, on so much of the petition of for relief of American seamen makes it the duty the inhabitants of the State of Ohio, as relates to of the collectors to furnish certificates of citizen- the opening of a certain road to Vincennes, be ship in the manner therein directed; but, owing instructed to report on the expediency of making to an error of Congress, no manner is prescribed; provision by law, for laying out two roads, agreeand, of course, the collectors have been left to ac-ably to the treaty with certain Indian tribes held cept of such proof as they deemed sufficient, or to at Brownstown in 1808. act under the directions of the Secretary of the Mr. RHEA called for the consideration of the On motion of Mr. MORROW, it was NOVEMBER, 1811. Expenditure of Public Money. resolution which he had laid upon the table a few days ago, for instructing the Committee of Commerce and Manufactures to inquire into the expediency of encouraging the manufacture of coarse hemp, flax, and cotton; which being agreed to, some desultory debate took place for and against agreeing to the resolution. It was objected to, because that committee had already the subject of manufactures generally referred to it, and it was unnecessary to give them any special instructions. In support of this resolution, it was said to be a common practice to send instructions to committees; that it had been done, a few days ago, to this committee, in relation to the encour agement of iron manufactures; that, without such special instructions, the committee might not have their attention called to the articles in question; and, besides this, it was wished that the House should, by such reference, evince their disposition to encourage the manufactures of our country. H. or R. following session of Congress, the person who was appointed chairman of the committee of the first session, was unable to attend; but it was a gratification to him to find, that the subject was taken up by an honorable colleague of his, to whom the State of Virginia had been more than once indebted for the luminous reports on her fiscal concerns; but nothing was effected. To show how different the information received was, from that asked for, Mr. R. proposed to read a short letter. The object of the committee was, to know in what way the Pursers of the Navy received their money, and what was the amount of their emoluments. The answer they received, stated "that the advances made to Pursers are by warrants drawn on the Treasury, sometimes by Navy agents," &c. We inquired, said he, what were their emoluments, other than those allowed by law? Answer; "they arise from a certain per centage upon slops detailed to the seamen.” ́ It may not be amiss, said Mr. R., to inform country gentlemen that, by slops, are meant ready-made clothing, &c. It was scarcely possible to have given a more evasive answer. We asked, What were their emoluments? They answer, "a certain per centage fixed by the department;" but what that per cent. was, the committee was left to find out by instinct. It had been understood en-that large sums of money were advanced to these Pursers, who laid it out in slops, which they re After the debate had progressed for some time, Mr. SMILIE moved that the resolution lie on the table, which was agreed to-ayes 69. The House went into a Committee, on motion of Mr. MORROW, on the bill extending the time for opening the land office in the Territory of Orleans. The Committee reported the bill without amendment, and it was ordered to be grossed for a third reading. On motion of Mr. FINDLEY, the following reso-tailed to the seamen at an advance, in some inlution was agreed to: Resolved, That the Committee of Elections be instructed to prepare and report a bill for regulating the proceedings, and taking evidence in cases of contested elections of members of this House. EXPENDITURE OF PUBLIC MONEY. Mr. RANDOLPH asked for the consideration of the resolution which he laid on the table some days ago, directing the appointment of a committee to inquire into the expenditure of public money; which, being agreed to, Mr. R. trusted there would be no difference of opinion as to the propriety of agreeing to this resolution. But, before the vote was taken, he would state to the House, by way of explanation, the result of a former inquiry. At the first session of the 11th Congress, a report of a committee was made, in part, on this subject. [This report Mr. R. read. It states that, owing to the shortness of the session, complete information on the subject could not be obtained.] As the session lasted but six weeks, the committee had no reason to complain that the information required was not obtained. An expectation was entertained that it would be given at the next session. But the committee have reason to complain that the information which was given, was altogether different from that which was asked. This was represented to the departments, and a more satisfactory report was promised at the ensuing session. Mr. R. said, the course pursued at the first session, under the present President, had been the same which was adopted at the close of Mr. Adams's Administration. At the 12th CoN. 1st SESS.-12 stances, of twenty per cent! This was a fact, Mr. R. said, which ought to be looked into. It was essential to the reputation of the Government, essential to its honor, indispensable to the fair fame of those who administer the finances of the United States, that abuses, such as these, should be probed to the quick, to show to the world, that, if we cannot govern the great beasts, the mammoths of the forest, we can, at least, poison the rats. And whose money, asked Mr. R, is this? It is the people's money; it comes from the pockets of the people of the United States. When he spoke of this abuse of public money, he wished no gentleman to understand him as speaking of the abuse under this, that, or the other President of the United States. He considered them all as of one description of people; and it was not less necessary to guard against abuses in a country where the President is elected by the people, than in a country where he is put over them. He would dare to question the infallibility of all, and look upon all with jealousy and distrust. He wished not, however, to be charged with that mistaken opposition to the Government, which determines to exhibit abuses for the sake of doing so; or with shutting his eyes to the abuses of Thomas, while they are open to the abuses of John. Mr. R. said, he had no interest, distinct from the interest of his country. With respect to princes and potentates, the only favor he had to ask of them, was, that they would keep their hands out of his pocket and off his person, and, to use a homely phrase, "if they would let him alone, he would let them alone." Under these circumstances, Mr. R. asked the H. of R. Commodore Whipple-Louisiana Territory. House if it were not necessary for a committee to be appointed to probe into this business? He wished to state, before he sat down, that he had learnt, soon after the present Secretary of the Navy came into office, the per centage of the Pursers was reduced from twenty to four or five per cent. The resolution was unanimously agreed to, and a committee of seven appointed, as follows: Messrs. RANDOLPH, GOLD, MCKIM, ROBERTS, JOHNSON, LAW, and WIDGERY. COMMODORE WHIPPLE. On motion of Mr. TALLMADGE, the House went into Committee of the Whole, on the bill for the relief of Abraham Whipple, late a Captain in the Navy of the United States. The Committee filled up the blanks, and reported the bill to the House. Some opposition was made to its passage, on the ground that, if any provision was made for those Revolutionary services, it ought to be done generally, and not select individual cases, when there were many others equally hard. In favor of the bill, it was said, this being the case of a sea-officer, for which no provision had been made at the close of the war, no injury could arise from the precedent; that it was a case similar to Commodore Hardie's, who had been allowed a pension from the fund which had been provided by law in 1800, from the Government's share of prizes taken at sea, from which this allowance was meant also to be taken. The bill was ordered to be engrossed-yeas 71, nays 34, as follows: YEAS-Stevenson Archer, John Baker, Josiah Bartlett, Burwell Bassett, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, William Butler, John C. Calhoun, Epaphroditus Champion, Langdon Cheves, Martin Chittenden, Matthew Clay, John Clopton, Thomas B. Cooke, John Davenport, jun., John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Ely, James Emott, James Fisk, Asa Fitch, Thomas Gholson, Thomas R. Gold, Peterson Goodwyn, Isaiah L. Green, John A. Harper, John P. Hungerford, Richard Jackson, jun., Joseph Kent, Abner Lacock, Lyman Law, Joseph Lewis, jun., Peter Little, Robert Le Roy Livingston, William Lowndes, William McCoy, Samuel McKee, James Milnor, Samuel L. Mitchill, Jeremiah Morrow, Jonathan O. Moseley, Hugh Nelson, Thomas Newton, Stephen Ormsby, Joseph Pearson, Israel Pickens, William Piper, Timothy Pitkin, jun., James Pleasants, jun., Peter B. Porter, William Reed, Henry M. Ridgely, John Sevier, Adam Seybert, Philip Stuart, Silas Stow, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Peleg Tallman, Uri Tracy, George M. Troup, Pierre Van Cortlandt, Laban Wheaton, Leonard White, Thomas Wilson, Richard Winn, and Robert Wright-71. NAYS-Willis Alston, William Anderson, Daniel Avery, Ezekiel Bacon, William W. Bibb, Thomas Blount, Adam Boyd, Elijah Brigham, Robert Brown, William A. Burwell, William Crawford, Roger Davis, William Findley, Meshack Franklin, Bolling Hall, Obed Hall, Aylett Hawes, Jacob Hufty, John M. Hyneman, William R. King, Joseph Lefever, Aaron Lyle, Nathaniel Macon, Thomas Moore, Alexander McKim, Arunah Metcalf, James Morgan, Josiah Quincy, John Rhea, Jonathan Roberts, Ebenezer Sage, Ebenezer NOVEMBER, 1811. Seaver, John Smilie, George Smith, John Smith, Richard Stanford, Charles Turner, jun., Robert Whitehill, and David R. Williams-34. Mr. DAWSON observed that, as there appeared a large majority in favor of this claim, he would offer a resolution. which he hoped would be acceptable to the House: Resolved, That a committee be appointed to inquire into the expediency of making provision by law for the relief of infirm and superannuated officers and soldiers of the late Revolutionary army, and of the present Army of the United States, and report by bill or otherwise." Ordered to lie on the table. TUESDAY, November 19. Mr. GHOLSON and Mr. SAGE were appointed on the Committee of Claims, in the room of Mr. BASSETT and Mr. BUTLER, who were excused from serving on that committee. Mr. JENNINGS offered the following resolution to the consideration of the House, which was agreed to: Resolved, That the Committee on Public Lands be and they are hereby directed to inquire into the expediency of attaching to the district of Jeffersonville, so much of the lands ceded to the United States at Fort Wayne, on the 30th of September, 1809, as lies adjoining to the said district, and east of the second principal meridian established in the Indiana Territory. Mr. SEAVER presented a petition from certain merchants of Massachusetts, and Mr. PITKIN from others of Connecticut, praying for leave to import goods ordered from England before the President's proclamation was issued.-Referred to the Committee of Commerce and Manufactures. The following engrossed bills were read a third time and passed, viz: A bill to extend the time for opening the several land offices established in the Territory of Orleans; and a bill for the relief of Abraham Whipple, late a captain in the Navy of the United States. Mr. DAWSON called up for consideration the resolution which he yesterday laid upon the table. for appointing a select committee to inquire into the expediency of making' provision by law for infirm, disabled, and superannuated officers and soldiers of the Revolutionary and present Army. It was considered and agreed to, without a division. The committee consists of seven members, viz: Mr. DAWSON, Mr. BLOUNT, Mr. BUTLER, Mr. DAVENPORT, Mr. ORMSBY, Mr. GOLD, Mr. FISK. TERRITORY OF LOUISIANA. a Committee of the Whole, on the bill for the On motion of Mr. RHEA, the House went into Bill being read by paragraphs, Mr. Fisk moved to government of the Territory of Louisiana. The strike out the words in the fifth section of the bill, which makes it necessary for persons to be in possession of a freehold to have a right to vote. This motion was opposed by Mr. RANDOLPH, on principle, in a speech of considerable length, in which he advocated the freehold qualification for voters. |