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JANUARY, 1812.

Proceedings.

SENATE.

A.

severe restrictions; but the precise extent and nature master's department," with amendments; in which of them is not distinctly known to this Department. they request the concurrence of the Senate. The instructions of the Minister of the United States The amendments to the bill last mentioned at Paris embracing this as well as other subjects, com- were read; and ordered to be printed for the use munications from that source may soon furnish more of the Senate. particular information. An expectation of the speedy

The bill last brought up for concurrence was arrival of despatches from France, together with a hope read, and passed to the second reading. that the French Consul General would have been enabled to throw some light upon the inquiry, have caused

On motion, the bill was read the second time, the postponement of this report until the present time.

by unanimous consent, and referred to a select JAMES MONROE.

committee, to consist of five members, to consider and report ihereon; and Messrs. FRANKLIN, VAR-NUM, ANDERSON, Bradley, and Smith of Mary

land, were appointed the committee. DEPARTMENT OF STATE, Jan. 4, 181%. Mr. GOODRICH, from the committee to whom Sır: When I did myself the honor to submit to you was referred the bill, entitled "An act to empowe a copy of the resolution of the Senate of the United

er the Secretary of the Treasury to decide on the States, of the 18th of November last, asking informa- case of the ship Eliza Ann, belonging to Ezekiel tion as to the commercial regulations of France, as they Hubbel,” reported it with amendments; which applied to the trade of this country, you told me that

were read. it was not then in your power to give precise information as to these regulations, but that you would obtain PRESIDENT OF THE UNITED States:

The following Message was received from the it for me from Mr. Lescallier, His Imperial Majesty's Consul General in Philadelphia. I have now the honor To the Senate and House of to inquire whether Mr. Lescallier has made a report to Representatives of the United States : you on this subject; and if he has, to request that you

I lay before Congress a letter from the Envoy Extrawill furnish me with the result, as soon as your con ordinary and Minister Plenipotentiary of Great Britain venience will permit. I have the honor, &c.

to the Secretary of State, with the answer of the latter. JAMES MONROE.

JAMES MADISON. Mr. SERRURIBR, &c.

Washingtoy, January 17, 1812.

The Message and documents enclosed were B.

read. WASHINGTON, January 5, 1812. SIR: The documents for which the Senate called

MONDAY, January 20. upon you not being in my possession, in consequence of the desire you manifested to obtain them from me, Rice Jones, Henry Austin, and others, in a com

The bill to incorporate Moses Austin, John I charged the Consul General to procure them for me. I have not yet received his answer. It would not be pany, was read the second time, and the further extraordinary if Mr. Lescallier should not have the consideration thereof made the order of the day tariff, inasmuch as it is of little use to the French in for Monday next. this country. But I wrote to Paris at the time of our The Senate resumed the consideration of the first conversation on this subject.

amendments by the House of Representatives to I will immediately renew my application to the Con- the bill, entitled “ An act for the establishment sul General, and from whatever source I may derive the of a quartermaster's department;" and the furinformation required, I will hasten to transmit it to you. ther consideration thereof was postponed to, and

I beg you, sir, to receive the assurance of my high made the order of the day fur, Wednesday next. consideration.

The Minister of France : SERRURIER. Mr. Monroe, &c.

Tuesday, January 21. The Message and report were read.

The PRESIDENT communicated the report of the Secretary for the Department of the Treasury,

agreeably to the resolution of the Senate of the Friday, January 17.

13th instant, "requiring a statement of the quanMr. Bradley, from the committee appointed tity of rum imported into the United States duron the petition of Moses Austin and John R. ing the year ending September 30, 1810;" and Jones, reported a bill to incorporate Moses Aus- the report was read. tin, John Rice Jones, Henry Austin, and others, The PRESIDENT also communicated the report into a company, by the name of the Louisiana of the Secretary for the Department of War, in Lead Company; and the bill was read, and passed compliance with the fifth section of the act to to the second reading.

regulate and fix the compensation of clerks, passed A message from the House of Representatives the 21st of April, 1806, exhibiting the names of informed the Senate that the House have passed the clerks employed in the Department in the a bill, entitled " An act authorizing the President year 1811,, with the sums allowed to each; and of the United States to accept and organize cer- the report was read. tain volunteer military corps ;" in which they The Senate resumed, as in Committee of the request the concurrence of the Senate. They Whole, the bill to regulate the collection of duhave passed the bill sent from the Senate, entities on imports and tonnage, together with the iled "An act for the establishment of a quarter- l amendments proposed thereto;" and, on the ques

sec

Senate.

Proceedings.

JANUARY, 1812. tion to agree to the amendment to be inserted at of Canada and Nova Scotia,” was read the the end of the fourteenth line, in the following ond time. words: .“ unless the claimant or claimants shall Mr. Gilman, from the committee, reported the • solemnly swear, or affirm, before the collector of amendments to the bill, entitled "An act to em'the port where the property may be, that the power the Secretary of the Treasury to decide on ' invoice or invoices have neither been received ihe case of the ship Eliza Ann, belonging to Eze

by him or them, por by any other person for his kiel Hubbel,” correctly engrossed; and the bill . or their use or behalf:" it was determined in was read the third tinie as amended. the affirmative-yeas 21, pays 1, as follows: Resolved, That this bill pass with amendments,

Yeas-Messrs. Bibb, Bradley, Cutts, Franklin, Gail- and that the title thereof be “An act to empower lard, German, Gilman, Goodrich, Horsey, Howell, the Secretary of the Treasury to decide on the Hunter, Lambert, Leib, Lloyd, Reed, Smith of Mary- case of the ship Eliza Ann, belonging to Ezekiel land, Smith of New York, Tait, Taylor, Varnum, and Hubbel, and the case of the ship Mary and FranWorthington.

ces, belonging to Nathaniel Goddard. Nar-Mr. Campbell, of Tennessee.

Mr., Gilman, from the committee, reported the And the bill having been further amended, the bill supplementary to the act, entitled "An act to PRESIDENT reported it to the House accordingly: regulate the collection of duties on imports and On the question, Shall this bill be engrossed, and tonnage," correctly engrossed ; and the bill was read a third time as amended? it was determined read the third time, and the further consideration in the affirmative.

thereof postponed until Monday next. The Segate resumed, as in Committee of the Mr. FRANKLIN communicated a letter from the Whole, the bill, entitled "An act to empower the Governor of the State of North Carolina, with Secretary of the Treasury to decide on the case an authenticated copy of an aet of the General of the ship Eliza Ano, belonging to Ezekiel Hub- Assembly of that State, ratifying an amendment' bel," together with the amendments reported to the Constitution of the United States, proposed thereto by the select committee; and having by Congress to the Legislatures of the several agreed to the amendments, the PRESIDENT re- States, relative to titles of nobility; and the letter ported the bill to the House accordingly.

and act were read. On the question, Shall this bill be read a third Mr. BAYARD, from the committee appointed to time as amended ? it was determined in the af- consider the subject, reported a bill to promote firmative.

the progress of science and useful arts by securOn motion, by Mr. SMITH, of Maryland, it was ing, for a limited time, to inventors, the exagreed that the bill to prohibit the importation of clusive right to their respective discoveries ; rum, taffia, or other spirituous liquor distilled and the bill was read, and passed to the second from the sugar cane, sugar, or molasses, during reading, the continuance of the act, entitled "An act con- The Senate resumed the motion made yester. cerning the commercial intercourse between the day by Mr. Reed; and the motion having been United States and Great Britain and France, and amended, the further consideration thereof was their dependencies, and for other purposes," be postponed to, and made the order of the day for, made the order of the day for to morrow. ihe second Monday in February next.

Mr. BRADLEY, from the committee to whom The following Message was received from the was referred the petition of Charlotte Hazen, re: President OF THE UNITED States: ported a bill supplementary to the act, entitled To the Senate and House of "An act regulating the grants of land appropri- Representatives of the United States : ated for the refugees from the British provinces At the request of the Legislature of New Jersey, I of Canada and Nova Scotia ;" which was passed communicate to Congress copies of its resolutions transto the second reading,

mitted by the Governor of that State. Mr. Reed submitted the following motion for

JAMES MADISON, consideration :

JANUARY 22, 1812. Resolved, That the Secretary of the Treasury be

The Message and resolutions therein' referred directed to lay before this House a statement, so far to were read. as the same may be practicable, exhibiting the number of ships and vessels, and the amount of tonnage, and

THURSDAY, January 23. the several kinds of merchandise, being of the growth, produce, or manufacture of the United States or Ter

The Senate resumed the consideration of the ritories thereof, exported from thence to any port or amendments of the House of Representatives to . place in France subsequent to the repeal of the Berlin the bill, entitled " An act for the establishment of and Milan decrees ; stating distinctly the duties pay- a quartermaster's department;" and the further able in the ports of France on each article, before and consideration thereot' was postponed until tosince the repeal of said decrees.

The Senate resumed, as in Committee of the

Whole, the bill in addition to the act, entitled WEDNESDAY, January 22.

“An act supplementary to the act, entitled 'An The bill supplemementary to the act, entitled act concerning the commercial intercourse be"An act regulating the grants of land appropri- iween the United States and Great Britain and ated for the refugees from the British provinces France, and their dependencies, and for other pur

morrow.

JANUARY, 1812.

Proceedings.

Senate.

poses,” together with the amendment proposed ; merce and seamen of the United States against and, having agreed thereto, the PRESIDENT re- the Barbary Powers," reported it without amendported the bill to the House accordingly. ment, and the bill was ordered to the third

On the question, Shall this bill be engrossed, reading. and read a third time as amended ? it was deter- Mr. FRANKLIN, from the committee to whom mined in the affirmative.

was referred the bill

, entitled " An act authorizing The Senate resumed, as in Committee of the the President of the United States to accept and Whole, the bill to prohibit the importation of organize certain volunteer military corps,” rerüm, taffia, or other spirituous liquor distilled from ported the bill with 'amendments; which were sugar-cane, sugar, or molasses, during the contin read, and the further consideration ihereof made uance of the act, entitled "An act concerning the order of the day for to-morrow. the commercial intercourse between the United Mr. BAYARD, from the committee to whom was States and Great Britain and France, and their referred the petition of the President and Trustees dependencies, and for other purposes;" and the bill of the Philadelphia and Wilmington Steamboat having been amended, the PRESIDENT reported it Company, reported a bill respecting the enrolling to the House accordingly.

and licensing of steamboats; and the bill was read, On the question, Shall this bill be engrossed, and passed to the second reading: and read a third time as amended ? it was deter- The Senate resumed the consideration of the mined in the negative.

bill supplementary to the act, entitled “ An act to regulate the collection of duties on imports and

tonnage." Friday, January 24.

On motion, by Mr. BAYARD, the bill was reThe Senate resumed the consideration of the committed to a select committee, further to conamendments of the House of Representatives to sider and report thereon ; and Messrs. BAYARD, the bill, entitled “ An act for the establishment of LLOYD, and Taylor, were appointed the coma quartermaster's department; and the further mittee.' consideration thereof was postponed to, and made The Senate resumed the consideration of the the order of the day for, Monday nexi.

amendments of the House of Representatives to The bill to promote the progress of science and the bill, entitled "An act for the establishment of useful arts by securing, for a limited time, to in- a quartermaster's department." ventors, the exclusive right to their respective On motion, by Mr. LEIB, the bill, together with discoveries, was read the second time, and made the amendments, was tecommitted to a select the order of the day for Monday next.

committee, to consider and report thereon; and Mr. Gilman, from the committee, reported the Messrs. Smith, of Maryland, Giles, and Leib, bill in addition to ihe act, entitled “ An act sup- were appointed the committee. plementary to the act, entitled 'An act concern- The PRESIDENT communicated a letter from ing the commercial intercourse between the Uni, the Secretary for the Department of Treasury, ted States and Great Britain and France, and transmitting a statement of the moneys expended their dependencies, and for other purposes,” cor-during the year 1811, for the discharge of miscelrectly engrossed. And, on motion by Mr. Lloyd, laneous claims not otherwise provided for, and a the further consideration thereof was postponed statement of the contracts made during that year, until Tuesday next.

by or under the direction of the Secretary of the Mr. LLOYD presented the memorial of Board- Treasury; and the letter and accompanying docman and Pope, and others, citizens of the United uments were read. States and residents of Boston, in the State of Massachusetts, representing that they are owners of the ship American Hero and her cargo, con

Tuesday, January 28. sisting of the products of India, purchased at The bill respecting the enrolling and licensing Madras and Calcutta, not being informed of the of steamboats was read the second time. passing and enforcement of the non-importation

-The Senate resumed the consideration of the act, by which their said ship, with her cargo, is bill in addition to the act, entitled " An act supnow prohibited from entering the ports of the plementary to the act, entitled 'An act concernUnited States, and praying she may be permitted ing the commercial intercourse. between the Unito return to Boston with her cargo, for reasons ted States and Great Britain and France, and stated at large in the memorial; which was read, their dependencies, and for other purposes ;" and and referred to the committee appointed on the the bill was read the third time. 26th of November, on the memorial of Howard,

On motion, by Mr. Gilman, to postpone the Fitch, and Lloyd, to consider and report thereon further consideration of the bill to the first Monby bill or otherwise.

day in June next, it was determined in the nega

tive-yeas 10, nays 19, as follows: MONDAY, January 27.

Yeas—Messrs. Bayard, Bradley, German, Gilman,

Goodrich, Horsey, Hunter, Lloyd, Reed, and Tait. Mr. BRADLEY, from the committee to whom Nars-Messrs. Anderson, Bibb, Condit, Crawford, was referred the bill, entitled "An act to continue Franklin, Gaillard, Giles, Gregg, Howell, Lambert, in force for a further time the first section of the Leib, Pope, Smith of Maryland, Smith of New York, act, entitled 'An act further to protect the com-] Taylor, Turner, Varnum, and Worthington.

SENATE.

Additional Military Force.

JANUARY, 1812.

On motion, by Mr. LLOYD, 10 postpone the fur- not be raised; and if raised, from the short period ther consideration of the bill to the first Monday of its service, in the eveni of serious hostilities, in March next, it was determined in the affirma. would be utterly incompetent to effect the objects tivemycas 27, pays 2, as follows:

of those hostilities. The bill would be inoperaYEAS-Messrs. Anderson, Bayard, Bibb, Bradley, live, because, in the States of Massachusetts and Condit, Crawford, Cutts, Franklin, Gaillard, German, Vermont, (and be presumed in other States,) no Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hun-power or provision existed by which these volter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Mary-Junieers could be commissioned, so as to perform land, Smith of New York, Tait, Taylor, and 'Turner. the contemplated service; and if the Government

NAYS—Messrs. Varnum and Worthington. were deprived of the volunteers in Massachusetts

Mr. Worthington, from the committee ap- and Vermont, he did not know where they could pointed on the subject, reported a bill establish- obtain volunteers for the object which he believed ing a land office; and the bill was read, and all branches of the Government had in view. He passed to the second reading.

presumed that the system of volunteers was the The bill, entitled "An act to continue in force favorite system of the Government; and this he for a further time the first section of the act, en ipferred from their having recommended to the titled 'An act further to protect the commerce Other House the raising of ten thousand regulars and seamen of the United States against the Bar-only, and from the Message of the President, sent bary Powers," was read the third time, and passed. in after both Houses had passed the bill for rais

The Senate resumed, as in Commitee of the ing twenty-five thousand regulars, and communiWhole, the consideration of the bill, entitled "An cating the correspondence between Mr. Foster and act authorizing the President of the United States Mr. Monroe, as a ground for urging Congress 10 to accept and organize certaio volunteer military persevere in the preparations they were engaged corps," logether with the amendments reported in making. The President must, therefore, have therelo by the select committee; and the further deemed a volunteer force essential for the conconsideration thereof was postponed to, and made templated service.

And here he observed he the order of the day for, to-morrow.

thought, if his correspondence with the British On motion, by Mr. BRADLEY, the bill supple- Envoy, which afforded evidence of "continued mentary to the act, entitled "An act regulating hostility” towards us, furnished matter of suffithe grants of land appropriated for the refugees cient importance to press upon Congress the utilfrom the British Provinces of Canada and Nova ity of hastening their measures of preparation, Scotia." was recommitted to a select committee, that the other business of the Department of State further to consider and report thereon; and Messrs. might have been allowed to repose long enough Bradley, Franklin, and Gregg, were appointed for a reply to have been made to Mr. Foster, bethe committee.

foré pearly a month nad elapsed after the date of

his letter. He did not advert to this circumstance WEDNESDAY, January 29.

from any want of respect to this Government:

he should always treat them with the highest The bill establishing a land office was read the respect. He should prefer the reduction of the second time.

number of the volunteers to twenty-five thousand, A message from the House of Representatives rather than the retention of the fifty thousand, informed the Senate that the House have passed because it would increase the momentum of acthe bill, entitled "An act concerning the Naval tual force, and decrease the expenses, about which Establishment,” in which they request the concur- so much has been said. Surely, he said, he did rence of the Senate.

not mean that it would not increase the momenMr. LEIBỊ presented the memorial of Matthew tum of force proposed by the other House, but that M'Connell and others, a committee on behalf of proposed by ihe Executive, The Executive had the surviving officers of the Pennsylvania line of asked for ien thousand regulars, and ifty thouthe Revolutionary army, praying the immediate sand volunteers—in all, sixty thousand men. The decision of Congress on the application of the other House had agreed to give bim eighty-five said officers for remuneration for rvices during thousand. The proposed amendment would, the said war; and the memorial was read. therefore, bring the quantum of force down nearADDITIONAL MILITARY FORCE.

ly to the Executive requisition. But the bill pro

posed a force which would be utterly inefficient, The Senate resumed, as in Committee of the as all other volunteer bills had been. The returns Whole, the consideration of the bill, entitled "An under the thirty thousand volunteer law, passed act authorizing the President of the United Staies iwo or three years ago, were so few, that the Secto accept and organize certaia volunteer military relary of War did not register them. He asked, corps," together with the amendments reported how efficient could that species of force be, of thereto by the select committee.

which the Chief Magistrate did not think it worth Mr. Giles rose and opposed at length the bill while to have a record kept! It was only a foras it came from the House, reserving to himself midable display of armies on paper-a tender of the privilege of acting on the proposed amend services—which only produced very handsome ment according to the resuli of further reflections. replies from the President. He did 'not censure He believed the bill would be productive of no the Secretary of War or tbe President; very far practical efficacy. It proposed a force which could I from it; the defect had been in the law. He bege

JANUARY, 1812.

Additional Military Force.

SENATE.

ged gentlemen to look seriously at the subject. himself, and not the measures, constitute the test If a war should ensue, it must be a serious one. of their wisdom. He never would abandon him. The responsibility attached to Congress of placing self. to such a principle; and in supporting any an adequate force in the hands of the President measure, should follow the dictates of his own for the war. But, if they passed a law which judgment, if he stood alone and were certain of would give the President only a nominal force, being overwhelmed by popular clamor. He could totally incompetent to effect any desirable object, rely upon his own judgment; but he could not he, for one, sbould be unwilling to take any share upon popular opinion, which was as variable as of responsibility on himself.

the wind. But though he had thus condemned Mr. G. said, he had been reproached the other the authority of names, he would shelter himself day with a preserence of regulars 10 volunteers ; under a great name, on the occasion. In his and volunteers were said to be more congenial to youthful political days, he did not now hesitate to the Constitution than regular armies. He said confess, he had distrusted General Washington as that volunteers were not mentioned in the Con- a stalesman, he had never doubled his patriotism, stitution at all—they had never been recommend / or his talents as a soldier. But when he had felt a ed by General WASHINGTON, and no law had been want of confidence in this great man, as statespassed to raise volunteers, until the year after that man, he had little experience; he was surrounded great man left the Administration. They were by visionary theories; but from further experian invention, a theory of modern days. The ence, further information, and further reflection, Constitution bad authorized armies without re- although he was not prepared to subscribe to all the striction; the only restriction at least, was to the measures of that gentleman's administration, he time for which appropriation for their support was fearful that," take him all in all, we shall never could be niade. And with respect to the assertion see his like again." that the Constitation never meanito sanction the Here Mr. G. made various quotations from idea of offensive war, he asked whether it could Marshall's Life of Washington," to show that not, for one moment, be supposed that the wise fra- trom the commencement to the end of the Revomers of that instrument, knew that Canada and lutionary war,our illustrious Commander-in-Chief Florida existed on our borders? He said those vir was convinced of the fatal impolicy of short entuous and patriotic men had too much wisdom listments; that he was urgeni in pressing upon to restrict Congress to defensive war, The idea Congress the necessity ef changing their plan, in was absurd; it was one of the fruitful visionary this respect; and that he imputed the loss and nolions of the day. Mr. G. objected to this bill, failure of the expedition of the brave Montgombecause he feared it was intended to supersede the ery against Quebec, and various other disasters, army. Before he proceeded to demonstrate its to the same pernicious principle of short enlistinefficiency, and the impolicy of short enlistments, ments. Indeed, said Mr. G., it appears, from this he would notice one or two circumstances con- history, that short enlistments of our regular nected with the proceedings at this session. He troops had very nigh strangled our independence knew that the world had been very busy in ascri- in its eradle; nothing but a divine interposition bing to him motives of hostility to the Adminis- could have enabled us, under all circumstances, to tration. What was the fact? The measures have achieved it. He treated the.fears of danger which he had advocated would protect ihe Ad- to our liberties, from a regular force of thirty-five ministration. The time was coming when its thousand men, as perfectly visionary; and all the character would be tested ; and surely efficient quotations which had been drawn from history to measures, for trying times, would best bring its show the dangers of standing armies were inapreal character to light. But the language which plicable to the United States. Of whom could our had been indulged in abroad, and here too, was army be composed ? of officers and men who calculated to subvert the freedom of discussson were born and raised in the love of liberty; but, aod deliberation in this body. If a legislature supposing they should turn their arms against were of any use at all, it was to exercise its own their country, could gentlemen seriously apprejudgment, and aid the other functionaries of the bend so much danger, when the United Siates Government, according to the best result of that had a military force of six hundred thousand judgment, formed upon a mature deliberation. men, with arms in their hands? Was this the Desert the standard of your own judgment, Mr. case with the States of Greece; or with France, President, and where will you find fidelity in any when Bonaparte usurped the Government? Cerother standard ? You are always certain that it tainly not. The body of the people in Grecce is faithful; but you are not so with respect to the were slaves. The people of France did not unjudgment of your friends. He disclaimed the idea derstand what liberty was; they had, besides, of subscribing to the infallibility of any men. seen blood stream from the beginning to the

If such doctrine can be adopted it was only ne end of the Revolution; they therefore made no recessary for this, or that man, to point to his fa-sistance to usurpation and a change of Governvorite' measures, and they must be agreed to, ment; they had no arms in their hands; the Pariwhether right or wrong. He had always un-sian mob were only to be gained over to the usurderstood the favorite motto of the Republicans to per, and things were settled. be" measures and not men." but this doctrine is [For a full report of this speech of Mr. Giles, now inverted. You have only to look at the man, see Supplemental Speeches at the end of the voland applaud or condemn the measures. The man ume.]

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