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severe restrictions; but the precise extent and nature of them is not distinctly known to this Department. The instructions of the Minister of the United States at Paris embracing this as well as other subjects, communications from that source may soon furnish more particular information. An expectation of the speedy arrival of despatches from France, together with a hope

that the French Consul General would have been ena

bled to throw some light upon the inquiry, have caused the postponement of this report until the present time. JAMES MONROE.

A.

DEPARTMENT OF STATE, Jan. 4, 1812. SIR: When I did myself the honor to submit to you a copy of the resolution of the Senate of the United States, of the 18th of November last, asking information as to the commercial regulations of France, as they applied to the trade of this country, you told me that it was not then in your power to give precise information as to these regulations, but that you would obtain it for me from Mr. Lescallier, His Imperial Majesty's Consul General in Philadelphia. I have now the honor to inquire whether Mr. Lescallier has made a report to you on this subject; and if he has, to request that you will furnish me with the result, as soon as your convenience will permit. I have the honor, &c.

Mr. SERRURIER, &c.

B.

JAMES MONROE.

WASHINGTON, Jánuary 5, 1812. SIR: The documents for which the Senate called upon you not being in my possession, in consequence of the desire you manifested to obtain them from me, I charged the Consul General to procure them for me. I have not yet received his answer. It would not be extraordinary if Mr. Lescallier should not have the tariff, inasmuch as it is of little use to the French in this country. But I wrote to Paris at the time of our first conversation on this subject.

I will immediately renew my application to the Consul General, and from whatever source I may derive the information required, I will hasten to transmit it to you. I beg you, sir, to receive the assurance of my high

consideration.

The Minister of France:

Mr. MONROE, &c.

SERRURIER.

The Message and report were read.

FRIDAY, January 17.

Mr. BRADLEY, from the committee appointed on the petition of Moses Austin and John R. Jones, reported a bill to incorporate Moses Austin, John Rice Jones, Henry Austin, and others, into a company, by the name of the Louisiana Lead Company; and the bill was read, and passed to the second reading.

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master's department," with amendments; in which they request the concurrence of the Senate.

The amendments to the bill last mentioned were read; and ordered to be printed for the use of the Senate.

The bill last brought up for concurrence was read, and passed to the second reading.

by unanimous consent, and referred to a select On motion, the bill was read the second time, committee, to consist of five members, to consider and report thereon; and Messrs. FRANKLIN, VARNUM, ANDERSON, BRADLEY, and SMITH of Maryland, were appointed the committee.

Mr. GOODRICH, from the committee to whom was referred the bill, entitled "An act to empower the Secretary of the Treasury to decide on the case of the ship Eliza Ann, belonging to Ezekiel Hubbel," reported it with amendments; which

were read.

PRESIDENT OF THE UNITED STATES:
The following Message was received from the
To the Senate and House of

Representatives of the United States:

I lay before Congress a letter from the Envoy Extraordinary and Minister Plenipotentiary of Great Britain to the Secretary of State, with the answer of the latter. JAMES MADISON.

WASHINGTON, January 17, 1812. The Message and documents enclosed were read.

MONDAY, January 20.

Rice Jones, Henry Austin, and others, in a comThe bill to incorporate Moses Austin, John pany, was read the second time, and the further consideration thereof made the order of the day for Monday next.

The Senate resumed the consideration of the amendments by the House of Representatives to the bill, entitled "An act for the establishment of a quartermaster's department ;" and the further consideration thereof was postponed to, and made the order of the day for, Wednesday next.

TUESDAY, January 21.

The PRESIDENT communicated the report of the Secretary for the Department of the Treasury, agreeably to the resolution of the Senate of the 13th instant, "requiring a statement of the quantity of rum imported into the United States during the year ending September 30, 1810;" and the report was read.

The PRESIDENT also communicated the report of the Secretary for the Department of War, in compliance with the fifth section of the act to regulate and fix the compensation of clerks, passed the 21st of April, 1806, exhibiting the names of the clerks employed in the Department in the year 1811, with the sums allowed to each; and the report was read.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the President of the United States to accept and organize certain 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 tled "An act for the establishment of a quarter- amendments proposed thereto;" and, on the ques

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of Canada and Nova Scotia," was read the second time.

Mr. GILMAN, from the committee, reported the amendments to the bill, entitled "An act to empower the Secretary of the Treasury to decide on the case of the ship Eliza Ann, belonging to Ezekiel Hubbel," correctly engrossed; and the bill was read the third time as amended,

tion to agree to the amendment to be inserted at the end of the fourteenth line, in the following words: unless the claimant or claimants shall 'solemnly swear, or affirm, before the collector of the port where the property may be, that the invoice or invoices have neither been received 'by him or them, nor by any other person for his " or their use or behalf:" it was determined in the affirmative-yeas 21, nays 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 Worthington.

NAY-Mr. Campbell, of Tennessee.

And the bill having been further amended, the PRESIDENT reported it to the House accordingly. On the question, Shall this bill be engrossed, and read a third time as amended? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act to empower the Secretary of the Treasury to decide on the case of the ship Eliza Ann, belonging to Ezekiel Hubbel," together with the amendments reported thereto by the select committee; and having agreed to the amendments, the PRESIDENT reported the bill to the House accordingly.

On the question, Shall this bill be read a third time as amended? it was determined in the firmative.

Hubbel, and the case of the ship Mary and Frances, belonging to Nathaniel Goddard."

Mr., GILMAN, from the committee, reported the bill supplementary to the act, entitled "An act to regulate the collection of duties on imports and tonnage," correctly engrossed; and the bill was read the third time, and the further consideration thereof postponed until Monday next.

Mr. FRANKLIN communicated a letter from the Governor of the State of North Carolina, with an authenticated copy of an act of the General Assembly of that State, ratifying an amendment to the Constitution of the United States, proposed by Congress to the Legislatures of the several States, relative to titles of nobility; and the letter

and act were read.

Mr. BAYARD, from the committee appointed to af-consider the subject, reported a bill to promote the progress of science and useful arts by securing, for a limited time, to inventors, the exclusive right to their respective discoveries; and the bill was read, and passed to the second reading.

On motion, by Mr. SMITH, of Maryland, it was agreed that the bill to prohibit the importation of rum, taffia, or other spirituous liquor distilled from the sugar cane, sugar, or molasses, during the continuance of the act, entitled "An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," be made the order of the day for to morrow.

Mr. BRADLEY, from the committee to whom was referred the petition of Charlotte Hazen, reported a bill supplementary to the act, entitled "An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia ;" which was passed to the second reading.

Mr. REED submitted the following motion for consideration:

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Resolved, That the Secretary of the Treasury be directed to lay before this House a statement, so far as the same may be practicable, exhibiting the number of ships and vessels, and the amount of tonnage, and the several kinds of merchandise, being of the growth, produce, or manufacture of the United States or Territories thereof, exported from thence to any port or place in France subsequent to the repeal of the Berlin and Milan decrees; stating distinctly the duties payable in the ports of France on each article, before and since the repeal of said decrees.

WEDNESDAY, January 22.

The bill supplemementary to the act, entitled "An act regulating the grants of land appropriated for the refugees from the British provinces

The Senate resumed the motion made yesterday by Mr. REED; and the motion having been amended, the further consideration thereof was postponed to, and made the order of the day for, the second Monday in February next.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:
At the request of the Legislature of New Jersey, I
communicate to Congress copies of its resolutions trans-
mitted by the Governor of that State.
JAMES MADISON.

JANUARY 22, 1812. The Message and resolutions therein referred to were read.

THURSDAY, January 23.

The Senate resumed the consideration of the amendments of the House of Representatives to the bill, entitled "An act for the establishment of a quartermaster's department;" and the further consideration thereof was postponed until to

morrow.

The Senate resumed, as in Committee of the Whole, the bill in addition to the act, entitled "An act supplementary to the act, entitled 'An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other pur

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poses," together with the amendment proposed; and, having agreed thereto, the PRESIDENT reported the bill to the House accordingly.

On the question, Shall this bill be engrossed, and read a third time as amended? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill to prohibit the importation of rum, taffía, or other spirituous liquor distilled from sugar-cane, sugar, or molasses, during the continuance of the act, entitled "An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes;" and the bill having been amended, the PRESIDENT reported it to the House accordingly.

On the question, Shall this bill be engrossed, and read a third time as amended? it was determined in the negative.

FRIDAY, January 24.

The Senate resumed the consideration of the amendments of the House of Representatives to the bill, entitled "An act for the establishment of a quartermaster's department; and the further consideration thereof was postponed to, and made the order of the day for, Monday next.

The bill to promote the progress of science and useful arts by securing, for a limited time, to inventors, the exclusive right to their respective discoveries, was read the second time, and made the order of the day for Monday next.

Mr. GILMAN, from the committee, reported the bill in addition to the act, entitled "An act supplementary to the act, entitled 'An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," correctly engrossed. And, on motion by Mr. LLOYD, the further consideration thereof was postponed until Tuesday next.

Mr. LLOYD presented the memorial of Boardman and Pope, and others, citizens of the United States and residents of Boston, in the State of Massachusetts, representing that they are owners of the ship American Hero and her cargo, consisting of the products of India, purchased at Madras and Calcutta, not being informed of the passing and enforcement of the non-importation. act, by which their said ship, with her cargo, is now prohibited from entering the ports of the United States, and praying she may be permitted to return to Boston with her cargo, for reasons stated at large in the memorial; which was read, and referred to the committee appointed on the 26th of November, on the memorial of Howard, Fitch, and Lloyd, to consider and report thereon by bill or otherwise.

MONDAY, January 27.

Mr. BRADLEY, from the committee to whom was referred the bill, entitled "An act to continue in force for a further time the first section of the act, entitled 'An act further to protect the com

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merce and seamen of the United States against the Barbary Powers," reported it without amendment, and the bill was ordered to the third reading.

Mr. FRANKLIN, from the committee to whom was referred the bill, entitled "An act authorizing the President of the United States to accept and organize certain volunteer military corps," reported the bill with amendments; which were read, and the further consideration thereof made the order of the day for to-morrow.

Mr. BAYARD, from the committee to whom was referred the petition of the President and Trustees of the Philadelphia and Wilmington Steamboat Company, reported a bill respecting the enrolling and licensing of steamboats; and the bill was read, and passed to the second reading.

The Senate resumed the consideration of the bill supplementary to the act, entitled "An act to regulate the collection of duties on imports and tonnage."

On motion, by Mr. BAYARD, the bill was recommitted to a select committee, further to consider and report thereon; and Messrs. BAYARD, LLOYD, and TAYLOR, were appointed the committee.

The Senate resumed the consideration of the amendments of the House of Representatives to the bill, entitled "An act for the establishment of a quartermaster's department."

On motion, by Mr. LEIB, the bill, together with the amendments, was recommitted to a select committee, to consider and report thereon; and Messrs. SMITH, of Maryland, GILES, and LEIB, were appointed the committee.

The PRESIDENT communicated a letter from the Secretary for the Department of Treasury, transmitting a statement of the moneys expended during the year 1811, for the discharge of miscellaneous claims not otherwise provided for, and a statement of the contracts made during that year, by or under the direction of the Secretary of the Treasury; and the letter and accompanying documents were read.

TUESDAY, January 28.

The bill respecting the enrolling and licensing of steamboats was read the second time.

"The Senate resumed the consideration of the

bill in addition to the act, entitled "An act supplementary to the act, entitled 'An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes;" and the bill was read the third time.

On motion, by Mr. GILMAN, to postpone the further consideration of the bill to the first Monday in June next, it was determined in the negative-yeas 10, nays 19, as follows:

YEAS-Messrs. Bayard, Bradley, German, Gilman, Goodrich, Horsey, Hunter, Lloyd, Reed, and Tait.

NAYS-Messrs. Anderson, Bibb, Condit, Crawford, Franklin, Gaillard, Giles, Gregg, Howell, Lambert, Leib, Pope, Smith of Maryland, Smith of New York, Taylor, Turner, Varnum, and Worthington.

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On motion, by Mr. LLOYD, to postpone the further consideration of the bill to the first Monday in March next, it was determined in the affirmative-ycas 27, nays 2, as follows:

JANUARY, 1812.

not be raised; and if raised, from the short period of its service, in the event of serious hostilities, would be utterly incompetent to effect the objects of those hostilities. The bill would be inoperative, because, in the States of Massachusetts and Vermont, (and he presumed in other States,) no power or provision existed by which these vol

YEAS-Messrs. Anderson, Bayard, Bibb, Bradley, Condit, Crawford, Cutts, Franklin, Gaillard, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Mary-unteers could be commissioned, so as to perform land, Smith of New York, Tait, Taylor, and Turner. NAYS-Messrs. Varnum and Worthington. Mr. WORTHINGTON, from the committee appointed on the subject, reported a bill establishing a land office; and the bill was read, and passed to the second reading.

the contemplated service; and if the Government were deprived of the volunteers in Massachusetts and Vermont, he did not know where they could obtain volunteers for the object which he believed all branches of the Government had in view. He 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-inferred 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 raisThe Senate resumed, as in Committee of the ing twenty-five thousand regulars, and communiWhole, the consideration of the bill, entitled "Ancating the correspondence between Mr. Foster and act authorizing the President of the United States Mr. Monroe, as a ground for urging Congress to to accept and organize certain volunteer military corps," together with the amendments reported thereto by the select committee; and the further consideration thereof was postponed to, and made the order of the day for, to-morrow.

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On motion, by Mr. BRADLEY, the bill supplementary to the act, entitled "An act regulating the grants of land appropriated for the refugees from the British Provinces of Canada and Nova Scotia," was recommitted to a select committee, further to consider and report thereon; and Messrs. BRADLEY, FRANKLIN, and GREGG, were appointed the committee.

WEDNESDAY, January 29.

The bill establishing a land office was read the second time.

A message from the House of Representatives informed the Senate that the House have passed the bill, entitled "An act concerning the Naval Establishment," in which they request the concurrence of the Senate.

Mr. LEIB presented the memorial of Matthew M'Connell and others, a committee on behalf of the surviving officers of the Pennsylvania line of the Revolutionary army, praying the immediate decision of Congress on the application of the said officers for remuneration for services during the said war; and the memorial was read.

ADDITIONAL MILITARY FORCE.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act authorizing the President of the United States to accept and organize certain volunteer military corps," together with the amendments reported thereto by the select committee.

persevere in the preparations they were engaged in making. The President must, therefore, have deemed a volunteer force essential for the contemplated service. And here he observed he thought, if his correspondence with the British Envoy, which afforded evidence of "continued hostility" towards us, furnished matter of suffi cient importance to press upon Congress the utility of hastening their measures of preparation, that the other business of the Department of State might have been allowed to repose long enough for a reply to have been made to Mr. Foster, before nearly a month had elapsed after the date of his letter. He did not advert to this circumstance from any want of respect to this Government: he should always treat them with the highest respect. He should prefer the reduction of the number of the volunteers to twenty-five thousand, rather than the retention of the fifty thousand, because it would increase the momentum of actual force, and decrease the expenses, about which so much has been said. Surely, he said, he did not mean that it would not increase the momentum of force proposed by the other House, but that proposed by the Executive, The Executive had asked for ten thousand regulars, and fifty thousand volunteers-in all, sixty thousand men. The other House had agreed to give him eighty-five thousand. The proposed amendment would, therefore, bring the quantum of force down nearly to the Executive requisition. But the bill proposed a force which would be utterly inefficient, as all other volunteer bills had been. The returns under the thirty thousand volunteer law, passed two or three years ago, were so few, that the Secretary of War did not register them. He asked, how efficient could that species of force be, of which the Chief Magistrate did not think it worth while to have a record kept! It was only a formidable display of armies on paper-a tender of

Mr. GILES rose and opposed at length the bill as it came from the House, reserving to himself the privilege of acting on the proposed amend-services-which only produced very handsome ment according to the result of further reflections. He believed the bill would be productive of no practical efficacy. It proposed a force which could

replies from the President. He did not censure the Secretary of War or the President; very far from it; the defect had been in the law. He beg

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ged gentlemen to look seriously at the subject. If a war should ensue, it must be a serious one. The responsibility attached to Congress of placing an adequate force in the hands of the President for the war. But, if they passed a law which would give the President only a nominal force, totally incompetent to effect any desirable object, he, for one, should be unwilling to take any share of responsibility on himself.

Mr. G. said, he had been reproached the other day with a preference of regulars to volunteers; and volunteers were said to be more congenial to the Constitution than regular armies. He said that volunteers were not mentioned in the Constitution at all-they had never been recommended by General WASHINGTON, and no law had been passed to raise volunteers, until the year after that great man left the Administration. They were an invention, a theory of modern days. The Constitution had authorized armies without restriction; the only restriction at least, was to the time for which appropriation for their support could be made. And with respect to the assertion that the Constitution never meant to sanction the idea of offensive war, he asked whether it could not, for one moment, be supposed that the wise framers of that instrument, knew that Canada and Florida existed on our borders? He said those virtuous and patriotic men had too much wisdom to restrict Congress to defensive war. The idea was absurd; it was one of the fruitful visionary notions of the day. Mr. G. objected to this bill, because he feared it was intended to supersede the army. Before he proceeded to demonstrate its inefficiency, and the impolicy of short enlistments, he would notice one or two circumstances connected with the proceedings at this session. He knew that the world had been very busy in ascribing to him motives of hostility to the Administration. What was the fact? The measures which he had advocated would protect the Administration. The time was coming when its character would be tested; and surely efficient measures, for trying times, would best bring its real character to light. But the language which had been indulged in abroad, and here too, was calculated to subvert the freedom of discussson and deliberation in this body. If a legislature were of any use at all, it was to exercise its own judgment, and aid the other functionaries of the Government, according to the best result of that judgment, formed upon a mature deliberation. Desert the standard of your own judgment, Mr. President, and where will you find fidelity in any other standard? You are always certain that it is faithful; but you are not so with respect to the judgment of your friends. He disclaimed the idea of subscribing to the infallibility of any men.

If such doctrine can be adopted it was only necessary for this, or that man, to point to his favorite measures, and they must be agreed to, whether right or wrong. He had always understood the favorite motto of the Republicans to be "measures and not men," but this doctrine is now inverted. You have only to look at the man, and applaud or condemn the measures. The man

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himself, and not the measures, constitute the test of their wisdom. He never would abandon himself to such a principle; and in supporting any measure, should follow the dictates of his own judgment, if he stood alone and were certain of being overwhelmed by popular clamor. He could rely upon his own judgment; but he could not upon popular opinion, which was as variable as the wind. But though he had thus condemned the authority of names, he would shelter himself under a great name, on the occasion. In his youthful political days, he did not now hesitate to confess, he had distrusted General Washington as a statesman, he had never doubled his patriotism, or his talents as a soldier. But when he had felt a want of confidence in this great man, as a statesman, he had little experience; he was surrounded by visionary theories; but from further experience, further information, and further reflection, although he was not prepared to subscribe to all the measures of that gentleman's administration, he was fearful that, "take him all in all, we shall never see his like again.”

Here Mr. G. made various quotations from "Marshall's Life of Washington," to show that from the commencement to the end of the Revolutionary war, our illustrious Commander-in-Chief was convinced of the fatal impolicy of short enlistments; that he was urgent in pressing upon Congress the necessity ef changing their plan, in this respect; and that he imputed the loss and failure of the expedition of the brave Montgomery against Quebec, and various other disasters, to the same pernicious principle of short enlistments. Indeed, said Mr. G., it appears, from this history, that short enlistments of our regular troops had very nigh strangled our independence in its cradle; nothing but a divine interposition could have enabled us, under all circumstances, to have achieved it. He treated the.fears of danger to our liberties, from a regular force of thirty-five thousand men, as perfectly visionary; and all the quotations which had been drawn from history to show the dangers of standing armies were inapplicable to the United States. Of whom could our army be composed? Of officers and men who were born and raised in the love of liberty; but, supposing they should turn their arms against their country, could gentlemen seriously apprehend so much danger, when the United States had a military force of six hundred thousand men, with arms in their hands? Was this the case with the States of Greece; or with France, when Bonaparte usurped the Government? Certainly not. The body of the people in Grecce were slaves. The people of France did not understand what liberty was; they had, besides, seen blood stream from the beginning to the end of the Revolution; they therefore made no resistance to usurpation and a change of Government; they had no arms in their hands; the Parisian mob were only to be gained over to the usurper, and things were settled.

[For a full report of this speech of Mr. GILES, see Supplemental Speeches at the end of the volume.]

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