contribution shall be apportioned to and among the respective vessels or owners thereof, as the parties may have agreed by such instrument; otherwise the apportionment may be adjusted by the discretion of the.competent court: Provided, That no ships or vessels shall be so holden unless a copy of the instrument concerning them as aforesaid shall have been certified by the owners or agents, and deposited with a collector of the customs or with the clerk or register of a court, having admiralty or maritime jurisdiction, or, in case of being in a foreign country, with a consul or agent of the United States: Provided, also, That none but citizens of the United States shall be permitted, directly or indirectly, to have or claim benefit of any agreement or stipulation as aforesaid.. SENATE vessels which may be armed in virtue of any grants of letters of marque and reprisal under authority of the United States. SEC. 3. And be it further enacted, That whenever security shall have been given by bond as aforesaid with respect to a ship or vessel of the United States, duly owned and navigated as such, which may be armed or provided with means as aforesaid for defence, and bound on any foreign voyage or voyages not contrary to law, the same shall be permitted to depart on such destination: and the collector of the customs for the district from which the ship or vessel may be about to depart, in addition to the clearance for the same, shall furnish an official document to this effect, and as nearly as may be convenient according to the following formSEC. 3. And be it further enacted, That the courts To all whom it may concern: It is made known, of the United States having cognizance of causes of that the ship or vessel called the [inserting here the admiralty and maritime jurisdiction, shall take cogniz- vessel's name] of [inserting the name of the port to ance of complaints and controversies touching the pre- which the vessel belongs] having [inserting the nummises; and proceedings may be had therein according ber] deck with [inserting the number] mast and [speto the course of such courts respectively, as in other cifying whether any or no] head and [specifying whecases of admiralty or maritime jurisdiction. But no- ther any or no] gallery, of the burden of [inserting the thing herein contained shall be construed to deprive number] tons as registered, and carrying [inserting the suitors of a remedy at common law, or in equity, wher-number of mounted] guns, whereof -[naming the ever the same may be competent. person] is at present master or commander, being a The bill concerning merchant vessels armed [describing the kind of vessel, whether ship, snow, brigfor defence having been reported by the commit-antine, schooner, sloop, or otherwise] duly owned and tee correctly engrossed, was read a third time, navigated as a merchant vessel of the United States of and passed. The bill is as follows: A Bill concerning Merchant Vessels armed for defence. America, armed for defence, and bound for -, is permitted to depart on destined voyage [or voyages, as may be proper] responsible security having been given according to the act of Congress, entitled "An act concerning merchant vessels armed for defence." "Given under the seal of office, at the port of" [expressing the port and district, and specifying the day That additions or variations may be made as shall apand year of the date in words at length:] Provided, pear proper in particular cases for the better description of vessels or armaments. SEC. 2. Be it enacted, That no merchant vessels armed or provided with the means of being armed at sea, shall be cleared or permitted to depart on foreign voyages, unless the same be registered and duly owned SEC. 4. And be it further enacted, That it shall be and navigated as ships and vessels of the United States. lawful for the President of the United States to give And any such ship or vessel of the United States if not directions, as in his opinion may be proper, for causing bound on some voyage beyond the southern cape of to be prepared a sufficient number of forms of such Africa or America, may be restrained and prevented from documents, which shall be attested by the Secretary, going to sea with such armament or means of arma- under seal of the Department of State, with proper ment, unless bond to the United States be given by the blanks to be filled by the collectors respectively to whom managing owner, or agent, and the master or comman the same shall be transmitted. Before any such docuder thereof, with responsible surety or sureties in a penal ment shall be furnished for a ship or vessel, it shall be sum not exceeding dollars, with condition that sealed and signed by the proper collector, and countersuch ship or vessel shall not proceed to any port known signed by the naval officer or by the surveyor, if there to be actually blockaded, nor carry contraband articles be one, but no naval officer. And the documents so to the dominions of any Power engaged in war against furnished shall be transcribed in some proper book to such as may be at peace with the United States; and be kept for the purpose by the collector, who shall be that such armament or means of armament shall not entitled to like fees for the same as for certificates of be used for purposes contrary to the laws or treaties of the United States or the rules of public law by the this act shall not be construed to prevent ships or vesregistry: Provided, always, and it is declared, That United States acknowledged, but that the instructions which may be given by the President of the United sels bound for any of the ports, places, or countries, beyond the southern cape of Africa or America, from States for preventing any infraction of such laws, trea-going armed as has been usual in such cases, nor to ties, or rules, shall be observed with respect to such ship affect any foreign armed vessel which may have been or vessel in the destined voyage or voyages; and that admitted as such within the territorial jurisdiction of satisfaction shall be made for all damage and injury, if any should be committed, in contravention thereof; which bond may be sued in the name of the United States, before any competent court of the United States. And whatever may be recovered thereon shall be for their use, except so much as the court may order to be paid for making such satisfaction as shall appear reasonable in any case of damage or injury. But the restrictions herein contained shall not be considered applicable to the United States. THURSDAY, April 30. The bill more effectually to protect the commerce and coasts of the United States was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. POPE, BAYARD, and SMITH, of Maryland, were appointed the committee. The bill, entitled "An act for the relief of John Thompson," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. SMITH, of Maryland, GREGG, and SMITH, of New York, were appointed the committee. The bill, entitled "An act making an additional appropriation for the support of Government for the year 1812," was read the second time. The Senate resumed, as in Committee of the Whole, the consideration of the bill to authorize the State of Tennessee to issue grants and perfect titles on certain entries and locations of land therein described; and, on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. The Senate resumed, as in Committee of the Whole, the consideration of the bill allowing an annuity to Arthur St. Clair; and, on the question. Shall this bill be engrossed and read a third time? it was determined in the affirmative-yeas 15, nays 7, as follows: YEAS-Messrs. Anderson, Bayard, Bibb, Crawford, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Smith of Maryland, and Worthington. NAYS-Messrs. Condit, Cutts, Robinson, Smith of New York, Tait, Turner, and Varnum. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the cutting and making a canal from the river Potomac around the west end of the dam or causeway from Mason's island, and for other purposes;" in which bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. Mr. LLOYD presented the memorial of five hundred and thirty-five merchants of Boston, praying the repeal, or such modification, of the non-importation act, as may enable them to receive their property now in Great Britain and her dependencies; which was read, and referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and, in the mean time, that it be printed for the use of the Senate. The Senate resumed, as in Committee of the Whole, the consideration of the bill to discharge from imprisonment the persons therein mentioned; and, after debate, the further consideration thereof was postponed until to-morrow. On motion, by Mr. SMITH, of New York, Resolved, That the Secretary of the Senate be authorized to pay, out of the contingent fund, the expenses incurred for the funeral of the late VICE PRESIDENT of the United States, whenever the same shall have been allowed and certified by the committee of arrangement. FRIDAY, May 1. MAY, 1812. The bill to authorize the State of Tennessee to issue grants and perfect titles on certain entries and locations of land therein described, having been reported by the committee correctly engrossed, was read a third time. On the question, Shall this bill pass? It was determined in the affirmative-yeas 18, nays 6, as follows: YEAS-Messrs. Anderson, Bayard, Campbell of Tennessee, Condit, Cutts, Gaillard, Gilman, Goodrich, Horsey, Howell, Hunter, Lambert, Lloyd, Robinson, Smith of Maryland, Smith of New York, Tait, and Varnum. NAYS-Messrs. Bibb, Crawford, Dana, German, Taylor and Turner. So it was Resolved, That this bill pass, and that the title thereof be "An act to authorize the State of Tennessee to isssue grants and perfect titles on certain entries and locations of land therein described." Mr. SMITH, of Maryland, from the committee to whom was referred the bill, entitled "An act for the relief of John Thompson," reported it without amendment. Mr. TURNER, from the committee to whom was referred the bill entitled "An act to alter and establish certain post roads," reported it without amendment. Mr. LEIB presented the petition of Ninian Pinkney, now a Captain in the Army, stating that, on the 20th of August, 1808, he was appointed brig. ade inspector, pro tempore, and that he performed the duties thereof at New Orleans, and has received the emoluments attached to said office, up the Seat of Government, was required by the to the 31st of May, 1810, but, on his arrival at Department of War to refund, on the plea that relief, for reasons stated in the petition, which the appointment was inadmissible, and praying was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. LEIB, HOWELL, and SMITH of Maryland, were appointed the committee. The bill allowing an annuity to Arthur St. Clair having been reported by the committee correctly engrossed, was read a third time, and on motion, by Mr. LEIB, to fill the blank with the words "five hundred dollars," it was determined in the negative; and, on motion to fill the blank with the words "four hundred and fifty dollars," the votes being equal, the President determined the question in the affirmative. On the question, Shall this bill pass? it was determined in the affirmative-yeas 17, nays 9, as follows: YEAS-Messrs. Anderson, Bayard, Bibb Crawfor Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Smith of Maryland, and Worthington. NAYS-Messrs. Condit, Cutts, Gaillard, Robinson, Smith of New York, Tait, Taylor, Turner, and Varnum. So it was Resolved, That this bill pass, and that the title thereof be "An act allowing an annuity to Arthur St. Clair." Mr. GREGG, from the committee to whom the subject was referred, reported a bill to admit the entry of vessels of the United States, on certain conditions; and the bill was read, and passed to the second reading. SENATE. The bill to admit the entry of vessels of the United States on certain conditions, was read the second time. The Senate resumed, as in Committee of the Whole, the bill authorizing a subscription for the [This bill embraces cases of vessels "which Laws of the United States; and the further conmay have been laden in any of the ports of In-sideration thereof was postponed to the first Mon'dia, and whose master, supercargo, or owner, day in December next. may have been compelled to give bond, under some penalty, that their respective cargoes shall 'be landed in some part of the United States;" provided the duties be paid, and the goods stored in the public stores, under the care of the collectors, subject to the future disposition of the Government.] The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act for the relief of John Thompson ;" and it was ordered to a third reading. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to alter and establish certain post roads." Ordered, That it pass to a third reading. On motion, by Mr. HORSEY, the bill, entitled On motion, by Mr. BAYARD, the bill to discharge from imprisonment the persons therein mentioned was recommitted to a select committee, with in-"An act authorizing the cutting and making a structions to inquire into, and report the facts of canal from the river Potomac around the west the case; and Messrs. BAYARD, SMITH of New end of the dam or causeway from Mason's Island, York, and GERMAN, were appointed the com- and for other purposes," was referred to a select mittee. committee, to consider and report thereon; and The bill, entitled "An act authorizing the cut-Messrs. HORSEY, BRENT, and WORTHINGTON, ting and making a canal from the river Potomac around the west end of the dam or causeway from Mason's island, and for other purposes," was read the second time. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act making additional appropriations for the support of Government for the year 1812;" and the bill having been amended, the Président reported it to the House accordingly. On the question, Shall this bill be read a third time as amended? it was determined in the affirmative. Mr. GREGG presented the memorial of James Wilkinson, stating that he has been stigmatized as a public defaulter; but that, so far from deserving that charge, he can make it appear that the public are indebted to him, and praying an inquiry into his case may be instituted, and such decision thereon as may be compatible with justice and equity; and the memorial was read. On motion, by Mr. GREGG, this memorial, and that presented the last session, together with the report on the memorial last mentioned, was referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and Messrs. GREGG, SMITH of Maryland, TAYLOR, VARNUM, and ANDERSON, were appointed the committee. were appointed the committee. Mr. LLOYD, from the committee to whom was referred the memorial of a large number of the merchants of Boston, praying the repeal or modification of the non-importation act, stated that they had instructed their chairman to report that it is inexpedient to grant the prayer of the petitioners. A message from the House of Representatives informed the Senate that the House do not concur in the resolution proposing a recess from the 6th to the 25th of May. They have passed a bill, entitled "An act for the relief of the citizens of Venezuela;" a bill, entitled "An act for the better regulation of the ordnance;" a bill, entitled "An act for the relief of Thomas F. Reddick ;" a bill, entitled "An act making further provision for the Army of the United States;" a bill, entitled "An act to authorize the election of sheriffs in the Indiana Territory, and for other purposes;" also a bill, entitled "An act to incorporate the trustees of Washington College;" in which bills they request the concurrence of the Senate. They have passed the bill which originated in the Senate, entitled "An act for designating, surveying, and granting the military bounty lands," with an amendment, in which they ask the concurrence of the Senate; also, the bill, entitled "An act supplementary to the act, entitled 'An act to establish an Executive Department, to be denominated the Department of War," with an amendment, in which they request the concur rence of the Senate. ment of the House of Representatives to the bill, The Senate proceeded to consider the amendentitled "An act for designating, surveying, and granting the military bounty lands," and concurred therein. On motion, by Mr. BAYARD, the bill, entitled "An act for the relief of the citizens of Venezuela," was read the second time by unanimous consent; and, on motion by Mr. CAMPBELL, of Tennessee, it was referred to a select committee, SENATE. Memorial of Boston Merchants. MAY, 1812. to consider and report thereon; and Messrs. CAMP- Department, to be denominated the Department BELL, of Tennessee, BAYARD, and SMITH, of Mary- of War." land, were appointed the committee. On motion, by Mr. GERMAN, that the further consideration thereof be postponed to the first Monday in December next, it was determined in the negative-yeas 11, nays 13, as follows: YEAS-Messrs. Bayard, Bibb, Crawford, German, Goodrich, Gregg, Horsey, Leib, Lloyd, Smith, of Maryland, and Turner. NAYS-Messrs. Anderson, Brent, Campbell, of Tennessee, Condit, Cutts, Dana, Gaillard, Gilman, Howell, Robinson, Tait, Varnum, and Worthington. On motion, by Mr. BAYARD, the further consideration thereof was postponed until to-morrow. The six bills last brought up for concurrence were read, and passed to the second reading. The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act supplementary to the act, entitled An act to establish an Executive Department, to be denominated the Department of War." The bill, entitled "An act making additional appropriations for the support of Government for the year 1812," was read a third time as amended; and, on motion by Mr. LEIB, it was referred to a select committee, to revise the item respecting marshals, and report thereon; and Messrs. ANDERSON, LEIB, and TURNER, were appointed the committee. On motion, by Mr. GREGG, the two last mentioned bills were severally referred to a select committee, to consider and report thereon; and Messrs. ANDERSON, SMITH, of Maryland, and VARNUM, were appointed the committee. The bill, entitled "An act to authorize the election of sheriffs in the Indiana Territory, and for other purposes," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. WORTHINGTON, BAYARD, and TAIT, were appointed the committee. The Senate resumed the consideration of the amendment of the House of Representatives to the bill, entitled "An act supplementary to the act, entitled An act to establish an Executive On motion, by Mr. LEIB, the further consideration of the bill and amendment was postponed to the first Monday in June next. A message from the House of Representatives' informed the Senate that the House have passed a bill, entitled "An act to annex a part of West Florida to the Mississippi Territory," in which bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. The bill, entitled "An act for the relief of Thomas F. Reddick," was read the second time. The Senate resumed, as in Committee of the Whole, the consideration of the bill to admit the entry of vessels of the United States on certain conditions. On the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. The bill, entitled "An act for the relief of John Thompson," was read the third time, and passed. lish certain post roads," was read a third time, and, The bill, entitled "An act to alter and estabpassed. entitled "An act for the relief of the citizens of On motion by Mr. SMITH, of Maryland, the bill, Venezuela," was read the third time, by unanimous consent, and passed. MEMORIAL OF BOSTON MERCHANTS. The Senate resumed the consideration of the report of the committee made yesterday on the memorial of a large number of the merchants of Boston. On motion by Mr. LLOYD, that the report on the memorial of the merchants of Boston, praying for leave to withdraw their property from Great Britain and her dependencies, be again referred to a committee, with instructions to bring in a bill for the relief of the petitioners A motion was made by Mr. SMITH, of Maryland, that the further consideration thereof be postponed to the first Monday in June next. On this motion Mr. SMITH addressed the Chair as follows: Mr. President: I have made the motion for postponement because I am unwilling that a conelusive vote on the question should be taken at this time. When members place their names on record there is an unwillingness to retract their vote, when a more suitable time for decision Occurs. That time will be, on the arrival of the Hornet, which must certainly happen before the first of June; and from the information which she will bring, we shall be enabled to vote more advisedly. This subject being before the Senate, I will be permitted to take a short view of our political relations as they bear upon this particular object. The non-intercourse law prohibited all intercourse between the United States and Great Britain and France. It, however, authorized the President, in case either of these Powers should so repeal or modify their unjust acts, as that they MAY, 1812. Memorial of Boston Merchants. SENATE. should cease to violate the neutral rights of the those solemn assurances. I did expect that a Has any such decree yet issued? No! Has France practically complied with her promise made in the letter of the 5th August 1810, signed by the Duke de Cadore? If she has, Mr. President, then are we bound, the national faith and honor are bound, and no consideration ought to induce the Senate to agree to the motion of the honorable gentleman (Mr. LLOYD.) But if France has not complied with her engagement, if her cruisers, as well public as private, continue, under the authority of the Emperor, to act in the manner authorized by the Berlin and Milan decrees, then our honor calls upon us, the national honor imperiously calls upon us to place both nations precisely in the situation in which they were when the proclamation of the President, dated November 2, 1810, was issued; nor ought the doing so to affect the ulterior measures contemplated against Great Britain. In acting thus, our conduct will be exactly correspondent with that adopted by the Executive, on his being informed that Great Britain had disavowed the arrangement entered into with Mr. Erskine. This we are bound to do, if even we should immediately thereafter enact a law interdicting all importation from both nations. Nay, sir, men of nice notions of honor will believe that we cannot honorably pursue the war with Great Britain until we have freed ourselves from the deception practised upon us by France, if (as is asserted) she has not complied with her part of the compact. What evidence have we that France has not complied? The document before me from the Secretary of State, respecting the trade to the Baltic, proves that French privateers have completely blockaded the Sound, which is the usual entrance to that sea; that they capture every American vessel in their power bound either up or down, and send their papers to Paris, where they are condemned by the order of the Emperor. It may not be amiss to give a view of this course of conduct; for to gentlemen unacquainted with commerce it may be useful. Mr. Erving, our Minister at Denmark, was sent to Copenhagen to use the best means in his power to induce the King to put a stop to the depredations committed on our commerce by the Danish privateers. He was well received, and being of opinion that our trade would meet with few interruptions in future, he advised thereof the American Consuls in Sweden and Norway, where our vessels usually stop for information. What was the consequence? Why, that the Americans, thus relieved from danger, as they supposed, took the usual course through the Sound, to all the ports in the Baltic, and many went safe. The French, informed of this friendly conduct of the King of Denmark, despatched a number of privateers |