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APRIL, 1812.

Maritime Defence.

SENATE

is per

contribution shall be apportioned to and among the re- vessels which may be armed in virtue of any grants of spective vessels or owners thereof, as the parties may letters of marque and reprisal under authority of the have agreed by such instrument; otherwise the appor- United States. tionment may be adjusted by the discretion of the com Sec. 3. And be it further enacted, That whenever petent court: Provided, That no ships or vessels shall security shall have been given by bond as aforesaid be so holden unless a copy of the instrument concern- / with respect to a ship or vessel of the United States, ing them as aforesaid shall have been certified by the duly owned and navigated as such, which may be armed owners or agents, and deposited with a collector of the or provided with means as aforesaid for defence, and customs or with the clerk or register of a court, having bound on any foreign voyage or 'voyages not contrary admiralty or maritime jurisdiction, or, in case of being to law, the same shall be permitted to depart on such in a foreign country, with a consul or agent of the Uni- destination : and the collector of the customs for the ted States: Provided, also, That none but citizens of district from which the ship or vessel may be about to the United States shall be permitted, directly or indi depart, in addition to the clearance for the same, shall rectly, to have or claim benefit of any agreement or furnish an official document to this effect, and as nearly stipulation as aforesaid.

as may be convenient according to the following form. Sec. 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 conplaints 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 now 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, brig, for 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:

America, armed for defence, and bound for

mitted to depart on destined voyage [or voyages, as A Bill concerning Merchant Vessels armed for defence. may be proper) responsible security having been given Be be it enacted, fc., That, from and after the

according to the act of Congress, entitled “ An act conday of

in the present year, the arming of vessels cerning merchant vessels armed for defence." for defence shall be subjected to the following regula

'“Given under the seal of office, at the port of " (extions :

pressing the port and district, and specifying the day Sec. 2. Be it enacted, That no merchant vessels That additions or variations may be made as shall ap

and year of the date in words at length:] Provided, armed or provided with the means of being armed at sea, shall be cleared or permitted to depart on foreign pear proper in particular cases for the better

description

of vessels or armaments. 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 ves

registry : 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, beStates for preventing any infraction of such laws, trea- yond the southern cape of Africa or America, from ties, or rules, shall be observed with respect to such ship going armed as has been usual in such cases

, nor to or vessel in the destined voyage or voyages ; and that admitted as such within the territorial jurisdiction of

affect any foreign armed vessel which may have been satisfaction shall be made for all damage and injury, if

the United States. 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.

THURSDAY, April 30. And whatever may be recovered thereon shall be for their use, except so much as the court may order to be

The bill more effectually to protect the compaid for making such satisfaction as shall appear reasona

merce and coasts of the United States was read ble in any case of damage or injury. But the restrictions the second time, and referred to a select commit. herein contained shall not be considered applicable to tee, to consider and report thereon ; and Messrs.

SENATE.

Proceedings.

May, 1812.

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Pope, BAYARD, and SMITH, of Maryland, were

FRIDAY, May 1. appointed the committee.

The bill to authorize the State of Tennessee The bill, entitled "An act for the relief of John to issue grants and perfect titles on certain entries Thompson," was read the second time, and re- and locations of land therein described, having ferred to a select committee, to consider and re- been reported by the committee correctly en. port' thereon; and Messrs. Smith, of Maryland, grossed, was read a third time. Gregg, and Šmitu, of New York, were appointed On the question, Shall this bill pass? It was the committee.

determined in the affirmative-yeas 18, nays 6, The bill, entitled "An act making an additional as follows: appropriation for the support of Government for YEAS— Messrs. Anderson, Bayard, Campbell of Ten. the year 1812," was read the second time. nessee, Condit, Cutts, Gaillard, Gilman, Goodrich, Hor.

The Senate resumed, as in Committee of the sey, Howell, Hunter, Lambert, Lloyd, Robinson, Smith Whole, the consideration of the bill to authorize of Maryland, Smith of New York, Tait, and Varnum. the State of Tennessee to issue grants and perfectl: Nays-Messrs. Bibb, Crawford, Dana, German, titles on certain entries and locations of land Taylor and 'Turner. therein described; and, on the question, Shall So it was Resolved, That this bill pass, and this bill be engrossed and read a third time? it that the title thereof be "An act to authorize the was determined in the affirmative.

State of Tennessee to isssue grants and perfect The Senate resumed, as in Committee of the titles on certain entries and locations of land Whole, the consideration of the bill allowing an

therein described." annuity to Arthur St. Clair; and, on the question,

Mr. Smith, of Maryland, from the committee Shall inis bill be engrossed and read a third time? to whom was referred the bill, entitled "An act it was determined in the affirmative-yeas 15, for the relief of John Thompson,” reported it nays 7, as follows:

without amendment.
Ýwas—Messrs
. Anderson, Bayard, Bibb, Crawford, I referred the bill entitled "An act to alter and es-

Mr. TURNER, from the committee to whom was
German, Gilman, Goodrich, Gregg, Horsey, Howell,
Hunter, Lambert, Leib, Smith of Maryland, and tablish certain post roads,” reported it without
Worthington.

amendment. Nars-Messrs. Condit, Cutts, Robinson, Smith of

Mr. Leib presented the petition of Ninian PinkNew York, Tait, Turner, and Varnum.

ney, now a Captain in the Army, stating that, on

the 20th of August, 1808, he was appointed brig. A message from the House of Representatives ade inspector, pro tempore, and that he performed informed the Senate that the House bave passed the duties thereof at New Orleans, and has rea bill, entitled "An act authorizing the cutting ceived the emoluments attached to said office, up and making a canal from the river Potomac to the 31st of May, 1810, but, on his arrival al around the west end of ihe dam or causeway from the seat of Governmeni, was required by the Mason's island, and for other purposes ;” in which Department of War to refund, on the plea that bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to relief, for reasons slated in the petition, which

the appointment was inadmissible, and praying the second reading.

was read, and referred to a seleci committee, to Mr. LLOYD presented the memorial of five hun consider and report thereon by bill or otherwise; dred and thirty-five merchants of Boston, praying and Messrs. LeiB, Howell, and Smitu of Marythe repeal, or such modification, of the non-im- land, were appointed the committee. portation act, as may enable them to receive their

The bill allowing an annuity to Arthur St. property now in Great Britain and her dependen. Clair having been reported by the committee corcies; which was read, and referred to a select rectly engrossed, was read a third time, and on committee, to consist of five meinbers, to consider motion, by Mr. Leib, to fill the blaok with the and report thereon by bill or otherwise; and, in words " five hundred dollars," it was determined the mean time, that it be printed for the use of in the negative; and, on motion to fill the blank the Senate.

with the words “four hundred and fifty dollars,"
Messrs. Lloyd, Taylor, GREGG, LEIB, and the votes being equal, the President determined
Smith of Maryland, were appointed the com- the question in the affirmative.
mittee.

On the question, Shall this bill pass ? it was
The Senate resumed, as in Committee of the determined in the affirmative-yeas 17, nays 9, as
Whole, the consideration of the bill to discharge follows:
from imprisonment the personstherein mentioned;

YEAs—Messrs. Anderson, Bayard, Bibb Crawfor, and, after debate, the further consideration thereof Dana, German, Gilman, Goodrich, Gregg, Horsey, was postponed until 10-morrow.

Howell, Hunter, Lambert, Leib, Lloyd, Smith of On motion, by Mr. Smith, of New York, Maryland, and Worthington.

Resolved, That the Secretary of the Senate be Naxs—Messrs. Condit, Cutts, Gaillard, Robinson, authorized to pay, out of the contingent fund, the Smith of New York, Tait, Taylor, Turner, and Var. expenses incurred for the funeral of the late Vice num. PRESIDENT of the United States, whenever the So it was Resolved, That this bill pass, and same shall have been allowed and certified by the that the title thereof be "An act allowing an ancommittee of arrangement.

nuity to Arthur St. Clair."

1

May, 1812.

Proceedings.

SENATE.

6

Mr. GREGG, from the committee to whom the The bill to admit the entry of vessels of the subject was referred, reported a bill to admit the United States on certain conditions, was read the entry of vessels of the United States, on certain second time. conditions; and the bill was 'read, and passed to The Senate resumed, as in Committee of the the second reading.,

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 Mondia, and whose master, supercargo, or owner, day in December next. may have been compelled to give bond, under The Senate resumed, as in Committee of the some penalty, that their respective cargoes shall Whole, the consideration of the bill, entitled " An 'be landed in some part of the United States;" act for the relief of John Thompson ;" and it was provided the duties be paid, and the goods stored ordered to a third reading. in the public stores, under the care of the collect- The Senate resumed, as in Committee of the ors, subject to the future disposition of the Govo Whole, the consideration of the bill, entitled "An ernment.]

act 10 alter and establish certain post roads." Oo motion, by Mr. BAYARD, the bill to discharge Ordered, hat it pass to a third reading. from imprisonment the persons therein mentioned On motion, by Mr. HORSEY, the bill, entitled 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, Smiru 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.

com inittee, 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 were appointed the committee. around the west end of the dam or causeway Mr. LLOYD, from the committee to whom was from Mason's island, and for other purposes," was referred the memorial of a large number of the read the second tirne.

merchants of Boston, praying the repeal or modi. The Senate resumed, as in Committee of the fication of the non-importation aci, stated that Whole, the bill, entitled "An act making addi- they had instructed their chairman to report that tional appropriations for the support of Govern- it is inexpedient to grant the prayer of the petiment for the year 1812;" and the bill having been tioners. amended, the President reported it to the House A message from the House of Representatives accordingly.

informed the Senate that the House do not conOn the question, Shall this bill be read a third cur in the resolution proposing a recess from the time as amended ? it was determined in the af. 6th to the 25th of May. They have passed a bill, firmative.

entitled "An act for the relief of the citizens of Mr. Gregg presented the memorial of James Venezuela ;" a bill, entitled " An act for the betWilkinson, stating that he has been stigmatized ter regulation of the ordnance;" a bill, entitled as a public defaulter ; but that, so far from de. “An act for the relief of Thomas F. Reddick;" a serving that charge, he can make it appear that bill, entitled "An act making further provision the public are indebted to him, and praying an for the Army of the United States;" a bill, entiinquiry into his case may be instituted, and such !led " An aci to auihorize the election of sheriffs decision thereon as may be compatible with jus- in the Indiana Territory, and for other purposes;"> tice and equity; and the memorial was read. also a bill, entitled " An act to incorporate the

On motion, by Mr. Gregg, this memorial, and trustees of Washington College;" in which bills ibat presented the last session, together with the they request the concurrence of the Senate. report on the memorial last mentioned, was re- They have passed the bill which originated in ferred to a select committee, to consist of five the Senate, entitled "An act for designating, surmembers, to consider and report thereon by bill or veying, and granting the military bounty lands," otherwise; and Messrs. GREGG, Smith of Mary with an amendment, in which they ask the conlaod, TAYLOR, Varnom, and ANDERSON, were ence of the Senate; also, the bill, entitled appointed the committee.

"An act supplementary to the act, entitled 'An

act to establish an Executive Department, to be MONDAY, May 4.

denominated the Department of War," with an The amendment to the bill, entitled "An act amendment, in which they request the concurmaking additional appropriations for the support

rence of the Senate. of Goveroment for the year, 1812," was reported

The Senate proceeded to consider the amendby the committee correcily engrossed.

ment of the House of Representatives to the bill, A bare quorum attending, the Senate adjourned. entitled “ An act for designating, surveying, and

granting the military bounty lands," and con

curred therein. TUESDAY, May 5.

On motion, by Mr. BAYARD, the bill, entitled Mr. LEIB, from the committee appointed to "An act for the relief of the citizens of Veneconsider the subject, reported a bill for the relief zuela," was read the second time by unanimous of Ninian Piokney, and the bill was read, and consent; and, on motion by Mr. CAMPBELL, of passed to the second reading.

Tennessee, it was referred to a select committee, '12th Con. Ist Sess-8

с

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. Leib, the further considerOn motion, by Mr. German, that the further ation of the bill and amendment was postponed consideration thereof be postponed to the first to the first Monday in June next. Monday in December next, it was determined in A message from the House of Representatives the negative-yeas 11, n'ays 13, as follows: informed the Senate that the House have passed

Yeas-Messrs. Bayard, Bibb, Crawford, German, a bill, entitled “ An act to annex a part of West Goodrich, Gregg, Horsey, Leib, Lloyd, Smith, of Mary- Florida to the Mississippi Territory," in which land, and Turner.

bill they request the concurrence of the Senate.. Nars-Messrs. Anderson, Brent, Campbell, of Ten

The bill last mentioned was read, and passed to nessee, Condit, Cutts, Dana, Gaillard, Gilman, Howell

, the second reading. Robinson, Tait, Varnum, and Worthington.

The bill, entitled "An act for the relief of ThoOn motion, by Mr. BAYARD, the further con

mas F. Reddick," was read the second time. sideration thereof was postponed until to-morrow. Whole, the consideration of the bill to admit the

The Sevate resumed, as in Committee of the The six bills last brought up for concurrence were read, and passed to the second reading.

entry of vessels of the United States on certain

conditions. The Senate proceeded to consider the amendment of the House of Representatives to the bill,

On the question, Shall this bill be engrossed entitled " An act supplementary to the act, enti- and read a third time? it was determined in the

affirmative. tled 'An act to establish an Executive Department, to be denominated the Department of

The bill, entitled "An act for the relief of John War."

Thompson," was read the third time, and passed. The bill, entitled "An act making additional

The bill, entitled "An act to alter and estabappropriations for the support of Government for lish certain post roads,” was read a third time, and the year 1812," was read a third time as amend

passed. ed; and, on motion by Mr. LEIB, it was referred

On motion by Mr. SMITH, of Maryland, the bill, 10 a select committee, to revise the item respect- Venezuela," was read the third time, by unani

entitled "An act for the relief of the citizens of ing marshals, and report thereon; and Messrs. ANDERSON, LEIB, and TURNER, were appointed

mous consent, and passed. the commiitee.

MEMORIAL OF BOSTON MERCHANTS.

The Senate resumed the consideration of the WEDNESDAY, May 6.

report of the committee made yesterday on the The bill for the relief of Ninian Pinkney was Boston.

memorial of a large number of the merchants of read the second time.

On motion by Mr. Lloyd, that the report on Mr. CAMPBELL, of Tennessee, from the com- the memorial of the merchants of Boston, praymittee to whom was referred the bill, entitled ing for leave to withdraw their property from “An act for the relief of the citizens of Vene- Great Britain and her dependencies, be again rezuela," reported it without amendment; and the ferred to a committee, with instructions to bring bill was considered as in Committee of the Whole, in a bill for the relief of the petitionersand ordered to a third reading.

A motion was made by Mr. SMITH, of MaryThe bill, entitled “ An act to incorporate the land, that the further consideration thereof be Trustees of Washington College,” was read the postponed to the first Monday in Jude next. second time.

On this motion Mr. Smith addressed the Chair The bill, entitled " An act for the better regu- as follows: lation of the ordnance,” was read the second time. Mr. President: I have made the motion for post

The bill, entitled " An act making further pro- ponement because I am unwilling that a con: vision for the Army of the United States," was clusive vote on the question should be taken at read the second time.

this time. When members place their names On moțion, by Mr. GREGG, the two last men

on record there is an unwillingness to retract tioned bills were severally referred to a select their vote, when a more suitable time for decision committee, to consider and report thereon; and

That time will be, on the arrival of the Messrs. ANDERSON, SMITH, of Maryland, and Hornet, which must certainly happen before the VARNUM, were appointed the commitiee.

first of June; and from the information which The bill, entitled " An act to authorize the elec- she will bring. we shall be enabled to vote more tion of sheriffs in the Indiana Territory, and for advisedly. This subject being before the Senate, other purposes,” was read the second time, and I will be permitted io take a short view of our referred to a select committee, to consider and re-political relations as they bear upon this particu. port thereon; and Messrs. WORTHINGTON, Bar-| lar object. ARD, and Tait, were appointed the committee.

The non-intercourse law prohibited all interThe Senate resumed the consideration of the course between the United States and Great amendment of the House of Representatives to Britain and France. It, however, authorized the the bill, entitled "An act supplementary to the President, in case either of these Powers should act, entitled 'An act to establish an Executive so repeal or modify their upjust acts, as that they

occurs.

May, 1812.
Memorial of Boston Merchants.

SENATE. should cease to violate the neutral rights of the those solemn assurances. I did expect that a United States, to relieve such nation from the decree, revoking the Berlin and Milan decrees, operation of this act. Great Britain, by her. " so far as they related to the United States," Minister, Mr. Erskine, did agree, that her odious would have been issued immediately after the Orders in Council should be repealed, and the Emperor should have seen the act of Congress President (with a pronu ptitude that did him confirming the proclamation. Indeed, sir, I credit) declared by proclamation, that the com- thought it ought to have been issued immediatemerce between the United States and Great ly after he had seen the proclamation. Britain should be restored, and all America ap- Has any such decree yet issued ? No! Has plauded the act. The negotiation made by Mr. France practically complied with her promise Erskine, contrary to the opinion of every enlight- made in the letter of the 5th August-1810, signed ened man, and to the astonishment of our Gov. by the Duke de Cadore ? If she has, Mr. Presieroment, was disavowed by the King of Great dent, then are we bound, the national faith and Britain. What was the conduct of our Execu- honor are bound, and no consideration ought to tive on being informed of the disavowal? It induce the Senate to agree to the motion of the was that which gratified every American. He honorable gentleman (Mr. LLOYD.) But if France instantly imposed the non-intercourse on Great has not complied with her engagement, if her Britain, and placed that nation precisely in the cruisers, as well public as private, continue, under same situation in which she was when Mr. the authority of the Emperor, to act in the manErskine's arrangement took place. And, sir, I ner authorized by the Berlin and Milan decrees, believe that, in doing so, he met with the appro- then our honor calls upon us, the national honor bation of every good man. He certainly had imperiously calls upon us to place both nations mine. The non-intercourse law continued until precisely in the situation in which they were May, 1810, when it expired by its own limitation. when the proclamation of the President, dated I state this, Mr. President, because a confusion November 2, 1810, was issued; nor ought the has arisen from the various laws which have doing so to affect the ulterior measures contempassed on this subject, and many well informed plated against Great Britain. In acting thus, men have believed, and do now believe, that the our conduct will be exactly correspondent with non-intercourse law existed against both nations that adopted by the Executive, on his being inwhen the present restrictions were imposed on formed that Great Britain had disavowed the our commerce with Great Britain. Not so, Mr. arrangement entered into with Mr. Erskine. President. At that time our trade was unrestrict- This we are bound to do, if even we should imed by any law of the United States. But Con-mediately thereafter enact a law interdicting all gress, in the same month of May, 1810, passed importation from both nations. Nay, sir, men an act, by which the President was authorized, of nice notions of honor will believe

that we canin the event of either France or England repeal- not honorably pursue the war with Great Britain ing her unjust acts, or so modifying the same until we have freed ourselves from the deception that they would no longer affect our neutral practised upon us by France, if (as is asserted) rights, to impose certain sections of the non-in she has not complied with her part of the compact. tercourse law on the nation refusing to do us just- What evidence have we that France has not ice, which sections amount to a non-importation complied? The document before me from the This act was made known to both nations; and Secretary of State, respecting the trade to the France, embraciog the proposition, did by the Baltic, proves that French privateers have com. letter of her prime Minister, the Duke of Cadore, pletely blockaded the Sound, which is the usual under date of the 5th August, 1810, promise to entrance to that sea; that they capture every revoke the Berlin and Milan decrees, so far as American vessel in their power bound either up they relate to the United States, on condition; or down, and send their papers to Paris, where with which condition the President complied they are condemned by the order of the Emperor. by issuing his proclamation of the second of No-It may not be amiss to give a view of this course vember, in which, agreeably to the act of May, of conduct; for to gentlemen unacquainted with 1810, he declared that all importations from Great commerce it may be useful. Mr. Erving, our Britain and her possessions should cease on the Minister at Denmark, was sent to Copenhagen 20 February, 1811; unless that nation should, to use the best means in his power to induce the previously thereto, repeal or modify her Orders King to put a stop to the depredations committed in Council . Great Britain refused to do this

, on our commerce by the Danish privateers. He and has pertinaciously adhered to a system inju- was well received, and being of opinion that our rious to ihe interest of both nations. 'Mr. Presi- trade would meet with few interruptions in fu. deat, I was among those who approved of the ture, he advised thereof the American Consuls proclamation of the President of the United in Sweden and Norway, where our vessels usuStates, interdicting all importations from Great ally stop for information. What was the conseBritain. It appeared to me to be a strict com- quence? Why, that the Americans, thus repliance with the tenor of the law; for, sir, I did lieved from danger, as they supposed, took the believe, that all credit was due to the solemn usual course ibrough the Sound, to all the ports declarations of nations, made officially by their in the Baltic, and many went safe. The French, public ministers, and I, therefore, justified the informed of this friendly conduct of the King of President for the confidence he had placed in Denmark, despatched a number of privateers

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