SENATE. Memorial of Boston Merchants. to the Sound, completely blockaded it, and captured, without distinction, every American they could. The number thus captured was not, it is true, very great, for the news flew on the wings of the wind, and the Americans were thereafter, for safety, compelled to mingle with the British convoys. Indeed, several which had assembled at Elsinore were saved by a convoy granted by the King of Denmark. Mr. President, the first notice of the French blockade of the Baltic was capture and consequent condemnation on various pretexts. One vessel was condemned (it appears by the proceedings of the court of Paris) because she had come to anchor in a port in Sweden, where, by accident, there was a British armed vessel. But, sir, another reason for presuming that France has not complied with her part of the compact, is the late burning, by a French squadron which issued from Naniz the 10th day of January last, of every American vessel they met having a cargo on board. The ground assigned by the commanders of those vessels, not verbally only, but by certificates signed by themselves, is, because the vessel, so burnt, was bound to or from a port of the enemy of France, and this they certify they do by order of the Minister of the French Marine, being precisely the Berlin and Milan decrees put in full force against the vessels of the United States. This information comes to us in a shape scarcely questionable; but as the Hornet must soon arrive, and as the President will by her receive such information as will put the subject beyond a doubt, either in one way or the other; and as I know that some gentlemen are unwilling to vote without official informa tion. I have thought it most proper to propose the postponement, until such time as must give us such information. Mr. President, before I sit down, it may not be unworthy of remark, that the French burning squadron left France five days after the departure of the frigate Constitution, at which time (the 5th January) Mr. Barlow was flattered with the expectation that he would succeed in every object of his mission. MAY, 1812. This claim arises from the prosecution of an honorable, a lucrative and accustomed trade, which had met the approbation of Government, and to the revenues of which it had largely contributed-he alluded to the trade with Great Britain. In the prosecution of this trade formerly the merchants of the United States were almost invariably the debtors; they obtained their goods on a credit not unfrequently of twelve months, but for a few years past the course of the trade had almost entirely changed. Owing to the extension of commerce-the diffusion of wealth and capital-the increased ability of the merchants of the United States-the facilities afforded by the banks-and the unexampled depression of the course of exchange, the merchants of Great Britain had in their turn become the bankers and debtors of those of the United States, the latter of whom now very generally, instead of purchasing goods in England, on credit, remitted exchange at the time of furnishing their orders for shipments. These orders, it is very well known to every man in the smallest degree conversant with the trade, must be in the hands of the manufacturers several months before they can be executed, being principally given for articles calculated for a particular market and not suited for any other. This is more especially the case with the importers of hardware and cutlery, who are obliged to give their orders, six, nine, or perhaps twelve months in advance, and so soon as an order is delivered, it becomes a compact, which cannot be dissolved but with the consent of all the parties engaged in it. Thus are situated some of the petitioners, several of whom had transmitted their orders prior to the issuing of the President's proclamation of November 2, 1810, but which could not be executed and got ready for shipment by the 2d of February, 1811, when the trade was closed. On this class of petitioners, the non-importation act, therefore, has a most unjust and complete ex post facto operationthey are punished for the prosecution of their lawful trade, and for not knowing what did not exist. The claim of this class of petitioners, then, is incontrovertible, and if the trade is to continue interdicted, and a sacrifice is required to be made for the public good, it is the duty of the nation and not the individual to sustain it. Mr. LLOYD said, knowing as he did the disposition of the Senate, he should probably not have troubled them with any remarks on this occasion, had he not, in compliance with official usage, and the instructions of committee, been It has been said, the merchants ought to have the organ of a report repugnant alike to his feel-been aware of the state of the country-that the ings and opinions-hostile, as he believed, to the Government gave them ample warning of the interest of the nation, and adverse to the petition-crisis that was approaching, and they should ers, who were a large body of his constituents his fellow-townsmen, many of whom he personally knew-who were equal in respectability to any class of citizens in the United States, and who had a deep interest in the decision of the question a question on which, in many cases would depend the loss or preservation of the fruits of many years of their industry, and the continuance of their occupations, and perhaps subsistence, and which, if decided adversely, might reduce some of them from ease and affluence to penury and embarrassment. have forborne their adventures. On the contrary, sir, the Government, when it renewed the nonimportation act, left entirely open the export trade-by so doing it sanctioned that trade, and tacitly invited the merchants to engage in it. In what did this export trade consist? Principally in grain and flour shipped to the ports possessed by the British in Portugal and Spain-to Lisbon and Cadiz. It was well known that Spain and Portugal, as countries, were devastated, and wholly exhausted. They were utterly destitute of produce wherewith to make returns. MAY, 1812. Memorial of Boston Merchants. SENATE. It was perfectly well understood that payments in Council, professedly and expressly predicated could alone be received by drafts on England-upon the Berlin decree, would fall of course, and for their specie could not be withdrawn from that we should thus happily get rid of a system, thence the exportation of it is prohibited under which had been a race of folly all round the very heavy penalties, perhaps capital ones the compass, equally as it regards France, Great only resource then which remained to realize the Britain, and the United States; a system in which property, was by bills of exchange from America, these nations had become entangled by their and this channel has completely failed for the passions-to which they pertinaciously adhered, want of objects in which the purchasers could probably in spite of conviction, to the injury of invest the property so long as importations were their subjects and citizens, and from which none prohibited. Thus, then, are the merchants totally of them has the manliness or magnanimity first barred from realizing their funds arising from a to cut adrift. trade encouraged by their own Government, and Has France, sir, fulfilled her engagement? the proceeds of which have entered in a country, For proof, let me only refer to the 3d article of where alone, from the nature of that trade, it the Milan decree, which enacts-"That every could not but be deposited; and hence then it ship of whatever nation, or whatsoever the nature follows, that the importing and exporting mer-of its cargo, which sails from or proceeds to the chants have both a well-founded claim on the aid of Government before war commences, for the acquisition of their property-indeed no man could rationally suppose the Government would commence a war with the exclusion of it. So far from it, that it has been a generally received opinion, if war were actually intended, the ports of the United States would be first opened for importations; and if it be desirable on the part of the Government, as it seems to be its wish to impress on the people the probability or certainty of war, the doing this, attended with correspond ing measures of preparation, would effect it much more readily than by any other step that could be taken. But it is said, the United States are pledged to France. Trite and tiresome as this topic has become, he must be allowed briefly to retrace it. By the act of May 1, 1810, it was provided that in case either Great Britain or France should, before the 3d of March, 1811, so revoke or modify her edicts as that they should cease to violate the neutral commerce of the United States, the President should declare the fact; and if the other nation did not in like manner revoke or modify her edicts within three months thereafter, the restrictions on the commerce of the nation so refusing should be revived. On the 5th August, 1810, the Duke of Cadore addressed a note to Mr. Armstrong stating that the decrees of France were revoked, and would cease to operate on the 1st of November succeeding. On the 2d of November the President issued his proclamation, declaring that the French decrees were revoked, and importations from Great Britain subsequently to the 2d of February, 1811, were of consequence prohibited. Mr. LLOYD said, in this inquiry, although he considered the decision of the President as extremely ill-judged and unfortunate, he should not avail of his station to offer a direct insult to the highest authority of the nation. He meant not to impugn his motives-possibly the President imagined, that by confiding in the assurances of the French Government, perfidy might be rendered honest-that France might for once fulfil faithfully the engagements she had entered into, and, this being done, that the British Orders ports of England, or those of its colonies, or of countries occupied by English troops, shall be good and lawful prize, and may be captured by the ships of war, or privateers of France." Ís our commerce to such ports now allowed? Have these provisions of the decree ceased to be acted upon? It would be a libel upon the intelligence and vigilant attention of the Senate to cite instances of their continued and constant enforcement. On the importation of British manufactures our own laws have interdicted the possibility of their operation for the past twelve months-but captures of vessels coming from and going to Great Britain are notorious to every one, and the shelves of the Department of State are, or might be, lumbered with proofs of the daily application of this article of the decree to American vessels, which are captured, burnt, or scuttled, from, and going to ports in Spain and Portugal in possession of the British; and lest we should not credit the accounts of our plundered, unshipped, cast-off seamen, arriving destitute at homelest we should not credit the solemn depositions of the masters and mates of vessels that have been taken and destroyed-lest we should not credit the testimony of insurance companies who have paid forty, fifty, or sixty thousand dollars on single losses of this description*-lest perversions or incredulity should not even credit all these witnesses-in order to fasten the outrage upon us, insult is added to injury-and the commander of the destroying squadron, scarcely a month since, under his own hands, certifies the facts, and tells you he does this, not, sir, for his own security, not to prevent information of his course being given to his enemies, but in consequence of express orders from the Minister of Marine and of Colonies, so late even as January last; and avows his instructions to be, to capture or destroy all vessels bound to or from Great Britain, or her dependencies, or countries in her possession. In other words, to carry into full effect the provisions of the Berlin decree. After this, who will pretend that the decrees have ceased to violate the neutral commerce of the United *On the ship Telegraph alone, bound from New York to Lisbon, destroyed by two French frigates, the insurance office in that city paid sixty thousand dollars. SENATE. Proceedings. MAY, 1812. reported by the Committee correctly engrossed, The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Ninian Pinkney. 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, entitled, "An act for the relief of Thomas F. Reddick ;" and it was ordered to a third reading. On motion, the bill, entitled "An act to incorporate the Trustees of the Washington College," was referred to a select committee, to consider and report thereon; and Messrs. DANA, WorthingTON, and BRENT, were appointed the committee. States, or that they owe any obligation, express or implied, except that of vengeance, to France? What, sir, would be the effect of a suspension of the non-importation act on ourselves? In six months after importations were admitted, or in three months after it was fully known, if war was also expected, it would replenish your coffers by placing ten millions of dollars in the Treasury-appointed the committee. it would strengthen your merchants, and might enable them, by getting their property from abroad, to co-operate with the Government, and to advance double the amount of the loan recently attempted to be raised, the result of which, as it regards individual subscriptions, has disappointed every political man in the nation, whatever may be his tenets. Indeed, if war be inevitable, no man in his senses can deny that it would be highly expedient-that it would be greatly for the interest of the United States if every guinea in the British exchequer, if every shilling's worth of merchandise in her kingdom, were transported to this country even on credit. If this were the case, it would afford the means of commencing and continuing the war with better effect, and longer duration if needful, and would enlist in your favor a powerful body of men in that country, who would constantly be advocating your cause, and urging the termination of war and the settlement of peace. Reverse the picture, and interdict the recovery of this property-you weaken yourselves-impoverish your merchants at the outset alienate their affections from their own Government-insure their endeavors to force you into a speedy and perhaps almost dishonor- Mr. ANDERSON, from the committee to whom able peace; and instead of securing the influence was referred the bill, entitled "An act for the betof the British merchants and manufacturers inter regulation of the ordnance," reported it with your favor, and in favor of peace, you offer them a bribe, to encourage and protract the war, in order that they may hold the large amount of American property now in their hands, for their own use and on their own terms, with or without interest, during its continuance. Seeing, then, that no pledge, real, honorary, or imaginary, towards France, for a persistence in these restrictions, does or can exist that the merchants of the United States have a just and equitable claim for a suspension of them, and that such suspension would in his opinion greatly benefit the interest of the country, he felt it his duty to move, whatever fate might await the motion," That the memorial of the merchants of 'Boston be again referred to a committee, with 'instructions to bring in a bill for the relief of the 'petitioners." The question on postponement was now taken, and was determined in the affirmative-yeas 13, nays 6, as follows: YEAS-Messrs, Bibb, Campbell of Tennessee, Condit, Crawford, Cutts, Gregg, Leib, Robinson, Smith of Maryland, Smith of New York, Tait, Turner, Varnum. NAYS-Messrs. German, Gilman, Goodrich, Horsey, Lloyd, and Worthington. THURSDAY, May 7. The bill to admit the entry of vessels of the United States on certain conditions having been FRIDAY, May 8. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend an act, entitled 'An act to establish a quartermaster's department, and for other purposes," in which they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. an amendment, which was considered as in Committee of the Whole, and agreed to, and the President reported the bill to the House accordingly. On the question, Shall this bill be engrossed and read the third time as amended? it was determined in the affirmative. Mr. ANDERSON, from the committee to whom was referred the bill, entitled "An act making further provision for the Army of the United States," reported it with an amendment, which was considered as in Committee of the Whole, and agreed to; and 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 affirmative.. Mr. CAMPBELL, of Tennessee, from the committee to whom was referred the bill, entitled "An act to annex a part of West Florida to the Mississippi Territory," reported it with an amendment, which was considered as in Committee of the Whole, and agreed to; and 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 affirm-. ative. The bill for the relief of Ninian Pinkney having been reported by the Committee correctly engrossed, was read a third time, and passed. On motion by Mr. ANDERSON, Mr. POPE was SENATE. to consider and report thereon; and Messrs. ANDERSON, VARNUM, and TAYLOR, were appointed the committee. 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 passed. The amendment to the bill, entitled "An act making further provision for the Army of the United States," having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed with an amend ment. Whereas, the conduct of the French Government, in failing to make compensation for the property of the citizens of the United States, seized and confiscated under the Rambouillet decree, in the year 1810, in excluding from France, by enormous discriminating duties, our tobacco and cotton, the principal articles of export in the southern and southwestern parts of the United States, contrary to our just expectations, authorized by the assurances of her Minister; besides granting licenses to carry on a trade from certain ports of the United States, so disrespectful to the feelings, so derogatory to the sovereignty of an independent nation; and the recent and repeated aggressions of her public and private armed vessels on the lawful commerce of the United States; demand, from the impartiality, honor, and dignity of this Government, a disavowal of the arrangment made with her, which took effect on the 2d day of November, 1810, a measure calculated to inspire general confidence and respect, and to convince every true American that the object of his Government is, to unite the people in a manly American effort to resist foreign aggression: And whereas many of our citizens, under an expectation, or, at least, a hope, of a change in our relations with Great Britain, have, in the course of trade, acquired property abroad not admissible by existing laws into the United States, the importation of which it is reasonable and expedient to permit; expedient, because it will not only prevent injuries and loss to many of our citizens, but aid our finances, cheapen the public supplies until a sufficiency can be procured of home manufacture, and lessen the necessity of internal taxes to carry on the war in which we may be en-motion for consideration: gaged with Great Britain: therefore, The amendment to the bill, entitled "An act to annex a part of West Florida to the Mississippi Territory," having been reported by the committee correctly engrossed, the bill was read a third time as amended; and, on motion, the title was amended so as to read as follows: "An act to enlarge the boundaries of the Mississippi Territory." Resolved, That this bill pass with amendments. The amendment to the bill, entitled "An act for the better regulation of the ordnance," having been reported by the committee correctly engrossed, the bill was read a third time as amended; and, on motion, by Mr. ANDERSON, was further amended by unanimous consent. Resolved, That 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," passed on the first day of May, 1810, except the section thereof; all the force and effect of the President's proclamation, issued in virtue thereof, on the day of, in the same year; and 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," passed on the second day of March, 1811, ought to be repealed, annulled, and set aside; and that a committee be appointed to bring in a bill for that purpose. MONDAY, May 11. The bill, entitled "An act to amend an act, entitled 'An act to establish a quartermaster's department, and for other purposes," was read the second time, and referred to a select committee, Resolved, That this bill pass with amendments. Mr. GREGG, from the committee to whom was referred the bill, entitled "An act to extend the right of suffrage in the Illinois Territory," reported it with an amendment. Mr. CAMPBELL, of Tennessee, presented the petition of sundry citizens of the said Territory, on the subject-matter of the said bill; which was read, and the further consideration of the subject was postponed until to-morrow.. Mr. WORTHINGTON, from the committee to whom was referred the bill, entitled "An act providing for the government of the Territory of Louisiana," reported it with amendments. Mr. WORTHINGTON submitted the following Resolved, That a committee be appointed to inquire, if any, what, further provision is necessary to compel the residence and attendance of Territorial judges in their respective Territories, with leave to report by bill or otherwise. TUESDAY, May 12. should ask leave to bring in a bill supplementary Mr. BAYARD gave notice that to-morrow he to an act, entitled "An act for the admission of the State of Louisiana into the Union, and to extend the laws of the United States to the said State.". Mr. GREGG presented the memorial of certain persons, subjects of the Crown of Portugal, and masters of Portuguese vessels, which arrived at the port of Philadelphia since the passage of the last embargo law, for the purpose of procuring cargoes of flour and other provisions, and praying to be permitted to return to the ports of their own country with such cargoes. On motion, by Mr. GREGG, the memorial was referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and Messrs. GREGG, ANDERSON, BAYARD, CAMPBELL, of Tennessee, and TAYLOR, were appointed the committee. On motion, by Mr. GERMAN, the memorial of Charles Selden, and others, citizens of the State of New York, presented on the 22d April, was also referred to the committee last mentioned, to consider and report thereon by bill or otherwise. The Senate resumed the consideration of the motion made yesterday, by Mr. WORTHINGTON, which was amended and agreed to, as follows: Resolved, That a committee be appointed to inquire, if any, what, further provision is necessary to compel the residence and attendance of judges in their respective circuits, districts, and territories, with leave to report by bill or otherwise; and also into the propriety of prohibiting the judges from practising in the State courts. Ordered, That Messrs. BAYARD, WORTHINGTON, and CAMPBELL, of Tennessee, be the committee. MAY, 1812. ment, 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 affirmative. Mr. WORTHINGTON, from the committee to whom was referred the bill, entitled "An act to ascertain and establish the western boundary of the tract reserved for satisfying the military bounties allowed to the officers and soldiers of the Virginia line on continental establishment,” reported it with amendments. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act providing for the government of the Territory of Louisiana," together with the amendments reported thereto by the select committee; and having agreed thereto, the President reported the bill to the House accordingly; and the bill was further amended; and, on motion, by Mr. TAIT, the further consideration thereof was postponed until to-morrow. A message from the House of Representatives informed the Senate that the House have passed A message from the House of Representatives the bill, which originated in the Senate, entitled informed the Senate that they have passed a res- "An act to incorporate a bank in the town of olution authorizing the President of the United Alexandria, by the name and style of the MeStates to cause a census to be taken of the popu-chanics' Bank of Alexandria," with amendments, lation of the Mississippi Territory, in which res- in which they request the concurrence of the olution they now request the concurrence of the Senate. Senate. The Senate resumed the consideration of the motion made on the 8th instant, by Mr. POPE, on the subject of commercial restrictions. On the question, Shall this resolution pass? it was determined in the negative-yeas 8, nays 15, as follows: YEAS-Messrs. Bayard, Dana, German, Gilman, Goodrich, Horsey, Pope, and Worthington. NAYS-Messrs. Anderson, Bibb, Campbell, of Tennessee, Condit, Crawford, Cutts, Gaillard, Gregg, Howell, Robinson, Smith of New York, Tait, Taylor, Turner, and Varnum. WEDNESDAY, May 13. The number of Senators present not being sufficient to constitute a quorum, on motion, that the Senate adjourn, it was determined in the affirmative-yeas 8, nays 5, as follows: YEAS-Messrs. Bibb, Crawford, Gaillard, Gilman, Gregg, Robinson, Tait, and Varnum. NAYS-Messrs. Bayard, German, Horsey, Taylor, and Worthington. THURSDAY, May 14. The resolution authorizing the President of the United States to cause a census to be taken of the population of the Mississippi Territory, was read, and passed to the second reading. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to extend the right of suffrage in the Illinois Territory, and for other purposes," together with the amendment reported thereto by the select committee; and, having agreed to the amend · Mr. WORTHINGTON, from the committee to whom was referred the bill, entitled "An act to authorize the election of sheriffs in the Indiana Territory, and for other purposes," reported it with amendments. Mr. BAYARD asked and obtained leave to bring in a bill supplementary to an act, entitled “An act for the admission of the State of Louisiana into the Union, and to extend the laws of the United States to the said State; and the bill was read, and passed to the second reading. Mr. POPE, from the committee to whom was referred the bill, entitled "An aut for the relief of John N. Stout," reported it without amendment; and the bill was ordered to a third reading. Mr. BRENT, from the committee appointed to consider the subject, reported a bill authorizing Washington; and the bill was read, and passed an increase of the capital stock of the Bank of to the second reading. The Senate proceeded to consider the amendbill, entitled "An act to incorporate a bank in the ments of the House of Representatives to the town of Alexandria, by the name and style of the Mechanics' Bank of Alexandria," and concurred therein.: FRIDAY, May 15. The amendment to the bill, entitled "An act to extend the right of suffrage in the Illinois Territory, and for other purposes," having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed. Mr. BAYARD, from the committee appointed to |