JUNE, 1812. Proceedings. SENATE. lin and Milan, with renewed assurances of a determi-a detachment from the militia of the United nation to enforce them, and Great Britain having an- States ;" and the bill was read, and passed to the nounced her deliberate purpose of making her Orders second reading. in Council commensurate with those decrees, we are impressed with a belief that a war, once begun, must be continued during the present European conflict, and perhaps abandoned, after years of disaster, incident to all wars, without accomplishing the object for which it was undertaken, The bill, entitled "An act authorizing the remission of forfeited recognisances within the District of Columbia." was read a third time, and passed. The PRESIDENT signed the enrolled bill last livered to the committee, to be laid before the reported to have been examined, and it was dePresident of the United States. MONDAY, June 15. Mr. HUNTER, from the committee to whom was referred the bill, entitled "An act authorizing the discharge of William Peck from his imprisonment," reported it without amendment. We forbear to present to the consideration of your honorable body a detail of those multiplied evils which we anticipate in such a conflict, lest their magnitude and variety might be considered as calculated to deMr. SMITH, of Maryland, presented a memorial, press the just confidence of the people in the national signed by Charles Carroll, of Carrollton, and a spirit and resources, and to encourage the persever-large number of others, inhabitants of Ann Arunance of foreign nations in pretensions hostile to our del country, in the State of Maryland, deprecating rights. We cannot, however, but hope that Govern- the declaration of war with Great Britain, and ment, having tried for years a system of restrictions stating their reasons at large against the measure ; which has proved ineffectual in respect to foreign na-and the memorial was read. tions, and ruinous to ourselves, will once more restore us to our commercial pursuits, and, without abandoning just claims of reparation, will enable us to aid in those preparations which, in some more auspicious pe-. riod, may afford capacity of vindicating such claims with a probability of success. And we can, upon this most solemn occasion, appeal to the Searcher of Hearts, that, in this application to your honorable body, we are influenced by no party considerations, no spirit of disaffection, no disposition to embarrass the proceedings, or reproach the motives of any of the Departments of Government. Neither do the people of Massachusetts, unmindful of the example of their ancestors, take coun-read the second time. sel from fear. But in this last and respectful effort in behalf of their commercial rights, and to induce the National Government to pause and rescue their country from war, they are impelled by dictates of self-preservation, by their attachment to the Union, by a persuasion of the invincible and growing opposition of the people to these measures, and by duty to themselves, to posterity, and to God. TIMOTHY BIGELOW, Speaker. Ordered, That the foregoing memorial be signed by BENJAMIN POLLARD, Clerk, SATURDAY, June 13. Mr. GREGG, from the committee to whom the subject was recommitted for the purpose, reported a bill for the relief of James Wilkinson; and the bill was read, and passed to the second reading. Mr. GREGG, from the committee to whom was referred the bill, entitled "An act for the relief of Clement B. Penrose," reported it without amendment; and, on his motion, the bill was considered as in Committee of the Whole; and, no amend ment having been proposed, it was ordered to a third reading. Mr. SMITH, of Maryland, from the committee appointed on the subject, reported a bill supplementary to the act, entitled 'An act to authorize Mr. REED, from the committee to whom was referred the bill, entitled "An act for the relief of Lieutenant William D. Beall," reported it without amendment. The bill for the relief of James Wilkinson was Mr. TAIT presented sundry resolutions, signed W. B. Bullock, chairman, adopted on the third instant, at a meeting of the citizens of Savannah and its vicinity, on the subject of our relations with Great Britain and France, and approbatory of the measures of the General Government for the maintenance of our national rights. Mr. VARNUM presented the petition of Charles W. Goldsborough and others, praying a charter of incorporation to a company for the establishment of a bank in the City of Washington; and the petition was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. VARNUM, GREGG, and TAYLOR, were appointed the committee. A message from the House of Representatives informed the Senate that the House disagree to the amendments of the Senate to the bill, entitled "An act for the more perfect organization of the infantry of the Army of the United States;" they ask a conference on the subject-matter thereof, and have appointed managers on their part. The House of Representatives have passed a bill, entitled "An act confirming grants to land in the Mississippi Territory, derived from the British Government of West Florida, not subsequently regranted by the Government of Spain or of the United States;" also, a bill, entitled "An act supplementary to 'An act authorizing the President of the United States to raise certain companies of rangers for the protection of the frontier of the United States;" in which bills they request the concurrence of the Senate. The following Message was received from the PRESIDENT OF THE UNITED STATES: Mr. GREGG, from the committee to whom was referred the bill, entitled "An act confirming claims to lands in the Mississippi Territory, found ed on warrants of survey granted by the Spanish Government," reported it with amendments. Mr. BAYARD, from the committee to whom was referred the bill, entitled "An act to amend the laws within the District of Columbia," reported it with amendments. Mr. BAYARD, from the same committee, reported the bill, entitled "An act conferring certain powers on the Levy Court for the county of Washington, in the District of Columbia," with amendments. The two bills brought up yesterday from the House of Representatives for concurrence were read, and severally passed to the second reading. The Senate took into consideration the resolution of the House of Representatives requesting a conference on the disagreeing votes of the two Houses on the bill, entitled "An act for the more perfect organization of the infantry of the Army of the United States ;" and, having agreed thereto, Messrs. SMITH, of Maryland, ANDERSON, and VARNUM, were appointed the managers on the part of the Senate. Mr. REED, from the committee to whom was referred the bill, entitled "An act authorizing the President of the United States to lease, for a term of years, one of the public reservations of ground in the City of Washington," reported it without amendment. On motion of Mr. SMITH, of Maryland, the further consideration thereof was postponed to the first Monday in October next. Mr. REED, from the same committee, reported the bill authorizing the President of the United States to lease, for a term of years, any part of the reservations of public ground in the City of Washington, without amendment. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act for the relief of Lieutenant Colonel William D. Beall ;" and, no amendment having been proposed, it was ordered to a third reading. The bill, entitled "An act for the relief of Clement B. Penrose," was read a third time, and passed. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of JUNE, 1812. Representatives of the United States: I transmit, for the information of Congress, copies of a letter to the Secretary of State from the Chargé des Affaires of the United States at London, accompanied by a letter from the latter to the British Minister of Foreign Affairs. JAMES MADISON. JUNE 16, 1812. The Message and documents therein mentioned were read. WEDNESDAY, June 17. The bill, entitled "An act confirming grants to lands in the Mississippi Territory, derived from the British Government of West Florida, not subsequently regranted by the Government of Spain time, and referred to a select committee, to conor of the United States," was read the second sider and report thereon; and Messrs. GREGG, WORTHINGTON, and TAFT, were appointed the committee. An act authorizing the President of the United The bill, entitled "An act supplementary to States to raise certain companies of rangers for the protection of the frontier of the United States," was read the second time, and referred to a select Messrs. ANDERSON, GERMAN, and REED, were committee, to consider and report thereon; and appointed the committee. Whole, the consideration of the bill authorizing The Senate resumed, as in Committee of the the President of the United States to lease, for a term of years, any part of the reservations of the public ground in the City of Washington; and, the bill having been amended, the President reported it to the House accordingly. and read a third time, as amended? it was deterOn the question, Shall this bill be engrossed mined in the affirmative. informed the Senate that the House have passed A message from the House of Representatives of Treasury notes;" in which they request the a bill, entitled "An act to authorize the issuing concurrence of the Senate. THURSDAY, June 18. The bill yesterday brought up from the House of Representatives for concurrence was read, and passed to the second reading. The bill authorizing the President of the United States to lease, for a term of years, any part of the reservations of public ground in the City of Washington, having been reported by the committee correctly engrossed, was read a third time; and, on motion by Mr. BRENT, recommitted to Messrs. REED, BRENT, and GILMAN, further to consider and report thereon. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act conferring certain powers on the Levy Court for the county of Washington, in the District of Columbia," 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 affirm ative. The Senate resumed, as in Committee of the Whole, the consideration of the bill. entitled "An act to amend the laws within the District of Columbia," 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 affirmative. The bill, entitled "An act for the relief of Lieutenant Colonel William D. Beall," was read a third time, and passed. The Senate resumed, as in Committee of the Whole, the consideration of the bill supplementary to the act, entitled "An act to authorize a detachment from the militia of the United States," passed April 10, 1812. On motion, by Mr. BAYARD, the bill was referred to a select committee, to consider and report thereon; and Messrs. BAYARD, SMITH. of Maryland, and WORTHINGTON, were appointed the committee. The injunction of secrecy thereon having been removed, on motion, by Mr. ANDERSON, twelve hundred copies of the confidential Message of the President of the United States of the first of June instant, was ordered to be printed for the use of the Senate. Certain confidential proceedings of the Senate, since first June, are as follow. the injunction of secrecy having been removed: MONDAY, June 1, 1812. A confidential Message was received from the PRESIDENT OF THE UNITED STATES, as follows: [For this Message, see the Supplemental Journal of the Proceedings of the House of Representatives under the date of June 1, 1812, post.] SENATE. between Great Britain and her dependencies, and the United States and their Territories; in which they ask the concurrence of the Senate; and request that the bill be considered confidentially. An act declaring war between Great Britain and her dependencies, and the United States and their Territories. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That war be and the same is hereby declared to exist between Great Britain and her dependencies, and the United States and their Territories; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect; and to issue to private armed vessels of the United States commissions or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects, of the Government of Great Britain, of its subjects, and of all persons inhabiting within any of its territories or pos sessions. On motion, the bill was twice read by unanimous consent; and, on motion by Mr. LEIB, it was referred to the committee appointed the 1st instant on the confidential Message of the President of the United States of the same date, to consider and report thereon. The Message and documents therein referred to were read, and referred to a select committee, to consist of seven members, to consider and report thereon by bill or otherwise; and Messrs." ANDERSON, SMITH, of Maryland, LEIB, CAMPBELL, of Tennessee, HoWELL, LLOYD, and TAYLOR, were appointed the committee. WEDNESDAY, June 3. On motion by Mr. BAYARD, the confidential Message of the President of the United States, of the 1st instant, was ordered to be printed for the use of the Senate, under an injunction of secrecy. FRIDAY, June 5., A confidential message was received from the House of Representatives, by Messrs. MACON and FINDLEY, two of their members-Mr. MACON, chairman: Mr. President: The House of Representatives have passed a bill, entitled "An act declaring war MONDAY, June 8, Mr. ANDERSON, from the committee to whom was referred the bill, entitled “An act declaring war between Great Britain and her dependencies, and the United States and their Territories," reported the bill with amendments. The committee also reported sundry communications, confidentially made to them, from the Treasury and War Departments on the subject. On motion by Mr. LLOYD, Ordered; That the Secretary furnish copies of the said communications to such Senators as may require them. TUESDAY, June 9. On motion by Mr. ANDERSON, the bill, entitled An act declaring war between Great Britain and her dependencies, and the United States and their Territories," was considered as in Committee of the Whole. Mr. GAILLARD was requested to take the Chair; and, after debate, a motion was made by Mr. GREGG, that the bill be recommitted, for further amendment, to the committee who have under consideration the Message of the President of the United States of the 1st June. And, after debate, the President resumed the Chair, and the Senate adjourned. WEDNESDAY, June 10. Mr. GAILLARD was requested to take the Chair. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act declaring war between Great Britain and her dependencies, and the United States and their Territories." Mr. GREGG, by permission, amended his motion SENATE. Reprisals on British Commerce for recommitting the bill to the committee appointed on the confidential Message of the President of the United States, of the 1st of June, as follows: Resolved, That the bill, entitled “An act declaring war between Great Britain and her dependencies, and the United States and their Territories," be recommitted to the committee to whom was committed the Message of the President, of the 1st instant, with instructions to modify and amend the same, in such manner that the President of the United States shall have power to authorize the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof; and also to grant letters of marque and reprisal, under suitable regulations, to be provided in the bill, to private armed ships and vessels to make like reprisals. JUNE, 1812. same, in such manner that the President shall have the power to authorize the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United Kingdom of Great Britain and Ireland, and to the subjects thereof; and also to grant letters of marque and reprisal, under suitable regulations, to be provided in the bill, to private ships and vessels to make reprisals, agreeably to said instructions, reported as follows: "After the word that, in the third line of the bill, strike out the residue of the bill, and insert the following amendment: The President of the United States shall be and he is hereby authorized, from and after the day of next ensuing, to cause reprisals to be made upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United On motion by Mr. SMITH, of Maryland, that Kingdom of Great Britain and Ireland, or to the subthe motion be amended, so as that the bill be re-jects thereof, which may be found on the high seas, or committed to a new committee, it was determined elsewhere, after the said in the negative. And after debate, the President resumed the Chair, and the Senate adjourned. THURSDAY, June 11. Mr. GAILLARD was requested to take the Chair. On motion by Mr. ANDERSON, the bill from the House of Representatives, entitled "An act de claring war between Great Britain and her dependencies, and the United States and their Territories," was resumed, and considered as in Committee of the Whole, together with the motion yesterday submitted by Mr. GREGG; and, on the question to agree to the motion, it was determined in the affirmative-yeas 17, nays 13, as follows: YEAS-Messrs. Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Reed, Smith of New York, and Worthington. NAYS-Messrs. Anderson, Bibb, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Pope, Smith of Maryland, Tait, Taylor, Turner, and Varnum. Whereupon, Mr. CRAWFORD resumed the Chair; and, on motion by Mr. ANDERSON, it was ordered that the committee to whom this bill is mitted have leave to sit immediately. FRIDAY, June 12. Mr. LLOYD Submitted the following motion for consideration: day of - next, excepting such ships, vessels, or property, as now are, or may, before the said day of next, be within the ports and harbors, or under the control, of the United States, and all ships, vessels, or property, within the jurisdiction of any Power with whom the United States are not engaged in war; and, for the purposes aforesaid, to instruct the commanders of the public armed vessels which are or which shall be employed in the service of the United States, to subdue, seize, and take, any armed or other British vessel belonging to the said United Kingdom of Great Britain and Ireland, or to the subjects thereof, which shall be found within the jurisdictional limits of the United States, or elsewhere, on the high seas as aforesaid. And such captured vessel, with her apparel, guns, and appurtenances, and the goods or effects which shall be found on board the same, being British property, shall be brought within some port of the United States, and shall be duly proceeded against and condemned as forfeited, and shall accrue and be distributed as by law is or shall be provided, respecting the captures which shall be made by the public armed vessels of the United States. 66 SEC. 2. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to grant, to the owners of private armed recom-ships and vessels of the United States, who shall make application therefor, commissions in the form which he shall direct, under the seal of the United States; and such private armed vessels, when duly commissioned as aforesaid, shall have the same license and authority for subduing, seizing, and capturing any armed or other British vessels belonging to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, and for the recapturing of the vessels, goods, and effects, of the people of the United States, law have, and shall be in like manner subject to as the public armed vessels of the United States by such instructions as shall be ordered by the President of the United States, in conformity with the established law of nations, and the treaties and laws of the United States, for the regulation of their conduct; and the revocable at the pleasure of the President of the United commissions which shall be granted as aforesaid shall be States "That the President of the United States be requested to cause to be laid before the Senate, confidentially, or otherwise, as he may deem expedient, all the information in the Department of State, not heretofore communicated, having relation to the conduct of Great Britain and France towards the United States." Ordered, That it lie for consideration, REPRISALS ON BRITISH COMMERCE. Mr. ANDERSON, from the committee to whom was recommitted the bill, entitled "An act declaring war between Great Britain and her dependencies, and the United States and their Territories," with instructions to modify and amend the son intending to set forth and employ an armed vessel, "SEC. 3. And be it further enacted, That every perand applying for the commission as aforesaid, shall pro JUNE, 1812. Reprisals on British Commerce. duce, in writing, the name, and suitable description of the tonnage and force, of the vessel, and the name of residence of each owner concerned therein, the number of the crew, and the name of the commander and the two officers next in rank appointed for such vessel; which writing shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State. SENATE. against before the district court of the same district; and, after a due course of proceeding, such capture shall be decreed as forfeited in the district court, or in the circuit court of the same district in the case of any appeal duly allowed, the same shall be delivered to the owners and captors concerned therein, or shall be publicly sold by the marshal of the same court, as shall be finally decreed and ordered by the court. And the same court, who shall have final jurisdiction of any libel or complaint of any capture as aforesaid, shall and may decree restitution in whole or part, when the capture and restraint shall have been made without just cause as aforeasaid; and if made without probable cause, or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners, officers, and crews, of the private armed vessel or vessels by which such unjust capture shall have been made, and, also, such vessel or vessels shall be answerable and liable. "SEC. 4. And be it further enacted, That, before any commission as aforesaid shall be issued, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of thousand dollars; or, if such vessel be provided with more than one hundred and fifty men, then in the penal sum of - thousand "SEC. 8. And be it further enacted, That all Britdollars, with condition that the owners, and officers, ish subjects and others, who shall be found acting on and crew, who shall be employed on board of such board of any British vessel which shall be captured, or commissioned vessels, shall and will observe the trea- on board of any vessel of the United States which ties and laws of the United States, and the instructions shall be recaptured as aforesaid, shall be reported to which shall be given them as aforesaid for the regula the collector of the port in which they shall first arrive, tion of their conduct, and will satisfy all damages and and shall be delivered to the custody of the marshal injuries which shall be done or committed contrary to or some civil or military officer of the United States, the tenor thereof by such vessel, during her commis-or of any State, in or near such port, who shall receive sion, and to deliver up the same when revoked by the President of the United States. "SEC. 5. And be it further enacted, That all public and private ships and vessels, goods, and merchandise, belonging to the Crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, together with their apparel, guns, and appurtenances, which shall be found on board the same, being British property, and which shall be captured by any private armed vessel or vessels of the United States, duly commissioned as aforesaid, shall be forfeited, and shall ac crue to the owners thereof and the officers and crews by whom such capture shall be made, and, on due condemnation had, shall be distributed according to any agreement which shall be between them, or, in failure of such agreement, then by the discretion of the court before whom such condemnation shall be.. and take into custody the said subjects or persons for their safe-keeping and support, at the expense of the United States.' Amend the title, after the word "act," strike out the rest of the title, and insert "authorizing reprisals against the Crown of the United Kingdom of Great Britain and Ireland, and the subjects thereof." And the report was read. Whereupon, Mr. GAILLARD was requested to take the Chair; and the bill and amendments were considered as in Mr. POPE, to amend the report, by inserting, afCommittee of the Whole; and, on motion, by ter the word "thereof," in the tenth line of the first section, the words "and, also, upon the public and private ships and vessels, goods, and merchandise, belonging to the Crown of France or to the subjects thereof:" it was determined in the negative-yeas 15, nays 17. as follows: NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Robinson, Smith of New York, Tait, Taylor, Turner, and Varnum. "SEC. 6. And be it further enacted, That all vessels, goods, and effects, the property of any citizen of the United States, or person resident therein, which shall YEAS-Messrs. Bayard, Condit, Dana, German, be recaptured as aforesaid, shall be restored to the law-Giles, Gilman, Goodrich, Horsey, Hunter, Lambert, ful owners upon payment by them respectively of a Lloyd, Pope, Reed, Smith of Maryland, and Worthjust and reasonable salvage, to be determined by the ington. mutual agreement of the parties concerned, or by the decree of any court of the United States having maritime jurisdiction, according to the nature of each case; provided, that such allowance shall not be less than one-eighth, or exceeding one-half, of the full value of such recapture, without any deduction; and such salvage shall be distributed to and among the owners, of ficers, and crews, of the private armed vessel or vessels entitled thereto, according to any agreement which shall be between them, or, in case of no agreement, then by the decree of the court who shall determine upon such salvage. On the question to strike out, as reported by the committee, for the purpose of inserting the amendments, the yeas were 16, and the nays 16. On motion, by Mr. LEIB, the yeas and nays having been required by one-fifth of the Senators present, those who voted in the affirmative, are: Messrs. Bayard, Condit, Dana, German, Gilman, Leib, Lloyd, Reed, Smith of New York, and WorthGoodrich, Gregg, Horsey, Howell, Hunter, Lambert, ington. "SEC. 7. And be it further enacted, That, before breaking bulk of any vessel which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, Those who voted in the negative, are: such capture shall be brought into some port of the Messrs. Anderson, Bibb, Brent, Campbell of TenUnited States, and shall be libelled and proceedednessee, Crawford, Cutts, Franklin, Gaillard, Giles, |