H. OF R. Apportionment of Representation. Virginia delegation, I believe, would most of us have preferred 40,000 to a member, but we took 37,000, to prevent what Rhode Island and Connecticut alleged would have been injustice to them, namely, a reduction of their numbers in this body. For this act of conciliation, how, sir, have we been requited by the small States? They have united in rejecting the ratio of 37,000, and in taking a smaller one, which throws almost all the large fractions on the southern part of the Union. I am very far from ascribing any incorrect intention to any one. I would not, in the slightest degree, insinuate that it was the intention of the Senate, or that it is now within the view of this House to do injustice to any section of this Confederacy. Yet, from the enactment of this bill, as amended by the Senate, the most obvious and manifest injustice would accrue to almost the entire southern portion of the Union. This will appear from a superficial view of the results arising from the ratio of 35,000, which has been substituted by the Senate. DECEMBER, 1811. an additional unrepresented remainder of 52,000 than that the Southern country alone should have a disproportionate unrepresented remainder of 98.000? It is certainly better that the whole should yield fifty than one-half near an hundred. Geographical comparisons and local distinctions are at all times, sir, repugnant to my feelings. I avoid them whenever it is in my power. But I have been driven into the remarks which I have made by the course this business and the debate upon it have taken. And I am sorry that I am under the necessity of still trespassing for a moment on the attention of the House while I answer some observations of the gentleman from Pennsylvania, (Mr. SMILIE.) If I understood. the gentleman, he said the secret was, that the Southern people wanted the preponderance. Is it meant, sir, to convey, by these expressions, an insinuation that there are Southern men on this floor who act in a secret, clandestine way? Who profess one motive and act from another? Whatever may be intended, the observation is unmerited, and I repel it. I will not, for a moment, allow myself to believe that there is any man in this Assembly who would be capable of such conduct. I regret, Mr. Speaker that the gentleman has thought it necessary on this occasion to call over the roll of appointments that have been conferred on particular States, and that he has entered into and Pennsylvania in this respect. Topics of this a comparison of the favors received by Virginia in themselves. Without, therefore, entering mysort are extremely painful to me, and invidious self at all on the subject, I will only observe, that if, in fact, from Virginia there have been more high federal officers than from Pennsylvania, I will leave it entirely to the gentleman from that State to calculate the causes of it. The nine States to the north and eastward of Maryland contain the federal number of 3,546,848, and then their aggregate fractions or remainders amount to 81,864. The eight Southern States, inclusive of Maryland, comprise the federal number (deducting for the slaves) of 3,037,412. Thus three and a half millions in the North have about eighty thousand unrepresented, while only about 3,000,000 in the South have near one hundred and seventy thousand unrepresented. The disIf the Northern States proportion is enormous. have 81,000 of remainders, the Southern States, according to the law of proportion, should have 69,000. But they have in fact 167,000, from which, if you deduct the rightful proportion of 69,000, it will be evident that they have an over proportion of unrepresented remainders, amounting to 98,000. By adopting the Senate's amendment, the Eastern States, moreover, gain nine Representatives, and the Southern States two only. The ratio of 35,000 is therefore peculiarly unequal in its operation, and consequently unjust. If, Mr. Speaker, the principles which at first guided us upon this subject are now to be de- Those who voted in the affirmative, areserted, all that I ask is equality. It was a few William Anderson, Stevenson Archer, Daniel Avedays ago remarked by a venerable gentleman ry, Ezekiel Bacon, Josiah Bartlett, Abijah Bigelow, from North Carolina, (Mr. MACON,) that at last Harmanus Bleecker, Adam Boyd, Elijah Brigham, he expected this matter would resolve itself into Epaphroditus Champion, Martin Chittenden, Thomas pen and ink calculation. Although I reposed B. Cooke, John Davenport, jr., Roger Davis, Samuel much in the discernment of that gentleman, I Dinsmore, William Ely, James Emott, William Findthen hoped his prediction would not be fulfilled. ley, James Fisk, Asa Fitch, Thomas R. Gold, Charles I, however, now begin to discover strong indica- Goldsborough, Isaiah L. Green, Bolling Hall, Obed tions that it is to be verified. If so, let this affair Hall, John A. Harper, John M. Hyneman, Richard be referred for an arithmetical estimate. Let the Jackson, jr., Philip B. Key, Lyman Law, Robert Le calculations be only made with tolerable accu-James Milnor, Samuel L. Mitchill, Jonathan O. MoseRoy Livingston, Alexander McKim, Arunah Metcalf, racy, and I am content. The gentleman from Maryland has declared his object to be the reduction of the aggregate fraction, and he therefore takes the smallest ratio. The entire fraction at 37,000 is 52,000 greater than at 35,000. Waiving all other objections to the gentleman's reasoning, I would ask him if it is not better that the whole nation should have After considerable further debate the question that the House do concur with the Senate in their first amendment, to wit: to strike out the words thirty-seven," before the word "thousand," and insert "thirty-five," being taken, it was determined in the negative-yeas 65, nays 64. 66 ley, William Paulding, jr., William Piper, Timothy Cortlandt, jr., Laban Wheaton, Leonard White, William Widgery, and Robert Wright. Those who voted in the negative are— Willis Alston, jr., John Baker, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, James Breckenridge, Robert Brown, William A. Burwell. William Butler, John C. Calhoun, Langdon Cheves, John Clopton, Lewis Condit, William Crawford, John Dawson, Joseph Desha, Elías Earle, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Edwin Gray, Felix Grundy, Aylett Hawes, Jacob Hufty, Richard. M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefever, Joseph Lewis, junior., Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, William McCoy, Samuel McKee, James Morgan, Jeremiah Morrow, Hugh Nelson, Thomas Newbold, Thomas Newton, Stephen Ormsby, Joseph Pearson, Israel Pickens, James Pleasants, jr., John Randolph, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, John Smith, Richard Stanford, Philip Stuart, John Taliaferro, George M. Troup, Robert Whitehill, David R. Williams, Thomas Wilson, and Richard Winn. The other amendments of the Senate to the bill being governed by the first amendment, were, consequently, disagreed to,1 It was then ordered, on motion of Mr. RANDOLPH, that a conference be held with the Senate on the subject-matter of the said amendments; and Mr. RANDOLPH, Mr. LACOCK, and Mr. CONDIT, were appointed managers at the said conference on the part of this House. FRIDAY, December 6. Mr. EMOTT presented a petition of Harrison and Lewis, of the city of New York, merchants, praying permission to import from the British West India islands, goods to the amount of debts owing to them by certain inhabitants in said islands. Referred to the Committee of Commerce and Manufactures. H. OF R. Mr. PORTER said that the House were probably expecting from the Committee of Foreign Relations some explanations of their views in reporting the resolutions now under consideration, in addition to the general exposition of them contained in the report itself. The committee themselves felt that such explanations were due, inasmuch as they had only reported in part, and had intimated their intention to follow up these resolutions, should they be adopted, by the recommendation of ulterior measures. The committee, Mr. P. said, after examining the various documents accompanying the President's Message, were satisfied, as he presumed every member of the House was, that all hopes of accommodating our differences with Great Britain by negotiation must be abandoned. When they looked at the correspondence between the two Governments; when they observed the miserable shifts and evasions (for they were entitled to no better appellation) to which Great Britain resorted to excuse the violations of our maritime rights, it was impossible not to perceive that her conduct towards us was not regulated even by her own probable extent of our forbearance. The last six sense of justice, but solely by a regard to the years had been marked by a series of progressive encroachments on our rights; and the principles by which she publicly upheld her aggressions, were as mutable as her conduct. We had seen her one year advancing doctrines, which the year before she had reprobated. We had seen her one day capturing our vessels under pretexts, which on the preceding day she would have been ashamed or afraid to avow. Indeed, said Mr. P., she seems to have been constantly and carefully feeling our pulse, to ascertain what potions we would bear; and if we go on submitting to one indignity after another, it will not be long before we shall see British subjects, not only taking our property in our harbors, but trampling on our persons in the streets of our cities. Mr. SMILIE presented a memorial of the Pres- Having become convinced that all hopes from dent and Managers of the Union Canal Com- further negotiation were idle, the committee, Mr. pany of Pennsylvania, praying the aid and pat-P.'said, were led to the consideration of another ronage of the General Government in accomplishing the extensive and useful works in which they are engaged; which was read, and referred to a select committee. Messrs. SMILIE, RIDGELY, RINGGOLD, BAKER, and BLEECKER, were appointed the committee. question, which was-whether the maritime rights which Great Britain is violating were such as we ought to support at the hazard and expense of a war? And he believed he was correct in stating that the committee was unanimously of the opinion that they were. The committee thought that A message from the Senate informed the the Orders in Council, so far as they go to interHouse that the Senate insist on their amend-rupt our direct trade, that is, the carrying of the ments, disagreed to by this House, to the bill "for the apportionment of Representatives among the several States according to the third enumeration;" agree to the proposed conference, and have appointed managers on their part at the same. FOREIGN RELATIONS. The House resolved itself into a Committee of the Whole on the state of the Union, to which Committee of the Whole was committed the report of the Committee on Foreign Relations, made some days ago. The report having been read productions of this country to a market in the ports of friendly nations, and returning with the proceeds of thein-ought to be resisted by war. How far we ought to go in support of what is commonly called the carrying trade, although the question was agitated in the committee, no definitive opinion was expressed. It was not deemed necessary, at this time, to express such an opinion, inasmuch as the injury we sustain by the inhibition of this trade is merged in the greater one to our direct trade. The Orders in Council, Mr. P. said, of which there seemed. now to be no prospect of a speedy H. OF R. Foreign Relations. DECEMBER, 1811. repeal-certainly none during the continuance of could harass, if not destroy, the vast and profitthe present war-authorized the capture of ourable commerce which she is constantly carrying vessels bound to and from ports where British on to every part of this continent. We could commerce is not favorably received; and as that destroy her fisheries to the north; we could depnation is at war with most of the civilized world, redate upon her commerce to the West India the effect was (as he understood from those who islands, which is passing by our doors; we could had much better information on the subject than annoy her trade along the coast of South America; he could pretend to) to cut up, at once, about we could even carry the war to her own shores three-fourths of our best and most profitable com- in Europe. But, Mr. P. said, there was another merce. It was impossible that the mercantile or point where we could attack her, and where she agricultural interests of the United States, which would feel our power still more sensibly. We on the question of a right to the direct trade could could deprive her of her extensive provinces lying never be separated, could submit to such imposi-along our borders to the north. These provinces tions. It was his opinion, that going upon the were not only immensely valuable in themselves, ground of a mere pecuniary calculation, a calcu- but almost indispensable to the existence of Great lation of profits and loss, it would be for our in- Britain, cut off as she now is in a great measure terest to go to war to remove the Orders in from the north of Europe. He had been credibly Council, rather than submit to them, even during informed that the exports from Quebec alone the term of their probable continuance. amounted, during the last year, to near six milBut there was another point of view in which lions of dollars, and most of these too in articles the subject presented itself to the committee, and of the first necessity-in ship timber and in prothat was as regarded the character of the country. visions for the support of her fleets and armies. We were a young nation, and he hoped we cher- By carrying on such a war as he had described, ished a little pride and spirit, as well as a great at the public expense, on land, and by individual deal of justice and moderation. Our situation enterprise at sea, we should be able in a short was not unlike that of a young man just entering time to remunerate ourselves tenfold for all the into life, and who, if he tamely submitted to one spoliations she had committed on our commerce. cool, deliberate, intentional indignity, might safely It was with a view to make preparations for calculate to be kicked and cuffed for the whole of such a war, that the committee had offered the the remainder of his life; or, if he should after-resolutions on the table. Whether the means wards undertake to retrieve his character, must do it at ten times the expense which it would have cost him at first to support it. We should clearly understand and define those rights which as a nation we ought to support, and we should support them at every hazard. If there be any such thing as rights between nations surely the people of the United States, occupying the half of a continent, have a right to navigate the seas, without being molested by the inhabitants of the little island of Great Britain. It was under these views of the subject that the committee did not hesitate to give it as their opinion that we ought to go to war in opposition to the Orders in Council. But as to the extent of the war and the time when it should be commenced, there would of course be some diversity of sentiment in the House, as there was, at first, in the committee. That we can contend with Great Britain openly and even handed on the element where she injures us, it would be folly to pretend. Were it even in our power to build a navy which should be able to cope with her, no man who has any regard for the happiness of the people of this country would venture to advise such a measure. All the fame and glory which the British navy kas acquired at sea, have been dearly paid for in the sufferings and misery of that ill-fated people at home-sufferings occasioned in a great measure by the expense of that stupendous establishment. But without such a navy the United States could make a serious impression upon Great Britain, even at sea. We could have, within six months after a declaration of war, hundreds of privateers in every part of the ocean. We recommended were adequate to the object, or whether they were best adapted to the end, it would be for the House, when they came to discuss them separately, to determine. For himself, Mr. P. said, and he presumed such were the feelings of all the members of the committee, he should have no objections to any modifications of them which might be agreeable to the House, so that the great object was still retained. If these resolutions, or any other similar to them in object, should pass; it was then the intention of the committee, as soon as the forces contemplated to be raised should be in any tolerable state of preparation, to recommend the employment of them for the purposes for which they shall have been raised, unless Great Britain shall, in the mean time, have done us justice. In short, it was the determination of the committee to recommend open and decided war-a war as vigorous and effective as the resources of the country and the relative situation of ourselves and our enemy would enable us to prosecute. The committee, Mr. P. said, have not recommended this course of measures without a full sense of the high responsibility which they have taken upon themselves. They are aware that war, even in its best and fairest form, is an evil deeply to be deprecated. But it is sometimes, and on few occasions perhaps more than on this, a necessary evil. For myself, I confess I have approached the subject not only with diffidence, but with awe. But I will never shrink from my duty because it is arduous or unpleasant; and I can most religiously declare that I never acted under stronger or clearer convictions of duty than I do now in recommending these preparatory DECEMBER, 1811. Foreign Relations. H. OF R. The second resolution for raising ten thousand regulars being under considerationMr. LITTLE moved to strike out ten thousand and insert fifteen thousand. Mr. ALSTON wished to leave the number subject to the discretion of the President, not exceeding fifty thousand men. If the number was fixed, the President must appoint officers, whe The question was taken on striking out the number ten thousand, &c., and carried by a large majority. The question now being on the number which was to be inserted in lieu of it Mr. PORTER was in favor of a practicable number of regulars, relying on volunteers for effective service as well as regulars. Mr. LITTLE spoke in support of his motion. Mr. WRIGHT spoke in favor of a large number of regulars. measures; or, than I shall ultimately in recommending war, in case Great Britain shall not have rescinded her Orders in Council, and made some satisfactory arrangements in respect to the impressment of our seamen. If there should be any Mr. Fisk moved to insert thirty thousand. gentlemen in the House who were not satisfied that we ought to go to war for our maritime rights, Mr. P. earnestly entreated that they would not vote for the resolutions. Do not, said he, let us raise armies, unless we intend to employ them.ther the men were raised or not. If we do not mean to support the rights and honor of the country, let us not drain it of its resources. Mr. P. said he was aware that there were many gentlemen in the House who were dissatisfied that the committee had not gone further, and recommended an immediate declaration of war, or the adoption of some measure which would have instantly precipitated us into it. But he confessed such was not his opinion. He had no idea of plunging ourselves headlong into a war with a powerful nation, or even a respectable province, when we had not three regiments of Mr. Fisk spoke in favor of thirty thousand; men to spare for that service. He hoped that we he was desirous that our measures should be should not be influenced by the howlings of news-effectual. papers, nor by a fear that the spirit of the Twelfth Congress would be questioned, to abandon the plainest dictates of common sense and common discretion. He was sensible that there were many good men out of Congress, as well as many of his best friends in it, whose appetites were prepared for a war feast. He was not surprised at it, for he knew the provocatives had been sufficiently great. But he hoped they would not insist on calling in the guests, at least, until the table should have been spread. When this was done, he pledged himself, in behalf of the Committee of Foreign Relations, that the gentlemen should not be disappointed of the entertainment for want of bidding; and he believed he might also pledge himself for many of the members of the committee, that they would not be among the last to partake personally, not only in the pleasures, if any there should be, but in all the dangers of the revelry. Mr. P. said that this was the time and occasion on which, above all others, within his experience, we should act in concert. If the ultimate object of the great body of this House and of this nation was the same, and so far as he had been able to ascertain the sentiments of both, it was there would be no difficulty in attaining it. But we must yield something to the opinions, and to the feelings of each other. Instead of indulging in party reflections and recriminations in this House, he hoped that the whole of the House and of the Union would form but one party and consider a foreign nation as the other. Mr. P. said he had risen merely for the purpose of explaining to the House the opinions and views of the committee in relation to the resolutions now to be discussed, and he should be satisfied if he had been so fortunate as to succeed. The question was then taken on the first resolution for filling the ranks of the present army, &c., and carried. 12th CoN. 1st Sess.-14 Mr. LITTLE spoke in favor of the House fixing the number, in preference to leaving it discre tionary with the Executive. Mr. NELSON spoke in favor of the number reported by the committee. men. at all. Mr. SEYBERT spoke in favor of thirty thousand He was desirous of acting efficiently if Mr. WRIGHT spoke in reply to Mr. NELSON, and in favor of regular troops in preference to volunteers. Mr. SMILIE thought ten thousand men would be a sufficient number, together with the volunteers, for any object they might be wanted for. Mr. PORTER proposed that the number should remain blank, as it could be better fixed when the bill was brought in, in pursuance of the resolution. Mr. NELSON spoke in reply to some observations of Mr. WRIGHT on the relative importance of regulars and volunteers; and Mr. WRIGHT rejoined. On the suggestion of Mr. D. R. WILLIAMS, the motions to fill the blank created by striking out "ten thousand," were withdrawn; and the resolution, thus varied, was agreed to. The 3d, 4th, and 5th resolutions, authorizing volunteers, militia, and equipment of our little navy, were agreed to by the Committee of the Whole. vessels to arm in self-defence, against all unlawThe sixth resolution, to permit our merchant ful proceedings against them, being under con sideration Mr. McKEE spoke against it, conceiving it at variance with the system comprised in the other resolutions. He had no idea of merely resisting; if attacked, he would retaliate. Mr. SMILIE supported the resolution. If we were not now in war, he said he verily believed we soon should be. Mr. WRIGHT took the same ground with Mr. MCKEE, and moved to amend the resolution by adding thereto words similar to the following: "And if attacked by any vessel contrary to the law of nations, to capture and bring them in for adjudication."" DECEMBER, 1811. Philip Stuart, Silas Stow, William Strong, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Peleg Tallman, John Taliaferro, Uri Tracy, George M. Troup, Charles Turner, jr., Pierre Van Cortlandt, jr., Leonard White, Robert Whitehill, David R. Williams, Mr. PORTER explained. The proposed amend-William Widgery, Thomas Wilson, Richard Winn, ment would make the resolution an act of war, and Robert Wright-117. which it was not the intention of the committee to declare in this report, or to commence until they had prepared for it. Mr. WRIGHT's motion was lost. Mr. McKEE said the parties had joined issue, the pleadings were made up; the case was now to be decided by battle, and not by jury. He, therefore, desired to retain the sinews of our strength, and moved an amendment contemplating an embargo for ninety days on vessels in our ports, &c. The motion was declared to be out of order. The House took up the report. NAYS-Abijah Bigelow, Elijah Brigham, Epaphroditas Champion, John Davenport, jr., Richard Jackson, jr., Lyman Law, Elisha R. Potter, John Randolph, Richard Stanford, Lewis B. Sturges, and Laban Wheaton-11. Mr. GOLDSBOROUGH, after expressing his readiness, should war be once determined and declared by the Administration, to go all lengths to support it, but wishing further time for reflection on so important a subject, made a motion to adjourn; which was carried, and the House adjourned. SATURDAY, December 7. Mr. PLEASANTS presented a remonstrance and petition of sundry inhabitants of St. Louis, in the Territory of Louisiana, stating the many injuries and inconveniences which would result from a change in their form of government, and praying that no alteration may be made in their said form of government.-Referred to the Com"Resolved, That the Military Establishment, as au-mittee of the Whole on the bill providing for the thorized by the existing laws, ought to be immediately government of the said Territory. completed by filling up the ranks, and prolonging the enlistment of the troops; and that to encourage enlistments, a bounty in lands ought to be given in addition to the pay and bounty now allowed by law." The following are the yeas and nays on the question: Mr. RHEA presented a petition of sundry inhabitants of the Territory of Louisiana, praying that the second grade of Territorial government may be extended to the said Territory.-Referred to the Committee of the Whole on the bill providing for the government of the said Territory. Mr. LYLE presented a petition of the Synod of Pittsburg, in Pennsylvania, praying that the mails may not be carried, and that post offices may not be kept open on the Sabbath day.-Referred to the Posmaster General, to consider and report thereon to the House. On motion of Mr. TALLMADGE, the Postmaster General was directed to lay before the House an estimate, in detail, of the expense which would necessarily be incurred to repair the building which has been purchased by the Government for the accommodation of the General Post Office and Patent Office, that the objects for which said purchase was made may be carried into effect. YEAS-Willis Alston, jr., William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, John Baker, David Bard, Josiah Bartlett, Burwell Bassett, William W. Bibb, William Blackledge, Harmanus Bleecker, Thomas Blount, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Martin Chittenden, John Clopton, Thomas B. Cooke, Lewis Condit, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, William Ely, James Emott, William Findley, James Fisk, Asa Fitch, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Charles Goldsborough, Peterson Goodwyn, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, Philip B. Key, William R. King, Abner Lacock, Joseph Lefever, Joseph Lewis, jr., Peter Little, Robert Le Roy Livingston, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, James Milnor, Samuel L. Mitchill, James Morgan, Jonathan O. Moseley, Hugh Nelson, Thomas Newbold, Thomas Newton, Stephen Ormsby, William Paulding, jr., Joseph Pearson, Israel Pickens, William Piper, Timothy Pitkin, jr., James Pleasants, jr., Benjamin Pond, Peter B. Porter, Josiah Quincy, William Mr. NEWTON, from the Committee of ComReed, Henry M. Ridgely, Samuel Ringgold, John Rhea, merce and Manufactures, made an unfavorable John Roane, Jonathan Roberts, Ebenezer Sage, Thom-report on the petition of Taylor and Richards; as Sammons, Ebenezer Seaver, Adam Seybert, Sam-which was concurred in. The report is as foluel Shaw, John Smilie, George Smith, John Smith, |lows: Mr. JENNINGS, from the committee appointed on the twenty-eighth ultimo, presented a bill to authorize the election of Sheriffs in the Indiana Territory, and for other purposes; which was read twice, and committed to a Committee of the Whole on Friday next. MONDAY, December 9. |