"Be it further enacted, That the President of the United States be, and he hereby is, authorized to cause to be built as speedily as may be, on the most approved model, —— frigates, not exceeding thirty-six guns each; and that a sum not exceeding —— dollars be, and the same is hereby appropriated for building the said frigates, out of any moneys in the Treasury not otherwise appropriated."
It is my intention, sir, to move for twenty new frigates; but the number I have left blank in order, should the Senate be favorably disposed to an increase of the Navy, and disagree with me as to the degree of that increase, they might regulate the number at their pleasure.
Sir, I have been induced to offer this amendment from an impulse of duty towards my more immediate constituents, and also from a sense of the obligation imposed upon me, however feebly I may be able to respond to it, in the honorable station in which I am placed, to endeavor to the extent of my ability to support the dignity, protect the rights, and advance the best interests of the United States. Sir, I trust the amendment under consideration, if adopted, would have a relation, and a favorable relation, to all these objects.
If it be not the determination of the Government to engage in an open, actual, efficient war; to place the nation in such a complete state of preparation as to avert war, from our state of readiness to meet it; then the measures of the present session, those of filling up the existing Military Establishments, and thereby adding to it between six and seven thousand men, that of enlisting a standing army of twenty-five thousand men to serve for five years, unless sooner discharged—of providing for the employment of fifty thousand volunteers, and of holding in readiness one hundred thousand of the militia, would be not only inexcusable, but nearly treasonable; as they would in such case, without any adequate object, impose severe and heavy burdens upon the people of the United States, from which years of the highest degree of prosperity would not relieve them. But, sir, I am bound to believe, that unless redress be obtained, it is the determination of the Government of the United States to enter into an actual, vigorous, real war, or at any rate to put the nation into a perfect State of readiness to commence it, should it be necessary; and in either of these cases, an efficient naval force is as indispensable, nay much more indispensable, than a land force.
In the year 1793, when Great Britain depredated upon your commerce, you had a man at the head of your Government who fought no battles with paper resolutions, nor attempted to wage war with commercial restrictions, although they were then pressed upon him. He caused it to be distinctly and with firmness made known to Great Britain, that if she did not both cease to violate our rights, and make us reparation for the wrongs we had sustained—that young and feeble as we then were, just in the gristle, and stepping from the cradle of infancy, we would try the tug of war with her. What was the consequence? Her depredations were stopped—we made a treaty with her, under which we enjoyed a high degree of prosperity. Our claims were fairly heard, equitably adjudged, and the awards were honorably and punctually paid to the sufferers. In this instance you did something for commerce.
Next came the war with Tripoli—the Barbary States preyed upon our commerce—you determined to resist, and despatched a small squadron to the Mediterranean: this ought to have been considered as the germ of your future maritime greatness: the good conduct and bravery of that squadron, and the self-immolation of some of its officers, spread the renown of your naval prowess to all quarters of the civilized globe. What did you in this instance? At the moment when victory had perched upon your standard—when you might have exhibited the interesting spectacle of the infant Government of the United States holding in subjugation one of the Powers of Barbary, to whom all Europe had been subservient—at this moment when conquest was completely within your grasp—civil agency stepped in—the laurel was torn from the brow of as gallant a chieftain as ever graced the plains of Palestine, and we ignominiously consented to pay a tribute, where we might have imposed one.
After this you had the Berlin decree, the Orders in Council, the Milan decree, the Rambouillet decree, the depredations of Spain, the robberies even of the renegado black chief of St. Domingo, and the unprovoked and still continued plunder of Denmark, a nation of pirates from their origin. What cause of complaint has Denmark, or ever had Denmark, against us? Her most fond and speculative maritime pretensions we have willingly espoused, and yet she continues daily to capture and condemn our vessels and cargoes, and contemptuously tells us that the Government of the United States is too wise to go to war for a few merchant ships. And this we bear from a people as inferior to the United States in all the attributes of national power or greatness, as I am inferior to Hercules. Yes, sir, commerce has been abandoned, else why prohibit your merchants from bringing the property, to a large amount, which they have fairly purchased and paid for, into the ports of our country, else why, by this exclusion, perform the double operation of adding to the resources of the enemy you are going to war with and impoverishing your own citizens.
Yes, sir, commerce has been abandoned, "deserted in her utmost need by those her former bounty fed." Yes, sir, she has been abandoned. She has been left as a wreck upon a strand, or as a derelict upon the waters of the ocean, to be burnt, sunk, or plundered, by any great or puny assailant who could man an oar or load a swivel for her annoyance.
What was the leading object of the adoption of the Federal Constitution in the northern parts of the Union? Most emphatically, it was for the protection of commerce. What was the situation of some branches of our commerce then? And what is it now? Look at the statement which was laid upon our tables about a fortnight past, and taken from the returns of the Treasury. What effect has it had upon our fisheries, which were so nobly and successfully contended for by the American Commissioners who settled the Treaty of 1783; which for a time suspended that Treaty; and which, both the duplicity and intrigue of France and the interest of England strove to deprive us of—of our fisheries, which were then considered, and still ought to be considered, as a main sinew of our strength, and a nursery for our seamen?
Increase of the Navy.
Mr. Crawford.—The honorable gentleman from Massachusetts (Mr. Lloyd) thinks that nothing has been done by the Government for commerce, whilst commerce has done every thing for the nation; that commerce has paid into the public Treasury $200,000,000. If it is contended that this sum has been paid exclusively by commerce, nothing can be more incorrect. The money collected from imposts and duties is paid by the consumer of merchandise upon which the duties are imposed. It is collected immediately from the merchant, and ultimately from the nation. The only money paid into the Treasury which can justly be placed to the exclusive credit of commerce, is the sum retained by the Government upon debentures, which is only 7-10ths of one per cent. upon goods paying a duty of twenty per cent. ad valorem, and has never amounted to $400,000 in any one year. The export of foreign productions from the United States in the year 1807, exceeded $59,000,000, and the sum paid into the Treasury that year on account of drawbacks was about $390,000, which is the greatest amount received from that source of revenue since the organization of the Government.
The duty upon tonnage, like the duty imposed on merchandise, is paid by the consumer or grower of the cargoes transported by the ship-holders, of whom this duty is immediately collected. The ultimate payment of this duty by the grower or consumer will depend upon the relative demand for, and supply of the articles in the market to which they are exported. If the demand for the article is greater than the quantity in the market, it is paid by the consumer; if the supply exceeds the demand, it is paid by the grower, in the form of a reduction of the price of the article equal to the duty imposed.
Who are the most interested in commerce, the growers of the articles, the exchange and transportation of which constitute commerce, or the factors and freighters employed in the exchange and transportation of those articles? Can any man doubt for one moment that the growers, the rightful owners of the articles to be exchanged, are more deeply interested in commerce than the merchant and ship-holder, who only make a profit from the sale and transportation of the articles exchanged? If the profit they derive from commerce should be so enormous as to exceed the original value of those articles in the hands of the growers, still it can be demonstrated that the interest of the latter is more vitally affected by a prosperous or adverse state of commerce, than that of the merchant or ship-holder. The merchant will be regulated in the price which he gives to the grower, by the state of the market and the price of transportation to the market. Let the price be what it may in foreign markets, the merchant is regulated by it, and can only be affected by sudden changes in those markets which may be prejudicial or advantageous to him. It is a matter of small moment to him whether the articles in which he deals bring a high or low price in the market to which they are sent, if that price is not variable, because he will regulate the price he gives for them by the price which he can obtain. But the price which those articles will bring in the market to which they are sent, is all-important to the grower, because it will regulate the price which he is to receive for them beyond the power of his control. Every circumstance which tends to destroy competition and reduce the number of markets to which our produce is sent, vitally affects the interest of the grower. The planter, the farmer, is, therefore, more deeply interested in the prosperity of that commerce which finds a market for the annual surplus productions of his industry, than the merchant or ship-holder. This direct commerce is indispensable to the internal growth and improvement of the country, and to the comfort and happiness of the people, and more so to the people of the Southern and Western States than any other part of the United States. Sir, we are not so grossly ignorant as to mistake our interest in this matter. We know that, without commerce, without a market for the surplus productions of our labor, we should be deprived of many of those articles which long habit has made necessary to our ease and comfort. If, then, we are not grossly ignorant of our true interest, nothing can be more unfounded than the accusation of the gentleman from New York, (Mr. German.) The charge must be the result of ignorance or prejudice. Mr. C. said he would not follow the example of that gentleman by saying, "perhaps this prejudice might be an honest prejudice." No, he would not insult the feelings of that gentleman; he would not question his veracity or integrity by stating hypothetically, "that perhaps his opinions were honest." Whilst he repelled this unfounded charge in the manner which its nature imperiously demanded, he had no hesitation in admitting that the opinions of that gentleman, whether the result of prejudice or of ignorance, were strictly honest. Mr. C. said there was no man in the nation more friendly to that commerce which he had described than he was, and that no part of the nation cherished it with more ardor than that which he in part had the honor to represent on this floor. But, sir, there is a commerce which has been prosecuted to a very great extent by the commercial capitalists of the United States, for the prosperity of which the agricultural part of the nation do not feel the same solicitude.
In the year 1807, the United States exported upwards of $59,000,000 of foreign productions. This commerce has no connection with or dependence upon the annual surplus productions of the country, which is the only commerce that essentially promotes domestic industry and multiplies the domestic comforts of the great mass of the people. This commerce, which is the legitimate offspring of war, and expires with the first dawning of peace, is prosecuted principally by our commercial cities to the east and north of the Potomac. The landholders, the country people, the great mass of agriculturists in the United States, never had, and never can have any direct interest in it. The farmer of the Eastern and Middle States, and the planter of the Southern and Western States, stand in the same relation to this commerce. Whether it be prosperous or adverse, is a matter of small concern to them, and nothing but an effort of pure, disinterested patriotism could induce them to jeopardize the peace and happiness of the nation, and stake the prosperity of the direct commerce of the country, for the protection of this mushroom commerce.
The use proposed to be made of these frigates, if built, certainly meets my approbation. The idea of protecting our commerce by a naval force, which has been pressed with so much vehemence by some of our navy gentlemen, is worse than visionary. A navy can injure commerce, but cannot afford it protection, unless it annihilates the naval force of the adverse nation. Unless, therefore, we have the means of creating and supporting a naval force able to contend successfully with the British navy for the empire of the seas, we must abandon all idea of protecting our commerce against that nation. Great Britain, with her thousand ships of war, is unable to protect her commerce even in sight of her own coasts. According to my understanding of the views of the honorable gentlemen, these thirty frigates are to be employed in destroying the commerce of the enemy, and not in fighting her public armed vessels. They are in fact to be national privateers. In this point of view, the proposition to cashier the officer who should strike the American flag seems to be at war with the nature of their employment. They are to direct their efforts to the destruction of merchant vessels, and to avoid collision with the ships of war. It is to be apprehended that men, whose duty it is to avoid serious conflicts with the enemy, will grow timid from habit, and will resist but feebly when inevitably forced into them. The character of the naval officers of the United States makes a regulation of this kind wholly unnecessary. Their enterprise, their courage, and intrepidity, are too well established to require a regulation of such severity. As then the gentleman does not intend to dispute the sovereignty even of our own seas with our expected enemy with this naval force, but intends to employ it in the destruction of merchant vessels, an increase of that force appears to me to be wholly unnecessary and impolitic. Individual enterprise, directed by individual interest, will more effectually destroy the commerce of the enemy, than any number of frigates in the power of this Government to build and employ. The Baltimore Federal Republican states that a French privateer in the Atlantic Ocean has captured about thirty merchant vessels, and that the impression made by this single privateer was so serious that thirteen vessels, several of which were frigates, were employed in cruising for her. The truth of this statement may be relied on, because that paper is not in the habit of exaggerating French successes, or of aggravating British sufferings. But it is said that, although our privateers were successful at the commencement of the Revolutionary War, before the conclusion of that contest they were entirely destroyed. Admitting the fact to be true, it does not necessarily follow that such will be the result of the war now in contemplation. After the first years of that contest, the British forces were in possession of the principal ports and harbors of the United States, which made it extremely hazardous for our privateers to approach our own coasts, or enter our own harbors. It is expected that our situation will be very different in the event of war at this time. Instead of possessing the principal ports of the United States, we expect to expel them from the whole of their continental possessions in our neighborhood. If this should be the result of the war, their means of annoying our commerce, and of destroying our privateers, will be greatly diminished, and their power of protecting their commerce from the depredations of our privateers will suffer an equal diminution.
British Intrigues to dismember the Union.
The following Message was received from the President of the United States:
To the Senate and House of
Representatives of the United States:
I lay before Congress copies of certain documents which remain in the Department of State. They prove that, at a recent period, whilst the United States, notwithstanding the wrongs sustained by them, ceased not to observe the laws of peace and neutrality towards Great Britain, and in the midst of amicable professions and negotiations on the part of the British Government, through its public Minister here, a secret agent of that Government was employed in certain States, more especially at the seat of Government in Massachusetts, in fomenting disaffection to the constituted authorities of the nation, and in intrigues with the disaffected, for the purpose of bringing about resistance to the laws, and eventually, in concert with a British force, of destroying the Union, and forming the eastern part thereof into a political connection with Great Britain.
In addition to the effect which the discovery of such a procedure ought to have on the public councils, it will not fail to render more dear to the hearts of all good citizens that happy Union of these States, which, under Divine Providence, is the guaranty of their liberties, their safety, their tranquillity, and their prosperity.
JAMES MADISON.
March 9, 1812.
The Message and documents therein referred to were read, and one thousand copies of the Message and documents ordered to be printed for the use of the Senate; and on motion of Mr. Campbell of Tennessee, a committee was appointed to examine the documents above referred to, and designate such as may be necessary to be printed.
Messrs. Campbell of Tennessee, Brent, and Bayard, were appointed the committee.
Mr. Lloyd submitted the following motion for consideration:
Resolved, That the Secretary of State be directed to lay before the Senate the names of any and all persons in the United States, and especially in the State of Massachusetts, who have in any way or manner whatever entered into, or most remotely countenanced, the project or the views, for the execution or attainment of which John Henry was, in the year 1809, employed by Sir James Craig, then Governor General of the British provinces in North America, and which have this day been communicated to the Senate of the United States.
Answer to Mr. Lloyd's inquiry.
The following Message was received from the President of the United States:
To the Senate of the United States:
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 10th instant.
JAMES MADISON.
Department of State, March 12, 1812.
The Secretary of State, to whom was referred the resolution of the Senate of the 10th instant, has the honor to report, that this department is not in possession of any names of persons in the United States, who have, in any way or manner whatever, entered into or countenanced the project or the views, for the execution or attainment of which, John Henry was, in the year 1809, employed by Sir James Craig; the said John Henry having named no persons or person as being concerned in the said project or views referred to in the documents laid before Congress on the 9th instant. Which is respectfully submitted.
JAMES MONROE.
The Message and report were read, and one thousand copies thereof ordered to be printed for the use of the Senate.
Incorporation of a Mining Company in Upper Louisiana.
The Senate resumed, as in Committee of the Whole, the consideration of the bill to incorporate Moses Austin, John Rice Jones, Henry Austin, and others, into a company, by the name of the Louisiana Lead Company; and the bill having been further amended, the President reported it to the House accordingly.
On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative.
In the absence of the Vice President, on motion of Mr. Lloyd, the Senate proceeded to the choice of a President pro tempore, as the constitution provides, and William H. Crawford was elected.
Incorporation of Lead Mine Company.
The engrossed bill to incorporate Moses Austin, John Rice Jones, Henry Austin, and others, into a company, by the name of the Louisiana Lead Company, was read the third time.
On the question, Shall this bill pass? it was determined in the affirmative—yeas 14, nays 12, as follows:
Yeas.—Messrs. Anderson, Bradley, Condit, Crawford, Dana, German, Goodrich, Gregg, Howell, Hunter, Smith of New York, Tait, Taylor, and Worthington.
Nays.—Messrs. Bayard, Franklin, Giles, Horsey, Lambert, Leib, Lloyd, Reed, Smith of Maryland, Turner, and Varnum.
So it was Resolved, That this bill pass, and that the title thereof be, "An act to incorporate Moses Austin, John Rice Jones, Henry Austin, and others, into a company, by the name of the Louisiana Lead Company."
Erection of the Territory of Orleans into a State.
The amendments to the bill, 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," having been reported by the committee correctly engrossed, the bill was read a third time as amended, and, by unanimous consent, was further amended, by striking out, in the ninth section and second line, the word "next," and inserting the words "one thousand eight hundred and twelve."
Resolved, That this bill pass with amendments.
The bill giving further time for registering claims to land in the eastern district of the Territory of Orleans having been reported by the committee correctly engrossed, was read a third time, and passed.
The Senate resumed, as in Committee of the Whole, the consideration of the bill to enlarge the limits of the State of Louisiana; and, no amendment having been offered, on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative—yeas 21, nays 8, as follows:
Yeas.—Messrs. Anderson, Bayard, Bibb, Campbell of Tennessee, Condit, Crawford, Cutts, Gaillard, Giles, Gregg, Horsey, Howell, Leib, Pope, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.
Nays.—Messrs. Bradley, Franklin, German, Gilman, Goodrich, Lambert, Lloyd, and Reed.
Temporary Embargo.
The following confidential Message was received from the President of the United States:
To the Senate and House of
Representatives of the United States:
Considering it as expedient, under existing circumstances and prospects, that a general embargo be laid on all vessels now in port, or hereafter arriving, for the period of sixty days, I recommend the immediate passage of a law to that effect.
JAMES MADISON.
April 1, 1812.
The Message was read; and on motion, by Mr. Bayard, that the injunction of secrecy be taken off respecting the Message last read, it was determined in the negative—yeas 11, nays 21, as follows:
Yeas.—Messrs. Bayard, Dana, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Lloyd, and Reed.
Nays.—Messrs. Anderson, Bibb, Bradley, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Howell, Leib, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.
Resolved, That the Message be referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise.
Ordered, That Messrs. Campbell of Tennessee, Taylor, German, Pope, and Bayard, be the committee.
Temporary Embargo.
The amendments to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States for a limited time," having been reported by the committee correctly engrossed, the bill was read the third time.
On motion, by Mr. Leib, it was agreed to fill the blank with the word "ninety."
On the question, Shall this bill pass as amended? it was determined in the affirmative—yeas 20, nays 13, as follows:
Yeas.—Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Pope, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.
Nays.—Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Reed, and Smith of Maryland.
On motion, by Mr. Campbell, of Tennessee, the galleries were cleared, and the doors of the Senate Chamber closed.
A message from the House of Representatives, by their committee, Messrs. Calhoun and Williams—Mr. Calhoun, chairman:
Mr. President: The House of Representatives concur in the amendment of the Senate to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States, for a limited time."
Executive Veto.—Returned Bill.
A message from the House of Representatives informed the Senate that the bill which passed the two Houses of Congress at the present session, entitled "An act providing for the trial of all causes pending in the respective district courts of the United States, in case of the absence or disability of the judges thereof," and presented to the President of the United States for his approbation, has been returned by the President of the United States, with the following objections:
"Because the additional services imposed by the bill on the justices of the Supreme Court of the United States, are to be performed by them rather in the quality of other judges of other courts, namely, judges of the district courts, than in the quality of justices of the Supreme Court. They are to hold the said district courts, and to do and perform all acts relating to the said courts which are by law required of the district judges. The bill, therefore, virtually appoints, for the time, the justices of the Supreme Court to other distinct offices, to which, if compatible with their original offices, they ought to be appointed by another than the legislative authority, in pursuance of legislative provisions authorizing the appointments.
"Because the appeal allowed by law from the decision of the district courts to the circuit courts, while it corroborates the construction which regards a judge of the one court, as clothed with a new office, by being constituted a judge of the other, submits for correction erroneous judgments, not to superior or other judges, but to the erring individual himself, acting as sole judge in the appellate court.
"Because the additional services to be required may, by distances of place, and by the casualties contemplated by the bill, become disproportionate to the strength and health of the justices who are to perform them, the additional services being, moreover, entitled to no additional compensation, nor the additional expenses incurred, to reimbursement. In this view, the bill appears to be contrary to equity, as well as a precedent for modifications and extensions of judicial services, encroaching on the constitutional tenure of judicial offices.
"Because, by referring to the President of the United States questions of disability in the district judges, and of the unreasonableness of delaying the suits or causes pending in the district courts, and leaving it with him in such cases to require the justices of the Supreme Court to perform additional services, the bill introduces an unsuitable relation of members of the judiciary department to a discretionary authority of the Executive department.
"JAMES MADISON."
And the House of Representatives, where the bill originated, have taken the question in the constitutional way, and have resolved that this bill do not pass.
Temporary Non-Exportation.
On motion, by Mr. Dana, the injunction of secrecy was removed respecting the proceedings on the "Act to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time."
[The proceedings are as follow:]
Thursday, April 9, 1812.
The following confidential message was received from the House of Representatives, by their committee, Mr. Smilie and Mr. Pleasants—Mr. Smilie, chairman:
Mr. President: The House of Representatives have passed a bill, entitled "An act to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time;" in which bill they ask the concurrence of the Senate.
The bill was read, and, on motion, by Mr. Campbell of Tennessee, that the bill be now read the second time by unanimous consent, it was objected to as against the rule.
Ordered, That the bill pass to a second reading.
The bill from the House of Representatives, entitled "An act to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. Campbell of Tennessee, Bradley, and Taylor, were appointed the committee.
Mr. Campbell of Tennessee, from the committee, reported the bill last mentioned with an amendment. Whereupon, the bill was resumed, and considered as in Committee of the Whole, together with the amendment reported thereto by the select committee; and having agreed to the amendment, the President reported the bill to the House accordingly.
On motion, by Mr. Goodrich, that the further consideration of the bill be postponed until to-morrow, and that it be printed under an injunction of secrecy, for the use of the Senate, it was determined in the negative.
On the question, Shall the bill pass to the third reading as amended? it was determined in the affirmative—yeas 16, nays 12, as follows:
Yeas.—Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Gaillard, Gregg, Howell, Leib, Pope, Smith of New York, Tait, Taylor, Turner, and Varnum.
Nays.—Messrs. Bradley, Dana, German, Giles, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Reed, and Smith of Maryland.
Mississippi Territory.
Mr. Taylor, from the committee to whom was referred on the 17th of March, the bill, entitled "An act to enable the people of the Mississippi Territory to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States;" and on the 6th instant, the bill to carry into effect the provisions of the eighth section of the act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee, reported that the said bills be severally postponed to the first Monday in December next.
The report is as follows:
That in considering the subject referred to them, they could not avoid being struck with the immense size of the Territory proposed to be erected into a State, a size disproportionate to the size of any of the largest States which now compose our confederation.
It embraces, in its present form, and without any extension, to the Gulf of Mexico, (as is proposed in the bill referred to us,) nearly six and a half degrees of geographical longitude, and four entire degrees of latitude, and affords an area of twice the surface of the State of Pennsylvania.
Your committee are strongly impressed with the propriety and expediency of dividing the said Territory, so as to form of the same two States, whenever the population, within the limits of each section, shall render it just and proper; and they respectfully submit to the Senate the following divisional line, between the western and eastern sections of the said Territory, viz: up the Mobile river, to the point nearest its source, which falls on the eleventh degree of west longitude from the city of Washington; thence a course due north until the line intersects the waters of Bear Creek; thence down the said creek to its confluence with the Tennessee River; thence down the said river to the northern boundary line of the said Territory. By a view of the map of this country it will appear that the above divisional line will divide the Territory into nearly two equal parts, and it has, for the most part, a delineation by nature.
By the 5th section of the 1st article of the treaty of cession from the State of Georgia the United States are bound to erect the said Territory into one State. It has, however, been suggested that the State of Georgia would not, upon a proper representation, withhold her consent to the proposed division.
To the end, therefore, that an opportunity may be afforded to the State of Georgia to express this consent, by a legislative act of the said State, as they shall think proper, your committee recommend that the said bill shall be postponed to the first Monday in December next.
Death of the Vice President.
The President addressed the Senate as follows:
"Gentlemen: Upon me devolves the painful duty of announcing to the Senate the death of our venerable fellow-citizen, George Clinton, Vice President of the United States.
"By this afflictive dispensation of Divine Providence the Senate is deprived of a President rendered dear to each of its members by the dignity and impartiality with which he has so long presided over their deliberations; and the nation bereaved of one of the brightest luminaries of its glorious Revolution."
The Senate being informed of the decease of their distinguished fellow-citizen, George Clinton, Vice President of the United States, do
Resolve, That a committee be appointed, jointly with such as may be appointed on the part of the House of Representatives, to consider and report measures proper to manifest the public respect for the memory of the deceased, and expressive of the deep regret of the Congress of the United States on the loss of a citizen so highly respected and revered.
Ordered, That Messrs. Smith of New York, Smith of Maryland, German, Gilman, and Bradley, be the committee.
Ordered, That the Secretary carry this resolution to the House of Representatives.
A message from the House of Representatives informed the Senate that the House concur in the resolution of the Senate for the appointment of a joint committee "to consider and report measures proper to manifest the public respect for the memory of the Vice President of the United States," deceased, and have appointed a committee on their part.
On motion of Mr. Smith of New York,
Resolved unanimously, That, from an unfeigned respect to the late George Clinton, Vice President of the United States, and President of the Senate, the Chair of the President of the Senate be shrouded with black during the present session; and, as a further testimony of respect for the memory of the deceased, the members of the Senate will go into mourning and wear a black crape round the left arm for thirty days.
Recess of Congress.
Mr. Bradley, from the joint committee of the two Houses appointed on the subject of a recess, reported the business that demands the immediate attention of Congress, and the following resolution:
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the present session of Congress, the President of the Senate and Speaker of the House of Representatives shall, on the 29th day of April instant, adjourn their respective Houses to Monday, the 18th day of May next, then to meet at the same place in which the two Houses are now sitting.
On motion, by Mr. Bradley, the resolution was twice read by unanimous consent; and, on motion by Mr. Pope, amended, by striking out the words "eighteenth day of May next."
On the question, Shall this resolution be engrossed, and read a third time as amended, it was determined in the affirmative—yeas 18, nays 13.
Recess of Congress.
The Senate resumed the consideration of the resolution for a recess of Congress from the 29th inst. to the —— day of —— next.
Mr. Pope moved to fill the blank with the 4th Monday in June. The most distant day would probably accommodate the greatest number of members; and this day would be sufficiently early to take measures necessary on the expiration of the embargo.
Mr. Anderson said he had supposed the day fixed upon by the committee, viz: the 18th of May, would have been the day. He did not himself feel the necessity of any adjournment; but, if it must take place, it ought either to be for a short time, or for so long a time as equally to accommodate all. If it were to be for a short time, it would be merely for relaxation; if for a longer time, as was now proposed, he feared it would be considered as indicative of an intention to pause in the course of measures they had commenced, and produce an impression abroad, among the people, which was much to be deprecated.
Mr. Pope said he was in favor of such a time being fixed on as should accommodate the greatest number of the members. As to the effect of an adjournment on the public mind, he imagined that the difference between a recess of twenty or thirty days would be very unimportant.
Mr. G. W. Campbell said it seemed to him something like bribing the members to obtain votes, to talk about lengthening the time so as to accommodate the greatest number of members. He could not conceive it consistent with the honor of the country that they should decide the question of adjournment on the mere ground of personal convenience; he considered the only question to be, whether a recess would have a good or bad effect on the public service. He had on a former occasion stated his objection to this step, that it would produce an ill effect on the public mind. Many misrepresentations have been already made to induce the public to believe you are not in earnest. An adjournment for any length of time would seem like deserting our posts, and will put the seal on this belief. Under this view, he must vote against the adjournment; but the longer was the recess, the worse would be the effect on the public mind. He should, therefore, vote for the shortest day.
Mr. Bradley said he could not see that the proposed recess would be deserting their posts at all. The nation knew that the Government could not go to war without soldiers; and sitting here would certainly not restore peace. Congress had adopted many war measures, the execution of which they had put into the hands of the Executive; they had also authorized a loan of eleven millions. And while these measures were going on, could Congress, by staying here constantly, add to the number of men, or expedite the loan? If an enemy were to invade us, without any government at all, they would be promptly resisted. But, if we are going to war to redress grievances, to revenge injuries received, we should choose our own time. If we begin war before we have an army, it is bringing the nation to the last stage of degradation, not to consider at all the sufferings and losses which would be in such cases sustained. It would be a great error to attempt to put this country, by a forced vote of Congress, into war. You cannot lead this country to war as the butcher leads his flock to the slaughter-house. This is a government of opinion; the public sentiment will not be driven, but must be followed. Congress have certainly done as much for the present as they can. I wish to see the effect of the measures they have taken. The Executive is clothed with all the necessary powers to make preparation for war; and if the nation will not abide by us and support the measures of Congress, it is vain to say we can force the people into a war. I believe the people will be better satisfied with a recess than with our sitting here from day to day without doing any thing material, and there is nothing material at this moment to do. They are not irrational; they know that Congress have been in session six months; they must also foresee that when we come to war, the Council of the Nation must be perpetually in session; they will, therefore, not be dissatisfied at a short recess. If war be actually to take place at the expiration of the embargo, this, of all others, is the time for relaxation.
The question on the insertion of the eighth day of June as the day of reassembling of the two Houses, was decided as follows: