Yeas.—Messrs. Anderson, Bibb, Bradley, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Gregg, Howell, Lambert, Leib, Reed, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.
Nays.—Messrs. Bayard, Dana, German, Gilman, Goodrich, Hunter, Lloyd, and Pope.
Volunteers Bill.
The amendment to the bill, entitled "An act supplementary to the act, entitled 'An act authorizing the President of the United States to accept and organize certain volunteer military corps,'" having been reported by the committee correctly engrossed, the bill was read a third time as amended.
On the question, Shall this bill pass as amended? it was determined in the affirmative—yeas 14, nays 6, as follows:
Yeas.—Messrs. Anderson, Bibb, Brent, Condit, Crawford, Franklin, Gaillard, Giles, Howell, Robinson, Smith of New York, Tait, Taylor, and Varnum.
Nays.—Messrs. Bayard, Gilman, Goodrich, Leib, Lloyd, and Smith of Maryland.
So it was resolved, that this bill pass with an amendment.
Recess of Congress, and adjournment.
The Senate proceeded to consider the resolution from the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and notify him of the intended recess, and concurred therein, and Messrs. Robinson and Anderson were appointed a committee on the part of the Senate.
The following Message was received from the President of the United States:
To the Senate of the United States:
I transmit to the Senate copies and extracts of documents in the archives of the Department of State, falling within the purview of their resolution of the fourth instant, on the subject of British impressments from American vessels. The information, though voluminous, might have been enlarged with more time for research and preparation. In some instances it might, at the same time, have been abridged, but for the difficulty of separating the matter extraneous to the immediate object of the resolution.
July 6, 1812.
JAMES MADISON.
The Message and documents were read, and ordered to be printed for the use of the Senate.
A message from the House of Representatives informed the Senate, that the House, having finished the business before them, are about to adjourn.
Mr. Robinson, from the committee, reported that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.
Ordered: That the Secretary inform the House of Representatives that the Senate, having finished the legislative business before them, are about to adjourn.
Agreeably to the joint resolution, the President then adjourned the Senate, to meet on the first Monday in November next.
A message from the House of Representatives, by Mr. Harper and Mr. Fisk, two of their members—Mr. Harper, chairman.
Mr. President: The House of Representatives have passed a "resolution authorizing the President of the United States to issue a proclamation to the inhabitants of the British American Continental Provinces," in which they request the concurrence of the Senate.
The resolution was read, as follows:
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That in case it shall be deemed necessary, in order to vindicate the just rights, or to secure the safety of the United States, to invade the provinces of Upper and Lower Canada, Nova Scotia, and New Brunswick, or either of them, the President of the United States be, and he hereby is authorized and empowered to issue a proclamation, addressed to the inhabitants of said provinces, assuring them, in the name of the people of these States, that in case the said provinces, or any of them, shall come into the possession of this Government, the inhabitants of such province or provinces shall be secured and protected in the full enjoyment of their lives, liberty, property, and religion, in as full and ample manner as the same are secured to the people of the United States by their constitutions; and that the said proclamation be promulgated and circulated, in the manner which, in the opinion of the President, shall be best calculated to give it general publicity.
Ordered, That the resolution pass to a second reading.
Occupation of the Floridas.
A message from the House of Representatives by Messrs. Mitchill and Hall, two of their members.
Mr. President: The House of Representatives have passed a bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," in which they request the concurrence of the Senate, and that the bill be considered confidentially.
The bill last brought up for concurrence was read, as follows:
"An Act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the President be, and he is hereby authorized to occupy and hold, the whole or any part of East Florida, including Amelia Island, and also those parts of West Florida which are not now in possession and under the jurisdiction of the United States.
"Sec. 2. And be it further enacted: That, for the purpose of occupying and holding the country aforesaid, and of affording protection to the inhabitants, under the authority of the United States, the President may employ such parts of the military and naval force of the United States as he may deem necessary.
"Sec. 3. And be it further enacted: That, for defraying the necessary expenses, one hundred thousand dollars are hereby appropriated, to be paid out of any moneys in the Treasury not otherwise appropriated, and to be applied to the purposes aforesaid, under the direction of the President.
"Sec. 4. And be it further enacted: That, until further provision shall be made by Congress, the President shall be, and he hereby is empowered to establish within the country he may acquire by this act, a temporary government, the civil and military authorities of which shall be vested in such person and persons as he may appoint, and be exercised in such manner as he may direct: Provided: That he shall take due care for the preservation of social order, and for securing to the inhabitants the enjoyment of their personal rights, their religion, and their property: And provided, also: That the section of country herein designated, that is situated to the Eastward of the river Perdido, may be the subject of further negotiation."
Ordered: That it pass to a second reading.
Agreeably to the order of the day, the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," was resumed, and considered as in Committee of the Whole; and Mr. Gaillard was requested to take the Chair.
On motion by Mr. Crawford, he was permitted to amend his motion, made yesterday, as follows:
"And be it further enacted: That if the United States, in the prosecution of the present war against the United Kingdom of Great Britain and Ireland, should obtain possession of the British provinces in North America, or either of them, that the President of the United States be, and he is hereby authorized and empowered to establish within the same a temporary government; and the military, civil, and judicial powers thereof, shall be vested in such person and persons, and be exercised in such manner as he may direct, for the protection and maintenance of the inhabitants of such province or provinces, in the full enjoyment of their property, liberty, and religion: Provided: That the principles upon which such temporary government shall be established, shall form no obstacle to the restoration of peace between the two nations."
And, on motion to agree to the amendment, it was determined in the affirmative—yeas 20, nays 10, as follows:
Yeas.—Messrs. Anderson, Bibb, Bradley, Brent, Campbell of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Howell, Leib, Pope, Robinson, Tait, Taylor, Turner, Varnum, and Worthington.
Nays.—Messrs. Bayard, German, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Smith of Maryland, and Smith of New York.
On motion, by Mr. Tait, to amend the bill as follows:
"And be it further enacted: That this act be not printed or published, unless directed by the President of the United States; any law or usage to the contrary notwithstanding."
On the question to agree to this amendment, it was determined in the affirmative—yeas 23, nays 7, as follows:
Yeas.—Messrs. Anderson, Bayard, Bibb, Bradley, Brent, 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.
Nays.—Messrs. German, Gilman, Goodrich, Horsey, Hunter, Lambert, and Lloyd.
The President resumed the Chair, and Mr. Gaillard reported the bill, amended.
On the question: Shall this bill pass to a third reading, as amended? it was determined in the affirmative—yeas 15, nays 13, as follows:
Yeas.—Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Gaillard, Howell, Leib, Robinson, Tait, Taylor, Turner, Varnum, and Worthington.
Nays.—Messrs. Bayard, Dana, Franklin, German, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Smith of Maryland, and Smith of New York.
The amendments to the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," were reported by the committee correctly engrossed; and the bill was read the third time, as amended.
On motion, by Mr. Bayard, to postpone the further consideration thereof to the first Monday in November next; it was determined in the negative—yeas 14, nays 16, as follows:
Yeas.—Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Smith of Maryland, and Smith of New York.
Nays.—Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Franklin, Gaillard, Howell, Leib, Robinson, Tait, Taylor, Turner, Varnum, and Worthington.
On the question, Shall this bill pass as amended? it was determined in the negative—yeas 14, nays 16, as follows:
Yeas.—Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Condit, Crawford, Franklin, Gaillard, Robinson, Tait, Taylor, Turner, Varnum, and Worthington.
Nays.—Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Smith of Maryland, and Smith of New York.
So it was Resolved, That the Senate do not concur in the said bill.
[12] LIST OF MEMBERS OF THE SENATE.
This being the day appointed by a proclamation of the President of the United States, of the twenty-fourth day of July last, for the meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:
From New Hampshire—Josiah Bartlett, Samuel Dinsmoor, Obed Hall, John A. Harper, and George Sullivan.
From Massachusetts—Ezekiel Bacon, Abijah Bigelow, Elijah Brigham, William Ely, Isaiah L. Green, Josiah Quincy, William Reed, Ebenezer Seaver, Samuel Taggart, Peleg Tallman, Charles Turner, junior, Laban Wheaton, and Leonard White.
From Rhode Island—Richard Jackson, junior.
From Connecticut—Epaphroditus Champion, John Davenport, junior, Lyman Law, Jonathan O. Mosely, Timothy Pitkin, junior, Lewis B. Sturges, and Benjamin Tallmadge.
From Vermont—Martin Chittenden, James Fisk, Samuel Shaw, and William Strong.
From New York—Daniel Avery, Harmanus Bleecker, Thomas B. Cooke, James Emott, Asa Fitch, Thomas R. Gold, Robert Le Roy Livingston, Arunah Metcalf, Samuel L. Mitchill, Benjamin Pond, Peter B. Porter, Ebenezer Sage, Thomas Sammons, Silas Stow, Uri Tracy, and Pierre Van Cortlandt, junior.
From New Jersey—Adam Boyd, Lewis Condit, Jacob Hufty, James Morgan, and Thomas Newbold.
From Pennsylvania—William Anderson, David Bard, Robert Brown, William Crawford, Roger Davis, William Findlay, John M. Hyneman, Joseph Lefevre, Aaron Lyle, James Milnor, William Piper, Jonathan Roberts, William Rodman, Adam Seybert, John Smilie, George Smith, and Robert Whitehill.
From Delaware—Henry M. Ridgely.
From Maryland—Stevenson Archer, Joseph Kent, Peter Little, Alexander McKim, Samuel Ringgold, and Robert Wright.
From Virginia—Burwell Bassett, James Breckenridge, William A. Burwell, Matthew Clay, John Dawson, Peterson Goodwyn, Aylett Hawes, John P. Hungerford, Joseph Lewis, junior, William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, junior, John Randolph, John Roane, Daniel Sheffey, John Smith, and Thomas Wilson.
From North Carolina—Willis Alston, William Blackledge, Thomas Blount, William R. King, Nathaniel Macon, Joseph Pearson, Israel Pickens, and Richard Stanford.
From South Carolina—William Butler, Langdon Cheves, Elias Earle, William Lowndes, Thomas Moore, and David R. Williams.
From Georgia—William W. Bibb, Howell Cobb, Bolling Hall, and George M. Troup.
From Kentucky—Henry Clay, Joseph Desha, Richard M. Johnson, Samuel McKee, Anthony New, and Stephen Ormsby.
From Tennessee—Felix Grundy, and John Rhea.
From Ohio—Jeremiah Morrow.
From Mississippi Territory—George Poindexter, Delegate.
From Indiana Territory—Jonathan Jennings, Delegate.
And a quorum, consisting of a majority of the whole number of Members, being present, the House proceeded, by ballot, to the choice of a Speaker; and, upon examining the ballots, it appeared that Henry Clay, one of the Representatives for the State of Kentucky, was duly elected; Whereupon,
Mr. Clay was conducted to the Speaker's chair, and the oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered to him by Mr. Findlay, one of the members for the State of Pennsylvania; after which, he made his acknowledgments to the House, in the following words:
"Gentlemen: In coming to the station which you have done me the honor to assign me—an honor for which you will be pleased to accept my thanks—I obey rather your commands than my own inclination. I am sensible of the imperfections which I bring along with me, and a consciousness of these would deter me from attempting a discharge of the duties of the Chair, did I not rely, confidently, upon your generous support.
Should the rare and delicate occasion present itself, when your Speaker shall be called upon to check or control the wanderings or intemperance in debate, your justice will, I hope, ascribe to its interposition the motives only of public good and a regard to the dignity of the House. And in all instances, be assured, gentlemen, that I shall, with infinite pleasure, afford every facility in my power to the despatch of public business, in the most agreeable manner."
The oath or affirmation to support the Constitution of the United States was then administered, by the Speaker, to all the other members present.
George Poindexter, and Jonathan Jennings, having also appeared, and produced their credentials as the delegates from the Mississippi and Indiana Territories of the United States, the oath was administered to them by the Speaker.
The House proceeded, by ballot, to the choice of a Clerk, and, upon examining the ballots, it appeared that Patrick Magruder was duly elected, and the oath, together with the oath of office, administered by the Speaker to the Clerk.
Thomas Dunn was then re-elected Sergeant-at-Arms, and Thomas Claxton, Doorkeeper, without opposition. Benjamin Burch was also chosen Assistant Doorkeeper.
The usual messages were interchanged with the Senate on the subject of their being formed and ready to proceed to business.
Mr. Mitchill and Mr. Pitkin were appointed a committee on the part of the House, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them.
Mr. Mitchill, from the joint committee appointed to wait on the President of the United States, reported that the committee had performed the service assigned to them, and that the President answered, that he would make a communication to Congress to-morrow at twelve o'clock.
Several other members, to wit, Abner Lacock, from Pennsylvania; John Baker, from Virginia; and Richard Wynn from South Carolina, appeared, produced their credentials, were qualified, and took their seats.
On motion of Mr. Newton, the Clerk of the House was directed to procure newspapers from any number of offices that the members may elect, provided that the expense do not exceed the amount of three daily papers.
A Message was received from the President of the United States, by Mr. Edward Coles; his Secretary, who delivered the same and withdrew. [For which see Senate proceedings of this date, ante page 401.]
The Message having been read, and the documents accompanying it in part, an adjournment was called for, and carried.
Two other members, to wit: Meshack Franklin, from North Carolina, and John C. Calhoun, from South Carolina, produced their credentials, were qualified, and took their seats.
Another member, to wit, Lemuel Sawyer, from North Carolina, appeared, produced his credentials, was qualified, and took his seat.
Another member, to wit, John Sevier, from Tennessee, appeared, produced his credentials, was qualified, and took his seat.
Several other members, to wit: William Widgery, from Massachusetts; George C. Maxwell, from New Jersey; and Philip B. Key, and Philip Stuart, from Maryland, appeared, produced their credentials, were qualified, and took their seats.
Select Committees.
All the select committees which were thought necessary, being appointed, it was determined that the first, on Foreign Relations, should consist of nine members; the committee on the Spanish colonies and Navy concerns, to consist of seven members; and those on manufacturing cannon and Indian affairs, to consist of five members.
The resolutions, as amended, are in the following words:
1. Resolved, That so much of the President's Message as relates to the subject of our foreign relations, be referred to a select committee.
2. Resolved, That so much of the President's Message as relates to filling the ranks and prolonging the enlistments of the regular troops, and to an auxiliary force; to the acceptance of volunteer corps; to detachments of militia, and to such a preparation of the great body as will proportion its usefulness to its intrinsic capacity, be referred to a select committee.
3. Resolved, That those parts of the Message of the President which relates to the Naval force of the United States, and to the defence of our maritime frontier, be referred to a select committee.
4. Resolved, That so much of the President's Message as relates to the revenue and the provisions necessary for the service of the ensuing year, be referred lo the Committee of Ways and Means.
5. Resolved, That so much of the President's Message as relates to the evasion and infraction of our commercial laws, be referred to the Committee of Commerce and Manufactures.
6. Resolved, That so much of the President's Message as relates to foreign trading licenses, and to the protection of manufactures and navigation, be referred to the Committee of Commerce and Manufactures.
7. Resolved, That so much of the President's Message as relates to the Spanish American colonies, be referred to a select committee.
8. Resolved, That so much of the said Message as relates to the manufacture of cannon and small arms, and the providing munitions of war, be referred to a select committee.
9. Resolved, That so much of the said Message as relates to Indian affairs, be referred to a select committee.
Mr. Porter, Mr. Calhoun, Mr. Grundy, Mr. Smilie, Mr. Randolph, Mr. Harper, Mr. Key, Mr. Desha, and Mr. Seaver, were appointed the committee on the first resolution.
Mr. Williams, Mr. Wright, Mr. Macon, Mr. Nelson, Mr. Stow, Mr. Maxwell, and Mr. Tallmadge, were appointed the committee on the second resolution.
Mr. Cheves, Mr. Newton, Mr. Milnor, Mr. Quincy, Mr. Cooke, Mr. McKim, and Mr. Fisk, were appointed the committee on the third resolution.
Mr. Mitchill, Mr. Bibb, Mr. Blackledge, Mr. Taggart, Mr. Champion, Mr. Butler, and Mr. Shaw, were appointed the committee on the seventh resolution.
Mr. Seybert, Mr. Little, Mr. Goodwyn, Mr. Tracy, and Mr. Sturges, were appointed the committee on the eighth resolution.
Mr. McKee, Mr. Sevier, Mr. Morrow, Mr. Sheffey, and Mr. Brown, were appointed the committee on the ninth resolution.
And then, on motion the House adjourned until to-morrow.
Another member, to wit, Thomas Gholson, from Virginia, appeared, produced his credentials, was qualified, and took his seat.
Matthew Lyon's Claim for refunding his Fine under the Sedition Act.
The Speaker presented a memorial of Matthew Lyon, of Kentucky, stating that, whilst a member of the House of Representatives of the United States, from the State of Vermont, he was illegally tried and found guilty, under a charge of sedition, and fined the sum of one thousand dollars, and imprisoned twelve months, and praying that the said fine may be repaid, with interest, together with his pay as a member of Congress, which was withheld during his confinement.
The petition being read,
Mr. New moved that it be referred, with the accompanying documents, to the Committee of Claims.
Mr. Bassett was opposed to this reference. If the petitioner had any claim upon the United States, it must be on the ground that the law under which he was convicted was unconstitutional. A claim of this kind could not be recognized by that committee. He thought, therefore, it would be more proper to refer this petition to a select committee. This was desirable, also, from the consideration that the Committee of Claims is generally overburdened with business.
Mr. New said, it having been represented to him that it would be most proper to refer the petition to a select committee, he would so change his motion.
Mr. Randolph had no doubt it would be recollected, that at the first session of Congress under the administration of the present President, the session which met in May, 1809, a committee was raised "to inquire whether any and what prosecutions had been instituted before the courts of the United States for libels at common law, and to report such provisions as in their opinion may be necessary for securing the freedom of speech and of the press." Congress adjourned after a short session in June. The chairman of that committee was directed to address letters to the clerks of the several courts in which such prosecutions had been commenced. To some of these letters answers were received after the adjournment. These answers received in the recess (all except one, which the chairman had found amongst his private papers since the meeting of the present session) were transmitted to the clerk of this House, in whose possession it is presumed they now are. The chairman of that committee, at the two succeeding sessions, was, by the visitation of God, and from circumstances without his control, for the first time since he had the honor of a seat on this floor, prevented from attending to his duty till the sessions had considerably advanced, otherwise he would have felt it obligatory on him to have called the attention of Congress to this subject. It was his intention, at the present session, without knowing any thing of this petition, to have called the attention of the House to it, amongst others, at an early day. He thought it behooved this House, as the guardian of the public purse and public weal, to take care that the stream of public justice be preserved pure and free from pollution; and whether persons have suffered by prosecutions under the sedition law, or under the common law of England—not the common law of the United States, as modified by the laws of the United States in their corporate capacity—he was for affording them relief. He wished to see if any of our citizens had received injury from prosecutions of this kind; and, if they had to redress the wrong by such a prospective measure as may prevent a recurrence of similar mischief.
It seems idle, said Mr. R., for any man to undertake, by statute, to do that which the great charter of our confederation has endeavored to do in vain. It is, it appears, impossible to prevent men, heated by party, and seeking only the gratification of their own passions, from trampling in the dust the charter which we have sworn to support; for though our constitution has said, in the broadest terms which our language knows, that the freedom of speech and of the press shall not be abridged, men have been found so lost to all sense of their country's good, as to pass the act, commonly called the sedition act, and to send out our judges to dispense, not law, but politics from the bench. It would seem idle to attempt to prevent, by statutory provisions, similar abuses. But though, formed as we are, we cannot attain perfection, we ought, in imitation of a divine example, to aspire to it, and endeavor to preserve in purity the great Magna Charta of our country.
This subject, Mr. R. said, might appear frivolous to others. He knew that men, intent on worldly things, with their snouts grovelling in the mud, who hold every thing but sordid pelf, and still more disgraceful office, as dross and dust, would not think it worth while to attend to things of this kind. Nor did he wish to set himself up for a political Pharisee, and thank God that he was not as other men are.
Mr. R. moved to amend the reference, by adding to it the following:
"With instructions to inquire whether any, and what, prosecutions have been instituted before the courts of the United States for libels, under the sedition law or the common law, and by what authority; and to make such provisions as they may deem necessary for securing the freedom of speech and of the press."
Mr. R. hoped this amendment would be agreed to; for, said he, it is evident that when we came into power, when we succeeded to our predecessors, proper measures were not taken for purifying the violent temper of the day—for preventing the recurrence of prosecutions of this kind. He recollected having heard, at the close of the administration of the second President of the United States, one of the most beautiful pieces of declamation, from a gentleman from South Carolina, which he had ever heard, in which he conjured the House to re-enact the sedition act, because, said he, we are about to surrender the Government into the hands of men in whom we have no confidence, and I wish to retain this law as our shelter, because, by this, if we are prosecuted for a libel, we can give the truth in evidence. Mr. R. said he listened to the gentleman, but he thought he was talking for talking's sake. He did not believe that himself believed a word of what he said. Mr. R. did not suppose that a prosecution at common law, for a libel, could take place under a republican administration. He thought the gentleman was making the best apology he could for the sedition law, and that he was glad to find himself in a minority on his motion for continuing it. But, said he, experience teacheth. I find it possible even for the Pharisees themselves sometimes to slide, sometimes to fall. He thought it due to our country, and to ourselves, that whatever abuses exist, without stopping to inquire whether the sufferer be a Catholic or a Protestant, a Federalist, a Democrat, or a monarchy man, to redress the wrong. What would be said in a court of justice in a case of murder? It would not be thought worth while to inquire what was the offender's politics, or whether honest or the contrary. He considered honest men as of right politics. It unfortunately happens, said he, that some men make up in zeal what they know themselves to be deficient in honor and honesty.
The amendment was agreed to and the petition referred to a committee of seven, consisting of Mr. New, Mr. Randolph, Mr. Wright, Mr. Troup, Mr. Whitehill, Mr. Mosely, and Mr. Cooke.
Another member, to wit, John Clopton, from Virginia, appeared, produced his credentials, was qualified, and took his seat.
Indian Affairs.
Mr. Rhea proposed the following resolution for adoption:
"Resolved, That the Committee on Indian Affairs be instructed to inquire into the expediency of extending the laws of the United States over those parts of the States and Territories of the United States, to which the Indian title is not extinguished, in such manner as that all white persons residing within any of the said parts of the United States may and shall be liable to the operation of those laws."
Mr. R. added, that if the petitions which had this morning been presented by the gentleman from North Carolina had been read, the necessity of taking some measure similar to the one which he proposed, would have been evident to every member of the House, as the Indian countries are become an asylum for persons guilty of every enormity.
Mr. Pickens stated, that if any doubt existed as to the propriety of passing this resolution, he would call for the reading of the petitions which he had presented.
Mr. Wright had some doubts whether the laws of the United States did not at present extend to cases of this kind, and wished the resolution to lie on the table until the subject could be looked into.
Mr. Bibb said, a case had lately occurred in the State of Georgia, which showed the necessity of some farther provision on this subject. A murder of a most atrocious kind had been committed within the Indian country; the parties were taken near the spot, and brought before the federal authority in Georgia; and upon a question of jurisdiction, the judges decided that the court had no authority in the case. In a similar instance, the offenders were brought before the State authorities, which determined in the same way, and the offenders, of course, were in both cases discharged.
Mr. Grundy was of opinion that the United States courts had, at present, complete jurisdiction of all criminal cases which might arise within the Indian boundary, the case cited by the gentleman from Georgia notwithstanding; but he supposed the object of this resolution was to supply the defects of the law at present in civil cases.
Mr. Poindexter had no doubt but the courts of the United States had jurisdiction of criminal offences, committed within the Indian boundary. Congress, at their first session, made provision for the punishment of offenders charged with murder, piracy, &c., committed on the high seas or without the territory of the United States. But the difficulty suggested by the gentleman from Tennessee existed. Persons who have committed petty offences and debtors go over to the Indian territory, where the law cannot reach them. He doubted whether the resolution was calculated to reach this object, and therefore wished it to lie on the table that it might be amended.
Mr. Rhea hoped he might be permitted to judge for himself whether the resolution which he had offered was calculated to accomplish the object which he had in view. His colleague had intimated that the laws, at present, extend to criminal offences, though the gentleman from Georgia had stated a case in which the judges had determined otherwise. This shows, at least, that the law wants revision, not only with respect to criminal, but civil matters. He had drawn the resolution in the most general terms.
Mr. Bibb could not conceive how the judges of the Federal Court, in the case he had cited, could have decided as they did with the law which had been referred to before them. Perhaps it might have arisen from a clause of the constitution, which directs that jurors shall be drawn from the district where the offence is committed.
The resolution was laid on the table.
Domestic Manufactures.
Mr. Rhea called up for consideration the resolution which he laid upon the table yesterday, proposing an additional duty on coarse hemp and flax.
The resolution was considered, and, on motion, the words "and cotton," were added to it, by consent of the mover.
Mr. Grundy observed, that several detached resolutions for the encouragement of domestic manufactures had been offered to the House. He wished the adoption of a proposition which should include all the manufactures of the country. He hoped the present motion might lie on the table for a few days, until such a proposition could be prepared. It is, said he, an object of great magnitude, when we consider the vast sums of money which have lately been vested in establishments of this kind; and the present is a favorable moment for adopting some measures to give our manufactures countenance and support.
Mr. Rhea could not agree to the proposed postponement. He should never obtain his object, if he were to agree to one postponement after another. His colleague could, at any time, submit his proposition, without hindering the progress of the one he had introduced.
After some conversation as to the propriety of discussing this proposition in the House,
The Speaker decided, that though there is a rule of the House which says that all propositions for laying a tax shall be discussed in Committee of the Whole; this resolution, in his opinion, did not come within that rule, as it was merely an instruction to a committee to inquire into the expediency of laying an additional tax.
The motion, for laying the proposition on the table, was carried, 51 to 47.
American Seamen.
Mr. Milnor rose, and observed there was no topic more important than the protection of American seamen, and yet he believed it would be acknowledged by all who have given consideration to the subject, that our laws on this subject are materially defective. The object of these laws ought to be twofold; in the first place, for the protection of bona fide American citizens, and secondly, for the prevention of the abuse of those protections by citizens of other countries not entitled to them. It will be recollected, that the act for relief of American seamen makes it the duty of the collectors to furnish certificates of citizenship in the manner therein directed; but, owing to an error of Congress, no manner is prescribed; and, of course, the collectors have been left to accept of such proof as they deemed sufficient, or to act under the directions of the Secretary of the Treasury, which, in most instances, is an unsafe way of proceeding. The penal laws of the United States provide no punishment for the crime of perjury in these cases. A recent instance, Mr. M. said, had occurred in the district which he represented. An Italian, not twenty days in the country, appeared before a notary public, claiming the rights of an American seaman. He made the necessary oaths, and produced a sponsor who swore that he was born in Baltimore. The tongue of the man detected the falsehood. The collector, with that attention to his duty for which he is so remarkable, had both seaman and sponsor apprehended. The attorney for the district looked into the case, and found the crime of perjury to be, the falsely taking an oath according to the laws of the United States; but, as the law was defective, as above stated, the offence was not perjury. The Attorney-General confirmed this opinion. The offenders, therefore, escaped punishment. He believed other amendments might be usefully made to the law on this subject. He concluded by offering the following resolution for adoption, which was agreed to:
"Resolved, That a committee be appointed to inquire and report whether any, and what amendments are necessary to the laws of the United States relating to the protection of American seamen; and that the committee have leave to report by bill or otherwise."
Mr. Milnor, Mr. Little, Mr. Reed, Mr. Bassett, and Mr. Pitkin, were appointed the committee.
Expenditure of Public Money.
Mr. Randolph asked for the consideration of the resolution which he laid on the table some days ago, directing the appointment of a committee to inquire into the expenditure of public money; which, being agreed to, Mr. R. trusted there would be no difference of opinion as to the propriety of agreeing to this resolution. But, before the vote was taken, he would state to the House, by way of explanation, the result of a former inquiry. At the first session of the 11th Congress, a report of a committee was made, in part, on this subject. [This report Mr. R. read. It states that, owing to the shortness of the session, complete information on the subject could not be obtained.] As the session lasted but six weeks, the committee had no reason to complain that the information required was not obtained. An expectation was entertained that it would be given at the next session. But the committee have reason to complain that the information which was given was altogether different from that which was asked. This was represented to the departments, and a more satisfactory report was promised at the ensuing session. Mr. R. said, the course pursued at the first session, under the present President, had been the same which was adopted at the close of Mr. Adams's Administration. At the following session of Congress, the person who was appointed chairman of the committee of the first session, was unable to attend; but it was a gratification to him to find, that the subject was taken up by an honorable colleague of his, to whom the State of Virginia had been more than once indebted for the luminous reports on her fiscal concerns; but nothing was effected. To show how different the information received was, from that asked for, Mr. R. proposed to read a short letter. The object of the committee was, to know in what way the Pursers of the Navy received their money, and what was the amount of their emoluments. The answer they received, stated "that the advances made to Pursers are by warrants drawn on the Treasury, sometimes by Navy agents," &c. We inquired, said he, what were their emoluments, other than those allowed by law? Answer: "they arise from a certain percentage upon slops detailed to the seamen." It may not be amiss, said Mr. R., to inform country gentlemen that, by slops, are meant ready-made clothing, &c. It was scarcely possible to have given a more evasive answer. We asked, What were the emoluments? They answer, "a certain percentage fixed by the department;" but what that per cent. was, the committee was left to find out by instinct. It had been understood that large sums of money were advanced to these Pursers, who laid it out in slops, which they retailed to the seamen at an advance, in some instances, of twenty per cent.! This was a fact, Mr. R. said, which ought to be looked into. It was essential to the reputation of the Government, essential to its honor, indispensable to the fair fame of those who administer the finances of the United States, that abuses, such as these, should be probed to the quick, to show to the world that, if we cannot govern the great beasts, the mammoths of the forest, we can, at least, poison the rats. And whose money, asked Mr. R., is this? It is the people's money; it comes from the pockets of the people of the United States. When he spoke of this abuse of public money, he wished no gentleman to understand him as speaking of the abuse under this, that, or the other President of the United States. He considered them all as of one description of people; and it was not less necessary to guard against abuses in a country where the President is elected by the people, than in a country where he is put over them. He would dare to question the infallibility of all, and look upon all with jealousy and distrust. He wished not, however, to be charged with that mistaken opposition to the Government, which determines to exhibit abuses for the sake of doing so; or with shutting his eyes to the abuses of Thomas, while they are open to the abuses of John. Mr. R. said he had no interest distinct from the interest of his country. With respect to princes and potentates, the only favor he had to ask of them was, that they would keep their hands out of his pocket and off his person, and, to use a homely phrase, "if they would let him alone, he would let them alone."
Under these circumstances, Mr. R. asked the House if it were not necessary for a committee to be appointed to probe into this business? He wished to state, before he sat down, that he had learnt, soon after the present Secretary of the Navy came into office, the percentage of the Pursers was reduced from twenty to four or five per cent.
The resolution was unanimously agreed to, and a committee of seven appointed, as follows: Messrs. Randolph, Gold, McKim, Roberts, Johnson, Law, and Widgery.
Territory of Louisiana.
On motion of Mr. Rhea, the House went into a Committee of the Whole, on the bill for the government of the Territory of Louisiana. The bill being read by paragraphs, Mr. Fisk moved to strike out the words in the fifth section of the bill, which makes it necessary for persons to be in possession of a freehold to have a right to vote. This motion was opposed by Mr. Randolph, on principle, in a speech of considerable length, in which he advocated the freehold qualification for voters. The motion was opposed also by Mr. Rhea, as unnecessary for the attainment of the mover's object; as he stated the qualification for voters was twofold—one was the possession of a freehold, the other a residence of a year previous to the time of election.
Mr. Poindexter made a motion, which superseded that of the gentleman from Vermont, to strike out all that part of the section which defined the qualification of voters, and insert, "every free white male citizen residing in the said Territory, who shall have attained the age of twenty-one years, and paid a tax."
This amendment was debated till the usual hour of adjournment, when the committee rose without taking the question, and obtained leave to sit again.
This debate, though protracted to considerable length, embraced a very narrow question, viz: whether it is better to require voters to hold freehold property, or to suffer every man to possess the privilege of voting who has arrived to the age of twenty-one years. As already stated, Mr. Randolph took the first ground, and introduced the practice of Virginia to show that it was attended with the best effects. Mr. Fisk, Mr. Wright, Mr. Smilie, and Mr. Poindexter, took the opposite side of the question. They argued that life and liberty are superior to property—that these are dearer to the poor man than all the property of the rich. Mr. Wright said, that the State of Maryland had tried the property qualification for voting, had found it attended with bad effects, and had now abandoned it. It was formerly required that a voter should be possessed of property to the value of thirty pounds; so that if a man possessed a horse of that value, he was entitled to a vote; but if the horse happened to die before the election, he lost his privilege, which was placing the right in the horse instead of the man. As to freehold qualifications, they were evaded too by deeds made for the occasion, which were afterwards cancelled.
Mr. Randolph, in combating the principle of universal suffrage, said that it was impossible for the gentleman himself, (alluding to Mr. Smilie,) or any piping-hot member from a Jacobin club—for any disciple of Tom Paine or of the Devil—to carry this principle of equality to its full extent; for even they must exclude from its operation minors and females. He also took occasion to pronounce a strong philippic against foreigners having any part in the Government. Mr. Smilie, in his reply, paid a tribute of respect to the memory of Paine, on account of his valuable political writings, which had been considered as highly serviceable in the Revolution, and which would always be esteemed wherever the rights of man are understood, and reminded him of the foreigners who had assisted in fighting our Revolutionary battles. Mr. Randolph justified his allusion to Paine; said he was sorry the gentleman had not recollected his "Age of Reason," as well as his "Rights of Man;" and as to any services which he rendered by his writings, he thought little of them. The heroes engaged in that great cause did not need the assistance of an English staymaker. In reply, Mr. Smilie said, he never interfered with a man's religious opinion; that was a private concern, which lay between God and a man's own conscience; and as to the profession of Paine, that, he apprehended, would never lessen the value of his writings.
Another member, to wit, Archibald McBryde, from North Carolina, appeared, produced his credentials, was qualified, and took his seat.
Another member, to wit, Elisha R. Potter, from Rhode Island, appeared, produced his credentials, was qualified, and took his seat.
Additional Duties.
On motion of Mr. Rhea, the House took up for consideration the resolution which he had submitted some days ago, proposing to instruct the Committee of Commerce and Manufactures to inquire into the expediency of laying an additional duty on coarse manufactures of hemp, flax, and cotton.
This resolution produced a long desultory debate, which occupied the House the whole of the day, without coming to any decision upon it.
Mr. Stanford, on the ground that the Committee of Commerce and Manufactures had already this subject under consideration, moved an indefinite postponement of the resolution.
This motion was negatived, 58 to 48.
Mr. King proposed an amendment. He expressed himself friendly to the resolution of the gentleman from Tennessee, and to the encouragement of domestic manufactures generally. His amendment was in the following words: