PROCEEDINGS AND DEBATES ΟΡ THE SENATE OF THE UNITED STATES, AT THE FIRST SESSION OF THE ELEVENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, MAY 22, 1809, MONDAY, May 22, 1809. choose, provided that the same be furnished at the Conformably to the act passed at the last ses-usual rate for the annual charge of such papers: sion, entitled "An act to alter the time for the next meeting of Congress," the first session of the eleventh Congress commenced this day, and the Senate assembled in their Chamber, at the City of Washington. PRESENT: GEORGE CLINTON, Vice President of the United States, and President of the Senate. NICHOLAS GILMAN and NAHUM PARKER, from New Hampshire. TIMOTHY PICKERING, from Massachusetts. JAMES HILLHOUSE and CHAUNCEY GOODRICH, from Connecticut. ELISHA MATHEWSON and FRANCIS MALBONE, from Rhode Island. JONATHAN ROBINSON, from Vermont. and, provided, also, that if any Senator shall choose to take any newspapers other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers. Resolved, That James Mathers, Sergeant-atArms and Doorkeeper to the Senate, be, and he is hereby, authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him weekly for that purpose, to commence with, and remain during the session, and for twenty days after. Messrs. ANDERSON and GILMAN were appointed a committee on the part of the Senate, together with such committee as may be appointed by the House of Representatives on their part, to wait on the President of the United States and notify ANDREW GREGG and MICHAEL LEIB, from him that a quorum of the two Houses is assembled Pennsylvania. SAMUEL WHITE, from Delaware. JOHN GAILLARD, from South Carolina. Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business. Resolved, That each Senator be supplied, during the present session, with three such newspapers, printed in any of the States, as he may and ready to receive any communications that he may be pleased to make to them. A message from the House of Representatives informed the Senate that a quorum of the House is assembled, and that the House have elected JOSEPH B. VARNUM, Esq. one of the Representatives for the State of Massachusetts, their Speaker, and are ready to proceed to business. The House of Representatives have appointed a committee on their part, jointly, with the committee on the part of the Senate, to wait on the President of the United States and notify him that a quorum of the two Houses is assembed and ready to receive any communications that he may be pleased to make to them. TUESDAY, May 23. Mr. ANDERSON reported, from the joint committee, that they had waited on the President of the United States, and that the President of the United States informed the committee that he would make a communication to the two Houses at 12 o'clock this day. JAMES LLOYD, jr., appointed a Senator by the Legislature of the State of Massachusetts, for six 281957 SENATE. President's Message. years, commencing on the fourth day of March last, attended and produced his credentials; which were read. On motion, by Mr. FRANKLIN, Ordered, That General Arthur St. Clair have leave to withdraw his petition presented the last session, together with the papers therein referred to. MAY, 1809. British Orders, have substituted the amicable course which has issued thus happily, I cannot do less than refer to the proposal heretofore made on the part of the United States, embracing a like restoration of the suspended commerce, as a proof of the spirit of accommodation which has at no time been intermitted, and to the result which now calls for our congratulations, as corroborating the principles by which the public Councils have been guided during a period of the most trying embarrassments. Mr. LEIB presented the petition of Edward Pennington and others, sugar refiners in the city of Philadelphia, praying that a law may be passed spect the United States, having been thus arranged, a The discontinuance of the British Orders, as they regranting a drawback on refined sugar exported, communication of the event has been forwarded in one equal to the duties paid on the importation of of our public vessels to our Minister Plenipotentiary brown sugar, for reasons mentioned in the petition; at Paris, with instructions to avail himself of the imwhich was read, and ordered to lie for conside-portant addition thereby made to the considerations ration. On motion, by Mr. WHITE, which press on the justice of the French Government a revocation of its decrees, or such a modification of Resolved, That two Chaplains, of different de-them as that they shall cease to violate the neutral comnominations, be appointed to Congress during the merce of the United States. present session, one by each House, who shall interchange weekly. Ordered, That the Secretary request the concurrence of the House of Representatives in this resolution. PRESIDENT'S MESSAGE. The revision of our commercial laws, proper to adapt them to the arrangement which has taken place with Great Britain, will doubtless engage the early attention of Congress. It will be worthy, at the same time, of their just and provident care, to make such further alterations in the laws as will more especially protect and foster the several branches of manufacture, which have The following Message was received from the been recently instituted or extended by the laudable PRESIDENT OF THE UNITED STATES: Fellow-citizens of the Senate and House of Representatives: On this first occasion of meeting you, it affords me much satisfaction to be able to communicate the commencement of a favorable change in our foreign relations, the critical state of which induced a session of Congress at this early period. exertions of our citizens. Under the existing aspect of our affairs, I have thought it not inconsistent with a just precaution, to have the gunboats, with the exception of those at New Orleans, placed in a situation incurring no expense beyond that requisite for their preservation and conveniency for future service, and to have the crews of those at New Orleans reduced to the number required for their nav I have thought, also, that our citizens, detached in quotas of militia, amounting to one hundred thousand, under the act of March, one thousand eight hundred and eight, might not improperly be relieved from the state in which they were held for immediate service. A discharge of them has been accordingly directed. In consequence of the provisions of the act interdict-igation and safety. ing commercial intercourse with Great Britain and France, our Ministers at London and Paris were, without delay, instructed to let it be understood by the French and British Governments that the authority vested in the Executive to renew commercial intercourse with their respective nations would be exercised in the case specified by that act. Soon after these instructions were dispatched, it was found that the British Government, anticipating from early proceedings of Congress, at their last session, the state of our laws, which has had the effect of placing the two belligerent Powers on a footing of equal restrictions, and, relying on the conciliatory disposition of the United States, had transmitted to their Legation here provisional instructions, not only to offer satisfaction for the attack on the frigate Chesapeake, and to make known the determination of His Britannic Majesty to send an Envoy Extraordinary, with powers to conclude a treaty on all the points between the two countries; but, moreover, to signify his willingness, in the mean time, to withdraw his Orders in Council, in the persuasion that the intercourse with Great Britain would be renewed on the part of the United States. These steps of the British Government led to the correspondence and the proclamation now laid before you, by virtue of which the commerce between the two countries will be renewable after the 10th day of June next. Whilst I take pleasure in doing justice to the Councils of His Britannic Majesty, which, no longer adhering to the policy which made an abandonment by France of her decrees a prerequisite to a revocation of the The progress made in raising and organizing the additional military force, for which provision was made by the act of April, one thousand eight hundred and eight, together with the disposition of the troops, will appear by a report which the Secretary of War is preparing, and which will be laid before you. Of the additional frigates required by an act of the last session to be fitted for actual service, two are in readiness, one nearly so, and the fourth is expected to be ready in the month of July. A report which the Secretary of the Navy is preparing on the subject, to be laid before Congress, will show, at the same time, the progress made in officering and manning these ships. It will show, also, the degree in which the provisions of the act relating to the other public armed ships have been carried into execution. It will rest with the judgment of Congress to decide how far the change in our external prospects may authorize any modifications of the laws relating to the Army and Navy Establishments. The works of defence for our seaport towns and harbors have proceeded with as much activity as the season of the year and other circumstances would admit. It is necessary, however, to state that the appropriations hitherto made being found to be deficient, a further provision will claim the early consideration of Congress. The whole of the eight per cent. stock remaining due by the United States, amounting to five millions three hundred thousand dollars, had been reimbursed on the last day of the year 1808. And, on the first day of April last, the sum in the Treasury exceeded nine and a half millions of dollars. This, together with the receipts of the current year on account of former revenue bonds, will probably be nearly, if not altogether, sufficient to defray the expenses of the year. But the suspension of exports, and the consequent decrease of importations, during the last twelve months, will necessarily cause a great diminution in the receipts of the year one thousand eight hundred and ten. After that year, should our foreign relations be undisturbed, the revenue will again be more than commensurate to all the expenditures. Aware of the inconveniences of a protracted session, at the present season of the year, I forbear to call the attention of the Legislature to any matters not particularly urgent. It remains, therefore, only to assure you of the fidelity and alacrity with which I shall cooperate for the welfare and happiness of our country; and to pray that it may experience a continuance of the divine blessings by which it has been so signally favored. JAMES MADISON. The Message and papers accompanying it were read and five hundred copies thereof ordered to be printed for the use of the Senate. WEDNESDAY, May 24. JOHN CONDIT, appointed a Senator by the Executive of the State of New Jersey, in the place of Aaron Kitchel, resigned, took his seat, and his credentials were read; and the President administered the oath to him as the law prescribes. JOHN POPE, from the State of Kentucky, attended. Mr. GILES Submitted the following motion for consideration: Resolved, That so much of the President's Message as relates to a revision of our commercial laws, for the purpose of adapting them to the arrangement which has taken place with Great Britain, be referred to a select committee, with instructions to examine the same and report thereon to the Senate; and that the committee have leave to report by bill or otherwise. The following motion was submitted for consideration by Mr. GILES: Resolved, That so much of the President's Message as relates to the defence of our seaport towns and harbors be referred to a select committee, with instruction to examine the same and report thereon to the Senate; and that the committee have leave to report by bill or otherwise. The following motion was also submitted by Mr. GILES for consideration: Resolved, That a select committee be appointed to inquire whether it be expedient, at this time, to make any modifications of the laws relating to the Army and Navy of the United States; and that the committee have leave to report by bill or otherwise. A message from the House of Representatives informed the Senate that the House concur in the resolution sent from the Senate, for the appointment of Chaplains to Congress during the present session. SENATE. On motion by Mr. WHITE, the Senate proceeded to the election of a Chaplain on their part, in pursuance of the resolution of the two Houses, and the whole number of votes collected was 21, of which the Rev. Mr. WILNER had 11, and was accordingly elected. THURSDAY, May 25. The PRESIDENT laid before the Senate a letter from the Secretary of the Navy, enclosing a statement of the vessels belonging to the Navy of the United States, and of the gunboats; which was read and ordered to lie for consideration. The Senate resumed the consideration of the motion submitted yesterday, that so much of the President's Message as relates to the revision of them to the arrangement which has taken place our commercial laws, for the purpose of adapting with Great Britain, be referred to a select committee, with instructions to examine the same and report thereon to the Senate, and that the committee have leave to report by bill or otherwise; and, having agreed thereto, Messrs. GILES, SMITH of Maryland, POPE, LLOYD, and GREGG, were appointed the committee. The Senate resumed the consideration of the motion submitted yesterday, that so much of the President's Message as relates to the defence of our seaport towns and harbors be referred to a select committee, with instructions to examine the same and report thereon to the Senate, and that the committee have leave to report by bill or otherwise; and having agreed thereto, Messrs. GERMAN, GILMAN, MALBONE, SMITH of Maryland, and LEIB, were appointed the committee. The Senate resumed the consideration of the motion submitted yesterday, that a select committee be appointed to inquire whether it be expedient at this time to make any modification of the laws relating to the Army and Navy of the United States, and that the committee have leave to report by bill or otherwise; and, having adopted the motion, Messrs. ANDERSON, HILLHOUSE, TURNER, WHITE, and FRANKLIN, were appointed the committee. Mr. POPE gave notice that he should, to-morrow, ask leave to bring in a bill for the relief of William White and others. FRIDAY, May 26. JENKIN WHITESIDE, appointed a Senator by the Legislature of the State of Tennessee, for two years, commencing on the fourth of March last, in place of Daniel Smith, resigned, took his seat, and his credentials were read; and the President administered the oath to him as the law prescribes. RICHARD BRENT, from the State of Virginia, attended. Mr. POPE asked and obtained leave to bring in a bill for the relief of William White and others; and the bill was read, and passed to the second reading. Mr. POPE presented a resolution to the General Assembly of the State of Kentucky, expressive of their opinion that strong garrisons at Michili makinac, St. Louis, and near the mouth of the Ohio, would be of great public utility, and particularly aid in the protection of the frontiers; and the resolution was read.. Ordered, That it be referred to the committee appointed yesterday on so much of the Message of the President of the United States as relates to the defence of our seaport towns and harbors, to consider and report thereon. MONDAY, May 29. The bill for the relief of William White and others was read the second time, and referred to Messrs. POPE, GREGG, HILLHOUSE, FRANKLIN, and MALBONE, to consider and report thereon. MAY, 1809. commercial intercourse is permitted;" in which they request the concurrence of the Senate. The bill last brought up for concurrence was read, and, by unanimous consent, was read the second time, and referred to Messrs. LLOYD, GILES, and ANDERSON, to consider and report thereon. Mr. LLOYD, from the committee, reported the bill without amendment; and it was read the third time by unanimous consent, and passed. The resolution of the House of Representatives for the appointment of a joint committee to consider the business necessary to be acted on this session, was read for consideration. Ordered, That Messrs. MALBONE, FRANKLIN, and GILMAN, be a committee agreeably to the 22d rule for conducting business in the Senate. FOREIGN RELATIONS. Mr. THRUSTON presented the petition of John Mason and others, inhabitants of the county of Washington, in the District of Columbia, prayMr. GILES, from the committee to whom was ing that such part of "An act supplementary to referred so much of the President's Message as the act to incorporate the inhabitants of the City relates to the revision of our commercial laws, of Washington, in the District of Columbia," as for the purpose of adapting them to the arrangeexempts the City of Washington from taxation ment which has taken place with Great Britain, by the Levy Court of Washington county, be re- reported a bill to amend and continue in force pealed, for reasons mentioned in the petition; the act, entitled "An act to interdict the comwhich was read, and referred to Messrs. THRUS-mercial intercourse between the United States TON, ANDERSON, and BRENT, to consider and report thereon. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States: I now lay before Congress the report of the Secretary of War, showing the progress made in carrying into effect the act of April, 1808, for raising an additional military force, and the disposition of the troops. MAY 26, 1809. The Message and report were read and ordered to lie for consideration. JAMES MADISON. The PRESIDENT laid before the Senate a letter from Mr. SMITH of Maryland, stating that being appointed by the Executive of that State a Senator in conformity with the Constitution, until the next meeting of the Legislature, which will take place on the 5th day of June next, he submits to the determination of the Senate the question, whether an appointment under the Executive of Maryland, to represent that State in the Senate of the United States, will or will not cease on the first day of the meeting of the Legislature thereof? and the letter was read; and, after debate, it was agreed that the further consideration thereof be postponed until to-morrow. Mr. GILES gave notice that he should, to-morrow, ask leave to bring in a bill to fix the time for the next meeting of Congress. A message from the House of Representatives informed the Senate that the House have appointed the Rev. JESSE LEE a Chaplain to Congress on their part during the present session. They have appointed a committee on their part, to join such committee as may be appointed on the part of the Senate, to inquire what business is necessary to be done during the present session. The House of Representatives have passed a bill, entitled "An act respecting the ships and vessels owned by citizens or subjects of foreign nations, with which and Great Britain and France, and their dependencies, and for other purposes;" which was read; and, on motion by Mr. LLOYD, the bill was amended by unanimous consent, and passed to the second reading. The bill is as follows: A Bill to amend and continue in force the act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, 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 act laying an embargo on all ships and vessels in the ports and harbors of the United States, and enforce and make more effectual, an act, entitled "An the several acts supplementary thereto, and the act to act laying an embargo on all ships and vessels in the ports and harbors of the United States; and also the thirteenth, fifteenth and sixteenth sections of the act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes, be, and the same are hereby repealed: Provided, however, That all penalties and forfeitures, which have been incurred on account of any infraction of any of the said acts or sections, shall be recovered and distributed in like manner as if the said acts and sections had continued in full force and virtue. SEC. 2. And be it further enacted, That so much of the act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes, as is the end of the next session of Congress: Provided not repealed by this act, shall continue in force until That nothing therein contained shall be construed to prohibit any trade or commercial intercourse which has been or may be permitted in conformity with the provisions of the eleventh section of the said act. Src. 3. And be it further enacted, That, during the continuance of this act, no ship or vessel shall be permitted to depart for any foreign port or place with which commercial intercourse has not been or may not be permitted by the last mentioned act: and no ship |