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DECEMBER, 1805.

General Eaton.

H. OF R.

the resolution offered yesterday relative to Wil-It has however, always been deemed policy, and liam Eaton.

even duty in free governments, to distinguish by The Chairman read the resolution as follows: national honors those citizens who have perform"Be it enacted, by the Senate and House of Repreed important national services. It is perfectly sentatives of the United States of America, in Congress understood that our brave countryman commandassembled, That the President of the United States be ed. in conjunction with the ex Bashaw of Tripoli, requested to present a sword, in the name of Congress, a force sufficiently respectable to be consi ered as to William Eaton, Esq., as a testimony of the high an army, and of course that the popular appellasense entertained of his gallantry and good conduct in tion of General Eaton had been conferred upon leading a small band of our countrymen and others good grounds. In that strong point of view in through the desert of Lybia, on an expedition against which the subject will be seen by liberal minds, Tripoli, in conjunction with the ex-Bashaw of that Re- inadequacy of force and means, compared with gency; defeating the Tripolitan army at Derne, with the greatness of the object and the event, will the assistance of a small part of the naval force of the give greater honor to the achieving of the enUnited States, and contributing thereby to a successful terprise. If we act at all, we ought to bestow a termination of the war, and the restoration of our cap-mark of distinction suitable for a general officer, tive fellow-citizens to liberty and their country."

Mr. BIDWELL moved to amend the resolution by striking out the word "sword," and by inserting in lieu thereof the words "a medal of gold, with proper devices."

or an officer of distinguished rank. to accept. Shall we refuse a medal, the appropriate reward of the brave Preble, and offer a sword, which was given to the subordinate naval officers, when the services of Preble, however meritorious, and greatMr. J. CLAY wished the gentleman from Mas-ly meritorious they were, failed of effecting the sachusetts would let the word "sword" stand in object which the world believes that Eaton has the resolution. It was only on extraordinary accomplished? By the modern notions of maroccasions, he believed, that a medal was award- tial etiquette and honor, a sword is the appropri ed. He was very willing to vote for presenting ate token of distinction and reward for officers of a sword on this occasion; but. if a medal was in- subordinate rank. It is believed that a simple sisted upon, he should be compelled to vote against and concise vote of thanks, by the Representatives of a free people, is the noblest meed of exalted merit and patriotism.

the resolution.

Mr. ELLIOT requested that the resolution passed at the last session, relative to Commodore Preble, and the officers and marines under his command, might be read.

The resolution was accordingly read, which ordered a medal to be struck, and a sword to be given to each of the officers.

An army, composed in part of Americans, but chiefly of the descendants of the ancient Grecians, Egyptians, and Arabians; in other words, an ar my collected from the four quarters of the globe, and led by an American commander to conquest and glory, is a phenomenon in military h story Mr. E. said, that the objection of the gentleman calculated to attract the attention of the world, from Pennsylvania (Mr. J. CLAY) to the amend- not only by its novelty, but by its real influence ment offered by the gentleman from Massachu- and consequence. It ought to be considered, too, setts, (Mr. BIDWELL.) substituting a gold medal that this army, notwithstanding the singularity in the room of a sword. appeared to be founded on of its organization and character, and the smallthe idea that a medal would be a meed dispropor-ness of its numbers and its means, acted in a tioned to the importance of the services, or the cause which might be thought to affct, at least official rank of the gentleman who was the ob- in some remote degree, the general interest of ject of the resolution; in other words, that it mankind. Since the destruction of Cato, and his would be too great a reward. I did not, said Mr. little senate at Utica, the banner of freedom had E., anticipate the objection from any quarter of never waved in that desert and barbarous quarter the House, and regret extremely that it has arisen. of the globe; and he who carried it so nobly, in From the peculiar character with which the gen- the language of the resolution, through the desert tleman who is intended to be honored by the res- of Lybia, and placed it so triumphantly upon the olution, was invested by the Government, it be-African shore of the Mediterranean, deserves to comes a point of no small delicacy, and even of be honorably distinguished by that country and some difficulty, to debate the question at all. that Government, to which the enterprise has We are, indeed, told in the President's Mes- added lustre. I repeat it, Mr. Chairman, we can sage, that the important services of our gallant do nothing in which we are not anticipated by countryman undoubtedly contributed to the im- fame. Fame has already devoted to the name pression which produced peace with Tripoli. It which we are laboring to celebrate. the monumenwas proper for the President to say this, and tum aere perennius, the imperishable column of to say no more; but, in order to enable us to pay glory, which is the just reward of patriots only, a proper tribute on our part to merit so conspicuand which impartial history denies to the mere ous, it becomes necessary to avail ourselves of information derived from unofficial sources. In Mr. SMILIE remarked, that it added to the value everything which we can do upon this subject, of an honor conferred, to have it bestowed by an we are anticipated by the lou voice of fame, and unanimous vote. It was not, however, his pur this consideration has induced me sometimes to pose to trouble the House with a speech. He doubt the propriety of doing anything whatever. I should confine himself to making one or two re

conquerors and robbers of mankind.

H. OF R.

General Eaton.

DECEMBER, 1805.

and was of opinion that the House should express their highest sentiment of approbation. To do this, he thought the phraseology of the resolution ought to be changed in conformity to the ideas of the gentleman from Massachusetts. He would, therefore, with this view, move that the Committee should rise, with the intention of moving in the House the reference of the resolution to a select committee for such alteration.

The question was taken on the rising of the Committee-yeas 52, nays 54.

marks. He considered it correct that honors conferred should be apportioned to merit. It was not so important whether the man, on whom they were bestowed, was the commander of an army, or whether he filled an inferior station. Whatever his station might be, he who conducted himself well in the service of his country, was entitled to her thanks. Mr. S. said he would next examine the advantages which the services of Mr. Eaton had gained to his country, and see whether they were equal to those which we had derived from the services of other great men. From his impression, he thought they had been highly advantageous, and equally so with those rendered by Commodore Preble, and his brave associates, whose conduct he highly approved. He believed that the expedition of Mr. Eaton had greatly contributed to a peace; and if this were so, he did not know a more essential service he could have rendered. For these reasons he was in favor of award-ever, remark that the word Lybia was taken from ing a medal in preference to a sword.

Mr. QUINCY hoped the House would bestow a medal instead of a sword. He would say that, on such an occasion, a medal was more proper than a sword. When the resolution was offered, he had a solid objection to it, which had, in some measure, been removed by the proposed amendment. A sword was not an appropriate reward for the service rendered on this occasion. It was a reward for valor, and mere valor. In this case he considered the valor displayed as a very small part of the distinction of Mr. Eaton. He wished that the motion had been submitted to a select committee, that not only the nature of the compliment, but likewise the form of the expression, might have been better adapted to what he conceived to be the character of the service rendered. He did not think the circumstances stated in the resolution were those which were the most appropriate. He did not consider the leading a small band through the desert of Lybia, the defeating the Tripolitan army at Derne, the contributing to a peace, and the liberation of our countrymen, as characteristic of the services rendered. The peculiar character of those services was this: that Mr. Eaton, being a private citizen, and called upon by no official station or duty, had the greatness of mind to plan a scheme by which the dethronement of an usurper, the restoration of the lawful heir, and the release of ou rcaptive countrymen, were to have been effected. A conception of this kind belonged only to great and superior minds; and what was sufficient to fill the minds of most men, the machinery for effecting this plan, was to him but of a secondary nature. He believed it would be for the reputation of the United States to give some select and appropriate reward, such as a man like Eaton ought to receive, and such as it would be to the honor of our country to give.

The question was then taken on Mr. BIDWELL'S amendment, which was carried by a considerable majority.

Mr. JACKSON said, he entertained a high sense of the extraordinary merit of the officer who was the object of the resolution under consideration,

Mr. QUINCY Suggested the propriety of substituting Barca in the room of Lybia, as the latter was an antiquated word, not to be found in modern maps.

Mr. BIDWELL observed, that he was not tenacious of the particular form of the expression. If that suggested by his colleague was deemed most correct, he had no objection to it. He would, how

an expression used by Mr. Eaton in one of his letters. It was certainly a word used in modern times, although it might not be in general use.

As to the general question, Mr. B. hoped that, as some gentlemen thought the resolution went too far, while others thought it did not go far enough, and, as the general sentiment was, that something ought to be done by the House, it would be considered that a middle course between the two extremes was the fittest, and that there would be sufficient mgnanimity to give a unanimous vote in favor of the resolution. For himself he was willing to have it varied so as to make it conform to the general sense of the Committee, for the purpose of insuring unanimity.

Mr. QUINCY said he was not particularly tenacious of the form of expression used. He had only risen to state his knowledge as far as it went. Lybia was a word in use among classical men, among poets, but not among men of business.

The question was put on substituting Barca in the room of Lybia, and passed in the negative by a considerable majority. The resolution, as amended, was then agreed to without a division.

The Committee rose and reported it to the House, who immediately took it into consideration. The amendment for substituting "a gold medal with proper devices." in the room of a sword," being under consideration,

Mr. J. CLAY said, as the Committee of the Whole had reported their agreement to the amendment, and as a desire had been expressed that there might be an unanimous vote on the occasion, he wished more information on the subject than he possessed before he could act upon it. After having obtained this he might very probably vote for the amendment. He, therefore, moved a reference of the resolution to a select committee, who might obtain the information required from the Secretary of the Navy.

Mr. JACKSON observed, that the names of other gentlemen, who were before the walls of Derne, had been announced in the newspapers, as having assisted in the achievements that were the object of the resolution under consideration. It was not improper to inquire whether they ought to be as

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sociated in the honors awarded by Congress. To insure, therefore, unanimity, and bestow proper praise, he hoped the course pointed out by the gentleman from Pennsylvania would be pursued. The motion to refer the resolution to a select committee was carried-yeas 69; and Messrs. BIDWELL, J. CLAY, THOMPSON, of New Hampshire, MASTERS, GRAY, ARCHER, and CASEY, were appointed a committee.

FRIDAY, December 13.

Two other members, to wit: from Delaware, JAMES M. BROOM, and from Kentucky, JOHN FOWLER, appeared, produced their credentials, were qualified, and took their seats in the House. Mr. THOMAS, from the committee appointed on the tenth instant, presented a bill supplementary to the act, entitled "An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia;" which was read twice and committed to a Committee of the whole House on Monday next.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting a report and estimates of appropriation necessary for the service of the year 1806; also, a statement of the receipts, and expenditures at the Treasury of the United States, for one year preceding the first day of October, 1805, which were read, and referred to the Committee of Ways and Means.

On motion of Mr. DAWSON, the Message of the President relative to the brigantine Henrick, together with the report of the Committee of Claims thereon, made at a former session, were referred to the Committee of the Whole on Wednesday

next.

The House went into an election for a Chaplain in the room of Mr. GLENDY.

Messrs. Chalmers, Laurie, and Rattoon, were nominated.

The ballots having been taken, the Speaker declared Mr. LAURIE elected, he having 62 votes.

THEODORICK ARMISTEAD.

H. OF R.

States he is prohibited from entering brandy in quantities as small as those contained in the demijohns. He, therefore, asks permission to land these articles on paying the usual duties.

Mr. MACON (the Speaker) expressed his opinion of the incorrectness of the course pursued on this occasion, on which the Committee of Commerce and Manufactures, contrary to the usual practice of the House, had reported a bill without assigning their reasons in an accompanying report. He wished that such a report might be made, and that it might stand as a precedent, in case other applications should be made, to show the peculiar grounds on which the House acted. It was further his wish that there had been a bill embracing the general principle involved in this case, in preference to one making a special provision. That a detailed report might be made, he moved that the Committee should rise, in order to make way for a motion to recommit the bill to the Committee of Commerce and Manufactures.

Mr. NEWTON opposed this motion. He represented the case as extremely hard; that the facts were all before the House and were indisputable; that the vessel had been detained since October; that nothing was asked but what was perfectly fair; that the necessity of making the request arose from orders recently issued by a King who, though he could do no wrong to his own subjects, practised great injuries on American citizens. With regard to the general principle, a diversity of opinion, he said, existed in the Committee of Commerce and Manufactures, and to wait until this should be decided might involve great and injurious delay. As to one suggestion of the honorable Speaker, it would be easily obviated by the documents then in the possession of the House, remaining on file, which would clearly discriminate this case from all others which might hereafter come before them.

Mr. J. CLAY allowed that this was a hard case, but doubted much whether it was sound policy in the Government to recognise a high insurance, which was demanded in this instance on the exportation of the brandies, as sufficient ground for Mr. CROWNINSHIELD, from the Committee of allowing them to be landed, in contravention of a Commerce and Manufactures, to whom was yes-principle of the revenue system. He remarked terday referred the petition relative to a vessel at Norfolk, reported a bill for the relief of Theodorick Armistead, which was referred to a Committee of the Whole to-day.

The bill authorizes the Collector at Norfolk to admit to entry 1200 demijohns of brandy imported by T. Armistead, in the brig George, from the island of Teneriffe.

The House went immediately into Committee of the Whole.

that this case did not arise from any fault of the American Government, but from the aggressions committed on our rights by a Government who made their own interests the rule of their conduct towards other nations. He concluded by concurring with the Speaker in the course recommended by him.

Mr. CROWNINSHIELD hoped the Committee would not rise. The prayer of the petitioner was very reasonable. All he asked was to land his Mr. NEWTON fully explained the peculiar cir- goods on paying the legal duties on them. He cumstances of this case, and called for the read- passed over the ground taken by Mr. NEWTON, and ing of the documents relative to it; from which added that if the owner of the goods were driven, it appeared that some time since the owner of the by a denial of the indulgence he asked, to export brig George hired her to go to Teneriffe, where his goods, they might be seized under the plunhe took a cargo for the Havana; hearing subse-dering order of His Britannic Majesty, and both quently of the late British orders, he thought it goods and duties be lost. prudent to return to Norfolk, where he now lies; but owing to the revenue laws of the United

Mr. C. said that in the Committee of Commerce and Manufactures he had been in favor of

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reporting a bill for making a general provision; but that having been overruled in this point, the members of the committee not having made up their minds on its propriety, it became his duty to make a special report, in which be heartily concurred. He could not conceive why the entry of brandy and several other articles should be refused, unless imported in vessels of a particular size, while other articles of greater value in proportion to their bulk were admitted without re

striction.

Oa the rising of the committee a division took place-yeas 56, nays 47.

The Committee rose, reported that they had made progress, and asked leave to sit again.

Leave being denied, on the motion of Mr. CLAY the bill was recommitted to the Committee of Commerce and Manufactures.

MONDAY, December 16.

DECEMBER, 1805.

Mr. ALSTON moved to strike out the following words in one of the rules:

"It shall be the duty of the Committee of Accounts to audit the accounts of the members for their travel to and from the seat of Government, and their attendance in the House."

This amendment was supported by Messrs. ALSTON and DAWSON, under the impression that this new mode of settling the accounts of the members would be extremely inconvenient, if not impracticable.

It was opposed by Messrs. J. CLAY, FINDLEY, VARNUM, ELMER, and BIDWELL, who stated that, under the former practice of the House, which devolved the duty on the Speaker and SergeantJ.at-Arms, errors had been committed; that these would in future be best avoided by a standing committee; that this would relieve the Speaker and Sergeant-at-Arms from a burden at the close of the session, when other presing business necessarily engaged their attention, and would guard the reputations of members from insinuations to their discredit.

Two other members, to wit: from South Carolina, O'BRIEN SMITH, and from New York, GEORGE CLINTON, junior, appeared, produced their credentials, were qualified and took their seats in the House.

During the discussion, the SPEAKER, without expressing any opinion on the prospect of the Ordered, That the act passed by the Legisla- amendment, made a minute statement of the prac ture of the State of South Carolina, on the twenty-tice which had heretofore prevailed on this point, first of December, one thousand eight hundred in which he observed that but one instance withand four, entitled "An act to authorize the City in his knowledge had occurred since he had filled Council of Charleston, with the consent of Congress, to impose and levy a duty on the tonnage of ships and vessels, for the purpose therein mentioned," presented to this House on the eighth of February last, with the documents accompanying the same, be referred to Mr. MARION, Mr. TRACY. Mr. SMITH, of Virginia, Mr. BROOM, and Mr. Cook; to examine and report their opinion thereupon to the House.

On motion, it was

the Chair, of a member who had received a greater compensation for his attendance than he was entitled to; and that this circumstance must have arisen from accident, as it involved his receiving pay for one day more than the length of the session-an error which was immediately after the hurry of business detected. He further stated, that with respect to the mileage account, that was entirely made out in conformity to the representation of the members.

Mr. ALSTON's amendment was disagreed toyeas 33.

Resolved, That a committee be appointed to inquire into the expediency of so far amending the act, entitled "An act to provide for mitigating Mr. J. CLAY moved to strike out the words in or remitting the forfeitures, penalties, and disabil-italic in the following rule: ities, accrued in certain cases therein mentioned," "When a question is under debate, no motion shall as to extend the powers vested in the District be received, unless for the previous question, to postJudges of the United States to the Judges of the pone it indefinitely, to postpone it to a day certain, to Judicial Courts of the several States; and that lie on the table, to commit it, to amend it, or to adthe said committee be authorized to report there-journ." on by bill, or otherwise.

Mr. NICHOLSON supported and Mr. VARNUM Ordered, That Mr. SAILLY, Mr. PITKIN, Mr. opposed this motion, which was disagreed toBARD Mr. MORROW of Virginia, and Mr. Fow-yeas 44, nays 51. LER, be appointed a committee pursuant to the said resolution.

Mr. CROWNINSHIELD, from the Committee of Commerce and Manufactures, to whom was recommitted, on the thirteenth instant, the bill for the relief of Theodorick Armistead, made a report thereon: Whereupon,

Ordered, That the said report, together with the bill, be committed to a Committee of the Whole to-morrow.

RULES OF THE HOUSE.

On motion of Mr. VARNUM, the House went into a Committee of the Whole on the Standing Rules of the House.

Mr. SMILIE moved an amendment, prescribing that if the previous question shall be decided in the negative, "the consideration of the main question shall not be resumed during the same session."

Messrs. SMILIE, FINDLEY, and J. CLAY, spoke in favor of, and Messrs. VARNUM and QUINCY against, the amendment, which was disagreed to-ayes 32.

On the motion of Mr. NICHOLSON, the following new rule was adopted-yeas 32:

"When a question is postponed indefinitely, the same shall not be acted upon during the session.'

Mr. SMILIE moved to strike out the words in italic in the following rule: "Ou a previous ques

DECEMBER, 1805.

Theodorick Armistead.-Standing Rules.

H OF R.

tion, no member shall speak more than once with-cision should be made on this principle, by which out leave," and insert in lieu thereof "there shall be no debate."

Messrs. SMILIE and NICHOLSON advocated. and Messrs. BIDWELL, G. W. CAMPBELL, and VARNUM, opposed this motion, which was disagreed to-yeas 35.

Mr. FINDLEY suggested the propriety of instituting a permanent committee, to be charged with whatever respects the lands of the United States, and moved a rule for the appointment of a stan ing committee of seven members, to be styled "A Committee respecting the Lands of the United States;" which motion was agreed to-yeas 59, nays 31.

The Committee then rose, and asked leave to sit again, which the House granted.

TUESDAY, December 17.

Two other members, to wit: from Virginia, MATTHEW CLAY, and from Kentucky, MATTHEW WALTON, appeared, produced their credentials, and

took their seats in the House.

Mr. TENNEY made a report in the name of the Committee of Revisal and Unfinished Business.

Mr. GREGG withdrew a motion, made by him a few days since, relative to the disposition of public lands recently acquired from the Indians. under the impression that the subject would of course go to the standing land committee.

On the motion of Mr. GREGG a standing Committee on Public Lands were appointed.

Mr. STANTON moved the following resolution: Resolved, That the Committee of Revisal and Unfinished Business be instructed to inquire into the expediency of suspending, for a limited time, so much of an act regulating foreign coins, and for other purposes, as is contained in the second section thereof, with authority to report by bill or otherwise.

Mr. ALSTON observing that this subject was under the consideration of the Committee of Revisal and Unfinished Business, who would probably soon make a report upon it, the resolution was disagreed to-yeas 29.

Mr. J. C. SMITH, from the Committee of Claims, made a report on the petition of the crew of the late frigate Philadelphia, unfavorable to the peti tioners, which was referred to a Committee of the Whole to-morrow.

THEODORICK ARMISTEAD.

The House resolved itself into a Committee of the Whole on the bill for the relief of Theodorick Armistead; on which a debate of about one hour's duration ensued.

provision would be opened for all similar cases, by taking off the existing restriction on the importation of spirits which precluded their admission in smaller vessels than of ninety gallons.

The friends of the bill declared the case to be an extremely hard one, and explained the peculiar circumstances attending it as we have already stated them on a former day. They represented that delay in this case would be equal to a denial of justice, and would, by the accruing expenses of demurrage, which fell on the petitioner, eat up the value of his brandies; that the general provision alluded to would probably excite much diversity of sentiment, and might, after considerable delay, be rejected.

In the course of the debate Mr. CROWNINSHIELD, alluding to the recent British orders, spoke of them "as novel and strange principles acted on them as "piratical orders issued by the King and by their courts;" and Mr. NEWTON represented Council of Great Britain;" remarking that he could call them by no other name.

After adopting an amendment for securing the payment of the duties, offered by Mr. J. CLAY, the Committee agreed to the bill-nays 27; ruse and reported it to the House, who ordered it to be engrossed for a third reading to-morrow.

RULES OF THE HOUSE.

Whole on the standing rules of the House.
The House again went into Committee of the

After making a slight amendment in one of the rules, the Committee rose and reported their agree

ment to the rules, with certain amendments.

The House immediately took up the report. On the amendment offered by Mr. FINDLEY, relative to the appointment of a standing committee respecting the lands of the United States, a debate of some length ensued, in which the amendment was supported by Messrs. GREGG, NICHOLSON, and SMILIE; and opposed by Mr. BEDINGER.

Mr. BEDINGER suggested his fears, lest a standing committee, vested with the entire business connected with the public lands, should gain such an ascendency over the sentiments and decisions of the House, by the confidence reposed in them, as to impair the salutary vigilance with which it became every member to attend to so interesting a subject.

On the other hand it was contended that the business of the House would, on this point, be greatly facilitated by the institution of a standing committee, whose decisions would be uniform, The bill was supported by Messrs. CROWNIN- who would from a long experience become more SHIELD, SMILIE, NEWTON, ALSTON, and Mc-enlightened than a select committee, and who CREERY; and opposed by Messrs. J. C. SMITH and MACON

The opposition was sustained on the alleged invariable practice of the House. to establish general principles, instead of providing for special cases. As a general principle, which would embrace this case, was pending before the Committee of Commerce and Manufactures, it was contended to be the most proper to wait until a de

would be enabled to despatch the business confided to them with greater celerity.

The amendment was agreed to-yeas 87. The remaining amendments proposed by the Committee of the Whole were agreed to.

Mr. EARLY renewed the amendment, offered yesterday by Mr. SMILIE, to preclude all debate on the previous question; which, after a few remarks from Messrs. EARLY, SMILIE, and Varnum, was

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