DURATION OF A PRO TEM. APPOINTMENT.

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.

WEDNESDAY, May 31.

STEPHEN R. BRADLEY, from the State of Vermont, attended.

_Batture at New Orleans._

Mr. GILES presented the memorial of Edward Livingston, of New Orleans,

stating that, for a long time prior to the 25th January, 1804, he was

in peaceable possession of a parcel of land called the Batture, in

front of the suburb of St. Mary's, in the city of New Orleans. That,

on the 25th of January, he was forcibly removed by the Marshal of the

district, under the orders of the President of the United States,

notwithstanding an injunction had been granted by the superior court

against the execution of the warrant; and praying that the possession

may be restored to him, and that such measures may be pursued as the

wisdom of Congress may devise, for providing a legal decision on the

title of the United States, if it shall be supposed they have any, to

the property in question; and the memorial was read, and referred to

Messrs. GILES, ANDERSON, HILLHOUSE, WHITE, and WHITESIDE, to consider

and report thereon.

THURSDAY, June 1.

_Non-Intercourse Act--Extended to all public

armed Vessels._

Mr. GILES offered the following amendment to the first section, to be

inserted after the word "assembled:"

"That the provisions of the two first sections of 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, shall extend to all

public armed ships and vessels of all foreign nations, and the

same shall be, and are hereby, continued and made permanent,

subject, nevertheless, to any modifications and regulations

which may hereafter be made by treaty."

Mr. G. said he felt himself constrained to move this amendment at

this time, because he found it impossible to avoid a consideration of

the subject involved in it, although he had heretofore hoped that it

would not necessarily pass in review during the present session. He

said this necessity arose from the limitation of these sections of the

act at the last session. The connection of these sections with the

commercial non-intercourse system, was contrary to his opinion at that

time; he then wished the subject to be taken up and acted upon in a

separate bill, and made the permanent law of the land. His opinion then

gave way to the respect he felt for the opinion of others. This will

appear from the resolution he then moved, "to extend the interdiction

to the public armed ships and vessels of all foreign nations." In

consequence of connecting that subject with the general commercial

non-intercourse, and limiting its duration with that act, it was now

rendered a very delicate question. His proposition, however, was, to do

now, what it was right to have done at the last session. He said that

the proposition was founded upon the principle, that the United States

had as absolute and unqualified a right to exclusive jurisdiction over

the marine leagues usually attached to independent nations, as to their

territorial jurisdiction, and as a consequence from that principle,

foreign nations had no more right to send armed ships within our

acknowledged marine jurisdiction, than they had to send an army within

our territorial jurisdiction. This proposition is, therefore, merely

municipal, formed upon an unquestionable right, and it is dictated by

the same spirit of impartiality as that which dictated the original

non-intercourse law. Indeed, it appeared to him the only impartial

course now left us, as it respects the belligerents. It ought to

preserve the most perfect impartiality, which, Mr. Canning so justly

tells us, "is the essence of neutrality."

Mr. G. said it could not escape observation, that, in the overtures

made by the British Cabinet for the revocation of the Orders in Council

of the 7th of January and the 11th of November, the obligation to

protect our neutral rights against France, heretofore offered on the

part of our Government, in case of her perseverance in her hostile

edicts, had been entirely overlooked, or unconditionally dispensed

with. He said he derived much satisfaction from this liberal conduct on

the part of the British Government, because it manifested a confidence

in the honor and firmness of our Government, which must be peculiarly

gratifying to every American; but it rather increased than lessened

the obligation to persevere in protecting our neutral rights against

French aggressions, if they should be persevered in, contrary to his

expectation.

The motive or ground of resisting the aggressions of France cannot,

under this overture, be mistaken. In the former case, it might have

seemed as if the resistance was dictated by a stipulated obligation

to Great Britain to make it in this; it can only be dictated by a

just sense of our own honor, character, and interests, which is

left perfectly uncontrolled by the British overture. As this latter

motive is the more honorable, it ought to be the more scrupulously

adhered to and enforced. He had no hesitation in saying he had

uniformly been influenced by this motive alone, entirely disconnected

with any stipulated obligation to Great Britain; and under this

influence, alone, he would be found at all times as ready to resist

the aggressions of France, as he had at any time been those of Great

Britain, if they should, unfortunately, be persevered in; but, at the

same time, he wished to take away every pretext for such perseverance,

by persevering in a conduct of the strictest and most scrupulous

impartiality toward all the belligerents.

At the last session he had supposed, under the general interdiction

of all foreign armed vessels, some regulations and modifications, as

exceptions from the general rule, might be made by law, but further

reflection had satisfied him that the preferable mode was by treaty.

He would state two or three reasons for this preference:

1. It will tend to avoid collisions with all foreign nations.

Regulations made by law might not suit the views of foreign nations,

whereas their consent would be necessary in treaties.

2. It will give us the aid of a stipulated obligation on the part of

the foreign nation making the treaty, to enforce the arrangement. In

the case of Great Britain this consideration is of great importance.

Its importance results from the strength of her navy, compared with the

weakness of ours.

3. By treaty we may obtain what the lawyers call a _quid pro quo_. We

may want, at some future time, the use of some British ports, which she

would readily give for the use of ours. He said he would act liberally

with her in this respect; and, he believed, considering Great Britain

now at war, and the United States at peace, it would rather accelerate

than retard the expected negotiation. He said he was as much opposed to

throwing any impediment in the way of the expected negotiation as any

gentleman in the United States.

Great Britain cannot, and will not complain. The municipal right now

proposed to be carried into effect, is admitted by Great Britain in its

broadest extent, and will not be disputed by Mr. Canning at the present

moment. This will appear from Mr. Canning's declarations in the debates

of the last session of Parliament. He said he did not know whether it

was correct to read newspapers in evidence, to ascertain the opinions

and expressions of the speaker, but if the Senate would be content with

this species of evidence, contained in a Ministerial paper, he would

read it for their information. Mr. G. then read the following extract

of Mr. Canning's speech, taken from a British Ministerial paper:

_Extract from Mr. Canning's speech in Parliament._

"At the time the application for a compromise had been made by

the American Government, there was an order in force excluding

British ships of war from the American ports, while French

ships of war were admitted into them; and, consequently, if

the terms offered by America had been accepted, our commerce

would have been permitted to America without a ship of war to

protect it, while the French commerce would be excluded, at

the same time that French ships of war would be admitted if

they could succeed in getting there. The ports of America would

become nests for French privateers against British commerce.

As to the tendency of the measures in agitation in America, he

could afford the right honorable gentleman some consolation, by

assuring him that they would not have all the ill consequences

he seemed to apprehend. A circumstance appeared by the report

of the committee of Congress, though clothed in hostile

language, which, if made known to His Majesty's Government in

amicable terms, might have led to the acceptance of the terms

proposed. The circumstance he alluded to was the resolution

for excluding from American ports the ships of war not of

Great Britain, but of the belligerents. The Americans, in

their character of neutrals, had unquestionably a right to

exclude the ships of war of both belligerents from their

ports, but could not confine them exclusively to those of one

of the belligerents without a violation of that impartiality

which is the essence of the neutral character. Yet, when that

proposition should be disposed of, the whole of the difficulty

would not be surmounted, as much would still remain to be

accommodated. Another point, in which fault had been charged

upon his conduct with respect to America, was his having stated

that the system would not be given up while the smallest link

of the confederation against Great Britain existed."

It will be observed that two important conclusions may be deduced from

these observations: 1. That the exercise of this municipal right is

unquestionable. 2. That Mr. Canning's objection to its former exercise

by proclamation was to its limitation, not its extension.

His objection is to its exercise against Great Britain exclusively and

not against her enemies. At the time of making his speech, Mr. Canning

thought the interdiction was extended to all the belligerents; in which

case, so far from complaining of its exercise, he says it would furnish

an inducement to an accommodation, and his instructions to Mr. Erskine

were, no doubt, given under this expectation. This was the ground

taken by the report of the committee of the House of Representatives,

in the last session, and the Senate went further, by extending the

interdiction to the public armed ships of all foreign nations; those

of peace as well as those of war. This gave the transaction more

strongly the character of a mere municipal regulation. This principle

was narrowed down, in this bill, to apply merely to Great Britain

and France, and left out altogether the other belligerent powers.

Mr. Canning will probably be much surprised at this limitation; and

conceive hostility more pointed than he had anticipated; some of the

points may, however, be a little blunted by including France, the most

operating and unmanageable of her enemies. He said he did not wish to

go one atom beyond Mr. Canning's opinion upon this occasion. He took

great pleasure in concurring with Mr. Canning upon this point. It

was the first instance in which he had concurred in opinion with the

gentleman; but he hoped it would not be the last, especially when the

opinion favored the rights and promoted the interest of the United

States.

Mr. Canning must have acted under this impression when he agreed to

make the honorable reparation he had done for the unauthorized attack

upon the Chesapeake, without requiring a previous revocation of the

interdiction of British ships. As this revocation was not demanded nor

promised, the arrangement now ought to be made on general principles of

justice. He said, without feeling or expressing any regret at any thing

he had said or proposed at the last session, he was now as willing

as any gentleman to reciprocate the temper lately manifested by the

British Government, so opposite in its character and tendency from that

manifested by the Cabinet for several years preceding. He said that no

gentleman had yet manifested an intention of removing the interdiction

upon British armed ships, until she had actually executed her promise

of reparation; and, if the execution of the promise were to precede

the revocation of the interdiction, the mode of revocation by treaty,

as pointed out by his proposition, would be nearly contemporaneous

with that proposed by gentlemen, if now enacted into a law, and it

would have an evident advantage, as it respected the feelings of Great

Britain. The mode recommended by gentlemen is founded upon a want of

confidence in the promise of Great Britain, and an ungracious demand

for its execution, as preliminary to the revocation, while the mode

pointed out by treaty, is founded upon a confidence in the promise;

and, without requiring its execution, will insure our own safety by

the mere exercise of municipal right; a right which is unquestionable;

vouched to be so by Mr. Canning, and the exercise of which is impartial

toward all nations, by extending its provisions equally to all. He

said that almost all the injuries and insults sustained by the United

States from public armed ships of the belligerents within our waters,

were attributable to an inattention to the exercise of this right, and,

relax the interdiction when you may, without a stipulated obligation

on the part of the belligerents, to respect your neutrality, and your

marine jurisdiction, they will be renewed and continued.

The principle contended for is not new. It has been before the Senate

several times, and was adopted at the last session in its broadest

extent, as will appear from the following resolution, which he then

had the honor of moving. It does not appear from the Journals of the

Senate, that there was any opposition to the following resolution,

which was adopted on the 15th of February last:

"The Senate resumed the consideration of the motion made on

the 8th instant, that provision ought to be made by law for

interdicting all foreign armed ships from the waters of the

United States; and having agreed thereto, ordered that it be

referred to Mr. Giles, Mr. Smith of Maryland, Mr. Crawford," &c.

He said he was extremely happy to find the spirit of harmony and

conciliation which had hitherto characterized the Senate, and he should

endeavor to preserve and continue it; and, while he was strongly

impressed with the propriety and policy of the amendment, yet he

was willing to listen to any other which might be more agreeable

to gentlemen, provided it was founded upon a principle of strict

impartiality toward the belligerents, which he could not be induced to

depart from under any circumstances.

When Mr. G. had concluded, the further consideration of the subject was

postponed until to-morrow.

FRIDAY, June 2.

PHILIP REED, from the State of Maryland, attended.

STANLEY GRISWOLD, appointed a Senator by the Executive of the State

of Ohio, to fill the vacancy occasioned by the resignation of Edward

Tiffin, was qualified, and took his seat.

JOHN SMITH, from the State of New York, attended.

MONDAY, June 5.

_Death of Senator Malbone._

Mr. MATHEWSON announced the death of his colleague, FRANCIS MALBONE,

who deceased yesterday morning.

On motion of Mr. LLOYD,

_Resolved_, That the Senate will attend the funeral of

FRANCIS MALBONE, this afternoon, at five o'clock, from his

late residence; that notice thereof be given to the House

of Representatives, and that a committee be appointed for

superintending the funeral.

_Ordered_, That Messrs. LLOYD, GILMAN, and WHITE, be the committee.

On motion, by Mr. LLOYD,

_Resolved, unanimously_, That the members of the Senate, from

a sincere desire of showing their respect to the memory of

FRANCIS MALBONE, deceased, late a member thereof, will go

into mourning for him one month, by the usual mode of wearing

a crape round the left arm; and that a sum not exceeding one

hundred and fifty dollars be applied out of the contingent

fund for placing a neat slab or monument, with a suitable

inscription, over his tomb.

On motion of Mr. LLOYD,

_Resolved_, That, as an additional mark of respect to the

memory of FRANCIS MALBONE, the Senate now adjourn.

And the Senate adjourned.

TUESDAY, June 6.

_Senator Smith's pro tem. Appointment._

Mr. GILES submitted a resolution, which was amended, and is as follows:

_Resolved_, That the Honorable SAMUEL SMITH, a Senator

appointed by the Executive of the State of Maryland to fill

the vacancy which happened in the office of Senator for that

State, is entitled to hold his seat in the Senate of the United

States during the session of the Legislature of Maryland,

which, by the proclamation of the Governor of said State, was

to commence on the 5th day of the present month of June; unless

said Legislature shall fill such vacancy by the appointment of

a Senator, and this Senate be officially informed thereof.

On motion, by Mr. ANDERSON, to amend the motion, by striking out all

after the word "Resolved," and inserting:

"That any Senator of this body, who holds a seat under an

Executive appointment, cannot, according to the provisions of

the Constitution of the United States, be entitled to continue

to hold his seat as a member of this body, after the meeting of

the Legislature of the State from which such Senator may be a

member."

And a division of the motion for amendment was called for, and the

question having been taken, on striking out, it passed in the negative;

and the motion for amendment having been lost, the original motion was

agreed to--yeas 19, nays 6, as follows:

YEAS.--Messrs. Anderson, Brent, Franklin, Gaillard, German,

Giles, Gilman, Goodrich, Griswold, Hillhouse, Lambert,

Mathewson, Meigs, Pope, Robinson, Smith of New York, Thruston,

White, and Whiteside.

NAYS.--Messrs. Bradley, Leib, Lloyd, Parker, Pickering, and

Turner.

WEDNESDAY, June 7.

JAMES A. BAYARD, from the State of Delaware, attended.

THURSDAY, June 8.

WILLIAM H. CRAWFORD, from the State of Georgia, attended.

MONDAY, June 12.

_Exiled Cubans, with their Slaves._

On motion, by Mr. GILES,

_Resolved_, That a committee be appointed to inquire whether it

be expedient and proper, at this time, to make any provision

by law for remitting the penalties and forfeitures incurred by

the violations of some of the provisions of the act, entitled

"An act to prohibit the importation of slaves into any port or

place within the jurisdiction of the United States, from and

after the first day of January, in the year of our Lord one

thousand eight hundred and eight," so far only as relates to

the introduction of slaves into certain ports of the United

States, who were lately forcibly expelled from the island

of Cuba with the French inhabitants thereof; and that the

committee have leave to report by bill or otherwise.

_Ordered_, That Messrs. GILES, BRADLEY, ANDERSON, CRAWFORD, and

FRANKLIN, be the committee.

MONDAY, June 19.

_Exiled Cubans._

On motion, by Mr. GILES,

_Resolved_, That the President of the United States be

requested to cause to be laid before the Senate such

information as he may deem proper to communicate respecting the

unfortunate exiles lately expelled from the Island of Cuba,

and who may have arrived, or are expected to arrive within the

jurisdiction of the United States; and, also, respecting any

propositions which may have been made to him by the Minister

Plenipotentiary of France, for the purpose of facilitating

the removal of any of the said exiles, with their slaves, and

other effects, from the United States, to any place within the

dominions of France.

FRIDAY, June 23.

_Foreign Armed Vessels._

Mr. LEIB, from the committee, appointed on the 20th instant, to inquire

into the expediency of providing by law for the exclusion of foreign

armed vessels from the ports and harbors of the United States, made

report; which was read, as follows:

"That, in the opinion of this committee, such an interdiction

is within the just and neutral rights of the United States,

and, under other circumstances, would be highly expedient and

proper. So long as a neutral nation shall confine itself to

strict measures of impartiality, allowing no benefit to one

belligerent, not stipulated by treaty, which it shall refuse

to another, no cause whatever is afforded for exception or

complaint. The right to admit an armed force into a neutral

territory belongs exclusively to the neutral; and when not

guarantied by treaty, as is oftentimes the case, such admission

compromises the neutrality of the nation, which permits to one

belligerent alone such an indulgence.

"As a measure of safety as well as peace, it is incumbent

upon the United States to carry into effect such a provision.

So long as we are without a competent force to protect our

jurisdiction from violation, and our citizens from outrage, and

our flag from insult, so long ought no asylum to be given, but

in distress, to the armed vessels of any nation. The committee

will not bring into view the many injuries and insults which

the United States have sustained from the hospitable grant

of their ports and harbors to belligerents; nor the facility

which has thereby been afforded to them to lay our commerce

under contribution. It is sufficient to remark, that great

injuries have been sustained, and that imperious duty requires

arrangements at our hands to guard our country in future from

similar aggressions.

"The United States are, at this moment, under no obligation to

withhold restraints, within their power, upon the admission

of foreign armed vessels into their ports; but the committee

are too strongly impressed with the propriety of avoiding

any legislative interference at this time, which, by any

possibility, might be construed into a desire to throw

difficulties in the way of promised and pending negotiations.

They are desirous that a fair experiment may be made to adjust

our differences with the two belligerent nations, and that

no provisions be interwoven in our laws which shall furnish

a pretext for delay, or a refusal to yield to our just and

honorable demands.

"Calculating that the overtures which have been made by Great

Britain will be executed in good faith, the committee are

willing to believe that the stipulated arrangements will be

of such a character as to guard our flag from insult, our

jurisdiction from aggression, our citizens from violation,

and our mercantile property from spoliation. Under these

impressions, which the committee have stated as briefly as

possible, they beg leave to submit to the consideration of the

Senate the following resolution, viz:

"_Resolved_, That the further consideration of the subject be

postponed until the next session of Congress."

SATURDAY, June 24.

The bill freeing from postage all letters and packets from Thomas

Jefferson, was read the second time, and considered as in Committee

of the Whole; and no amendment having been proposed, on the question,

Shall this bill be engrossed and read a third time? it was determined

in the affirmative.

MONDAY, June 26.

The VICE PRESIDENT being absent, the Senate proceeded to the election

of a President _pro tempore_, as the constitution provides; and the

honorable ANDREW GREGG was elected.

_Ordered_, That the Secretary wait on the President of the United

States, and acquaint him that the Senate have, in the absence of the

Vice President, elected the honorable ANDREW GREGG President of the

Senate _pro tempore_.

TUESDAY, June 27.

_Public Credit._

The bill, entitled "An act supplementary to the act, entitled 'An act

making further provision for the support of public credit, and for the

redemption of the public debt,'" was read the third time as amended.

On motion, by Mr. HILLHOUSE, to postpone the further consideration

thereof until the first Monday in November next, it was determined in

the negative--yeas 9, nays 15.

WEDNESDAY, June 28.

On the question, Shall this bill pass as amended? it was determined in

the affirmative--yeas 17, nays 9, as follows:

YEAS.--Messrs. Anderson, Brent, Condit, Franklin, Gaillard,

Giles, Gregg, Lambert, Leib, Mathewson, Meigs, Parker, Pope,

Robinson, Smith of New York, Turner, and Whiteside.

NAYS.--Messrs Bayard, Crawford, German, Gilman, Hillhouse,

Lloyd, Pickering, Reed, and White.

_Six o'clock in the Evening._

_Adjournment._

_Resolved_, That Messrs. POPE and BRENT be a committee on the part of

the Senate, with such as the House of Representatives may join, to wait

on the President of the United States, and notify him that, unless

he may have any further communications to make to the two Houses of

Congress, they are ready to adjourn.

_Ordered_, That the Secretary acquaint the House of Representatives

therewith, and request the appointment of a committee on their part.

A message from the House of Representatives informed the Senate that

the House have appointed a committee on their part, to wait on the

President of the United States, and notify him of the intended recess

of Congress.

Mr. POPE, 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.

A message from the House of Representatives informed the Senate that

the House, having finished the business before them, are about to

adjourn.

_Ordered_, That the Secretary inform the House of Representatives that

the Senate, having finished the business before them, are about to

adjourn.

The Secretary having performed that duty, the PRESIDENT adjourned the

Senate, to meet on the fourth Monday of November.

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