On motion of Mr. TROUP, they were ordered to lie on the table, as he
stated, to give every member the same time to consider them as he had
himself taken.
TUESDAY, December 5.
Two other members, to wit, from Maryland, JOHN CAMPBELL; and from
Georgia, DENNIS SMELT, appeared, and took their seats in the House.
TUESDAY, December 7.
Another member, to wit, from New York, URI TRACY, appeared, and took
his seat in the House.
_Challenges, Duels, &c._
Mr. BACON said he held in his hands three propositions which deemed it
his duty to submit to the House. They were not for the regulation of
the great concerns with foreign nations, but for the necessary object
of regulating themselves. It would be seen that these resolutions
had not grown out of any personal considerations, nor out of any
particular case, but out of the serious evils to which the House had
been exposed by the want of such regulations from the commencement of
the Government. In 1796, the evil had risen to such a height that the
House had unequivocally expressed its opinion on it.[10] Mr. B. said
he felt it his duty to express his sense on the subject by laying the
resolutions on the table, and more particularly as he understood that
the subject was now agitated in the committee appointed to draught
rules and orders for the government of the House. He would merely
remark that the resolutions might not be correct in form, or they might
be altogether erroneous in principle. He was not anxious as to the
particular form; but he was decidedly in favor of the general object,
and wished to take the sense of the House upon it. For himself he was
well prepared to act on them; but for the convenience of others he
wished them to lie on the table.
_Resolved_, That the committee appointed to report on the rules
and orders for the government of the House, do report a rule
declaring, "That if any member, in the course of debate, shall
make use of opprobrious or vilifying language with respect to
any member, or call into question the integrity of his motives,
or those of either branch of the Government in relation to
the discharge of his official duties, except on a motion for
impeachment, or for other interposition of the constitutional
powers of this House--or apply to either indecorous or
reproachful expressions--it shall be deemed a breach of the
orders of the House."
That said committee be instructed further to report a rule
declaring, "That if any member, during the session of Congress,
whether of the House or not, shall give or send to any other
member during his actual attendance at the seat of Government,
a challenge to fight a duel, or if the member so challenged
shall accept the same, it shall be deemed a breach of the
privileges of the House, as well on the part of such members
as on that of any other person whether a member or not, who
shall be aiding, abetting, or assisting in giving or sending
such challenge, or in carrying the same into effect, and every
such member shall be held liable to be expelled from the House
therefor."
That said committee be further instructed to report a rule
declaring, "That if any person, during the session of
Congress, whether a member of the House or not, shall commit
personal violence or assault upon any member during his actual
attendance at the seat of Government, it shall be deemed a
breach of the privileges of the House, as well on the part
of the person so assaulting, as on that of any other person
who shall be aiding, abetting, or assisting therein, and such
person, if a member, shall be held liable to be punished
therefor, at the discretion of the House."
Ordered to lie on the table.
FRIDAY, December 8.
Two other members, to wit: from Maryland, PHILIP B. KEY, and from
Virginia, DANIEL SHEFFEY, appeared, and took their seats in the House.
MONDAY, December 11.
Several other members, to wit: from Massachusetts, WILLIAM STEDMAN and
EDWARD St. LOE LIVERMORE; from New York, BARENT GARDENIER; and from
Pennsylvania, JOHN ROSS, appeared, and took their seats in the House.
The SPEAKER laid before the House a letter from WILSON C. NICHOLAS,
resigning his seat as one of the members of the House, for the State of
Virginia. The letter was read, and ordered to lie on the table.
_Batture at New Orleans._
A motion was made by Mr. SHEFFEY, that the House do come to the
following resolutions:
_Resolved_, That provision ought to be made by law to authorize
the President of the United States to cause the several persons
who were removed from the batture, in front of the suburb St.
Mary, in the city of New Orleans, on the 25th January, 1808, to
be restored to the possession thereof; to be held with the same
right with which they respectively held the same, prior to such
removal; any thing to the contrary notwithstanding.
_Resolved_, That it is expedient to authorize the President of
the United States, if he shall be of opinion that the United
States have such a claim to the batture, in front of the suburb
of St. Mary, in the city of New Orleans, as will justify the
expense of prosecuting the same, with the assent of the
persons removed therefrom, on the 25th January, 1808, to name
three persons, who shall have full power to hear, and finally
determine, all right, title, claim, and demand, whatsoever,
as well of the United States as the persons so removed, both
in law and equity; and their decision, or a majority of them,
shall be binding, as well on the United States as the said
parties.
_Resolved_, That it is expedient to authorize the President
of the United States, if he shall deem it most proper, to
compromise the conflicting claims of the United States and the
persons removed from the batture of the suburb of St. Mary,
in the city of New Orleans, or cause the same to be tried in
a court of the United States, in such a manner, and at such
place, as will secure an impartial trial.
The said resolutions were read, and ordered to lie on the table.
_British Minister--Mr. Jackson's Circular._
Mr. QUINCY observed that he perceived that in the letter from Mr.
Smith to Mr. Pinkney accompanying the Message from the President of
the United States of the 29th November, 1809, an allusion was made to
an important paper headed "Circular," which had not been communicated
to Congress. He perceived, also, that by the resolution just received
from the Senate, a specific declaration was required as to the contents
of that very paper. It appeared to him extremely proper that the
House should have that paper on its files, and within the reach of
its members, before a declaration was made respecting it. Under this
impression he offered the following resolution:
_Resolved_, That the President of the United States be
requested to lay before the House a copy of a paper purporting
to be a circular letter from Mr. Jackson to the British
Consuls in the United States, referred to in the letter of the
Secretary of State to Mr. Pinkney, accompanying the Message of
the 29th November.
Mr. DANA observed that there was another document which it might be of
some importance to have on the file of the House, and which it might
be also necessary to consult--that was, the despatch from Mr. Canning,
which it appeared was sent by Mr. Pinkney to the Secretary of State. He
moved to add that paper to the resolution.
Mr. QUINCY accepted the amendment as a part of his resolution.
Mr. EPPES asked for a division of the question. He said he was willing
to call for any paper which was, or might be presumed to be in
possession of the Department of State; but it could not be presumed
that the circular of Mr. Jackson was in that office in any other
form than that referred to in Mr. Smith's letter, viz: in a printed
form. Certain it was that it could not be in the Department of State,
because it was dated subsequently to the intimation that no further
communication would be received from that source by the Secretary of
State. The only reason, he presumed, why the other paper alluded to
had not been communicated to Congress, was, that it was a printed
paper, purporting to be a despatch from Mr. Canning. He had no further
objection to the call for either of these papers, other than it was
neither decorous nor proper to call upon the President for that which
could not be officially in his possession.
Mr. GARDENIER observed that, in addition to other forcible
considerations, it would be treating the Executive rudely, when he
had called their attention to a particular paper, to go to any other
source to procure it; besides that, in the latter case, a spurious
copy might be imposed upon the House. If the President referred to a
certain document as justifying his conduct, by procuring that document
the House would have the whole ground before it. What would be the
situation of the House, if, pursuing the ideas of some gentlemen, every
member was to bring forward a document which he believed to be the
legitimate one, and all these copies should differ? Who was to decide
which was the correct one? If the House were to act at all on this
subject, it was not only respectful and just to the President, but
extremely civil, to inquire of him on what ground he has acted. As a
true American, and staunch republican, Mr. G. was desirous to give the
President every opportunity of doing himself justice.
Mr. QUINCY said that a copy of this circular having been forwarded
to our Minister in England, a copy must remain on the files of the
Secretary of State's office; and, therefore, he asked for it merely
that the House might have on this occasion precisely that information
which the Secretary of State had communicated to Mr. Pinkney.
The question was taken on the first part of the resolution, viz: on
that part moved by Mr. QUINCY, and finally carried--yeas 53, nays 52.
The question was then taken on Mr. DANA'S amendment, viz: on that part
calling for a copy of the paper purporting to be a despatch from Mr.
Canning to Mr. Erskine, and carried without opposition.
Mr. WHITMAN offered an amendment understood to be intended to embrace
in the papers to be called for, the note from Mr. Erskine to Mr. Smith
containing the "three conditions" which are admitted in Mr. Smith's
letter of October 19, to have been submitted to him by Mr. Erskine.
On the suggestion of Mr. QUINCY, this motion was declared to be out
of order, as it was now too late to receive an amendment to the
resolution, both clauses of it having been affirmed by the House.
The question was then put on the whole resolution, as amended, and the
yeas and nays being demanded on its passage.
Mr. RHEA said he should vote against the resolution, as by passing it
the House could add nothing to its stock of information, nor receive
any official document; in both cases it could receive only a printed
paper.
The question was then decided by yeas and nays, in the
affirmative--yeas 69, nays 46.
Mr. QUINCY and Mr. DANA were appointed a committee to present the
foregoing resolution to the President of the United States.
TUESDAY, December 12.
Another member, to wit, from Massachusetts, EBENEZER SEAVER, appeared,
and took his seat.
_Committee of Manufactures._
Mr. SAWYER called for the consideration of the motion submitted by him
for appointing a separate Committee of Manufactures.
The House agreed to consider the resolution, ayes 68.
Mr. SEYBERT supported the motion on the ground of the propriety of
paying a more particular attention to the subject of manufactures,
which had lately become of great importance.
Mr. NEWTON opposed the motion as unnecessary, because the Committee of
Commerce and Manufactures was competent to the performance of all the
business assigned it, and had always manifested a disposition to foster
the manufactures of the United States.
The question on the resolution was decided in the negative, 24 members
only rising in the affirmative.
FRIDAY, December 15.
_Mr. Jackson's Circular._
The following Message was received from the PRESIDENT OF THE UNITED
STATES:
_To the House of Representatives of the United States_:
According to the request of the House of Representatives,
expressed in their resolution of the 11th instant, I now lay
before them a printed "copy of a paper purporting to be a
circular letter from Mr. Jackson to the British Consuls in the
United States," as received in a gazette at the Department of
State; and also a printed paper, received in a letter from our
Minister in London, purporting to be a copy of a despatch from
Mr. Canning to Mr. Erskine, of the 23d of January last.