The House having agreed to consider these resolutions--

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.

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