The Message was read; and on motion, by Mr. BAYARD, that the injunction
of secrecy be taken off respecting the Message last read, it was
determined in the negative--yeas 11, nays 21, as follows:
YEAS.--Messrs. Bayard, Dana, German, Gilman, Goodrich, Gregg,
Horsey, Hunter, Lambert, Lloyd, and Reed.
NAYS.--Messrs. Anderson, Bibb, Bradley, Campbell of Tennessee,
Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Howell,
Leib, Pope, Robinson, Smith of Maryland, Smith of New York,
Tait, Taylor, Turner, Varnum, and Worthington.
_Resolved_, That the Message be referred to a select committee, to
consist of five members, to consider and report thereon by bill or
otherwise.
_Ordered_, That Messrs. CAMPBELL of Tennessee, TAYLOR, GERMAN, POPE,
and BAYARD, be the committee.
FRIDAY, April 3.
_Temporary Embargo._
The amendments to the bill, entitled "An act laying an embargo on
all ships and vessels in the ports and harbors of the United States
for a limited time," having been reported by the committee correctly
engrossed, the bill was read the third time.
On motion, by Mr. LEIB, it was agreed to fill the blank with the word
"ninety."
On the question, Shall this bill pass as amended? it was determined in
the affirmative--yeas 20, nays 13, as follows:
YEAS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Cutts, Franklin, Gaillard, Gregg, Howell,
Leib, Pope, Robinson, Smith of New York, Tait, Taylor, Turner,
Varnum, and Worthington.
NAYS.--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman,
Goodrich, Horsey, Hunter, Lambert, Lloyd, Reed, and Smith of
Maryland.
SATURDAY, April 4.
On motion, by Mr. CAMPBELL, of Tennessee, the galleries were cleared,
and the doors of the Senate Chamber closed.
A message from the House of Representatives, by their committee,
Messrs. CALHOUN and WILLIAMS--Mr. CALHOUN, chairman:
_Mr. President_: The House of Representatives concur in the amendment
of the Senate to the bill, entitled "An act laying an embargo on all
ships and vessels in the ports and harbors of the United States, for a
limited time."
FRIDAY, April 10.
_Executive Veto.--Returned Bill._
A message from the House of Representatives informed the Senate that
the bill which passed the two Houses of Congress at the present
session, entitled "An act providing for the trial of all causes pending
in the respective district courts of the United States, in case of the
absence or disability of the judges thereof," and presented to the
President of the United States for his approbation, has been returned
by the President of the United States, with the following objections:
"Because the additional services imposed by the bill on the
justices of the Supreme Court of the United States, are to
be performed by them rather in the quality of other judges
of other courts, namely, judges of the district courts, than
in the quality of justices of the Supreme Court. They are to
hold the said district courts, and to do and perform all acts
relating to the said courts which are by law required of the
district judges. The bill, therefore, virtually appoints, for
the time, the justices of the Supreme Court to other distinct
offices, to which, if compatible with their original offices,
they ought to be appointed by another than the legislative
authority, in pursuance of legislative provisions authorizing
the appointments.
"Because the appeal allowed by law from the decision of the
district courts to the circuit courts, while it corroborates
the construction which regards a judge of the one court, as
clothed with a new office, by being constituted a judge of
the other, submits for correction erroneous judgments, not to
superior or other judges, but to the erring individual himself,
acting as sole judge in the appellate court.
"Because the additional services to be required may, by
distances of place, and by the casualties contemplated by the
bill, become disproportionate to the strength and health of
the justices who are to perform them, the additional services
being, moreover, entitled to no additional compensation, nor
the additional expenses incurred, to reimbursement. In this
view, the bill appears to be contrary to equity, as well as
a precedent for modifications and extensions of judicial
services, encroaching on the constitutional tenure of judicial
offices.
"Because, by referring to the President of the United States
questions of disability in the district judges, and of the
unreasonableness of delaying the suits or causes pending in
the district courts, and leaving it with him in such cases
to require the justices of the Supreme Court to perform
additional services, the bill introduces an unsuitable relation
of members of the judiciary department to a discretionary
authority of the Executive department.
"JAMES MADISON."
And the House of Representatives, where the bill originated, have taken
the question in the constitutional way, and have resolved that this
bill do not pass.
FRIDAY, April 17.
_Temporary Non-Exportation._
On motion, by Mr. DANA, the injunction of secrecy was removed
respecting the proceedings on the "Act to prohibit the exportation of
specie, goods, wares, and merchandise, for a limited time."
[_The proceedings are as follow_:]
THURSDAY, April 9, 1812.
The following confidential message was received from the House of
Representatives, by their committee, Mr. SMILIE and Mr. PLEASANTS--Mr.
SMILIE, chairman:
_Mr. President_: The House of Representatives have passed a bill,
entitled "An act to prohibit the exportation of specie, goods, wares,
and merchandise, for a limited time;" in which bill they ask the
concurrence of the Senate.
The bill was read, and, on motion, by Mr. CAMPBELL of Tennessee, that
the bill be now read the second time by unanimous consent, it was
objected to as against the rule.
_Ordered_, That the bill pass to a second reading.
FRIDAY, April 10.
The bill from the House of Representatives, entitled "An act to
prohibit the exportation of specie, goods, wares, and merchandise, for
a limited time," was read the second time, and referred to a select
committee, to consider and report thereon; and Messrs. CAMPBELL of
Tennessee, BRADLEY, and TAYLOR, were appointed the committee.
Mr. CAMPBELL of Tennessee, from the committee, reported the bill last
mentioned with an amendment. Whereupon, the bill was resumed, and
considered as in Committee of the Whole, together with the amendment
reported thereto by the select committee; and having agreed to the
amendment, the President reported the bill to the House accordingly.
On motion, by Mr. GOODRICH, that the further consideration of the
bill be postponed until to-morrow, and that it be printed under an
injunction of secrecy, for the use of the Senate, it was determined in
the negative.
On the question, Shall the bill pass to the third reading as amended?
it was determined in the affirmative--yeas 16, nays 12, as follows:
YEAS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Gaillard, Gregg, Howell, Leib, Pope, Smith of
New York, Tait, Taylor, Turner, and Varnum.
NAYS.--Messrs. Bradley, Dana, German, Giles, Gilman, Goodrich,
Horsey, Hunter, Lambert, Lloyd, Reed, and Smith of Maryland.
FRIDAY, April 17.
_Mississippi Territory._
Mr. TAYLOR, from the committee to whom was referred on the 17th
of March, the bill, entitled "An act to enable the people of the
Mississippi Territory to form a constitution and State Government, and
for the admission of such State into the Union on an equal footing
with the original States;" and on the 6th instant, the bill to carry
into effect the provisions of the eighth section of the act regulating
the grants of land, and providing for the disposal of the lands of the
United States south of the State of Tennessee, reported that the said
bills be severally postponed to the first Monday in December next.
The report is as follows:
That in considering the subject referred to them, they could
not avoid being struck with the immense size of the Territory
proposed to be erected into a State, a size disproportionate
to the size of any of the largest States which now compose our
confederation.
It embraces, in its present form, and without any extension,
to the Gulf of Mexico, (as is proposed in the bill referred to
us,) nearly six and a half degrees of geographical longitude,
and four entire degrees of latitude, and affords an area of
twice the surface of the State of Pennsylvania.
Your committee are strongly impressed with the propriety and
expediency of dividing the said Territory, so as to form of the
same two States, whenever the population, within the limits
of each section, shall render it just and proper; and they
respectfully submit to the Senate the following divisional
line, between the western and eastern sections of the said
Territory, viz: up the Mobile river, to the point nearest its
source, which falls on the eleventh degree of west longitude
from the city of Washington; thence a course due north until
the line intersects the waters of Bear Creek; thence down the
said creek to its confluence with the Tennessee River; thence
down the said river to the northern boundary line of the said
Territory. By a view of the map of this country it will appear
that the above divisional line will divide the Territory into
nearly two equal parts, and it has, for the most part, a
delineation by nature.
By the 5th section of the 1st article of the treaty of cession
from the State of Georgia the United States are bound to erect
the said Territory into one State. It has, however, been
suggested that the State of Georgia would not, upon a proper
representation, withhold her consent to the proposed division.
To the end, therefore, that an opportunity may be afforded to
the State of Georgia to express this consent, by a legislative
act of the said State, as they shall think proper, your
committee recommend that the said bill shall be postponed to
the first Monday in December next.
MONDAY, April 20.
_Death of the Vice President._
The PRESIDENT addressed the Senate as follows:
"GENTLEMEN: Upon me devolves the painful duty of announcing to
the Senate the death of our venerable fellow-citizen, GEORGE
CLINTON, Vice President of the United States.
"By this afflictive dispensation of Divine Providence the
Senate is deprived of a President rendered dear to each of its
members by the dignity and impartiality with which he has so
long presided over their deliberations; and the nation bereaved
of one of the brightest luminaries of its glorious Revolution."
The Senate being informed of the decease of their distinguished
fellow-citizen, GEORGE CLINTON, Vice President of the United States, do
_Resolve_, That a committee be appointed, jointly with such as may be
appointed on the part of the House of Representatives, to consider and
report measures proper to manifest the public respect for the memory of
the deceased, and expressive of the deep regret of the Congress of the
United States on the loss of a citizen so highly respected and revered.
_Ordered_, That Messrs. SMITH of New York, SMITH of Maryland, GERMAN,
GILMAN, and BRADLEY, be the committee.
_Ordered_, That the Secretary carry this resolution to the House of
Representatives.
A message from the House of Representatives informed the Senate that
the House concur in the resolution of the Senate for the appointment of
a joint committee "to consider and report measures proper to manifest
the public respect for the memory of the Vice President of the United
States," deceased, and have appointed a committee on their part.
TUESDAY, April 21.
On motion of Mr. SMITH of New York,
_Resolved unanimously_, That, from an unfeigned respect to the late
GEORGE CLINTON, Vice President of the United States, and President
of the Senate, the Chair of the President of the Senate be shrouded
with black during the present session; and, as a further testimony of
respect for the memory of the deceased, the members of the Senate will
go into mourning and wear a black crape round the left arm for thirty
days.
FRIDAY, April 24.
_Recess of Congress._
Mr. BRADLEY, from the joint committee of the two Houses appointed
on the subject of a recess, reported the business that demands the
immediate attention of Congress, and the following resolution:
_Resolved, by the Senate and House of Representatives of the
United States of America in Congress assembled_, That, during
the present session of Congress, the President of the Senate
and Speaker of the House of Representatives shall, on the
29th day of April instant, adjourn their respective Houses to
Monday, the 18th day of May next, then to meet at the same
place in which the two Houses are now sitting.
On motion, by Mr. BRADLEY, the resolution was twice read by unanimous
consent; and, on motion by Mr. POPE, amended, by striking out the words
"eighteenth day of May next."
On the question, Shall this resolution be engrossed, and read a third
time as amended, it was determined in the affirmative--yeas 18, nays 13.
SATURDAY, April 25.
_Recess of Congress._
The Senate resumed the consideration of the resolution for a recess of
Congress from the 29th inst. to the ---- day of ---- next.
Mr. POPE moved to fill the blank with the 4th Monday in June. The most
distant day would probably accommodate the greatest number of members;
and this day would be sufficiently early to take measures necessary on
the expiration of the embargo.
Mr. ANDERSON said he had supposed the day fixed upon by the committee,
viz: the 18th of May, would have been the day. He did not himself
feel the necessity of any adjournment; but, if it must take place, it
ought either to be for a short time, or for so long a time as equally
to accommodate all. If it were to be for a short time, it would be
merely for relaxation; if for a longer time, as was now proposed, he
feared it would be considered as indicative of an intention to pause in
the course of measures they had commenced, and produce an impression
abroad, among the people, which was much to be deprecated.
Mr. POPE said he was in favor of such a time being fixed on as should
accommodate the greatest number of the members. As to the effect of an
adjournment on the public mind, he imagined that the difference between
a recess of twenty or thirty days would be very unimportant.
Mr. G. W. CAMPBELL said it seemed to him something like bribing the
members to obtain votes, to talk about lengthening the time so as to
accommodate the greatest number of members. He could not conceive it
consistent with the honor of the country that they should decide the
question of adjournment on the mere ground of personal convenience;
he considered the only question to be, whether a recess would have a
good or bad effect on the public service. He had on a former occasion
stated his objection to this step, that it would produce an ill effect
on the public mind. Many misrepresentations have been already made to
induce the public to believe you are not in earnest. An adjournment
for any length of time would seem like deserting our posts, and will
put the seal on this belief. Under this view, he must vote against the
adjournment; but the longer was the recess, the worse would be the
effect on the public mind. He should, therefore, vote for the shortest
day.
Mr. BRADLEY said he could not see that the proposed recess would be
deserting their posts at all. The nation knew that the Government could
not go to war without soldiers; and sitting here would certainly not
restore peace. Congress had adopted many war measures, the execution
of which they had put into the hands of the Executive; they had also
authorized a loan of eleven millions. And while these measures were
going on, could Congress, by staying here constantly, add to the number
of men, or expedite the loan? If an enemy were to invade us, without
any government at all, they would be promptly resisted. But, if we are
going to war to redress grievances, to revenge injuries received, we
should choose our own time. If we begin war before we have an army,
it is bringing the nation to the last stage of degradation, not to
consider at all the sufferings and losses which would be in such cases
sustained. It would be a great error to attempt to put this country,
by a forced vote of Congress, into war. You cannot lead this country
to war as the butcher leads his flock to the slaughter-house. This
is a government of opinion; the public sentiment will not be driven,
but must be followed. Congress have certainly done as much for the
present as they can. I wish to see the effect of the measures they have
taken. The Executive is clothed with all the necessary powers to make
preparation for war; and if the nation will not abide by us and support
the measures of Congress, it is vain to say we can force the people
into a war. I believe the people will be better satisfied with a recess
than with our sitting here from day to day without doing any thing
material, and there is nothing material at this moment to do. They
are not irrational; they know that Congress have been in session six
months; they must also foresee that when we come to war, the Council of
the Nation must be perpetually in session; they will, therefore, not
be dissatisfied at a short recess. If war be actually to take place at
the expiration of the embargo, this, of all others, is the time for
relaxation.
The question on the insertion of the eighth day of June as the day of
reassembling of the two Houses, was decided as follows:
YEAS.--Messrs. Bradley, Condit, Crawford, Dana, German, Gilman,
Goodrich, Gregg, Horsey, Hunter, Lambert, Lloyd, Pope, Reed,
Robinson, Smith of New York, Turner, and Worthington--18.
NAYS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Cutts, Gaillard, Giles, Howell, Leib, Smith of Maryland, Tait,
Taylor, and Varnum--13.
So the motion was carried.
WEDNESDAY, April 29.
_Maritime Defence._
Mr. POPE asked and obtained leave to bring in a bill more effectually
to protect the commerce and coasts of the United States; and the bill
was read, and passed to the second reading.
TUESDAY, June 9.
_Rhode Island Resolutions._
Mr. HUNTER presented the resolutions of the Legislature of the State of
Rhode Island and Providence Plantations, instructing their Senators and
Representatives in Congress, to use their endeavors to avert the evils
of war, to put our maritime frontier in a state of defence, and for the
repeal of the embargo and restrictive system; and the resolutions were
read.
_New York Memorial._
Mr. SMITH of New York, presented the following petition of sundry
inhabitants, merchants, and others, of the city of New York, praying
that the embargo and non-importation laws be continued as a substitute
for war against Great Britain:
To the honorable the Senate and House of Representatives of the
United States of America in Congress assembled, the memorial
of the subscribers, merchants, and others, inhabitants of the
city of New York, respectfully showeth:
That your memorialists feel, in common with the rest of their
fellow-citizens, an anxious solicitude for the honor and
interest of their country, and an equal determination to assert
and maintain them.
That your memorialists believe that a continuation of the
restrictive measures now in operation will produce all the
benefits while it prevents the calamities of war. That when the
British Ministry become convinced that a trade with the United
States cannot be renewed, but by the repeal of the Orders in
Council, the distress of their merchants and manufacturers,
&c., their inability to support their armies in Spain and
Portugal, will probably compel them to that measure.
Your memorialists beg leave to remark, that such effects
are even now visible; and it may be reasonably hoped that a
continuance of the embargo and non-importation laws a few
months beyond the fourth day of July next, will effect a
complete and bloodless triumph of our rights.
Your memorialists therefore respectfully solicit of your
honorable body the passage of a law continuing the embargo,
and giving to the President of the United States power to
discontinue the whole of the restrictive system on the
rescinding of the British Orders in Council.
The conduct of France in burning our ships, in sequestrating
our property entering her ports, expecting protection in
consequence of the promised repeal of the Berlin and Milan
decrees, and the delay in completing a treaty with the American
Minister, has excited great sensation, and we hope and trust
will call forth from your honorable body such retaliatory
measures as may be best calculated to procure justice.
John Jacob Astor
Samuel Adams
Howland & Grinnell
E. Slosson
Israel Gibbs
Isaac Clason
John Slidell
John K. Townsend
Andrew Ogden & Co.
Thomas Storm
Amos Butler
Ebenezer Burrill
Isaac Heyer
Ralph Bulkley
Samuel Bell
John F. Delaplaine
Peter Stagg
David Taylor
Abraham Smith
Thomas H. Smith, jr.
Andrew Foster
Jacob Barker
William Lovett
William Edgar, jr.
Samuel Stillwell
Jacob P. Giraud
John Hone
John Kane
Amasa Jackson
William J. Robinson
Joseph Strong
Abraham S. Hallet
Joshua Jones
Frederick Giraud, jr.
Robert Roberts
John Crookes
William Adee
John T. Lawrence
Joseph W. Totten
Isaac Schermerhorn
Alexander Ruden
Joseph Otis
Lewis Hartman
Garret Storm
George Bement
S. A. Rich
Hugh McCormick
John Depeyster
Gilbert Haight
James Lovett
Leffert Lefferts
Augustus Wyncoop
John W. Gale
Thomas Rich
Samuel Marshall
Elbert Herring.
After the memorial had been read,
Mr. TAYLOR said, that the respectability of the subscribers to a
petition presented to this body, and the importance of the matter
therein contained, had, on various occasions, been used as inducements
to us to give such petition a respectful _disposition_ in the course
of our proceedings. He recollected a case in point. It was the case
of the petition of an eminent merchant of Massachusetts, presented by
an honorable Senator from that State, and which at the suggestion of
that honorable gentleman was, by the Senate, ordered to be printed.
He was of opinion that the petition just read ought not to be treated
with less attention. That he had seen the petition, and had inquired
into the character of its subscribers--and had been informed that the
fifty-eight signers to it were among the most respectable, wealthy, and
intelligent merchants of the city of New York. There are to be found
in that list the names of two presidents of banks; three presidents of
insurance companies; thirteen directors of banks: besides other names
of pre-eminent standing in the mercantile world. They had all united
in the sentiments contained in the petition, notwithstanding that
there existed among them a difference in political opinions--for he
understood that of the petitioners forty-two were federal and sixteen
republican. Mr. T. added, that he considered some of the sentiments
contained in the petition as of the highest importance. He hailed
it as an auspicious occurrence, that these honorable merchants, in
praying that the evils of war might be averted from them and from the
nation, had nevertheless held fast to the principle of resistance to
the aggressions and unhallowed conduct of Great Britain towards our
nation--and had exercised the candor and firmness to bear testimony
to the efficiency of the restrictive system for obtaining a redress
of our wrongs, and of course to the integrity and honor of those who
had imposed this system for that purpose. He hoped that the example
of these petitioners would tend to counteract those strenuous and
unremitting exertions of passion, prejudice, and party feeling,
which had attempted to stamp upon the majority in Congress the foul
and unjust censure of being enemies to commerce. That, however
unfashionable and obstinate it might appear, he still believed that
the embargo and non-importation laws, if faithfully executed, were
capable of reaching farther than our cannon. We were at this very time
tendering an urgent argument, to be felt by each city, village and
hamlet in England. This touching to the quick the vital interests of
that empire, would demonstrate to the people at least the folly and
absurdity of the Orders in Council. The ordeal of the twenty weeks of
scarcity, which the people of that unhappy country are undergoing, to
relieve which, but for the madness and folly of their rulers, every
yard of American canvas would be spread to the gales: the thousands of
starving manufacturers thrown out of employ for want of our custom,
which custom, but for the injustice of their masters, we were willing
to give, now feel the efficiency of the restrictive system. These
matter-of-fact arguments want no sophistry nor long speeches to give
them weight. But Great Britain is proud, and will never yield to this
sort of pressure. Hunger has no law. Where was her pride during the
last year when she exported to her enemy on the continent more than
eleven millions of pounds sterling for provisions; and meanly truckling
to her enemy, consented to buy the privilege of laying out her guineas
for bread; and actually submitted on the compulsion of Napoleon to
buy the wines, brandies, and silks of France, which she did not want!
This restrictive system, when commenced under the former embargo law,
encountered every opposition among ourselves, which selfish avarice,
which passion and party rage could suggest; and so successful were
its assailants that while it was operating with its fullest effects,
(which the prices current of that day will show,) some of its greatest
champions in the National Legislature abandoned it--yes, sir, in
the tide of victory they threw down their arms. How were the mighty
fallen, and the shield of the mighty vilely cast away! The disavowal
of Erskine's arrangement was the consequence of this retreat. But it
may be said that the sentiments in their petition were extorted by the
apprehension of a greater evil--war. In all our trials, those who had
not predetermined to submit to Great Britain must have anticipated this
alternative. Let those who by their acrimony, sneers, and scoffs, have
thrown away this chief defence of our nation, be held responsible for
the compulsion they have imposed on us to take this dire alternative.
He said that although he was unwilling to abate a single pang which
we might legally inflict upon our enemy, and might at the proper time
oppose any thing like the swap proposed of one system for another, when
we had the power and the right to impose upon our enemy both the one
and the other, he nevertheless thought the petition was deserving of
the attention which he now moved it should receive. He moved that the
petition should be printed.
The motion was agreed to; and the Senate then adjourned.
THURSDAY, June 11.
_General Wilkinson's Accounts._
The Senate resumed the consideration of the resolution reported by the
committee on the memorial of General James Wilkinson, which is as
follows:
_Resolved_, That the proper accounting officer of the
Department of War be directed, in the settlement of General
Wilkinson's account, to place to his credit the sum of four
thousand and thirty-six dollars seventy-seven cents.
And the resolution was agreed to, and recommitted to the original
committee, with instruction to bring in a bill accordingly.
FRIDAY, June 12.
_Massachusetts Memorial._
Mr. LLOYD presented a resolution of the House of Representatives of
Massachusetts, passed June 2d, instant, expressing their opinion "that
an offensive war against Great Britain, under the present circumstances
of this country, would be in the highest degree impolitic, unnecessary,
and ruinous;" also, a memorial of the said House of Representatives,
passed by a majority of one hundred and sixty-six, on the same subject;
and the resolution and memorial were read, and ordered to be printed
for the use of the Senate.
They are as follows: