MONDAY, November 4, 1811.
This being the day appointed by a proclamation of the President of the
United States, of the twenty-fourth day of July last, for the meeting
of Congress, the following members of the House of Representatives
appeared, produced their credentials, and took their seats, to wit:
_From New Hampshire_--Josiah Bartlett, Samuel Dinsmoor, Obed
Hall, John A. Harper, and George Sullivan.
_From Massachusetts_--Ezekiel Bacon, Abijah Bigelow, Elijah
Brigham, William Ely, Isaiah L. Green, Josiah Quincy, William
Reed, Ebenezer Seaver, Samuel Taggart, Peleg Tallman, Charles
Turner, junior, Laban Wheaton, and Leonard White.
_From Rhode Island_--Richard Jackson, junior.
_From Connecticut_--Epaphroditus Champion, John Davenport,
junior, Lyman Law, Jonathan O. Mosely, Timothy Pitkin, junior,
Lewis B. Sturges, and Benjamin Tallmadge.
_From Vermont_--Martin Chittenden, James Fisk, Samuel Shaw, and
William Strong.
_From New York_--Daniel Avery, Harmanus Bleecker, Thomas B.
Cooke, James Emott, Asa Fitch, Thomas R. Gold, Robert Le Roy
Livingston, Arunah Metcalf, Samuel L. Mitchill, Benjamin Pond,
Peter B. Porter, Ebenezer Sage, Thomas Sammons, Silas Stow, Uri
Tracy, and Pierre Van Cortlandt, junior.
_From New Jersey_--Adam Boyd, Lewis Condit, Jacob Hufty, James
Morgan, and Thomas Newbold.
_From Pennsylvania_--William Anderson, David Bard, Robert
Brown, William Crawford, Roger Davis, William Findlay, John
M. Hyneman, Joseph Lefevre, Aaron Lyle, James Milnor, William
Piper, Jonathan Roberts, William Rodman, Adam Seybert, John
Smilie, George Smith, and Robert Whitehill.
_From Delaware_--Henry M. Ridgely.
_From Maryland_--Stevenson Archer, Joseph Kent, Peter Little,
Alexander McKim, Samuel Ringgold, and Robert Wright.
_From Virginia_--Burwell Bassett, James Breckenridge, William
A. Burwell, Matthew Clay, John Dawson, Peterson Goodwyn, Aylett
Hawes, John P. Hungerford, Joseph Lewis, junior, William McCoy,
Hugh Nelson, Thomas Newton, James Pleasants, junior, John
Randolph, John Roane, Daniel Sheffey, John Smith, and Thomas
Wilson.
_From North Carolina_--Willis Alston, William Blackledge,
Thomas Blount, William R. King, Nathaniel Macon, Joseph
Pearson, Israel Pickens, and Richard Stanford.
_From South Carolina_--William Butler, Langdon Cheves, Elias
Earle, William Lowndes, Thomas Moore, and David R. Williams.
_From Georgia_--William W. Bibb, Howell Cobb, Bolling Hall, and
George M. Troup.
_From Kentucky_--Henry Clay, Joseph Desha, Richard M. Johnson,
Samuel McKee, Anthony New, and Stephen Ormsby.
_From Tennessee_--Felix Grundy, and John Rhea.
_From Ohio_--Jeremiah Morrow.
_From Mississippi Territory_--George Poindexter, _Delegate_.
_From Indiana Territory_--Jonathan Jennings, _Delegate_.
And a quorum, consisting of a majority of the whole number of Members,
being present, the House proceeded, by ballot, to the choice of a
Speaker; and, upon examining the ballots, it appeared that HENRY CLAY,
one of the Representatives for the State of Kentucky, was duly elected;
Whereupon,
Mr. CLAY was conducted to the Speaker's chair, and the oath to support
the Constitution of the United States, as prescribed by the act,
entitled "An act to regulate the time and manner of administering
certain oaths," was administered to him by Mr. FINDLAY, one of the
members for the State of Pennsylvania; after which, he made his
acknowledgments to the House, in the following words:
"GENTLEMEN: In coming to the station which you have done me
the honor to assign me--an honor for which you will be pleased
to accept my thanks--I obey rather your commands than my own
inclination. I am sensible of the imperfections which I bring
along with me, and a consciousness of these would deter me from
attempting a discharge of the duties of the Chair, did I not
rely, confidently, upon your generous support.
Should the rare and delicate occasion present itself, when your
Speaker shall be called upon to check or control the wanderings
or intemperance in debate, your justice will, I hope, ascribe
to its interposition the motives only of public good and a
regard to the dignity of the House. And in all instances, be
assured, gentlemen, that I shall, with infinite pleasure,
afford every facility in my power to the despatch of public
business, in the most agreeable manner."
The oath or affirmation to support the Constitution of the United
States was then administered, by the SPEAKER, to all the other members
present.
GEORGE POINDEXTER, and JONATHAN JENNINGS, having also appeared, and
produced their credentials as the delegates from the Mississippi and
Indiana Territories of the United States, the oath was administered to
them by the Speaker.
The House proceeded, by ballot, to the choice of a Clerk, and, upon
examining the ballots, it appeared that PATRICK MAGRUDER was duly
elected, and the oath, together with the oath of office, administered
by the Speaker to the Clerk.
THOMAS DUNN was then re-elected Sergeant-at-Arms, and THOMAS CLAXTON,
Doorkeeper, without opposition. BENJAMIN BURCH was also chosen
Assistant Doorkeeper.
The usual messages were interchanged with the Senate on the subject of
their being formed and ready to proceed to business.
Mr. MITCHILL and Mr. PITKIN were appointed a committee on the part of
the House, jointly with the committee appointed on the part of the
Senate, to wait on the President of the United States, and inform him
that a quorum of the two Houses is assembled, and ready to receive any
communications he may be pleased to make to them.
Mr. MITCHILL, from the joint committee appointed to wait on the
President of the United States, reported that the committee had
performed the service assigned to them, and that the President
answered, that he would make a communication to Congress to-morrow at
twelve o'clock.
TUESDAY, November 5.
Several other members, to wit, ABNER LACOCK, from Pennsylvania; JOHN
BAKER, from Virginia; and RICHARD WYNN from South Carolina, appeared,
produced their credentials, were qualified, and took their seats.
On motion of Mr. NEWTON, the Clerk of the House was directed to procure
newspapers from any number of offices that the members may elect,
provided that the expense do not exceed the amount of three daily
papers.
A Message was received from the PRESIDENT OF THE UNITED STATES, by Mr.
EDWARD COLES; his Secretary, who delivered the same and withdrew. [For
which see Senate proceedings of this date, _ante_ page 401.]
The Message having been read, and the documents accompanying it in
part, an adjournment was called for, and carried.
WEDNESDAY, November 6.
Two other members, to wit: MESHACK FRANKLIN, from North Carolina, and
JOHN C. CALHOUN, from South Carolina, produced their credentials, were
qualified, and took their seats.
THURSDAY, November 7.
Another member, to wit, LEMUEL SAWYER, from North Carolina, appeared,
produced his credentials, was qualified, and took his seat.
FRIDAY, November 8.
Another member, to wit, JOHN SEVIER, from Tennessee, appeared, produced
his credentials, was qualified, and took his seat.
MONDAY, November 11.
Several other members, to wit: WILLIAM WIDGERY, from Massachusetts;
GEORGE C. MAXWELL, from New Jersey; and PHILIP B. KEY, and PHILIP
STUART, from Maryland, appeared, produced their credentials, were
qualified, and took their seats.
TUESDAY, November 12.
_Select Committees._
All the select committees which were thought necessary, being
appointed, it was determined that the first, on Foreign Relations,
should consist of nine members; the committee on the Spanish colonies
and Navy concerns, to consist of seven members; and those on
manufacturing cannon and Indian affairs, to consist of five members.
The resolutions, as amended, are in the following words:
1. _Resolved_, That so much of the President's Message as relates to
the subject of our foreign relations, be referred to a select committee.
2. _Resolved_, That so much of the President's Message as relates to
filling the ranks and prolonging the enlistments of the regular troops,
and to an auxiliary force; to the acceptance of volunteer corps; to
detachments of militia, and to such a preparation of the great body as
will proportion its usefulness to its intrinsic capacity, be referred
to a select committee.
3. _Resolved_, That those parts of the Message of the President which
relates to the Naval force of the United States, and to the defence of
our maritime frontier, be referred to a select committee.
4. _Resolved_, That so much of the President's Message as relates to
the revenue and the provisions necessary for the service of the ensuing
year, be referred lo the Committee of Ways and Means.
5. _Resolved_, That so much of the President's Message as relates to
the evasion and infraction of our commercial laws, be referred to the
Committee of Commerce and Manufactures.
6. _Resolved_, That so much of the President's Message as relates to
foreign trading licenses, and to the protection of manufactures and
navigation, be referred to the Committee of Commerce and Manufactures.
7. _Resolved_, That so much of the President's Message as relates to
the Spanish American colonies, be referred to a select committee.
8. _Resolved_, That so much of the said Message as relates to the
manufacture of cannon and small arms, and the providing munitions of
war, be referred to a select committee.
9. _Resolved_, That so much of the said Message as relates to Indian
affairs, be referred to a select committee.
Mr. Porter, Mr. Calhoun, Mr. Grundy, Mr. Smilie, Mr. Randolph, Mr.
Harper, Mr. Key, Mr. Desha, and Mr. Seaver, were appointed the
committee on the first resolution.
Mr. Williams, Mr. Wright, Mr. Macon, Mr. Nelson, Mr. Stow, Mr.
Maxwell, and Mr. Tallmadge, were appointed the committee on the second
resolution.
Mr. Cheves, Mr. Newton, Mr. Milnor, Mr. Quincy, Mr. Cooke, Mr. McKim,
and Mr. Fisk, were appointed the committee on the third resolution.
Mr. Mitchill, Mr. Bibb, Mr. Blackledge, Mr. Taggart, Mr. Champion,
Mr. Butler, and Mr. Shaw, were appointed the committee on the seventh
resolution.
Mr. Seybert, Mr. Little, Mr. Goodwyn, Mr. Tracy, and Mr. Sturges, were
appointed the committee on the eighth resolution.
Mr. McKee, Mr. Sevier, Mr. Morrow, Mr. Sheffey, and Mr. Brown, were
appointed the committee on the ninth resolution.
And then, on motion the House adjourned until to-morrow.
WEDNESDAY, November 13.
Another member, to wit, THOMAS GHOLSON, from Virginia, appeared,
produced his credentials, was qualified, and took his seat.
_Matthew Lyon's Claim for refunding his Fine under the Sedition Act._
The SPEAKER presented a memorial of Matthew Lyon, of Kentucky, stating
that, whilst a member of the House of Representatives of the United
States, from the State of Vermont, he was illegally tried and found
guilty, under a charge of sedition, and fined the sum of one thousand
dollars, and imprisoned twelve months, and praying that the said fine
may be repaid, with interest, together with his pay as a member of
Congress, which was withheld during his confinement.
The petition being read,
Mr. NEW moved that it be referred, with the accompanying documents, to
the Committee of Claims.
Mr. BASSETT was opposed to this reference. If the petitioner had any
claim upon the United States, it must be on the ground that the law
under which he was convicted was unconstitutional. A claim of this
kind could not be recognized by that committee. He thought, therefore,
it would be more proper to refer this petition to a select committee.
This was desirable, also, from the consideration that the Committee of
Claims is generally overburdened with business.
Mr. NEW said, it having been represented to him that it would be most
proper to refer the petition to a select committee, he would so change
his motion.
Mr. RANDOLPH had no doubt it would be recollected, that at the first
session of Congress under the administration of the present President,
the session which met in May, 1809, a committee was raised "to inquire
whether any and what prosecutions had been instituted before the
courts of the United States for libels at common law, and to report
such provisions as in their opinion may be necessary for securing the
freedom of speech and of the press." Congress adjourned after a short
session in June. The chairman of that committee was directed to address
letters to the clerks of the several courts in which such prosecutions
had been commenced. To some of these letters answers were received
after the adjournment. These answers received in the recess (all except
one, which the chairman had found amongst his private papers since the
meeting of the present session) were transmitted to the clerk of this
House, in whose possession it is presumed they now are. The chairman of
that committee, at the two succeeding sessions, was, by the visitation
of God, and from circumstances without his control, for the first
time since he had the honor of a seat on this floor, prevented from
attending to his duty till the sessions had considerably advanced,
otherwise he would have felt it obligatory on him to have called the
attention of Congress to this subject. It was his intention, at the
present session, without knowing any thing of this petition, to have
called the attention of the House to it, amongst others, at an early
day. He thought it behooved this House, as the guardian of the public
purse and public weal, to take care that the stream of public justice
be preserved pure and free from pollution; and whether persons have
suffered by prosecutions under the sedition law, or under the common
law of England--not the common law of the United States, as modified
by the laws of the United States in their corporate capacity--he was
for affording them relief. He wished to see if any of our citizens
had received injury from prosecutions of this kind; and, if they had
to redress the wrong by such a prospective measure as may prevent a
recurrence of similar mischief.
It seems idle, said Mr. R., for any man to undertake, by statute, to
do that which the great charter of our confederation has endeavored
to do in vain. It is, it appears, impossible to prevent men, heated
by party, and seeking only the gratification of their own passions,
from trampling in the dust the charter which we have sworn to support;
for though our constitution has said, in the broadest terms which our
language knows, that the freedom of speech and of the press shall
not be abridged, men have been found so lost to all sense of their
country's good, as to pass the act, commonly called the sedition act,
and to send out our judges to dispense, not law, but politics from
the bench. It would seem idle to attempt to prevent, by statutory
provisions, similar abuses. But though, formed as we are, we cannot
attain perfection, we ought, in imitation of a divine example, to
aspire to it, and endeavor to preserve in purity the great Magna Charta
of our country.
This subject, Mr. R. said, might appear frivolous to others. He knew
that men, intent on worldly things, with their snouts grovelling in the
mud, who hold every thing but sordid pelf, and still more disgraceful
office, as dross and dust, would not think it worth while to attend to
things of this kind. Nor did he wish to set himself up for a political
Pharisee, and thank God that he was not as other men are.
Mr. R. moved to amend the reference, by adding to it the following:
"With instructions to inquire whether any, and what,
prosecutions have been instituted before the courts of the
United States for libels, under the sedition law or the common
law, and by what authority; and to make such provisions as they
may deem necessary for securing the freedom of speech and of
the press."
Mr. R. hoped this amendment would be agreed to; for, said he, it
is evident that when we came into power, when we succeeded to our
predecessors, proper measures were not taken for purifying the violent
temper of the day--for preventing the recurrence of prosecutions
of this kind. He recollected having heard, at the close of the
administration of the second President of the United States, one of
the most beautiful pieces of declamation, from a gentleman from South
Carolina, which he had ever heard, in which he conjured the House to
re-enact the sedition act, because, said he, we are about to surrender
the Government into the hands of men in whom we have no confidence,
and I wish to retain this law as our shelter, because, by this, if we
are prosecuted for a libel, we can give the truth in evidence. Mr.
R. said he listened to the gentleman, but he thought he was talking
for talking's sake. He did not believe that himself believed a word
of what he said. Mr. R. did not suppose that a prosecution at common
law, for a libel, could take place under a republican administration.
He thought the gentleman was making the best apology he could for the
sedition law, and that he was glad to find himself in a minority on
his motion for continuing it. But, said he, experience teacheth. I
find it possible even for the Pharisees themselves sometimes to slide,
sometimes to fall. He thought it due to our country, and to ourselves,
that whatever abuses exist, without stopping to inquire whether the
sufferer be a Catholic or a Protestant, a Federalist, a Democrat,
or a monarchy man, to redress the wrong. What would be said in a
court of justice in a case of murder? It would not be thought worth
while to inquire what was the offender's politics, or whether honest
or the contrary. He considered honest men as of right politics. It
unfortunately happens, said he, that some men make up in zeal what they
know themselves to be deficient in honor and honesty.
The amendment was agreed to and the petition referred to a committee of
seven, consisting of Mr. NEW, Mr. RANDOLPH, Mr. WRIGHT, Mr. TROUP, Mr.
WHITEHILL, Mr. MOSELY, and Mr. COOKE.
THURSDAY, November 14.
Another member, to wit, JOHN CLOPTON, from Virginia, appeared,
produced his credentials, was qualified, and took his seat.
FRIDAY, November 15.
_Indian Affairs._
Mr. RHEA proposed the following resolution for adoption:
"_Resolved_, That the Committee on Indian Affairs be instructed
to inquire into the expediency of extending the laws of the
United States over those parts of the States and Territories
of the United States, to which the Indian title is not
extinguished, in such manner as that all white persons residing
within any of the said parts of the United States may and shall
be liable to the operation of those laws."
Mr. R. added, that if the petitions which had this morning been
presented by the gentleman from North Carolina had been read, the
necessity of taking some measure similar to the one which he proposed,
would have been evident to every member of the House, as the Indian
countries are become an asylum for persons guilty of every enormity.
Mr. PICKENS stated, that if any doubt existed as to the propriety of
passing this resolution, he would call for the reading of the petitions
which he had presented.
Mr. WRIGHT had some doubts whether the laws of the United States did
not at present extend to cases of this kind, and wished the resolution
to lie on the table until the subject could be looked into.
Mr. BIBB said, a case had lately occurred in the State of Georgia,
which showed the necessity of some farther provision on this subject.
A murder of a most atrocious kind had been committed within the Indian
country; the parties were taken near the spot, and brought before the
federal authority in Georgia; and upon a question of jurisdiction,
the judges decided that the court had no authority in the case. In
a similar instance, the offenders were brought before the State
authorities, which determined in the same way, and the offenders, of
course, were in both cases discharged.
Mr. GRUNDY was of opinion that the United States courts had, at
present, complete jurisdiction of all criminal cases which might arise
within the Indian boundary, the case cited by the gentleman from
Georgia notwithstanding; but he supposed the object of this resolution
was to supply the defects of the law at present in civil cases.
Mr. POINDEXTER had no doubt but the courts of the United States
had jurisdiction of criminal offences, committed within the Indian
boundary. Congress, at their first session, made provision for the
punishment of offenders charged with murder, piracy, &c., committed on
the high seas or without the territory of the United States. But the
difficulty suggested by the gentleman from Tennessee existed. Persons
who have committed petty offences and debtors go over to the Indian
territory, where the law cannot reach them. He doubted whether the
resolution was calculated to reach this object, and therefore wished it
to lie on the table that it might be amended.
Mr. RHEA hoped he might be permitted to judge for himself whether the
resolution which he had offered was calculated to accomplish the object
which he had in view. His colleague had intimated that the laws, at
present, extend to criminal offences, though the gentleman from Georgia
had stated a case in which the judges had determined otherwise. This
shows, at least, that the law wants revision, not only with respect to
criminal, but civil matters. He had drawn the resolution in the most
general terms.
Mr. BIBB could not conceive how the judges of the Federal Court, in the
case he had cited, could have decided as they did with the law which
had been referred to before them. Perhaps it might have arisen from a
clause of the constitution, which directs that jurors shall be drawn
from the district where the offence is committed.
The resolution was laid on the table.
_Domestic Manufactures._
Mr. RHEA called up for consideration the resolution which he laid upon
the table yesterday, proposing an additional duty on coarse hemp and
flax.
The resolution was considered, and, on motion, the words "and cotton,"
were added to it, by consent of the mover.
Mr. GRUNDY observed, that several detached resolutions for the
encouragement of domestic manufactures had been offered to the House.
He wished the adoption of a proposition which should include all the
manufactures of the country. He hoped the present motion might lie on
the table for a few days, until such a proposition could be prepared.
It is, said he, an object of great magnitude, when we consider the vast
sums of money which have lately been vested in establishments of this
kind; and the present is a favorable moment for adopting some measures
to give our manufactures countenance and support.
Mr. RHEA could not agree to the proposed postponement. He should never
obtain his object, if he were to agree to one postponement after
another. His colleague could, at any time, submit his proposition,
without hindering the progress of the one he had introduced.
After some conversation as to the propriety of discussing this
proposition in the House,
The SPEAKER decided, that though there is a rule of the House which
says that all propositions for laying a tax shall be discussed in
Committee of the Whole; this resolution, in his opinion, did not come
within that rule, as it was merely an instruction to a committee to
inquire into the expediency of laying an additional tax.
The motion, for laying the proposition on the table, was carried, 51 to
47.
_American Seamen._
Mr. MILNOR rose, and observed there was no topic more important than
the protection of American seamen, and yet he believed it would be
acknowledged by all who have given consideration to the subject, that
our laws on this subject are materially defective. The object of these
laws ought to be twofold; in the first place, for the protection of
_bona fide_ American citizens, and secondly, for the prevention of the
abuse of those protections by citizens of other countries not entitled
to them. It will be recollected, that the act for relief of American
seamen makes it the duty of the collectors to furnish certificates of
citizenship in the manner therein directed; but, owing to an error of
Congress, no manner is prescribed; and, of course, the collectors have
been left to accept of such proof as they deemed sufficient, or to act
under the directions of the Secretary of the Treasury, which, in most
instances, is an unsafe way of proceeding. The penal laws of the United
States provide no punishment for the crime of perjury in these cases.
A recent instance, Mr. M. said, had occurred in the district which
he represented. An Italian, not twenty days in the country, appeared
before a notary public, claiming the rights of an American seaman. He
made the necessary oaths, and produced a sponsor who swore that he
was born in Baltimore. The tongue of the man detected the falsehood.
The collector, with that attention to his duty for which he is so
remarkable, had both seaman and sponsor apprehended. The attorney for
the district looked into the case, and found the crime of perjury to
be, the falsely taking an oath according to the laws of the United
States; but, as the law was defective, as above stated, the offence
was not perjury. The Attorney-General confirmed this opinion. The
offenders, therefore, escaped punishment. He believed other amendments
might be usefully made to the law on this subject. He concluded by
offering the following resolution for adoption, which was agreed to:
"_Resolved_, That a committee be appointed to inquire and
report whether any, and what amendments are necessary to
the laws of the United States relating to the protection of
American seamen; and that the committee have leave to report by
bill or otherwise."
Mr. MILNOR, Mr. LITTLE, Mr. REED, Mr. BASSETT, and Mr. PITKIN, were
appointed the committee.