MONDAY, November 2, 1812.
This being the day appointed by law for the meeting of Congress, the
following members of the House of Representatives appeared, and took
their seats, to wit:
_From New Hampshire_--Samuel Dinsmoor, Obed Hall, and John A.
Harper.
_From Massachusetts_--Abijah Bigelow, Elijah Brigham, Richard
Cutts, Wm. Ely, Isaiah L. Green, Ebenezer Seaver, William M.
Richardson, Charles Turner, jr., Laban Wheaton, Leonard White,
Wm. Widgery.
_From Rhode Island_--Richard Jackson, jr.
_From Connecticut_--Epaphroditus Champion, John Davenport, jr.,
Lyman Law, and Jonathan O. Mosely.
_From Vermont_--Martin Chittenden, Wm. Strong.
_From New York_--Daniel Avery, Harmanus Bleecker, James Emott,
Asa Fitch, Sam. L. Mitchill, Benjamin Pond, Thomas Sammons,
Pierre Van Cortlandt, jr.
_From New Jersey_--Adam Boyd, Lewis Condict, Jacob Hufty, and
Thomas Newbold.
_From Pennsylvania_--Wm. Anderson, David Bard, Robert Brown,
William Crawford, William Findlay, Abner Lacock, Aaron Lyle,
Jonathan Roberts, Wm. Rodman, Adam Seybert, John Smilie, Geo.
Smith, and Robert Whitehill.
_From Maryland_--Stevenson Archer, Charles Goldsborough, Joseph
Kent, Philip B. Key, Peter Little, Alexander McKim, Samuel
Ringgold, Philip Stuart, and Robert Wright.
_From Virginia_--John Baker, Burwell Bassett, Matthew Clay,
John Dawson, Thomas Gholson, Peterson Goodwyn, Aylett Hawes,
Joseph Lewis, jr., William McCoy, Hugh Nelson, Thomas Newton,
James Pleasants, jr., and John Roane.
_From North Carolina_--Willis Alston, jr., William Blackledge,
Meshack Franklin, Nathaniel Macon, Archibald McBryde, and
Joseph Pearson.
_From South Carolina_--William Butler, John C. Calhoun, Elias
Earle, William Lowndes, Thos. Moore, and Richard Wynn.
_From Georgia_--William W. Bibb, Geo. M. Troup.
_From Kentucky_--Henry Clay, _Speaker_, Joseph Desha, and
Stephen Ormsby.
_From Tennessee_--Felix Grundy, John Rhea, and John Sevier.
_From Ohio_--Jeremiah Morrow.
_From Indiana Territory_--Jona. Jennings, _Delegate_.
A quorum, consisting of a majority of the whole House, being present,
it was ordered that the Clerk do acquaint the Senate therewith.
On motion of Mr. DAWSON, a committee was appointed on the part of the
House, jointly with such committee as may be 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 communication he may be pleased to make to them.
Mr. DAWSON and Mr. BLEECKER were appointed the committee on the part of
the House.
TUESDAY, November 3.
Several other members, to wit: From Massachusetts, FRANCIS CARR; from
Connecticut, TIMOTHY PITKIN, jr.; from Vermont, SAMUEL SHAW; from New
York, ARUNAH METCALF, SILAS STOW, and URI TRACY; from Pennsylvania,
JOHN M. HYNEMAN; from Virginia, JOHN SMITH, and THOMAS WILSON; from
North Carolina, RICHARD STANFORD; from S. Carolina, LANGDON CHEVES, and
DAVID R. WILLIAMS; and, from Kentucky, RICHARD M. JOHNSON, appeared,
and took their seats.
A message from the Senate informed the House that a quorum of the
Senate is assembled, and ready to proceed to business. They have
appointed a committee on their part, jointly with the committee on
the part of this House, to inform the President of the United States
that a quorum of the two Houses is assembled, and ready to receive any
communications he may be pleased to make to them.
Mr. DAWSON, 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 the two Houses of Congress to-morrow at 12
o'clock.
And then the House adjourned.
WEDNESDAY, November 4.
Several other members, to wit: From Vermont, JAMES FISK; from North
Carolina, WM. R. KING and ISRAEL PICKENS; from Georgia, BOLLING HALL;
and from Kentucky, ANTHONY NEW, appeared, and took their seats.
A Message was received from the PRESIDENT OF THE UNITED STATES. [For
which, see Senate proceedings of this date, _ante_, page 567.]
The Message having been read was referred, with the documents
accompanying it, to the Committee of the whole House on the state of
the Union.
THURSDAY, November 5.
_Constitution and the Guerriere._
Mr. DAWSON rose and said:--Mr. Speaker, I take this early moment
to present to you a resolution which I feel pleasure and pride in
believing will meet the general approbation, not only of this House,
but of the nation.
The President of the United States, in his Message, which was read on
yesterday, has, in terms eloquent and appropriate, made mention of an
engagement which has taken place between an American frigate and one of
His Britannic Majesty's, which has rendered to the officers and crew of
our frigate that justice which they so justly merited; an engagement in
which American tars have proven to the world, that when commanded by
officers of skill, valor, and fidelity, they are capable of contending
with, and of vanquishing, those of any nation on the earth, upon
any element--even on that element where British skill has so justly
acquired so much celebrity, and that the American flag, when authorized
by the constituted authorities of our country, will command respect
on the high road of nations. Far, very far be it from me to boast--it
ill becomes an individual or a nation, and is never the concomitant of
true courage; but on the present occasion it seems to me proper that we
should express our sentiments--our feelings, and thereby the feelings
of the nation. I shall, therefore, without further comment, offer you
the following resolution, observing that the facts stated have been
ascertained at the proper department, and the proofs are on my table:
_Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled_, That the
President of the United States be, and he is hereby, requested
to present, in the name of Congress, to Captain Isaac Hull,
a gold medal, with suitable emblems and devices; and that
the sum of ---- thousand dollars be, and the same is hereby,
appropriated, to be distributed as prize money to the officers
and crew of the United States' frigate the Constitution, of
forty-four guns, according to the provisions of the act for
the better government of the Navy of the United States; in
testimony of the high sense entertained by Congress of the
gallantry, good conduct, and services of Captain Hull, the
officers, and crew, of the said frigate Constitution, in
attacking, vanquishing, and capturing the British frigate
the Guerriere, mounting fifty-four carriage guns, thereby
exhibiting an example highly honorable to the American
character, and instructive to our rising Navy.
Some conversation passed on the proper mode of disposing of this
subject, in the course of which
Mr. SEYBERT suggested the propriety of also giving some distinctive
or medals to the crew of the Constitution, who he thought were too
generally overlooked in such cases.
Mr. WRIGHT approved the spirit of the resolution, but hoped the other
officers would receive swords, and the men suitable rewards; and
confidently hoped a gold medal would be voted to the nearest relative
of Lieutenant William Bush of the marines, a young gentleman from his
district, who fell gallantly fighting in that action, covered with
wounds and glory; he, therefore, for that purpose, moved that the
resolution be referred to a select committee.
The resolution was eventually ordered to lie on the table till a
committee should be appointed to whom it should be referred.
FRIDAY, November 6.
Several other members, to wit: from New Jersey, GEORGE C. MAXWELL; from
Massachusetts, EZEKIEL BACON; from Connecticut, LEWIS B. STURGES; and
from Pennsylvania, JAMES MILNOR, appeared, and took their seats.
GEORGE POINDEXTER, the Delegate from the Mississippi Territory, also
appeared, and took his seat.
MONDAY, November 9.
Several other members, to wit: from Massachusetts, SAMUEL TAGGART; from
Connecticut, BENJAMIN TALLMADGE; from New York, EBENEZER SAGE, and
THOMAS R. GOLD; from Pennsylvania, ROGER DAVIS; from Delaware, HENRY M.
RIDGELY; and from Virginia, JOHN TALIAFERRO, appeared, and took their
seats.
_Encouragement to Privateers._
Mr. MITCHILL presented a petition of sundry owners and agents of
privateers in the city of New York, praying for a reduction of the
duties on prizes and prize goods; that prize property, on condemnation,
may be delivered to them to be disposed of and distributed; that the
time necessary to procure condemnations may be shortened; that the
fees of the officers of prize courts may be limited to a certain sum,
and that prize owners and their agents be authorized to order prizes
arrived in one port to any other port, at their discretion, at any time
before the actual libelling of such prizes.
_Exemption of Soldiers from Arrest for Debt._
Mr. BACON stated that, under the present law, exempting from arrest of
privates in the Army of the United States in certain cases of debt,
frauds had been, and more extensively might be, committed; inasmuch
as a soldier who was tired of the service, by giving his bond for a
feigned debt for an amount greater than twenty dollars, could procure
himself to be arrested and kept out of service, &c. Mr. B. further
illustrated the evasions to which the present law is liable, and
concluded by moving the following resolution:
_Resolved_, That the Committee on Military Affairs be
instructed to inquire into the expediency of providing by law
for exempting altogether from liability to arrest, or being
taken in execution for debt, of any non-commissioned officer,
musician, or private, belonging to the Army of the United
States, or to any volunteer corps, when called into service
pursuant to to law.
The resolution was agreed to.
TUESDAY, November 10.
Another member, to wit, from Virginia, JAMES BRECKENRIDGE, appeared,
and took his seat.
_Mounted Troops._
Mr. RICHARD M. JOHNSON observed that he had draughted a resolution for
the consideration of the House, the object of which was to authorize
an expedition of mounted volunteers against the several Indian tribes
hostile to the United States. He said the people of the United States
had the power and the will to break up and to extirpate those hostile
savages, to desolate their country, or compel them to surrender at
discretion, as the Miamies had done lately when they beheld the strong
arm of the Government uplifted and ready to fall upon them heavily. And
it was the imperious duty of Congress so to organize this power, and so
to direct this will, as to make it effectual and most destructive to
the enemy in the line of its operation. Mr. J. said a winter campaign
of mounted men well selected, well organized, and well conducted for
sixty days, would close an Indian war, which was restrained on their
part by no ties of religion, by no rules of morality, by no suggestions
of mercy, by no principles of humanity. Sir, said he, you well know
that we cannot so guard any part of our extended line of frontier as
to prevent entirely the incursions of savages, so long as they have a
place of safety or hiding place upon our borders; by reason of which
a few desperate savages, well armed with their rifles, tomahawks, and
scalping knives, and paid for the scalps of our citizens, may travel in
the night, watch their place of assassination undiscovered, and fall
upon our infant settlements thus exposed and massacre them without
distinction of age or sex, and not leave even an infant to lisp the sad
tale of sorrow to the passing stranger. Such has been the fact in many
places on our frontier since the battle of Tippecanoe; and such was the
melancholy fact near the Ohio river, in Indiana, when upwards of twenty
persons were horribly murdered in cold blood, without the opportunity
of resistance; the most of these unfortunate victims were women and
children, whose heads were roasted by the fire, and in this cruel mode
tortured to death, and under circumstances which would blacken and dye
with deeper disgrace the most infamous and abandoned set of beings on
earth. Since the defeat of Braddock, Mr. J. observed, the conflict
with the Indians had always been an unequal one, and the United States
had never carried on such a campaign against them as would bring them
to their reason. He observed, that a winter campaign of mounted men
would place us on an equality in our contest with the Indians; and he
pledged himself for the efficacy of such an expedition, if sanctioned
and authorized by Congress, and left to the Executive of Kentucky,
so far as the forces were taken from that State. On such a campaign
they must meet us in battle, or surrender at discretion; they could
not avoid our search nor evade our pursuit--the season would furnish
certain means of discovery; their strongholds would be broken up; their
squaws and children would fall into our hands, and remain sure pledges
against savage ferocity and barbarity. Nothing do they so much fear as
to have their squaws taken prisoners. Their winter quarters would be
discovered and their stock of winter provisions would be destroyed;
and once since the Revolution the friend of his country would enjoy
the satisfaction of seeing our savage enemies humbled in the dust and
solely at our mercy, notwithstanding all the arts of British intrigue
to the contrary. On the contrary, we want no additional evidence, no
train of reasoning, nor a particular detail of facts, to convince us
that any other kind of force, and at any other period, will only give
us a partial remedy. Upon any other principle we give the savage foe
every advantage. When threatened and pursued by a force sufficient
to chastise them, no warriors can be found--they scatter through the
woods like the wild beasts of the forest. Send a small party, and
they are immediately surrounded and cut off by superior numbers. In
fact, sir, they will not meet at their own doors and firesides equal
numbers in honorable combat--they must always have some great and
decided advantage. In the several attacks made upon Fort Wayne, Fort
Harrison, and Bellevue--at which places our officers and soldiers acted
with a firmness and gallantry deserving the highest praises of their
country--the Indians retreated at the approach of assistance, and could
not be found. We witnessed the same scene when our army penetrated
their country from Fort Wayne, who burnt their towns and destroyed
their crops. In short, sir, late in the spring, in the summer, and in
the fall, every thicket, every swamp--nay, every brush-heap surrounded
with weeds furnishes a hiding place; and it is in vain to search after
Indians at such a time, if they are not disposed to be seen. Mr. J.
said, with this imperfect picture before us, which, however, contained
undeniable facts, Congress could not reconcile it to its duty not to
take such steps as would speedily terminate the war with the savages.
Such steps had been taken as to produce much temporary distress among
the Pottawatamies and other tribes, and the destruction of their
villages and crops would employ many of their warriors in procuring
subsistence for their squaws and children, which consequently gave
a correspondent relief to our frontier settlements; that a winter
campaign well conducted was indispensable to complete the work which
was begun with so much zeal, but which could not produce all the
benefit that might be expected from a regular authorized expedition;
for it would be recollected that the mounted men had gone out suddenly
upon the spur of the occasion, without compensation, with a view
to relieve the frontiers from the disasters of Hull's humiliating
surrender; and in such voluntary associations many men would consider
themselves under less obligations than if employed by the Government,
although the party with whom he had the honor to act served beyond
the time for which they enrolled themselves, and never quitted the
service until honorably discharged. Mr. J. observed, if the savages are
unmindful of the many acts of benevolence, of justice and friendship
exercised towards them by the United States; if British influence, or
British gold, or any other consideration, could induce them to continue
the savage practice of imbruing their hands alike in the blood of the
warrior in the field, and the infant in its mother's arms; if they
will be bound by no obligation however sacred; by no treaty, however
solemnly made; by no dictate of nature, no matter how self-evident; the
United States are absolved from all acts of further forbearance; and
we are called upon by every feeling of duty and honor to disarm them
of their fury and put them beyond the power of injury. Mr. J. said he
had not intended to trouble the House with so many preliminary remarks,
but he had seen in his place the Chairman of the committee to whom the
resolution was to be referred, and he was anxious that the design and
object of the motion should be known, that the committee might act with
despatch if it met with their views:
_Resolved_, That the select committee to whom was referred so
much of the President's Message as relates to military affairs,
be instructed to inquire into the expediency of authorizing
an expedition of mounted volunteers against the Indian tribes
hostile to the United States.
The resolution was agreed to _nem. con._, without debate.
THURSDAY, November 12.
Another member, to wit, from Kentucky, SAMUEL MCKEE, appeared and took
his seat.
FRIDAY, November 13.
Several other members, to wit: from New York, THOMAS B. COOKE; from
New Jersey, JAMES MORGAN; from Virginia, JOHN RANDOLPH; and from North
Carolina, LEMUEL SAWYER, appeared, and took their seats.
MONDAY, November 16.
Several other members, to wit: from Massachusetts, WILLIAM REED; from
Rhode Island, ELISHA R. POTTER; from Virginia, DANIEL SHEFFEY; from
North Carolina, JAMES COCHRAN; from South Carolina, RICHARD WYNN,
appeared, and took their seats.
TUESDAY, November 17.
_Encouragement to Privateers._
Mr. BASSETT, from the committee appointed on that part of the
President's Message which relates to the Naval Establishment, reported,
in part, a bill in addition to the act concerning letters of marque,
prizes, and prize goods; which was read twice, and committed to a
Committee of the Whole to-morrow.
The bill is as follows:
A Bill in addition to the act concerning letters of
marque, prizes, and prize goods.
_Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled_, That all
prize property, upon sentence of condemnation, shall, at the
request of the owners of the private armed vessel by which
the capture shall have been made, or of their agents, be, by
the marshal of the district in whose custody the same may be,
delivered over to the said owners or their agents, to be by
them sold or disposed of at their discretion, and the proceeds
thereof distributed by them agreeably to the provisions of
law: _Provided_, That all fees, costs, and charges, arising
on the process of condemnation, be first paid, and that the
duties accruing on such prize goods, as also two per cent. on
the estimated value of such prize property, after deducting
all duties, costs, and charges, (which value, as it respects
the cargo, shall be ascertained in the same manner as is
provided by law for ascertaining the value of goods subject
to ad valorem duties; and as it respects the vessel, to be
ascertained by appraisers to be appointed in the same manner,)
shall be first paid, or secured to be paid, to the collector of
the district into which such prize property may be brought for
condemnation; which two per cent. shall be in lieu of the two
per cent. on the net amount of the prize money reserved by the
seventh section of the act to which this act is in addition,
and shall be pledged and appropriated to the same fund as is
thereby provided for.
SEC. 2. _And be it further enacted_, That all bonds taken for
the security of the two per cent. fund before provided for
shall be made payable within sixty days from the time of taking
such bonds.
SEC. 3. _And be it further enacted_, That the owners of any
private armed vessel or vessels, or their agents, may, at any
time before a libel shall be filed against any captured vessel
or her cargo, remove the same from any port into which it may
be first brought, to any other port in the United States,
subject to the same restrictions, and complying with the same
regulations, with respect to the payment of duties, which are
provided by law in relation to other vessels arriving in port
with cargoes subject to duty: _Provided_, That before such
removal the said captured property shall not have been attached
at the suit of any adverse claimant, or a claim against the
same have been interposed in behalf of the United States.
SEC. 4. _And be it further enacted_, That wherever the proceeds
of any prize property has been, or shall be, deposited with the
clerk of any district court, pursuant to the orders of said
court, upon condemnation, the same shall, at the request of the
owners of the private armed vessel by which the capture shall
have been made, or of their agents, be paid over to them, to be
by them distributed agreeably to the provisions of law.
WEDNESDAY, November 18.
Another member, to wit, JOSIAH QUINCY, from Massachusetts, appeared,
and took his seat.
THURSDAY, November 19.
_Privateer Prize Law._
The House resolved itself into a Committee of the Whole on the bill in
addition to the act concerning prizes and prize goods.
Mr. BASSETT, as chairman of the committee who reported the bill,
explained its provisions, and enforced the necessity of its adoption.
He took occasion to advert to the numerous captures made by our private
armed vessels, and their utility as a system of annoyance to the enemy.
In every case in which they had come in conflict, they had acquitted
themselves in a manner that redounded to their credit.
After some further conversation on the details of the bill, the
following section was, on motion of Mr. BACON, substituted for the
fourth section of the bill:
"SEC. 4. _And be it further enacted_, That in cases of sale
of prize property by the marshal of any district, or wherever
the proceeds thereof has been or shall be deposited with the
clerk of any district court, pursuant to the orders of said
court upon condemnation, the same shall, by the said marshal or
clerk respectively, at the request of the owners of the private
armed vessel by which the capture shall have been made, or of
their agents, be paid over to them, to be by them distributed
agreeably to the provisions of law: _Provided_, That all fees,
costs, and charges, arising on condemnation, be first paid, and
all duties accruing on such prize property, as also the two per
cent. fund accruing on such proceeds, be first paid, or secured
to be paid, to the collector of the district into which such
prize may be brought for condemnation, and that the marshal
and clerk shall be allowed for their services respectively, in
selling, receiving, and paying over as aforesaid, a commission
of one per cent. and no more, on the net proceeds of such prize
property, after deducting the duties, the two per cent. and
charges aforesaid: _Provided, also_, That such commission shall
not exceed, upon any property included in one condemnation, the
sum of one thousand dollars."
The bill as thus amended was then ordered to be engrossed for a third
reading.
_Retaliation._
The engrossed bill "vesting the power of retaliation in the President
of the United States in certain cases," was read a third time.
A debate of more than an hour took place on the question of its
passage, which was finally determined _in the negative_, by yeas and
nays--51 to 61.
FRIDAY, November 20.
_Pay of the Army._
The House went into Committee of the Whole on the bill concerning the
pay of the Army of the United States, which was read.
Mr. WILLIAMS, as chairman of the committee who reported it, rose to
explain the provisions of the bill. He said he hoped the consideration
of the bill would not involve a discussion of the justice or necessity
of the war. War, said he, is now declared; we have thrown ourselves
between our country and the enemy; and it becomes us to carry her
triumphantly through the war, or be responsible for the disgrace a
contrary course would incur. The reason of the introduction of the
first provision of the bill, he said, was the palpable fact, that the
present pay of the Army, taking into consideration the price of labor
throughout the Union, was much below the average rate. The committee,
in the investigations of this business, had, with much labor, consulted
all sources of information accessible to them, and in no part of the
United States did it appear to be conceded by their Representatives,
that the fair price of labor was less than nine dollars per month.
Even if the price was as low as eight, or say seven dollars, wherefore
should the soldier receive less than any other man? This is a subject
on which every gentleman could decide by recurring to his own
neighborhood, and inquiring, what was there the price of labor. If he
could not procure the service of an individual there for less than
eight dollars, how can he refuse the soldier that price which I now
solicit for him? The ranks are not filled; we know it by too melancholy
a proof; and it is our duty to fill them. How shall we best do it? It
will not be contended that your population is insufficient; no, sir;
the inducement is not adequate. There is no avocation of life, no
employment, however hazardous, which fails to be pursued from a want of
persons ready to engage in it. No, sir; if you want men to scale the
mountains of ice under the Northern pole, or endure the fervid rays
of a vertical sun in the hither India, to brave the stormy ocean, or
search for mines in the bowels of the earth; only find them adequate
compensation, and there are men enough to be found. The compensation
for services performed, ought always to be in proportion to the risk
incurred. This is a position which cannot be controverted. There is no
reason why the ranks of your Army are not filled so forcible, as that
you do not give enough to the privates.
Mr. W. then briefly adverted to other provisions of the bill. To the
second section he apprehended little objection; it had been found to
be necessary, and ample precedent might be found for it. To the third
section there might and probably would be some objection. It was
founded, he said, on the principle that every man owed to the country
which protected him, military service; the same principle, already
engrafted in our laws, which obliged the youth of 18 years old to
enter into the militia, warranted his retention in the service when
he had voluntarily enlisted. The fourth section spoke for itself and
needed no explanation.