Chapter M: CAMPBELL then rose and spoke as follows (17)

_Virginia._--Burwell Basset, Matthew Clay, John Claiborne, John Clopton, Christopher Clark, John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, David Holmes, John G. Jackson, Walter Jones, Joseph Lewis, Jr., John Morrow, Thomas Newton, jr., John Randolph, Thomas Mann Randolph, John Smith, Philip R. Thompson, Abram Trigg, and Alexander Wilson.

_Kentucky._--Geo. Michael Bedinger, John Fowler, Thos. Sanford, John Boyle, Matthew Lyon, and Matthew Walton.

_North Carolina._--Nathaniel Alexander, Willis Alston, jr., William Blackledge, Thomas Blount, Evans Alexander, James Holland, Thomas Keenan, Nathaniel Macon, Duncan MacFarland, Richard Stanford, Marmaduke Williams, Joseph Winston, and Thomas Wynns.

_Tennessee._--Wm. Dickson, John Rhea, G. W. Campbell.

_South Carolina._--Levi Casey, William Butler, Elias Earle, Thomas Moore, Robert Marion, David R. Williams, O’Brien Smith, and Richard Wynn.

_Georgia._--Peter Early, Joseph Bryan, Cowles Mead, and David Meriwether.

_Ohio._--Jeremiah Morrow.

_Mississippi Territory._--Delegate: William Lattimore.

_Indiana Territory._--Delegate: Benjamin Parke.

MONDAY, December 2, 1805.

This being the day appointed by the constitution for the annual meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:

_From New Hampshire_--Silas Betton, Caleb Ellis, David Hough,
Samuel Tenney, and Thomas W. Thompson.

_From Massachusetts_--Joseph Barker, Barnabas Bidwell, Phanuel
Bishop, John Chandler, Orchard Cook, Jacob Crowninshield,
Richard Cutts, William Ely, Isaiah L. Green, Jeremiah Nelson,
Josiah Quincy, Ebenezer Seaver, Samuel Taggart, Joseph B.
Varnum, and Peleg Wadsworth.

_From Rhode Island_--Nehemiah Knight and Joseph Stanton.

_From Connecticut_--Samuel W. Dana, John Davenport, jr.,
Jonathan O. Mosley, John Cotton Smith, Lewis B. Sturges, and
Benjamin Tallmadge.

_From Vermont_--Martin Chittenden, James Elliot, James Fisk,
and Gideon Olin.

_From New York_--John Blake, jr., Silas Halsey, Josiah Masters,
Gurdon S. Mumford, John Russell, Peter Sailly, Thomas Sammons,
Martin G. Schuneman, David Thomas, Uri Tracy, Killian K. Van
Rensselaer, and Nathan Williams.

_From New Jersey_--Ezra Darby, Ebenezer Elmer, John Lambert,
James Sloan, and Henry Southard.

_From Pennsylvania_--Isaac Anderson, David Bard, Robert Brown,
Joseph Clay, Frederick Conrad, William Findlay, Andrew Gregg,
Michael Leib, John Pugh, John Rea, Jacob Richards, John Smilie,
Samuel Smith, John Whitehill, and Robert Whitehill.

_From Maryland_--John Campbell, Leonard Covington, Charles
Goldsborough, Patrick Magruder, William McCreery, Nicholas R.
Moore, and Joseph H. Nicholson.

_From Virginia_--Burwell Bassett, John Claiborne, John Clopton,
John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn,
David Holmes, John G. Jackson, Joseph Lewis, jun., John
Morrow, Thomas Newton, jr., John Randolph, Thomas M. Randolph,
John Smith, Philip R. Thompson, and Alexander Wilson.

_From Kentucky_--George Michael Bedinger, and Thomas Sanford.

_From North Carolina_--Willis Alston, jun., Thomas Blunt, James
Holland, Thomas Keenan, Nathaniel Macon, Richard Stanford,
Marmaduke Williams, Joseph Winston, and Thomas Wynns.

_From Tennessee_--William Dickson, and John Rhea.

_From South Carolina_--Levi Casey, Elias Earle, Thomas Moore,
and David R. Williams.

_From Georgia_--Peter Early, Cowles Mead, and David Meriwether.

_From Ohio_--Jeremiah Morrow.

_Delegate from the Mississippi Territory_--William Lattimore.

And a quorum, consisting of a majority of the whole number, being present, the House proceeded, by ballot, to the choice of a Speaker; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of NATHANIEL MACON, one of the Representatives for the State of North Carolina: whereupon Mr. MACON was conducted to the Chair, from whence he made his acknowledgments to the House as follows:

“_Gentlemen_: Accept my sincere thanks for the honor you have
conferred on me. Permit me to assure you, that my utmost
endeavors will be exerted to discharge the duties of the Chair
with fidelity, impartiality, and industry; and that I shall
rely with confidence on the liberal and candid support of the
House.”

The House proceeded in the same manner to the appointment of a Clerk; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOHN BECKLEY.

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 by Mr. NICHOLSON, one of the Representatives for the State of Maryland, to the Speaker; and then the same oath of affirmation was administered by Mr. SPEAKER to all the members present.

The same oath, together with the oath of office prescribed by the said recited act, were also administered by Mr. SPEAKER to the Clerk.

_Ordered_, That a message be sent to the Senate to inform them that a quorum of this House is assembled, and have elected NATHANIEL MACON, one of the Representatives for North Carolina, their Speaker; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that a quorum of the Senate is assembled and ready to proceed to business; and that, in the absence of the VICE PRESIDENT of the United States, the Senate have elected the Honorable SAMUEL SMITH their President _pro tempore_: the Senate have resolved that two Chaplains, of different denominations, be appointed to Congress, for the present session, one by each House, who shall interchange weekly. The Senate having appointed a committee on their part, jointly with such committee as may be appointed on the part of this House, 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 that he may be pleased to make to them.

_Resolved_, That Mr. JOHN RANDOLPH, Mr. CAMPBELL of Maryland, and Mr. CROWNINSHIELD, be appointed a committee on the part of this House, jointly, with the committee 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 that he may be pleased to make to them.

The House then proceeded, by ballot, to the appointment of a Sergeant-at-Arms to this House; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOSEPH WHEATON.

_Resolved_, That THOMAS CLAXTON be appointed Doorkeeper, and THOMAS DUNN Assistant Doorkeeper of this House.

_Resolved_, That the Rules and Orders established by the late House of Representatives, shall be deemed and taken to be the Rules and Orders of proceeding to be observed in this House, until a revision or alteration of the same shall take place.

Mr. JOHN RANDOLPH, from the joint committee appointed to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, reported that the committee had performed that service; and that the President signified to them that he would make a communication to this House to-morrow, at twelve o’clock, by way of message.

TUESDAY, December 3.

Several other members, to wit: ABRAM TRIGG, from Virginia; GEORGE W. CAMPBELL, from Tennessee; and ROBERT MARION, from South Carolina, appeared, produced their credentials, and took their seats in the House.

_President’s Message._

A Message was received from the PRESIDENT OF THE UNITED STATES, which was read, and referred to the consideration of a Committee of the Whole on the state of the Union. [For this Message see Senate proceedings of this day’s date, _ante_, page 346.]

WEDNESDAY, December 4.

Two other members, to wit: JOHN ARCHER, from Maryland, and WILLIAM BUTLER, from South Carolina, appeared, produced their credentials, and took their seats in the House.

THURSDAY, December 5.

Another member, to wit: JAMES KELLY, from Pennsylvania, appeared, produced his credentials, and took his seat in the House.

FRIDAY, December 6.

_Army Rules, &c._

Mr. VARNUM said it would be recollected that the rules and regulations for the government of the Army had never been revised since the era of the present Government; and that consequently the rules and regulations established during the Revolutionary war still continued in force, though our circumstances had materially changed. From the present aspect of affairs, he thought it became necessary that a revision should take place, that they might be adapted to the provisions under the present Government. An attempt to this effect had been made during the two last sessions; and in this House a bill had passed, which had been rejected in the Senate. He was of the opinion that it became the House, by again attending to the subject, to do their duty; and if neglect should attach any where, it should be at the proper door. He, therefore, moved the following resolution:

_Resolved_, That a committee be appointed to prepare rules
and regulations for the government of the Army of the United
States, and that they have leave to report by bill or otherwise.

Agreed to, and a committee of seven members appointed.

_Yazoo Claims._

Mr. GREGG said he wished to submit to the House a resolution on a subject of considerable importance, which had engaged the House at several of its previous sessions, and which was generally known by the name of the Yazoo claims. The discussions on this subject had occupied much time, and had excited greater irritation than any other subject within these walls. He supposed there was no probability that the subject would be permitted, by the claimants, to sleep, while the act appropriating five millions was permitted to remain in force. His object was, to repeal that act. By this step the claimants would not be placed in a worse situation, as the courts of justice would be open to them. Mr. G. said he did not expect the House immediately to act on this resolution, though he was prepared, at once, to go into it. But as it was important, and related to a subject on which the papers were voluminous, he would be satisfied that it should lie for some time on the table, the more especially that new members might become acquainted with it. He then offered the following resolution:

_Resolved_, That so much of an act, entitled “An act regulating
the grants of land, and providing for the disposal of the lands
of the United States south of the State of Tennessee,” as
appropriates any portion of the said lands for the purpose of
satisfying, quieting, or compensating any claims to the said
lands, derived from any act, or pretended act of the State of
Georgia, and neither recognized by the articles of agreement
and cession between the United States and the State of Georgia,
nor embraced by the two first sections of the above-mentioned
act, be repealed.

Ordered to lie on the table.

_Executive Documents._

A Message was delivered from the PRESIDENT OF THE UNITED STATES, by Mr. COLES, his Secretary, as follows:

“_Mr. Speaker_: I am directed by the President of the United
States to deliver you a Message in writing.”

The SPEAKER having received and opened a packet of considerable size, observed that the Message was confidential, and thereupon ordered the galleries to be cleared.

In about one hour and a half, the doors were opened, when it appeared that part of the communications made by the President were confidential, and that the members of the House remained under an injunction of secrecy with regard to them; and that another part was not confidential. This part embraces, among others, the following documents:

1. A letter from Governor Claiborne to the Secretary of
State, dated October 24, 1805, in which, after stating the
preparations making by the Spaniards at Pensacola and other
places, he says: “I flatter myself that hostilities between the
United States and Spain may be avoided, and that an honorable
adjustment of our differences may ensue. But I am inclined to
think that the Spanish agents calculate on a speedy rupture,
and are making all the preparations that their means permit to
commence the war in this quarter.”

2. Statements respecting the detention of the American gunboats.

3. Correspondence between Governor Claiborne and the Marquis de
Casa Calvo, on exempting the Spanish officers from municipal
taxes.

4. Correspondence between Governor Williams, of the Mississippi
Territory, and Governor Grandpre, with sundry communications to
the Secretary of State on outrages committed in the Mississippi
Territory.

5. Documents to show that the settlement of Bayou Pierre, on
the Red River, at which a principal aggression took place, was
originally made by France while possessing Louisiana, and came
to the possession of Spain only by the general delivery of
Louisiana to her, and as a part of it.

6. Extract of a letter from C. Pinckney, dated August 1805,
as well as one dated September 22, 1805, respecting Spanish
spoliations.

7. Communications from Gov. Claiborne, dated October 24, 1805,
respecting obstructions on the Mobile.

8. Copy of a letter from the commandant of the ship Huntress to
the Secretary of the Navy.

MONDAY, December 9.

Several other members, to wit, from Virginia, EDWIN GRAY, and WALTER JONES; from New York, HENRY W. LIVINGSTON and ELIPHALET WICKES; and from Georgia, JOSEPH BRYAN; appeared, produced their credentials, were qualified, and took their seats in the House.

Mr. LEIB presented a petition of the late crew of the frigate Philadelphia, representing that they have been advised that under the maritime regulations of the United States, persons taken by the Barbary Powers are allowed on their release a pecuniary compensation for clothing received during their captivity, and some small sum for tobacco and other articles, usually called jail-money, for which they have received no compensation; but that these extraordinary expenses have been deducted from their pay, and praying relief.--Referred to the Committee of Claims.

TUESDAY, December 10.

Several other members, to wit, from Kentucky, JOHN BOYLE; from New Jersey, WILLIAM HELMS; from Connecticut, TIMOTHY PITKIN, junior; and from New York, PHILIP VAN CORTLANDT, appeared, produced their credentials, were qualified, and took their seats in the House.

_Exportation of Arms, &c._

The House took into consideration the amendments of the Committee of the Whole to the bill prohibiting, for a limited time, the exportation of arms and ammunition from the United States; in all of which they concurred.

Mr. COOK moved to substitute “five hundred dollars” in the room of “one hundred;” the sum for exporting prohibited articles beyond which is followed by the forfeiture of the vessel--under the impression that the provision was too rigorous.

This amendment was supported by Mr. CROWNINSHIELD, and opposed by Mr. DAWSON, and lost--77 members concurring in the report of the Committee of the Whole.

On motion of Mr. OLIN, “cannon balls and mortars” were added to the list of prohibited articles.

On motion of Mr. DAWSON, an amendment was introduced, applying the penalties of the bill to the exportation of the prohibited articles by land.

On motion of Mr. NICHOLSON the provisions of the bill were extended to the Territories of the United States.

Mr. GREGG said he understood the bill under consideration was only a report in part. He had no disposition to oppose its passage. He only rose to express his hope that when the committee made a further report, they would lay before the House the information necessary to enable them to act intelligently. It had, from the commencement of the Government, been the practice of the House to call on the Secretary of War to state the amount of military stores on hand, accompanied by his opinion of the further supplies deemed necessary. No such thing had yet been done this session. The House neither knew the quantity of military stores on hand, nor could calculate the effects of the bill. They did not know what was the quantity of sulphur and saltpetre on hand, or whether there was a sufficiency of those important raw materials, in case we should be embroiled in a war--

The SPEAKER here interrupted Mr. GREGG by observing that there was no motion before the House.

After a few remarks from Mr. NICHOLSON and Mr. GREGG, on the details of the bill, it was ordered, on the motion of the former, to be recommitted to the committee who introduced it, for amendment.

WEDNESDAY, December 11.

Another member, to wit, DANIEL C. VERPLANCK, from New York, appeared, produced his credentials, and took his seat in the House.

_Sword to General Eaton._

Mr. BIDWELL said that, in the late war between the United States and Tripoli, distinguished services had been rendered by Mr. Eaton, which had contributed to the peace lately made with that power. Intimation of this fact was not only derived from its public notoriety, but likewise from the President of the United States. He thought these services worthy the notice of Congress. He therefore submitted the following resolution:

_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 requested to present a
sword, in the name of Congress, to William Eaton, Esq., as a
testimony of the high sense entertained of his gallantry and
good conduct in leading a small band of our countrymen, and
others, through the desert of Libya, on an expedition against
Tripoli, in conjunction with the ex-Bashaw of that Regency;
defeating the Tripolitan army at Derne, with the assistance
of a small part of the naval force of the United States, and
contributing thereby to a successful termination of the war,
and the restoration of our captive fellow-citizens to liberty
and their country.

Referred, on the motion of Mr. VARNUM, to a Committee of the Whole to-morrow.

_French Spoliations._

Mr. J. RANDOLPH observed that, at the first session of the eighth Congress, there had been an appropriation of $3,750,000 for the purpose of paying American claims for spoliations committed by the people of France, which had been assumed in the convention that transferred to the United States the sovereignty of Louisiana; that bills, in satisfaction of these claims, were daily presented for payment at the Treasury; but, that, on the 31st of this month, the appropriation would cease, when the sum remaining unexpended would be carried to the credit of the surplus fund. The Committee of Ways and Means had received a letter, representing the circumstances, from the Secretary of the Treasury, which had induced them to come to a resolution to ask leave to present a bill on the subject.

Leave having been granted--

Mr. J. RANDOLPH made a report, consisting of a letter from the Secretary of the Treasury, representing the facts stated by him, and a bill, supplementary to the act making provision for the payment of claims of citizens of the United States, on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic.

The bill provides that the balance of the $3,750,000 remaining unexpended on the 31st of December next, shall not be carried to the surplus fund, but shall continue applicable to the satisfaction of the claims until they shall be satisfied.--Referred to the Committee of the Whole on Monday next.

THURSDAY, December 12.

Another member, to wit, JOHN HAMILTON, from Pennsylvania, appeared, produced his credentials, was qualified, and took his seat in the House.

BENJAMIN PARKE having also appeared as a Delegate from the Indiana Territory of the United States, the said oath was administered to him by the SPEAKER, and he took his seat in the House accordingly.

_General Eaton._

On the motion of Mr. BIDWELL, the House resolved itself into a Committee of the Whole on the resolution offered yesterday, relative to William Eaton.

The Chairman read the resolution as follows:

“_Be it enacted, by the Senate and House of Representatives
of the United States of America, in Congress assembled_, That
the President of the United States be requested to present a
sword, in the name of Congress, to William Eaton, Esq., as a
testimony of the high sense entertained of his gallantry and
good conduct in leading a small band of our countrymen and
others through the desert of Libya, on an expedition against
Tripoli, in conjunction with the ex-Bashaw of that Regency;
defeating the Tripolitan army at Derne, with the assistance
of a small part of the naval force of the United States, and
contributing thereby to a successful termination of the war,
and the restoration of our captive fellow-citizens to liberty
and their country.”

Mr. BIDWELL moved to amend the resolution by striking out the word “sword,” and by inserting in lieu thereof the words, “a medal of gold, with proper devices.”

Mr. J. CLAY wished the gentleman from Massachusetts would let the word “sword” stand in the resolution. It was only on extraordinary occasions, he believed, that a medal was awarded. He was very willing to vote for presenting a sword on this occasion; but, if a medal was insisted upon, he should be compelled to vote against the resolution.

Mr. ELLIOT requested that the resolution passed at the last session, relative to Commodore Preble, and the officers and marines under his command, might be read.

The resolution was accordingly read, which ordered a medal to be struck, and a sword to be given to each of the officers.

Mr. E. said, that the objection of the gentleman from Pennsylvania (Mr. J. CLAY) to the amendment offered by the gentleman from Massachusetts, (Mr. BIDWELL,) substituting a gold medal in the room of a sword, appeared to be founded on the idea that a medal would be a meed disproportionate to the importance of the services, or the official rank of the gentleman who was the object of the resolution; in other words, that it would be too great a reward. I did not, said Mr. E., anticipate the objection from any quarter of the House, and regret extremely that it has arisen. From the peculiar character with which the gentleman who is intended to be honored by the resolution, was invested by the Government, it becomes a point of no small delicacy, and even of some difficulty, to debate the question at all. We are, indeed, told in the President’s Message, that the important services of our gallant countryman undoubtedly contributed to the impression which produced peace with Tripoli. It was proper for the President to say this, and to say no more; but, in order to enable us to pay a proper tribute on our part to merit so conspicuous, it becomes necessary to avail ourselves of information derived from unofficial sources. In every thing which we can do upon this subject, we are anticipated by the loud voice of fame, and this consideration has induced me sometimes to doubt the propriety of doing any thing whatever. It has, however, always been deemed policy, and even duty, in free governments, to distinguish by national honors those citizens who have performed important national services. It is perfectly understood that our brave countryman commanded, in conjunction with the ex-Bashaw of Tripoli, a force sufficiently respectable to be considered as an army, and of course that the popular appellation of General Eaton had been conferred upon good grounds. In that strong point of view in which the subject will be seen by liberal minds, inadequacy of force and means, compared with the greatness of the object and the event, will give greater honor to the achieving of the enterprise. If we act at all, we ought to bestow a mark of distinction suitable for a general officer, or an officer of distinguished rank, to accept. Shall we refuse a medal, the appropriate reward of the brave Preble, and offer a sword, which was given to the subordinate naval officers, when the services of Preble, however meritorious, and greatly meritorious they were, failed of effecting the object which the world believes that Eaton has accomplished? By the modern notions of martial etiquette and honor, a sword is the appropriate token of distinction and reward for officers of subordinate rank. It is believed that a simple and concise vote of thanks, by the Representatives of a free people, is the noblest meed of exalted merit and patriotism.

An army, composed in part of Americans, but chiefly of the descendants of the ancient Grecians, Egyptians and Arabians; in other words, an army collected from the four quarters of the globe, and led by an American commander to conquest and glory, is a phenomenon in military history calculated to attract the attention of the world, not only by its novelty, but by its real influence and consequence. It ought to be considered, too, that this army, notwithstanding the singularity of its organization and character, and the smallness of its numbers and its means, acted in a cause which might be thought to affect, at least in some remote degree, the general interest of mankind. Since the destruction of Cato, and his little senate at Utica, the banner of freedom had never waved in that desert and barbarous quarter of the globe; and he who carried it so nobly, in the language of the resolution, through the desert of Libya, and placed it so triumphantly upon the African shore of the Mediterranean, deserves to be honorably distinguished by that country and that Government, to which the enterprise has added lustre. I repeat it, Mr. Chairman, we can do nothing in which we are not anticipated by fame. Fame has already devoted to the name which we are laboring to celebrate, the _monumentum ære perennius_, the imperishable column of glory, which is the just reward of patriots only, and which impartial history denies to the mere conquerors and robbers of mankind.

Mr. SMILIE remarked, that it added to the value of an honor conferred, to have it bestowed by a unanimous vote. It was not, however, his purpose to trouble the House with a speech. He should confine himself to making one or two remarks. He considered it correct that honors conferred should be apportioned to merit. It was not so important whether the man on whom they were bestowed, was the commander of an army, or whether he filled an inferior station. Whatever his station might be, he who conducted himself well in the service of his country, was entitled to her thanks. Mr. S. said he would next examine the advantages which the services of Mr. Eaton had gained to his country, and see whether they were equal to those which we had derived from the services of other great men. From his impression, he thought they had been highly advantageous, and equally so with those rendered by Commodore Preble and his brave associates, whose conduct he highly approved. He believed that the expedition of Mr. Eaton had greatly contributed to a peace; and if this were so, he did not know a more essential service he could have rendered. For these reasons he was in favor of awarding a medal in preference to a sword.

Mr. QUINCY hoped the House would bestow a medal instead of a sword. He would say that, on such an occasion, a medal was more proper than a sword. When the resolution was offered, he had a solid objection to it, which had, in some measure, been removed by the proposed amendment. A sword was not an appropriate reward for the service rendered on this occasion. It was a reward for valor, and mere valor. In this case he considered the valor displayed as a very small part of the distinction of Mr. Eaton. He wished that the motion had been submitted to a select committee, that not only the nature of the compliment, but likewise the form of the expression, might have been better adapted to what he conceived to be the character of the service rendered. He did not think the circumstances stated in the resolution were those which were the most appropriate. He did not consider the leading a small band through the desert of Libya, the defeating the Tripolitan army at Derne, the contributing to a peace, and the liberation of our countrymen, as characteristic of the services rendered. The peculiar character of those services was this: that Mr. Eaton, being a private citizen, and called upon by no official station or duty, had the greatness of mind to plan a scheme by which the dethronement of a usurper, the restoration of the lawful heir, and the release of our captive countrymen were to have been effected. A conception of this kind belonged only to great and superior minds; and what was sufficient to fill the minds of most men, the machinery for effecting this plan, was to him but of a secondary nature. He believed it would be for the reputation of the United States to give some select and appropriate reward, such as a man like Eaton ought to receive, and such as it would be to the honor of our country to give.

The question was then taken on Mr. BIDWELL’s amendment, which was carried by a considerable majority.

Mr. JACKSON said, he entertained a high sense of the extraordinary merit of the officer who was the object of the resolution under consideration, and was of opinion that the House should express their highest sentiment of approbation. To do this, he thought the phraseology of the resolution ought to be changed in conformity to the ideas of the gentleman from Massachusetts. He would, therefore, with this view, move that the committee should rise, with the intention of moving in the House the reference of the resolution to a select committee for such alteration.

The question was taken on the rising of the committee--yeas 52, nays 54.

Mr. QUINCY suggested the propriety of substituting Barca in the room of Libya, as the latter was an antiquated word, not to be found in modern maps.

Mr. BIDWELL observed, that he was not tenacious of the particular form of the expression. If that suggested by his colleague was deemed most correct, he had no objection to it. He would, however, remark, that the word Libya was taken from an expression used by Mr. Eaton in one of his letters. It was certainly a word used in modern times, although it might not be in general use.

As to the general question, Mr. B. hoped that, as some gentlemen thought the resolution went too far, while others thought it did not go far enough, and, as the general sentiment was, that something ought to be done by the House, it would be considered that a middle course between the two Extremes was the fittest, and that there would be a sufficient magnanimity to give a unanimous vote in favor of the resolution. For himself, he was willing to have it varied so as to make it conform to the general sense of the committee, for the purpose of insuring unanimity.

Mr. QUINCY said he was not particularly tenacious of the form of expression used. He had only risen to state his knowledge as far as it went. Libya was a word in use among classical men, among poets, but not among men of business.

The question was put on substituting Barca in the room of Libya, and passed in the negative by a considerable majority. The resolution, as amended, was then agreed to without a division.

The committee rose and reported it to the House, who immediately took it into consideration.

The amendment for substituting “a gold medal with proper devices,” in the room of “a sword,” being under consideration,

Mr. J. CLAY said, as the Committee of the Whole had reported their agreement to the amendment, and as a desire had been expressed that there might be a unanimous vote on the occasion, he wished more information on the subject than he possessed before he could act upon it. After having obtained this, he might very probably vote for the amendment. He, therefore, moved a reference of the resolution to a select committee, who might obtain the information required from the Secretary of the Navy.

Mr. JACKSON observed, that the names of other gentlemen, who were before the walls of Derne, had been announced in the newspapers, as having assisted in the achievements that were the object of the resolution under consideration. It was not improper to inquire whether they ought to be associated in the honors awarded by Congress. To ensure, therefore, unanimity, and bestow proper praise, he hoped the course pointed out by the gentleman from Pennsylvania would be pursued.

The motion to refer the resolution to a select committee was carried--yeas 69; and Messrs. BIDWELL, J. CLAY, THOMPSON, of New Hampshire, MASTERS, GRAY, ARCHER, and CASEY, were appointed a committee.

FRIDAY, December 13.

Two other members, to wit: from Delaware, JAMES M. BROOM, and from Kentucky, JOHN FOWLER, appeared, produced their credentials, were qualified, and took their seats in the House.

MONDAY, December 16.

Two other members, to wit: from South Carolina, O’BRIEN SMITH, and from New York, GEORGE CLINTON, junior, appeared, produced their credentials, were qualified, and took their seats in the House.

TUESDAY, December 17.

Two other members, to wit: from Virginia, MATTHEW CLAY, and from Kentucky, MATTHEW WALTON, appeared, produced their credentials, and took their seats in the House.

WEDNESDAY, December 18.

_Indiana Territory--Slaves--Salt Springs--State Government._

_Ordered_, that the report of a select committee, made the 17th of February, 1804, on a letter of William H. Harrison, President of a Convention held at Vincennes, in the Indiana Territory, declaring the consent of the people of the said Territory to a suspension of the sixth article of compact between the United States and the said people; also, on a memorial and petition of the inhabitants of the said Territory; be referred to Mr. GARNETT, Mr. MORROW of Ohio, Mr. PARKE, Mr. HAMILTON, Mr. SMITH of South Carolina, Mr. WALTON, and Mr. VAN CORTLANDT.

A petition of the Legislative Council and House of Representatives of the Indiana Territory was presented to the House and read, praying that the introduction of slaves into the said Territory may be permitted by Congress; that the right of suffrage therein may be enlarged; that the salt licks and springs in the said Territory may be ceded to them on certain conditions; that a certain description of claimants to land, in the said Territory, may be permitted to make entry thereof in the mode therein stated; that no division of the said Territory may take place; and that the citizens thereof may be permitted to form a State government as soon as their population will permit the measure.

Also, a petition of sundry purchasers of land settled, and intending to settle, on that part of the Indiana Territory west of Ohio, and east of the boundary line running from the mouth of Kentucky River, praying that the said tract of country may be added to and made part of the State of Ohio.

_Ordered_, that the said petitions be severally referred to the committee last appointed; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

Mr. VARNUM, from the committee appointed on the sixth instant, presented a bill establishing rules and articles for the government of the armies of the United States; which was read twice and committed to a Committee of the Whole on Friday next.

_General Moses Hazen._

On motion of MR. THOMAS the House resolved itself into a Committee of the Whole on the bill “supplementary to the act entitled an act regulating the grants of land appropriated for the refugees from the British Provinces of Canada and Nova Scotia.”

This bill directs the following locations of land and patents to be granted:

“To Charlotte Hazen, widow of Moses Hazen, sixteen hundred
acres; Elijah Ayre, senior, one thousand acres; Elijah Ayre,
jun., three hundred and twenty acres; and Anthony Burk, two
hundred and fifty acres.”

Mr. Thomas explained the grounds on which this bill is predicated, in virtue of inexecuted resolutions of the old Congress; when the committee rose and reported it without amendment: in which report the House immediately concurred, and ordered the bill to a third reading to-morrow.

TUESDAY, December 24.

Another member, to wit: ROGER NELSON, from Maryland, appeared, produced his credentials, was qualified, and took his seat in the House.

FRIDAY, December 27.

Two other members, to wit: SETH HASTINGS and WILLIAM STEDMAN, from Massachusetts, appeared, produced their credentials, were qualified, and took their seats in the House.

MONDAY, December 30.

Another member, to wit: CHRISTOPHER CLARK, from Virginia, appeared, produced his credentials, was qualified, and took his seat in the House.

_Road to the Ohio River._

The bill from the Senate to regulate the laying out and making a road from Cumberland, on the Potomac, to the river Ohio, in the State of Ohio, was read and referred to a Committee of the Whole on Thursday.

[This bill authorizes the President of the United States to appoint three Commissioners to lay out a road from Cumberland on the Potomac to the river Ohio, in the State of Ohio, to be four rods in width. The Commissioners are directed to make a report to the President of their proceedings, as well as the expense of making the road passable. The President is authorized to accept or reject the report in whole or part. If he shall accept it, he is then authorized to obtain the consent of the States through which the road may pass; and, having obtained such consent, to make a turnpike. Fifty thousand dollars are appropriated, payable first out of the proceeds of the reservation from the sale of lands in Ohio, and, secondly, out of the Treasury of the United States, the last sum to be chargeable to the preceding fund.]

TUESDAY, December 31.

Another member, to wit: MATTHEW LYON, from Kentucky, appeared, produced his credentials, was qualified, and took his seat in the House.

MONDAY, January 6, 1806.

_Impressment of a Revolutionary Soldier’s Son._

The SPEAKER laid before the House a letter received by him from David Rumsey, representing that his son, though possessed of a protection, had been impressed by the British; and that, notwithstanding his most strenuous exertions, he is unable to obtain his release. The letter is couched in unlettered, but pathetic terms, and concludes in the following manner: “I lost an estate by lending money to carry on the Revolutionary war, and I suffered every thing but death by being a prisoner among them (the British) in Canada. I lay fifteen months in close confinement, when I bore the rank of full captain; and if this is all the liberty I have gained, to be bereaved of my children in that form, and they made slaves, I had rather be without it. I hope that Congress will take some speedy methods to relieve our poor distressed children from under their wretched hands, whose tenderest mercy is cruelty.”--Referred to the Secretary of State.

_Impressed Seamen._

Mr. CROWNINSHIELD observed that, at the last session, there had been a return made to the House of the American Seamen impressed by British vessels, which had not been acted upon. Since that period these impressments had increased in a most astonishing degree. It was a fact that from 2,500 to 3,000 of our best seamen were detained by the British. We want the services of this useful class of men. That the attention of the House may be drawn to the subject, in order that proper measures may be taken by the Government, I have drawn up the following resolution:--

_Resolved_, That the Secretary of State be directed to lay
before this House a return of the number of American seamen
who have been impressed or detained by the ships of war, or
privateers of Great Britain, whose names have been reported to
the Department of State since the statement was made to the
House at the last session of Congress, mentioning the names of
the persons impressed, with the names of the ships and vessels
by which they were impressed, and the time of the impressment,
together with any facts and circumstances in relation to the
same which may have been reported to him; stating, also,
the whole number of American seamen impressed, from the
commencement of the present war in Europe, and including, in a
separate column, the number of passengers, if any, who may have
been taken out of American vessels coming to the United States
from Europe.

Mr. ELLIOT said that, in seconding the motion of the gentleman from Massachusetts, he felt it a duty to express a hope that the resolution would not only be adopted with perfect unanimity, but that we should no longer stop at the precise point of the adoption of a simple resolution, calling for information on this interesting subject. The information which was laid before the House at the last session, with that which has since been derived from the public papers, has produced a loud expression of public indignation, which it is our duty to echo with energy. To prefer every consequence to insult and habitual wrong, is a sentiment of the Executive, which has been admitted even by its opponents to be correct and honorable. Has the time arrived when it has become indispensably necessary to reduce this principle to practice? Do we suffer insult and habitual wrong? Our merchants call loudly for the redress of injuries. I hope we shall redress them. Let us extend to them the arm of national protection, but let us extend it also to another class of injured citizens; while we give it to the rich, let us not withhold it from the poor. The groans of our impressed fellow-citizens mingle with the murmurs of every gale from the ocean! The queen of that element ought no longer to be suffered to bespangle her diadem with the tears of American seamen, or to substitute her will and her interest for the laws of nature and of nations. It is to be hoped that, upon this subject, we shall take an attitude worthy of the nation--an attitude not to be abandoned but by obtaining complete justice.

The resolution was then agreed to unanimously.

THURSDAY, January 9.

_Naval Peace Establishment._

Mr. GREGG, from the committee appointed on so much of the President’s Message as relates to a Naval Peace Establishment, having obtained leave, submitted a bill in addition to an act, entitled an act supplementary to the act providing for a Naval Peace Establishment, and for other purposes; which was referred to a Committee of the whole House on Tuesday.

[This bill repeals the second and fourth sections of the act recited in the title, authorizes the President to keep in actual service in time of peace so many of the frigates and other public armed vessels, as in his judgment the nature of the service may require, and to cause the residue to be laid up in ordinary, in convenient ports--directs the public armed vessels in actual service in time of peace to be officered and manned as the President shall direct, provided that the officers shall not exceed thirteen captains, nine masters commandant, seventy-two lieutenants, and one hundred and fifty midshipmen, who are to receive no more than half their monthly pay while not under orders for actual service, and provided that the whole number of able seamen, ordinary seamen, and boys, shall not exceed nine hundred and twenty-five; the President being at liberty to appoint for the vessels in actual service, as many surgeons, surgeons’ mates, sailingmasters, chaplains, pursers, boatswains, gunners, sailmakers, and carpenters, as may in his opinion be necessary.]

TUESDAY, January 14.

The House commenced their proceedings this morning, at eleven o’clock, in secret sitting, having yesterday adjourned while the doors continued closed, and while confidential business was depending.

The House continued sitting until three o’clock, when the doors were opened, and an adjournment ensued.

FRIDAY, January 17.

_Indiana Territory--Slavery._

A memorial and petitions of sundry inhabitants of the counties of Randolph and St. Clair, in the Indiana Territory, were presented to the House and read, suggesting the expediency of a division of the Indiana Territory, and the erection into a separate Territorial government of a part thereof; of the formation of a Western State; of the admission of slavery into the said Territory, either unconditional or under such restrictions as Congress may impose; and, also, praying redress against certain oppressive acts of the Executive authority of the said Territory.--Referred to the committee appointed, on the nineteenth ultimo, on a letter from William Henry Harrison, Governor of the Indiana Territory.

MONDAY, January 20.

_Importation of Slaves._

The House resolved itself into a Committee of the Whole on a motion of the tenth ultimo, “for imposing a tax or duty of ten dollars per head upon all slaves hereafter imported into any of the United States.”

Mr. SLOAN said, he would not take up much of the time of the House in discussing a resolution, the object of which was so plain as rendered it scarcely possible to elucidate it. He would read that section of the constitution which gave Congress the power of legislating on this subject, which was so clear as to require nothing to be said in addition to it.

The ninth section of the first article is in these words:

“The migration or importation of such persons as any of the
States now existing shall think proper to admit, shall not be
prohibited by the Congress, prior to the year 1808; but a tax
or duty may be imposed on such importation, not exceeding ten
dollars for each person.”

I conceive, said Mr. SLOAN, that, by this article, slaves are made an article of importation, in common with other articles imported. Congress have the same power to lay a tax of ten dollars a head on them, as they have to lay an unlimited tax on every other imported article. I presume every member of this committee has duly considered the subject, and has made up his mind on the expediency of the resolution. For my own part I can see no reason why this article of importation should remain without duty, while all others pay one. For these reasons I hope the committee will agree to the resolution.

The article of the constitution, together with the resolution, having been read at the request of Mr. DANA, he called upon the mover of the resolution to assign his reasons for using the word _slaves_ instead of the word _persons_, the term used in the constitution.

Mr. CLARK hoped the committee would not agree to the resolution. He was no advocate for a system of slavery; but he supposed the adoption of this resolution could only be considered as expressing the opinion of Congress, of the impropriety of importing slaves. As to the revenue to be raised, it was too inconsiderable to be worthy of any attention. He was opposed to the resolution, because it appeared to him that it would be partial in its operation, inasmuch as there were only two States, South Carolina and Georgia, which did not prohibit the importation of slaves, at which it must consequently be considered as levelled. The more he reflected on the subject, the more he doubted the propriety of that species of legislation which bore exclusively on a particular section of the United States, nor did it become the Government of the United States to interfere with the internal police of the States, which were, in this respect, sovereign and independent. For these reasons, he trusted the resolution would not prevail.

Mr. EARLY rose barely to correct the gentleman from Virginia, (Mr. CLARK,) in the remark he had made relative to the State of Georgia. There existed no law in that State permitting the importation of slaves; on the contrary, there was an article in their constitution prohibiting it.

Mr. MARION said, this was to be considered as a question of revenue. With regard to the policy of importing slaves, that was left, until the year 1808, exclusively to the States. If this resolution was intended to express the disapprobation of the General Government of the legitimate act of a particular State, he should deem it proper. As well might Congress undertake to express its disapprobation of the election of a Governor chosen in a particular State; his objection arose from the partiality and injustice of the resolution. If in operation it was as extensive as it appeared to be in words, or if he thought it would prevent a single slave from being imported into the United States, it should receive his hearty support; but the very limitation of the tax by the constitution to ten dollars, was intended to prevent Congress from laying a duty which should prevent the importation; it could not, therefore, prevent the importation of a single slave. It followed that revenue could be the only object. Whether, for this alone, we should lay a tax that would fall exclusively on one State, was worthy of consideration. That State already bore her full proportion of the public burdens, and even more than her proportion. In point of numbers, she contained about one-sixteenth part of the Union, and therefore, on the basis of numbers, ought not to be called on to pay a quota of more than six per centum on the whole amount of taxes. Her quota, on the principle on which direct taxes were imposed, ought not to be more than four per centum and four hundredths. On examination, it will be found that the duties paid in South Carolina on imported articles, amount to between one-thirteenth and one-fourteenth part of the whole duties paid into the Treasury, which is between seven and eight per cent. of the whole. When it is considered that no goods are imported into South Carolina for the consumption of the other States, for it was known, Mr. M. said, from the operation of causes which he would not undertake to explain, that goods were considerably higher in Charleston than in the other States, and that, consequently, a cheaper supply of goods could be obtained from other States than from South Carolina; and when, to this circumstance, it was added that South Carolina paid her portion of duties on East India goods, which she derived from the importation of other States, it would be found that she paid a still higher proportion of duties. Under these considerations are Congress prepared to lay a duty on her alone, for such it certainly was? Coming from the State he did, Mr. M. said it might be supposed he was personally interested in this question; but the fact was, he was as free to act on it as any other member of the House. He had uniformly opposed the importation of slaves, and were he to collect the sentiments of his constituents from the vote of their immediate Representatives on a recent occasion, it would be found that a majority of them were likewise opposed to it. As to himself, he was, in truth, individually interested in preventing the importation of slaves. He never had purchased, nor should he ever purchase a slave. The greater, therefore, the restriction imposed on the importation, the more would it raise the value of those he possessed.

Mr. SOUTHARD declared himself in favor of the resolution. His only regret was, that it was not in the power of Congress to lay a more effectual tax. He thought Congress had a right to declare their opinion of a practice so injurious to the country. The idea was held up in the constitution that slaves were a proper object of taxation. He believed the tax would prevent few persons from being imported. About two years ago a similar resolution had been agitated in this House. It was then said the Legislature of South Carolina were in session, and that there was a great probability of their repealing the obnoxious law. On this ground the consideration of the resolution was postponed. Last session, a similar resolution was brought forward, and was, owing to a pressure of business, again postponed. Mr. SOUTHARD said there was no doubt, if the resolution had been acted upon two years ago, and Congress had exercised their constitutional power, it would have prevented a vast number of slaves from being imported. It is said, however, that this resolution will operate partially on South Carolina, but it has not South Carolina particularly in view, but principle; and if that principle be correct, let it operate where it may, let the people of South Carolina feel the weight of it; it is right they should. As the proposed tax may prevent a few, perhaps a single one of these miserable creatures from being torn from the bosom of their family and country, in violation of the ties of nature and the principles of justice, the time of Congress will be well taken up in imposing it, nor has any State a right to complain of such treatment; for, if the traffic is profitable, they can well afford to pay for it. Mr S. concluded, by declaring that, not revenue, but an expression of the national sentiment was his principal object.

Mr. DANA said, that black men were not the only men imported into the United States. If the object of this tax was only to obtain revenue, (and it really appeared to him that we wanted all the revenue we could get,) it might, perhaps, be right to get as much revenue as possible from the importation of men. To have this point elucidated, and to learn the precise grounds of the mover in offering this resolution, he moved to substitute the word _persons_, in lieu of the word _slaves_.