Chapter I: A. Coles (25)

I will first call the attention of the Senate to the ability and strength of the nation we are about, by this bill, to declare war against. Gentlemen ought to recollect, that Great Britain has been almost constantly engaged in war for twenty years past against one of the most powerful nations that ever existed; and for a considerable part of that time, the energies of her enemy have been directed by war's favorite genius--NAPOLEON, who has succeeded in uniting nearly the whole force of the Continent of Europe against her: against that very nation which we are about to assail; and what has been the effect? Is Great Britain less powerful now, than she was twenty years ago? No, sir, this constant warfare has increased her powers instead of diminishing them. At the commencement of the war, France was nearly her equal on the ocean, and several other nations of Europe maintained a powerful naval force. But what is their situation at present? Has not Great Britain driven them all from the ocean? And does she not remain sole mistress? I ask gentlemen, if her ability to carry on a distant war by land or sea, has diminished? The answer must be that it has increased with her navy, and extended with her dominion. Great Britain now commands the strength and resources of most of the West India Islands, and many of the islands in the Indian Ocean. She controls the destinies of more than thirty millions of people on the Continent of Asia. And she has, at this time, or will have, if we engage in a war with her, the exclusive benefit of the trade of the world; and under these circumstances possesses the ability to carry on a war in distant countries across the ocean, beyond any nation ever heard of.

These considerations, Mr. President, lead me to the view of our situation and means of defence, and of our ability to carry immediate war into the colonies of Upper and Lower Canada. I will first consider the situation of our maritime frontier, beginning at New Orleans, and examine the situation of that place. We learn from the War Office that there is _little_ rising of one hundred regular troops stationed near the city for its defence. Now I will ask any gentleman if that paltry force is sufficient for that object; and if it will not be in the power of the British to take possession of that city within sixty days after your declaration of war against them? If gentlemen calculate on the goodness and forbearance of the enemy, I think they will be deceived. Great Britain is a wily, active nation. She has been trained to war. She will not measure her steps and movements by ours; if we are not prepared to defend our seaports, she will not wait until we are; and should she get possession of New Orleans, it will cost much blood and treasure to dislodge her. Passing northerly along our coast, let us see what is the situation of our most valuable cities. Charleston and Norfolk, as well as many other places of less consequence, are found exposed to maritime attacks. And when we reach the city of New York (the nation's great emporium of trade) do we, on viewing its situation, and strength of the public works for its defence, find it in a perfect state of security? No, sir, unless the greatest part of your frigates are stationed there, to aid your fortifications, and gunboats, it will fall a prey to the enemy. It can be assailed by a small fleet, with every prospect of success. The only resistance they would meet with would be in passing the fortifications on Staten Island, and perhaps a few shots from Bedlow's and Ellis's Islands. They might soon place themselves abreast the works at the upper end of the city, the weakest of them all. And I have no doubt two seventy-fours might silence this work in twenty or thirty minutes. They would then meet with no other resistance than from travelling guns on the shore and from the docks. The result would probably be, that the city would be set on fire, or a contribution extorted from its inhabitants. I will now pass on to Rhode Island. Does the prospect of security there flatter us? No, sir. I am told by competent judges that nothing short of a force of from three to five thousand men can defend that island. Boston, it is said, can be defended, and is, perhaps, the only secure place of considerable consequence on the seaboard. In viewing the situation along the province of Maine, and our northern frontier up the river St. Lawrence, and the Lakes to Fort Malden, and from thence to the Mississippi, do we not find almost every point and place where there are inhabitants, subject to the incursions of the enemy? Have they not more troops on and near the line than we have? Yes, sir, they have ten to our one, and a militia which the Government of Canada have been fully vigilant in training. I understand that ever since the prospect of war began to thicken in the political horizon, they have trained their militia three or four times a month, and have paid them daily wages for their services. Not so, sir, with our militia--they have, it is true, been called into the public service to do the duty of regular troops; and what is now their situation? Sixteen hundred of the militia of the State of New York have been ordered into public service, on the frontiers of that State, and have, as I am informed, marched to their place of destination. There we find exhibiting a spectacle that would wound the feelings of the most callous man--_without hats, without blankets to cover them, without camp-kettles to cook the miserable provisions furnished them by the Government contractors or any one necessary for camp equipage_. _Their officers with the utmost difficulty preventing their marching home for self-preservation._ Here, Mr. President, I wish to call the attention of the Senate to the propriety and constitutionality of calling out this detachment of militia at a time when no enemy menaced an invasion. The constitution only authorizes the General Government to call out the militia to suppress insurrection, enforce the laws, and repel invasion. And I would ask whether either of these events had happened when this corps of militia were ordered out? No. It is well known that no such emergency existed. But they have this miserable consolation, that they are to receive six dollars and two-thirds a month for their services, finding their own clothes, arms and accoutrements. I do not mention these things with a wish to discourage the militia from serving their country when necessary, nor do I believe defending them in their constitutional rights will have that effect, for I am fully aware that there is no class of citizens more patriotic or willing to defend their country than they are, and will be so found when the safety of it shall really demand their services.

I will now resume the consideration of our situation upon the Lakes to Detroit and Fort Malden. Here it must be remembered that the British command the Lakes. We are told that Governor Hull is marching to the defence of Detroit with twelve hundred militia from the State of Ohio, together with four hundred regular troops, formed and disciplined for action by the brave Colonel Boyd. These troops, I hope, will be better supplied and provided for than those on the frontier of New York. It is whispered by some of the favorites who are suffered to know the projects of our Government, that the British have sent a part of their regular troops, together with a number of Indians, from Fort Malden to Fort Erie, near the Falls of Niagara; and this is taken as certain evidence of the weakness of the garrison at Fort Malden, and that that fort may consequently be surprised and taken by Governor Hull with little difficulty. Now, I draw the exact contrary conclusion from this circumstance; for the British must have known that Governor Hull was on his march to Detroit; and if they had been weak at Fort Malden they never would have detached part of their force and sent it to the aid of Fort Erie. But presuming they had not heard of Governor Hull's march, and that they had left that fort comparatively defenceless, they will assuredly learn it soon enough to have the detachment return by water before Governor Hull can reach Malden. And if in the attempt to take Fort Malden, Governor Hull should meet with a defeat, the consequences will be alarming; for no reinforcement can be sent him, nor any assistance afforded soon enough to prevent a disastrous termination of the expedition. In that case the British, with a partial aid from the Indians, might cross the river and take possession of Detroit; and if they should then obtain the assistance of the Indians generally, it will be in their power to drive in all the frontier settlements of Ohio; and there can be little doubt when this war is once commenced that nearly all the Indians will flock to the British standard.

MONDAY, June 15.

The Senate resumed the consideration of the bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," together with the motion made by Mr. GERMAN to postpone the further consideration thereof until the first Monday in November next:

And on the question to agree to the motion, it was determined in the negative--yeas 10, nays 22, as follows:

YEAS.--Messrs. Bayard, Dana, German, Gilman, Goodrich, Horsey,
Hunter, Lambert, Lloyd, and Reed.

NAYS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Gregg,
Howell, Leib, Pope, Robinson, Smith of Maryland, Smith of New
York, Tait, Taylor Turner, Varnum, and Worthington.

On motion, by Mr. LEIB, to amend the bill, as follows:

[The amendment was to authorize privateering both against Great
Britain and France.]

On the question. Shall this bill pass to a third reading as amended? it was determined in the affirmative--yeas 19, nays 13, as follows:

YEAS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Cutts, Franklin, Gaillard, Giles, Gregg,
Leib, Robinson, Smith of Maryland, Smith of New York, Tait,
Taylor, Turner, and Varnum.

NAYS.--Messrs. Bayard, Dana, German, Gilman, Goodrich, Horsey,
Howell, Hunter, Lambert, Lloyd, Pope, Reed, and Worthington.

TUESDAY, June 16.

_Declaration of War._

The amendments to the bill from the House of Representatives, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," were reported by the committee correctly engrossed.

Mr. BAYARD moved to postpone the further consideration of the bill to the thirty-first day of October next.

The motion did not oppose or deny the sufficiency of the causes, or the policy of the war. It went only to affirm what he trusted the course of his observations would render very evident, that this was not a time at which war ought to be declared.

He indulged a confidence, that upon so great an occasion the Senate would not be impelled to act by any little passions, nor by any considerations which did not arise out of an extended and distinct view of the interests of the country. It is not enough that we have cause of war; we must see that we are prepared, and in a condition to make war. You do not go to war for the benefit of your enemy, but your own advantage; not to give proofs of a vain and heedless courage, but to assert your rights and redress your wrongs. If you commence hostilities before you are prepared to strike a blow, and while your cities, your territory, and your property on the ocean, are exposed to the mercy of a Government possessing vast resources of war, what can you expect but to add new distresses, defeat, and disgrace to the wrongs of which you complain? It is a strange motive for war--a wish to gratify the rapacity, to swell the triumphs, and to increase the insolence of the enemy.

Mr. B. said, that neither the Government nor the people had expected, or were prepared for war. Even at this moment, the general opinion abroad was, that there would be no war, the mercantile and trading world had continued to act upon that opinion. Nor could people be persuaded that an unarmed nation was about to attack a nation armed cap-a-pie. No man had laid out his account for this war, and every one would be taken by surprise and unprepared for its shock.

You have at this moment an immense property abroad, a great portion of it in England, and part floating on the ocean and hastening to your ports. The postponement proposed might save a great portion of this property, and bring home the seamen now absent from the country. Gentlemen would remember the number of ships which left our ports on the eve of an embargo. These vessels had not had time to perform their voyages, and the greater part of them were still abroad. He knew that some members had no commiseration for the merchant who had dared to escape the embargo, and who had disregarded the salutary precautions, designed, as it was said, for his security. But he did not think it surprising, nor culpable, that those whose property consisted in ships, should be averse to seeing them rotting at the wharves, and even disposed to incur risks to find employment for them abroad.

Even, however, if it should be thought that the merchants had acted with indiscretion and folly, it is the part of a parental Government, such as this ought always to be, not to punish the citizens for their misfortunes, but to guard them against the effect of their errors. Besides, a loss of individual property was a loss to the State, as the public strength was derived from individual resources.

He stated that the question of war had been doubtful till the present moment. He did not believe that the President himself expected war at the opening of the session, nor for a long time after. A menacing language was held out; but the hopes of an accommodation were far from being abandoned. Much was expected from the Prince Regent's accession to his full powers. A change of Ministry was not doubted, and it was thought that in the change of men, there would have been found such a change of principles and measures, that the differences between the two Governments might be compromised and settled. This expectation was protracted till it became plainly evident that the Prince did not intend to change his father's Ministers, nor to depart from their principles or measures. When this discovery was made, the Administration had proceeded too far to recede.

Desperate as the course was which now alone remained to be pursued, they supposed they were obliged to advance or become the object of reproach and scorn both to friends and foes. This necessity they had brought upon themselves, but it was too late to consider whether the condition might have been avoided; they were pledged in this state of events to attempt to extort from Great Britain by force the concession of those points which their arguments had failed in persuading her to yield. He had no doubt but that, some months past, the Cabinet had seriously determined upon resorting to hostilities. But the concurrence of Congress was to be obtained, and whether a majority of both Houses could be brought to take the daring and hazardous step, no man in or out of the Government, without the gift of prophecy, could have predicted.

The public mind had been so repeatedly distracted and deceived by boisterous speeches, and bold but ephemeral resolutions, that it had sunk into a state of apathy, and was no longer excited even by the sound of war echoed in the ministerial paper from the proceedings of Government. When the bill before us was first brought up from the other House, it was the opinion of very few that it would obtain the support of a majority of this body; and, even now, it was likely to pass, not because it was approved by a majority, but of the differences of opinion which existed among gentlemen as to other courses which had been proposed.

If, with the light and information possessed in this body as to the views and designs of the Cabinet and of Congress, it has been doubtful among ourselves whether the Government would resort to war, how was it to be known by our merchants, or any other class of society unacquainted with the intentions and secret proceedings of those exercising the powers of the Government, that the nation would be wantonly plunged into a sudden war?

He had heard it said, that the embargo was a sufficient notice of the design of the Government to resort to hostilities upon its expiration, and that the people must be infatuated, who, after such warning, were not apprised of the approaching crisis. But it is too recently and deeply in our recollection to be forgotten, that this is not the first embargo we have experienced, and which, though of longer duration, we saw pass away without being followed by war.

The language held there, as to people out of doors who have doubted of the war, is retorted by the public voice with equal confidence and on better grounds. They rely upon your integrity and wisdom, and say that Congress cannot be so infatuated, destitute as they are of the means of aggression or defence, to draw upon themselves a war with one of the most powerful and formidable nations on the globe. If a war with Great Britain be thought unavoidable, yet, as she leaves to us the time of commencing it, surely we ought to select that time when the first shock shall be least disastrous, and can best be resisted. Why should we hurry into a war from which nothing but calamity can be expected? There is no danger that the redress of our wrongs, or the assertion of our rights, will be barred by the limitation of time. No time has existed for years past when we had less cause to complain of the conduct of Great Britain. Her vessels of war had all been withdrawn from our coast, as he presumed, in order to avoid collisions and hostility. If the war be suspended till November, the Government and the people will both be better prepared to sustain it. He was not a friend to the restrictive system, but with a choice out of evils, he should prefer the embargo to war. Postpone the war, and we will submit to the embargo till November. This will furnish time for the return of your ships and seamen; and if, at the same time, you will abandon the non-importation act, you will replenish your Treasury with at least twelve millions of dollars, and restore to your citizens sixty millions now abroad, and in danger of being lost. It appeared to him that the course which had been pursued was the most preposterous imaginable. For eighteen months past, we had been sending our property out of the country, and not suffering it to return; and, while contemplating a war with Great Britain, we saw our effects to an immense amount accumulating in that kingdom, liable at any moment, to fall a prey to the Government, and to be employed in support of the war against us. He asked, why rush with this precipitancy into the war? Are you provided with means to annoy the enemy, or to defend yourselves? Have you an army or navy which can make any impression? Are your exposed towns fortified and garrisoned? Was any nation ever less prepared for war? It would require the whole military force that you now possess to constitute an adequate defence for New Orleans, New York, and Newport. It is very well known that the General who will command at New Orleans has declared to the Government, that he will not be answerable for the security of the place with less force than ten thousand men, which is equal to all the effective troops yet raised. It would be natural to suppose that no Government would declare war till it was prepared to attack its enemy. In peace we require no defence, and shall we declare war in order to defend ourselves? But what blow are you prepared to strike? Were you able in the summer to recruit your army of twenty-five thousand men, could it be employed in any service in the course of this year? A soldier is not made in a day. The authority of a foreign officer, now in this country, of the highest military reputation, he had heard frequently cited, that it required at least fourteen months to form a soldier of a recruit. This remark applied to France, where the officers have generally received a military education, and where there are so many models to imitate, and so many instructors to teach. But here the officer is to form as well as the soldier. The officer has to learn his lesson first, before he can prescribe the task of the soldier. You may possibly have a herd of men, but you can have no army to lead into service this season; and if this herd be led against disciplined troops, you can expect nothing but defeat and disgrace.

But you have not got, nor can you get the men during the present year. These are not the days of Cadmus. It will require great patience and industry, and a considerable length of time, to collect twenty-five thousand men. Have you the least prospect, if you declare war, of attacking Canada this season? It is impossible that you can do it with effect. You will be sufficiently occupied in defending your frontiers against the savages.

It is not on land then that you expect immediately to assail your enemy. Is it on the ocean that the impression is to be made? You have twenty vessels of war--Britain upwards of a thousand. What will avail the activity or gallantry of your officers and seamen against such disparity of force? Your little Navy must fall immediately, or be driven from the ocean. Some gentlemen indulge great expectations from privateers; but has Great Britain any unarmed or unprotected trade which they can attack? Privateers have no other object than plunder and booty. They avoid armed vessels--and, defended as is the British commerce in every part of the world by her great naval force, it is little to be expected that privateering will be attended with much success or encouragement. But while we are searching for the means of annoying the commerce of Britain, does it become us to overlook at this moment the condition of our own? A valuable part of the trade from beyond the Cape of Good Hope has not yet arrived. Of the numberless vessels which sailed upon the eve of the embargo, few have returned. Your merchant vessels are without convoy and utterly defenceless. Your condition, therefore, is, that with more commerce exposed, your adversary will possess greater means of annoyance, and the consequence must be, that we shall lose infinitely more than we can expect to gain.

Under such circumstances, what should hurry us into the war? Are gentlemen afraid if they wait till November the world will not last long enough to afford them time to gratify in war their mighty resentment against Britain? He believed, as he hoped, that there was no honorable gentleman on the floor who would not live long enough to have a complete surfeit of the war, though it should be postponed for a few months.

The question on postponement was determined in the negative--yeas 11, nays 21.

On motion, by Mr. BAYARD, to postpone the further consideration of the bill to the third day of July next, it was determined in the negative--yeas 9, nays 23.

On motion by Mr. BAYARD, to postpone the further consideration of the bill to Monday next, it was determined in the negative--yeas 15, nays 17.

On motion, that the Senate adjourn, it was determined in the affirmative--yeas 18, nays 14.

So the Senate adjourned to 11 o'clock to-morrow.

THURSDAY, June 18.

On motion, by Mr. Varnum,

_Resolved_, That the injunction of secrecy, in relation to the confidential Message of the President of the United States of the first instant, and also in relation to the private and confidential proceedings of the Senate since that date, be removed.

[_End of the confidential proceedings._]

FRIDAY, June 26.

_Treasury Notes._

The amendment to the bill, entitled "An act authorizing the issuing of Treasury Notes," was reported by the committee correctly engrossed, and the bill was read a third time as amended.

On the question, Shall this bill pass as amended? it was determined in the affirmative--yeas 23, nays 8, as follows:

YEAS.--Messrs. Anderson, Bibb, Bradley, Brent, Campbell of
Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Giles,
Gregg, Howell, Lambert, Leib, Reed, Robinson, Smith of New
York, Tait, Taylor, Turner, Varnum, and Worthington.

NAYS.--Messrs. Bayard, Dana, German, Gilman, Goodrich, Hunter,
Lloyd, and Pope.

SUNDAY, July 5.

_Volunteers Bill._

The amendment to the bill, entitled "An act supplementary to the act, entitled 'An act authorizing the President of the United States to accept and organize certain volunteer military corps,'" having been reported by the committee correctly engrossed, the bill was read a third time as amended.

On the question, Shall this bill pass as amended? it was determined in the affirmative--yeas 14, nays 6, as follows:

YEAS.--Messrs. Anderson, Bibb, Brent, Condit, Crawford,
Franklin, Gaillard, Giles, Howell, Robinson, Smith of New York,
Tait, Taylor, and Varnum.

NAYS.--Messrs. Bayard, Gilman, Goodrich, Leib, Lloyd, and Smith
of Maryland.

So it was resolved, that this bill pass with an amendment.

MONDAY, July 6, _6 o'clock, p.m._

_Recess of Congress, and adjournment._

The Senate proceeded to consider the resolution from the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and notify him of the intended recess, and concurred therein, and Messrs. ROBINSON and ANDERSON were appointed a committee on the part of the Senate.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate of the United States_:

I transmit to the Senate copies and extracts of documents in
the archives of the Department of State, falling within the
purview of their resolution of the fourth instant, on the
subject of British impressments from American vessels. The
information, though voluminous, might have been enlarged with
more time for research and preparation. In some instances
it might, at the same time, have been abridged, but for the
difficulty of separating the matter extraneous to the immediate
object of the resolution.

JULY 6, 1812.

JAMES MADISON.

The Message and documents were read, and ordered to be printed for the use of the Senate.

A message from the House of Representatives informed the Senate, that the House, having finished the business before them, are about to adjourn.

Mr. ROBINSON, from the committee, reported that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.

_Ordered_: That the Secretary inform the House of Representatives that the Senate, having finished the legislative business before them, are about to adjourn.

Agreeably to the joint resolution, the PRESIDENT then adjourned the Senate, to meet on the first Monday in November next.

_Executive Proceedings._

[Confidential.]

SATURDAY, June 20, 1812.

A message from the House of Representatives, by Mr. HARPER and Mr. FISK, two of their members--Mr. HARPER, chairman.

_Mr. President_: The House of Representatives have passed a "resolution authorizing the President of the United States to issue a proclamation to the inhabitants of the British American Continental Provinces," in which they request the concurrence of the Senate.

The resolution was read, as follows:

_Resolved by the Senate and House of Representatives of the
United States of America, in Congress assembled_, That in
case it shall be deemed necessary, in order to vindicate the
just rights, or to secure the safety of the United States, to
invade the provinces of Upper and Lower Canada, Nova Scotia,
and New Brunswick, or either of them, the President of the
United States be, and he hereby is authorized and empowered
to issue a proclamation, addressed to the inhabitants of said
provinces, assuring them, in the name of the people of these
States, that in case the said provinces, or any of them, shall
come into the possession of this Government, the inhabitants
of such province or provinces shall be secured and protected
in the full enjoyment of their lives, liberty, property, and
religion, in as full and ample manner as the same are secured
to the people of the United States by their constitutions; and
that the said proclamation be promulgated and circulated, in
the manner which, in the opinion of the President, shall be
best calculated to give it general publicity.

_Ordered_, That the resolution pass to a second reading.

FRIDAY, June 26.

_Occupation of the Floridas._

A message from the House of Representatives by Messrs. MITCHILL and HALL, two of their members.

_Mr. President_: The House of Representatives have passed a bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," in which they request the concurrence of the Senate, and that the bill be considered confidentially.

The bill last brought up for concurrence was read, as follows:

"An Act authorizing the President to take possession of a tract
of country lying south of the Mississippi Territory and of the
State of Georgia, and for other purposes.

"_Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled_: That the
President be, and he is hereby authorized to occupy and hold,
the whole or any part of East Florida, including Amelia Island,
and also those parts of West Florida which are not now in
possession and under the jurisdiction of the United States.

"SEC. 2. _And be it further enacted_: That, for the purpose of
occupying and holding the country aforesaid, and of affording
protection to the inhabitants, under the authority of the
United States, the President may employ such parts of the
military and naval force of the United States as he may deem
necessary.

"SEC. 3. _And be it further enacted_: That, for defraying the
necessary expenses, one hundred thousand dollars are hereby
appropriated, to be paid out of any moneys in the Treasury
not otherwise appropriated, and to be applied to the purposes
aforesaid, under the direction of the President.

"SEC. 4. _And be it further enacted_: That, until further
provision shall be made by Congress, the President shall be,
and he hereby is empowered to establish within the country he
may acquire by this act, a temporary government, the civil
and military authorities of which shall be vested in such
person and persons as he may appoint, and be exercised in such
manner as he may direct: _Provided_: That he shall take due
care for the preservation of social order, and for securing to
the inhabitants the enjoyment of their personal rights, their
religion, and their property: _And provided, also_: That the
section of country herein designated, that is situated to the
Eastward of the river Perdido, may be the subject of further
negotiation."

_Ordered_: That it pass to a second reading.

THURSDAY, July 2.

Agreeably to the order of the day, the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," was resumed, and considered as in Committee of the Whole; and Mr. GAILLARD was requested to take the Chair.

On motion by Mr. CRAWFORD, he was permitted to amend his motion, made yesterday, as follows:

"_And be it further enacted_: That if the United States, in
the prosecution of the present war against the United Kingdom
of Great Britain and Ireland, should obtain possession of
the British provinces in North America, or either of them,
that the President of the United States be, and he is hereby
authorized and empowered to establish within the same a
temporary government; and the military, civil, and judicial
powers thereof, shall be vested in such person and persons,
and be exercised in such manner as he may direct, for the
protection and maintenance of the inhabitants of such province
or provinces, in the full enjoyment of their property, liberty,
and religion: _Provided_: That the principles upon which such
temporary government shall be established, shall form no
obstacle to the restoration of peace between the two nations."

And, on motion to agree to the amendment, it was determined in the affirmative--yeas 20, nays 10, as follows:

YEAS.--Messrs. Anderson, Bibb, Bradley, Brent, Campbell of
Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard, Giles,
Howell, Leib, Pope, Robinson, Tait, Taylor, Turner, Varnum, and
Worthington.

NAYS.--Messrs. Bayard, German, Gilman, Goodrich, Horsey,
Hunter, Lambert, Lloyd, Smith of Maryland, and Smith of New
York.

On motion, by Mr. TAIT, to amend the bill as follows:

"_And be it further enacted_: That this act be not printed or published, unless directed by the President of the United States; any law or usage to the contrary notwithstanding."

On the question to agree to this amendment, it was determined in the affirmative--yeas 23, nays 7, as follows:

YEAS.--Messrs. Anderson, Bayard, Bibb, Bradley, Brent, Campbell
of Tennessee, Condit, Crawford, Cutts, Franklin, Gaillard,
Giles, Howell, Leib, Pope, Robinson, Smith of Maryland, Smith
of New York, Tait, Taylor, Turner, Varnum, and Worthington.

NAYS.--Messrs. German, Gilman, Goodrich, Horsey, Hunter,
Lambert, and Lloyd.

The President resumed the Chair, and Mr. GAILLARD reported the bill, amended.

On the question: Shall this bill pass to a third reading, as amended? it was determined in the affirmative--yeas 15, nays 13, as follows:

YEAS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Gaillard, Howell, Leib, Robinson, Tait,
Taylor, Turner, Varnum, and Worthington.

NAYS.--Messrs. Bayard, Dana, Franklin, German, Gilman,
Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Smith of
Maryland, and Smith of New York.

FRIDAY, July 3.

The amendments to the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," were reported by the committee correctly engrossed; and the bill was read the third time, as amended.

On motion, by Mr. BAYARD, to postpone the further consideration thereof to the first Monday in November next; it was determined in the negative--yeas 14, nays 16, as follows:

YEAS.--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman,
Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Smith of
Maryland, and Smith of New York.

NAYS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Franklin, Gaillard, Howell, Leib, Robinson,
Tait, Taylor, Turner, Varnum, and Worthington.

On the question, Shall this bill pass as amended? it was determined in the negative--yeas 14, nays 16, as follows:

YEAS.--Messrs. Anderson, Bibb, Brent, Campbell of Tennessee,
Condit, Crawford, Franklin, Gaillard, Robinson, Tait, Taylor,
Turner, Varnum, and Worthington.

NAYS.--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman,
Goodrich, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope,
Smith of Maryland, and Smith of New York.

So it was _Resolved_, That the Senate do not concur in the said bill.

FOOTNOTES:

[12] LIST OF MEMBERS OF THE SENATE.

_New Hampshire._--Nicholas Gilman, Charles Cutts.
_Massachusetts._--Joseph B. Varnum, James Lloyd.
_Rhode Island._--Jeremiah B. Howell, William Hunter.
_Connecticut._--Chauncey Goodrich, Samuel W. Dana.
_Vermont._--Stephen R. Bradley, Jonathan Robinson.
_New York._--John Smith, Obadiah German.
_New Jersey._--John Condit, John Lambert.
_Pennsylvania._--Andrew Gregg, Michael Leib.
_Delaware._--Outerbridge Horsey, James A. Bayard.
_Maryland._--Samuel Smith, Philip Reed.
_Virginia._--William B. Giles, Richard Brent.
_North Carolina._--Jesse Franklin, James Turner.
_South Carolina._--John Gaillard, John Taylor.
_Georgia._--William H. Crawford, Charles Tait.
_Kentucky._--John Pope, George M. Bibb.
_Tennessee._--Joseph Anderson, George W. Campbell.
_Ohio._--Thomas Worthington, Alexander Campbell.

TWELFTH CONGRESS.--FIRST SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.[13]

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.