Chapter I: A. Coles (37)

"_And be it further enacted_, That so soon as the consent of
the Legislature of said State shall be given to the same, all
that tract of country lying within the following boundaries,
to wit: beginning at the junction of the Iberville, with the
river Mississippi; thence through the middle of the Lakes
Maurepas and Pontchartrain, to the western junction of Pearl
River, to Lake Pontchartrain; thence up said river to the
thirty-first degree of latitude; thence along said degree of
latitude to the river Mississippi; thence down the same to
the beginning; be, and the same is hereby incorporated in,
and made a part of said State, and shall be governed by the
constitution and laws thereof, in the same manner as if it had
been included within the original boundaries of said State.
_Provided, nevertheless_, That the title of the United States
to said tract of country shall be and remain subject to future
negotiation."

Mr. DAWSON said this question had been agitated in the select committee, but it had appeared proper to them that this addition of territory should be made the subject of a separate law. If they went so far, they must go farther still into details. He thought it better that the law accepting the constitution should be as simple as possible.

Mr. CLAY (Speaker) could not view the subject in the same light, he said, as the gentleman from Virginia; and although there had been a division of sentiment in the select committee, there certainly were some members of that committee in favor of the motion. But, could gentlemen imagine any difficulty growing out of making this section a part of the present bill, which would not equally arise if it were put in a separate bill? There could be no difficulty in either way; and in propriety, it appeared to him the course now proposed ought to be pursued. They were about to admit a new State into the Union. Should not the bill, which recognized it, present the whole limits of the State in one view, or would it be better to subject inquirers to the necessity of wading through two or three acts to find out the boundary of a single State? He hoped the motion would prevail.

The motion was agreed to, 47 to 25.

Mr. CLAY said he observed there had been no ordinance passed by the convention recognizing the freedom of navigation of the Mississippi. He had no idea that under any circumstances, the Legislature of the new State would impede the navigation; but the object was one so dear to the people of the Western country generally, that he wished to place it beyond the possibility of doubt.

The amendment was adopted without a division.

Mr. JOHNSON said, that as the matter now stood, the population of the Florida Territory attached to this bill would, although they are to compose a part of the new State, be deprived of a voice in the passage of the first laws, which are always the most important under a new government, and in the choice of Senators in Congress, which would be attended with the greatest hardship, as the population had been unrepresented for some time past, and complained of various grievances. He, therefore, moved an amendment to the bill, to divide the territory to be annexed to Louisiana into two counties, to be called Feliciana and Baton Rouge, each to send one Senator and one Representative.

Mr. POINDEXTER wished the people of that country to be represented as much as the gentleman possibly could; but how could Congress in one breath say they should form a part of the new State as soon as its consent could be had, and in the next section declare, though by the very terms of the law they are not a part of the State, that they shall be represented in the Legislature of the State?

Mr. CLAY said he had understood that a memorial was in the city, and would be presented to the House at the first opportunity, from the Convention of Orleans, praying the annexation of the territory in question to the new State. When that was before them, the committee would be better able to understand how far they could now proceed in sanctioning the representation of that territory in the Louisiana Legislature. He therefore moved that the committee now rise, report progress, and ask leave to sit again.

Agreed to, and the committee rose.

THURSDAY, March 19.

_Disclosures of Mr. Henry._

Mr. PORTER, from the Committee of Foreign Relations, to whom was referred the Message of the President of the United States, transmitting the disclosures of Mr. Henry, a British Secret Agent, made the following report:

The Committee of Foreign Relations, to whom was referred the
President's Message, of the 9th instant, covering copies of
certain documents communicated to him by a Mr. John Henry,
beg leave to report, in part, that although they did not deem
it necessary or proper to go into an investigation of the
authenticity of documents communicated to Congress, on the
responsibility of a co-ordinate branch of the Government, it
may, nevertheless, be satisfactory to the House to be informed
that the original papers, with the evidences relating to
them in possession of the Executive, were submitted to their
examination, and were such as fully to satisfy the committee of
their genuineness.

The circumstances under which the disclosures of Henry were
made to the Government, involving considerations of political
expediency, have prevented the committee from making those
disclosures the basis of any proceeding against him. And, from
the careful concealment, on his part, of every circumstance
which could lead to the discovery and punishment of any
individuals within the United States (should there be any such)
who were criminally connected with him, no distinct object
was presented to the committee by his communication for the
exercise of the power with which they were invested, of sending
for persons and papers. On being informed, however, that there
was a foreigner in the city of Washington, who lately came to
this country from Europe with Henry, and was supposed to be in
his confidence, the committee thought proper to send for him.
His examination, taken under oath and reduced to writing, they
herewith submit to the House.

The transaction disclosed by the President's Message presents
to the mind of the committee conclusive evidence that the
British Government, at a period of peace, and during the most
friendly professions, have been deliberately and perfidiously
pursuing measures to divide these States, and to involve our
citizens in all the guilt of treason, and the horrors of a
civil war. It is not, however, the intention of the committee
to dwell upon a proceeding, which, at all times, and among all
nations, has been considered as one of the most aggravated
character; and which, from the nature of our Government,
depending on a virtuous union of sentiment, ought to be
regarded by us with the deepest abhorrence.

[Document accompanying the above report.]

FRIDAY, March 13.--_Count Edward de Crillon sworn._--This
deponent knows Mr. Henry; he dined with him at Mr. Wellesley
Pole's, in September, and afterwards at Lord Yarmouth's; met
with him also at different fashionable clubs; deponent fell
in with Mr. H. subsequently by accident; deponent had ordered
his servants to procure him a passage for America; they met
with Captain Tracy, of the ship New Galen, of Boston, at the
New London Coffee House. After agreeing with him on the terms
of the passage, Captain T. applied to deponent to know if
he was ready to embark the next day, as the ship would sail
on the following morning; deponent said no; that he should
send his servants on board, but should take a post-chaise
for Portsmouth, and pass over to the Isle of Wight, where
he should wait for the vessel. On the day following he went
accordingly to Portsmouth, but before his departure he received
a letter from Captain Tracy, couched in the following terms:
"Sir, you must go to Ryde, where you shall find a gentleman
called Captain Henry, waiting for the New Galen; I shall send
a boat on shore for both of you." Deponent went to Ryde, but
did not find Captain H. there; thence he proceeded to Cowes,
and inquired of the American Consul "if the New Galen had
passed?" fearing that she had sailed without him. The Consul
informed him that the ship was detained in the Downs by head
winds; deponent returned to Ryde, and remained there three
weeks alone before Captain H. arrived. Captain H. came to him
and told him that the ship was badly found, and advised him
to go to Liverpool and take the packet; deponent refused,
having paid his passage and his trunks being on board. Captain
H. three days after his arrival, fell sick; he kept his bed
twenty-two days, during which time he was often delirious,
frequently uttering the name of Lord Liverpool. The deponent
having two servants, one of them attended on Mr. H. during
his illness. He was visited by Mr. Powell, of Philadelphia,
a Mr. Wilkinson, or Dickson, of the British army, and a Mr.
Perkins, of Boston; he received above two hundred letters from
a Boston house, [Higginsons,] in Finsbury Square, that had
lately stopped payment. He refused to take the letters, giving
them to the Captain. Mr. H. was also visited by a Mr. Bagholt,
who brought him letters from Sir James Craig. Henry refused
to receive those letters. He recovered from his sickness.
Deponent occupying the most agreeable house in the place,
Henry's physicians asked the favor of an apartment for him
until he was ready to embark. After eight weeks' detention,
the wind became fair, and the vessel sailed. The day before
her departure, Mr. Bagholt arrived at Ryde, with letters from
Lord Liverpool to Sir George Prevost, and to Mr. Henry, who,
when he saw the seal of the letter addressed to him, said,
throwing it on the table, "that is a letter from Liverpool;
what more does he want of me?" He appeared to be much agitated,
and retired to his room. Mr. Bagholt returned that night to
London without taking leave; but the wind coming fair the next
morning the ship sailed. Mr. Edward Wyer, and Mr. West, both
of Boston, and a Mrs. Thompson, of London, were passengers in
the ship. Henry at first appeared very low spirited, took a
cabin to himself, and mostly dined alone. In good weather he
employed himself in shooting pistols, at which he was very
expert. One dark night, about ten o'clock, the witness was
walking on deck much dejected, when Henry accosted him--"Count
Crillon," said he, "you have not confidence in me; you are
unhappy; confide your sorrows to me." He spoke so kindly that
deponent made him in part acquainted with his situation. He
replied, "one confidence deserves another; I will now tell you
_my_ situation. I have been very ill-treated by the British
Government. I was born in Ireland, of one of the first families
in that country, poor, because a younger brother. I went to
America with expectations from an uncle, (Daniel McCormick,
Esq., of New York,) who possesses a large fortune, is old and
unmarried. French persecution having exiled from that country
many of the respectable families of France, I married a lady
of that description, who died, and left two daughters without
fortune. I applied to the American Government, and through the
influence of the British Minister I was appointed captain of
artillery during Mr. Adams's Administration. I had command at
Portland, and at the fort near Boston, and while in commission,
I was employed in quelling a meeting or insurrection among the
soldiery, and during my continuance in office I gave general
satisfaction. But perceiving there was no field for my ambition
I purchased an estate in Vermont, near the Canada line, and
there studied law for five years without stirring from home. I
detest republican government, and I filled the newspapers with
essays against it."

SATURDAY, March 14.--_Count C. in continuation._

Deponent says that Henry told him in the course of his
interview, which he mentioned yesterday, that the severity
of his strictures in the public prints against republican
government attracted the attention of the British Government.
"Sir James Craig," continued he, "became desirous of my
acquaintance. He invited me to Quebec, where I staid some
time. Hence I went to Montreal, where every thing I had to
fear, and all I had to hope, was disclosed to me. I went
afterwards to Boston, where I established my usual residence.
I was surrounded by all the people pointed out to me by the
agents who were under my orders. I lived at the Exchange
Coffee House, gave large parties, made excursions into the
country, and received an order extraordinary from Sir James
Craig to dispose of the fleet at Halifax, and of the troops,
to further the object of my mission, if required. My devotion
to the cause was extreme. I exhausted all my funds. I spent
many precious years in the service; and was advised to proceed
to London. The Government treated me with great kindness. I
was received in the highest circles; was complimented with a
ticket as member of the _Pitt Club_, without being balloted
for. And when I had spent all my money, and presented my
claims for retribution, the Government attempted to cheapen
my services, [_marchander_,] to beat me down. My claims were
to the amount of £32,000 sterling. I was told, however, that
I should be provided for, by a recommendation to Sir George
Prevost, in case I would return to Canada, and continue my
mission and services as before; and to exercise the same
vigilance over the interests of the British Government. At
the same time, the Government appointed a friend of mine,
an Irish gentleman, Attorney General for Canada, through
my influence." [Deponent saw this gentleman at Mr. Gilbert
Robertson's in New York.] Henry continued: "Disappointed in my
expectations, I was impatient to proceed to Canada to sell my
estates and my library, and take my revenge against the British
Government. I knew that if I went to Canada I must deliver up
my despatches, and that I should afterwards be put off by the
Government. I, therefore, determined to retain the documents
in my possession, as the instrument of my revenge. Determined
to extricate myself from my embarrassing connection with the
British Government, I refused the offer of a passage to Halifax
in one of their ships of war, and determined to live privately
and retired at Ryde, and take passage in the first vessel that
should sail for the United States. This is the cause of your
meeting me at Ryde."

Deponent represents to Henry, "That England was his legitimate
Government; that he would render himself the most odious of
all characters by betraying it; that his (the deponent's)
Government had treated him harshly, and that he then labored
under its displeasure, but no consideration should induce him
to act against it; that we must not resent a parent's injuries;
tells him to have patience, and wait for his reward." Henry
then pleaded in his justification the wrongs of his native
country--Ireland--inflicted by the British Government.

Henry came down to Washington, and stopped at Tomlinson's,
where deponent saw him. He afterwards removed to Georgetown,
to the house of one Davis, an auctioneer, where the deponent
visited him every day, and found him always occupied. Deponent
waited for his disclosures, not having any disposition to
pry into his secrets; but Henry was entirely silent, and
incessantly sighing very deeply. On the day of General
Blount's funeral, deponent took Henry down to Alexandria, in
expectation that he might communicate his projects; but he was
still reserved. After dinner they returned, and while in the
carriage, Henry tells deponent "that he has great confidence
in him; that he (deponent) has been here some time, and asks
his opinion of Mr. Monroe." Deponent answered that he was very
little acquainted with any body, but thought Mr. Monroe a most
virtuous and respectable man.

Deponent remained several days without hearing any thing more,
until one morning at 7 o'clock, Henry came into his apartment
and said--"Crillon! you must sell me St. Martial," [an estate
of the deponent's in Lebeur, near the Spanish frontier;] "you
have the title papers with you. My name will be rescued from
oblivion by living near _Crillon_, the habitation of your
ancestors, and of a man who has been my friend." Deponent
answered that he had no objection; and, if Henry on seeing the
property was not satisfied, he would give orders to his agent
in France to cancel the bargain. The conveyance was accordingly
made.[27] Henry left deponent, when Mr. Brent, to whom Henry
was not introduced, came into the deponent's apartment. About
this time, deponent received four anonymous threatening
letters, and was advised by his friends that he was surrounded
by spies; but he told them that he had nothing to fear--that
he was "_sans peur et sans reproche_." By one of these letters
I was advised to leave the city before 12 o'clock, as a person
had just arrived from London with orders to arrest me.

Meanwhile rumors circulated very generally to the deponent's
prejudice, and he was under the necessity of vindicating his
character, and of correcting the author of those reports.

The Message of the President gave the deponent the first
intelligence of the true state of the transaction.

Henry told the deponent that a Mr. Gilvary, or Gillivray, from
Quebec, had come to him at New York, to persuade him to go to
Canada; but Henry said "he would not--that the Rubicon was
passed."

Henry kept the first company at Boston.

Being questioned if Henry had mentioned the names of any person
with whom he had conferred? deponent answered "None."

Deponent landed at Boston, December 24, 1811; staid there about
ten or twelve days. Visited Governor Gerry twice.

Question--Do you know where Henry is now?

Answer--No. By report, I hear he is in New York.

Deponent left Boston in the public stage. Henry was also a
passenger. But at New Haven deponent took a private carriage to
himself.

COUNT E. DE CRILLON.

The report having been read, was, on motion of Mr. PORTER ordered to lie on the table.

FRIDAY, March 20.

_Admission of Louisiana._

The bill for the admission of the State of Louisiana into the Union, and to extend the laws of the United States thereto, was read a third time, and passed, without debate--yeas 79, nays 23, as follows:

YEAS.--William Anderson, Stevenson Archer, Ezekiel Bacon, David
Bard, Burwell Bassett, William W. Bibb, William Blackledge,
Adam Boyd, James Breckenridge, Robert Brown, William A.
Burwell, William Butler, Matthew Clay, Lewis Condict, William
Crawford, Roger Davis, John Dawson, Samuel Dinsmoor, William
Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Thomas
R. Gold, Peterson Goodwin, Edwin Gray, Isaiah L. Green, Felix
Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes,
Jacob Hufty, John M. Hyneman, Richard M. Johnson, Philip B.
Key, William R. King, Abner Lacock, Peter Little, William
Lowndes, Aaron Lyle, William McCoy, Samuel McKee, Alexander
McKim, Arunah Metcalf, Samuel L. Mitchill, Jeremiah Morrow,
Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton,
Stephen Ormsby, Israel Pickens, James Pleasants, jr., Benjamin
Pond, William M. Richardson, Henry M. Ridgely, Samuel Ringgold,
John Rhea, John Roane, William Rodman, Ebenezer Sage, Ebenezer
Seaver, Samuel Shaw, Daniel Sheffey, John Smilie, George Smith,
John Smith, Richard Stanford, Samuel Taggart, John Taliaferro,
Uri Tracy, George M. Troup, Charles Turner, junior, Pierre Van
Cortlandt, junior, Robert Whitehill, David R. Williams, Thomas
Wilson, Robert Wright, and Richard Wynn.

NAYS.--Harmanus Bleecker, Epaphroditus Champion, Martin
Chittenden, William Ely, James Emott, Asa Fitch, Richard
Jackson, junior, Lyman Law, Joseph Lewis, junior, Robert Le Roy
Livingston, James Milnor, Jonathan O. Mosely, Joseph Pearson,
Timothy Pitkin, junior, Josiah Quincy, William Reed, Thomas
Sammons, Adam Seybert, Philip Stuart, Lewis B. Sturges,
Benjamin Tallmadge, Laban Wheaton, and Leonard White.

TUESDAY, March 24.

_Limitation of Claims on the Government._

The House proceeded to consider the report of the Committee of the Whole on the following resolution:

"_Resolved_, That it is expedient to make provision by law
for the payment of the following descriptions of claims,
to wit:--1. Loan office certificates; 2. Indents of
interest on public debt; 3. Final settlement certificates;
4. Commissioners' certificates; 5. Army certificates; 6.
Credits given in lieu of army certificates cancelled; 7.
Credits for the pay of the army for which no certificates
were issued; 8. Invalid pensions; 9. Lost or destroyed
certificates--notwithstanding any statute of limitation to
the contrary, under such restrictions as shall insure payment
only to the original claimant, his heirs, executors, or
administrators."

The resolution was agreed to, and referred to the Committee of Claims to bring in a bill pursuant thereto.

_French Spoliations._

Mr. PITKIN said that he held in his hand a statement and representation, on oath, of Captain Samuel Chew, of New Haven, in the State of Connecticut, which he would beg leave to present to the House. Captain Chew states, that he was supercargo on board the brig Thames, and on the 19th of January, 1812, sailed from St. Ubes, bound to New Haven, with a cargo of salt and fruit; that on the 2d of July following, the brig was taken possession of by a French squadron, consisting of two frigates of forty-four guns each, and a sloop of war of sixteen guns, under the command of Commodore Forretin, and that he was told by the officer boarding him, that the brig would be burnt the next morning. That the officers of the squadron informed him that they sailed from Nantes on the 8th of January. That on board the French vessels were the crews of the ship Asia, from Philadelphia, bound to Lisbon, and of the brig Gershom, of Duxbury, last from Boston, bound to Oporto, both laden with corn and flour. That the officers of the squadron informed him, that, on the 17th and 23d of January, they had captured and burnt the ship Asia and brig Gershom. He also states that he inquired of the Commodore the reasons of burning them, and was informed by him that he had orders from the Government to burn all American vessels sailing to or from an enemy's port. That, on the 3d of February, the Commodore put on board the Thames the captains and crews of the vessels burnt, being thirty-seven in number, to be landed in the first port, and that, on the 16th day of July, he landed them at St. Bartholomews. Captain Chew states likewise, that when the Commodore released the Thames, he gave him a document or writing, subscribed with his own hand, and written in the French language, and which is annexed to his statement. This document contains a list of names of the men composing the crews of the vessels captured; it also states that they were captured on voyages from Philadelphia and Boston to Lisbon, laden with grain and flour, by the division under the command of Monsieur Forretin, Member of the Legion of Honor, and that they were captured in pursuance of the instructions of the Minister of Marine and the Colonies.

Mr. P. said that this statement, with the original document annexed, in the French language, and under the hand of the commodore of the squadron, had been forwarded here, for the information of the Government; that the character of Captain Chew was such as to entitle him to full credit wherever he was known. Believing, therefore, as he did, in the truth of these statements, and that the document annexed is genuine, he thought it his duty to present it to the House for their information. The House, after hearing them read, can dispose of them by referring them to the Secretary of State, or otherwise, as they may think proper.

The papers presented by Mr. PITKIN having been read,

Mr. MCKIM moved that they lie on the table until time should be afforded for the arrival of those persons in the United States whose testimony might confirm the facts stated.

Mr. PITKIN also wished them to lie on the table, that they might be examined by gentlemen, and receive that attention to which the importance of their contents might entitle them.

The papers were accordingly ordered to lie on the table.

THURSDAY, April 2.

_Virginia Military Bounty Land._

Mr. NELSON, from the committee to whom the subject had been referred, made a report, concluding with the following resolution:

_Resolved_, That provision should be made for securing to both
officers and soldiers of the Revolutionary army of Virginia
on that establishment, in the land or sea service of the said
State, the county lands which were promised to them, either by
law or resolution of the said Commonwealth, out of the lands
not otherwise appropriated, and lying on the northwest of the
river Ohio, within the Virginia cession, to be of good quality,
according to the true intent and meaning of the promises made
on the part of Virginia; and that if a sufficiency of good
land, within the meaning aforesaid, cannot there be found, that
these bounties shall be satisfied out of any other public lands
of the United States not otherwise appropriated.

The report was referred to a Committee of the Whole.

MONDAY, April 6.

_Publication of Secret Proceedings._

Mr. GRUNDY, from a committee which had been appointed while the House was sitting with closed doors, made the following report:

The committee, to whom was referred the resolution directing
an inquiry to be made, whether there has been any, and if any,
what violation of the secrecy imposed by this House, during
the present session, as to certain of its proceedings, have,
according to order, proceeded in said inquiry, and beg leave to
state, that, under the authority with which they were invested
by the House, they have caused to come before them four
witnesses, whose testimony on oath is as follows, to wit:

Charles Prentiss states that he furnished to the editors of
the "Spirit of Seventy-six," a paper printed in Georgetown,
the paragraph giving an account of the proceedings of the
House of Representatives, while sitting with closed doors,
on the subject of the embargo; and he further says, that he
did not receive the information, or any part thereof, which
enabled him to write said paragraph, from any member of
Congress or officer of the House. Upon being interrogated,
he states that he received the whole of his information from
Nathaniel Rounsavell, one of the editors of the Alexandria
Herald; that he received it on Wednesday late at night, and he
asked of Mr. Rounsavell whether the injunction of secrecy had
been removed. Rounsavell replied that he had not inquired. On
Thursday morning the witness spoke to some of the members on
the subject, and from their conduct he was satisfied that the
injunction of secrecy had not been removed; notwithstanding
which, the witness sent the paragraph above alluded to, to the
editors of the Spirit of Seventy-Six on Thursday.

John M. Carter and James B. Carter, editors of the "Spirit of
Seventy-Six," state that they received from Mr. Prentiss, in
writing, the statement which appeared in their paper; that
they received no information on the subject from any member or
officer of the House.

Nathaniel Rounsavell, upon being interrogated, says he composed
the paragraph which appeared in the Alexandria Herald of Friday
last, containing a statement of the secret proceedings of the
House of Representatives upon the subject of the embargo; that
he on Wednesday night, after the adjournment of the House,
derived a part of the information, on which he was enabled to
give the detailed account, from the conversation of members of
the House with whom he accidentally fell in company; that he
was acquainted with the members, and they with him; they knew
he was present; he partook in some degree in the conversation.

Question by the committee--From the conversation of what
members did you collect the information of which you have
spoken?

The witness refused to answer the interrogatory.

Question 2--At what place was the conversation held?

Witness refused to answer.

Question 3--Have you seen the members alluded to, or any
of them, since you first appeared before this committee on
Saturday last?

Witness likewise refused to answer this interrogatory.

Whereupon it is ordered by the committee that the
Sergeant-at-Arms detain said Rounsavell in his custody until
the pleasure of the House of Representatives relative to the
conduct of said witness can be ascertained.

After the report was read, Mr. GRUNDY offered the following resolution for consideration:

"_Resolved_, That the Sergeant-at-Arms be directed to bring
the said Nathaniel Rounsavell to the bar of the House, there
to answer such questions as may be propounded to him by the
Speaker, under the direction of the House."

Much desultory discussion took place as to the mode of proceeding in this case, the form of the proposed order, its conformity to precedent, &c., in which Messrs. PITKIN, LACOCK, SHEFFEY, TROUP, TALLMADGE, GRUNDY, FISK, and WIDGERY, took part. This discussion resulted in the proposition of a preamble to the motion, by Mr. GRUNDY, reciting the grounds of the order.

The motion was then agreed to.

On motion of Mr. GRUNDY, the select committee were then discharged from the further consideration of the subject.

On motion of Mr. GRUNDY, it was resolved that several interrogatories contained in a paper which he offered to the House, should be proposed to the witness.

Mr. BURWELL suggested the propriety of allowing this person counsel; but withdrew the suggestion, on its being remarked, that this person appeared before the House in the character of a witness, not a criminal, and that it was not usual for a witness to appear by counsel.

Mr. Rounsavell was then brought to the bar of the House by the Sergeant-at-Arms.

After some hesitation on the part of the witness to take the oath required, he was sworn, in the usual form of oath administered to witnesses.

The first interrogatory agreed to by the House was put to him by the Speaker, in the following words: "From the conversation of what members did you collect the information of which you have spoken in your deposition before the committee?"

To this question the witness answered in these words: "I refused to answer that question when before the committee, and I continue steadfast in that refusal."

The witness was ordered to withdraw, and the Speaker reported his answer to the House; having deemed it unnecessary, on his refusal to answer the first, to propound any other of the questions.

Mr. SEYBERT, after stating his indisposition to encroach on the rights of the citizen, which, however, must yield to the superior rights of the nation, which required them to act in this case, suggested the propriety of recommitting this person to the custody of the Sergeant-at-Arms until further order should be taken by the House, and preventing him in the mean time from communicating with those from whose conversation he might have derived his information. With this view he offered the following resolution:

_Resolved_, That Nathaniel Rounsavell be committed to the
custody of the Sergeant-at-Arms until further order, and
that in the mean time he be precluded from all intercourse
or conversation with any person or persons other than the
Sergeant-at-Arms.

The question on striking out so much of the motion as precludes the witness from conversation with any one unless in the presence and hearing of the Sergeant-at-Arms, was decided as follows--yeas 62; nays 22.

The question was then stated on the motion as just amended, viz:

"That Nathaniel Rounsavell be committed to the custody of the
Sergeant-at-Arms until the further orders of the House."

The question was taken on the resolution, and it passed by a very large majority.

TUESDAY, April 7.

_Publication of Secret Proceedings._

A letter was laid before the House from Nathaniel Rounsavell, the witness now in the custody of the Sergeant-at-Arms. The letter disclaims any intention to have violated the respect due to the House by the publication which he had made; it declares that the conversation which the writer had was inadvertent, as he believes, on the part of the members who partook in it, and entirely without any intention on their part, as he believes, to violate the order of the House; that he had been refused by the committee an opportunity to explain his testimony; and that his only motive for refusing to answer was, that if he were to answer the question as propounded to him, it might have the effect of criminating those who had committed no crime, and from whose conversation, but for previous and subsequent knowledge, he could not have ascertained that an embargo had been the subject of discussion, &c.

Mr. SMILIE said it was in his power, he believed, to make a statement to the House which would procure a discharge of this man. Had the original motion succeeded yesterday, he should then have risen and stated what he was now about to say, because he had been determined that the man should not suffer. I do believe, said Mr. S., that the substance of the information which Mr. Rounsavell published in his paper, he did derive from conversation of myself with others; whether he got other particulars from other members, I know not. The circumstance was this: The night the embargo law passed this House, I met with a member who was absent, and ignorant of what had passed. Upon meeting with this gentleman he inquired of me what had been done? I briefly told him, and I have reason to believe Mr. Rounsavell was in such a situation as to hear what I said. Having made this statement, I will make a few other remarks. I had a seat in Congress when each of the former embargoes under this constitution were laid. The mode in which they came before the House was in those cases such as to enable us to keep them secret. In every instance except the present, the first intimation relative to the embargo came from the President to the House in a confidential shape, and the doors were immediately closed. What was the fact in this case? The measure originated in the Committee of Foreign Relations. It was proposed there that it should be kept secret; when a member of the committee rose and declared he would not be bound--he would not keep it a secret. This destroyed at once the efficacy of any such determination on the part of the committee; we might as well have discussed the subject with open doors as with closed doors, had it not been from respect to the Message of the President recommending a different course. What was published in the _Herald_, therefore, was of no importance; when the subject of discussion was known to all, it was of very little consequence to know who was chairman, and who spoke, and how many voted. If the House must have a victim, and it appears to me some gentlemen would be very willing to have one, I offer myself in the room of this man; he has suffered too much already. The _quo animo_ constitutes the essence of every crime; it cannot then be supposed, after the warm support I have given to this measure, that I could have any unfriendly intention towards it. I well know the powers of this House; and I know the limits of those powers. The House will take such steps as they think proper. I have taken my ground; I am prepared for the event. He would further observe that in relation to the suspicion of members having influenced Rounsavell to refuse to answer, that he had not seen him from the time of the conversation he had stated until after his appearing before the committee and refusing to answer.

Mr. Smilie was asked to name the member of the Committee of Foreign Relations, to whom he had just alluded, and replied that his name was no secret--it was Mr. Randolph.

Mr. CALHOUN said that the member of the Committee of Foreign Relations, (Mr. RANDOLPH,) to whom allusion had been made, not being in his seat, he would state how the fact just stated had occurred in the committee. That gentleman stated (said Mr. C.) that he had doubts of the power of the committee to compel him to secrecy; but the gentleman also stated that he had just returned from Baltimore, where he found the British Consul possessed the knowledge of an intended embargo, and that a great commercial house was acting on it, and therefore he did not feel it his duty to keep it secret. I, sir, was the one who made the motion that our proceeding should be confidential. After the statement made by the gentleman from Virginia, that he should feel it his duty to proclaim the fact, combined with other circumstances, I did not feel so strongly the obligation, and the motion for secrecy was waived. Under the impression that it was no longer a duty to confine the knowledge of this transaction to the bosom of the committee, I mentioned it to the gentleman from Boston and other commercial cities, that they might be aware of the transaction; I did it from a sense of duty, that they might be as well informed on this head as other members of the House.

Mr. QUINCY rose to state the circumstances as they had occurred on the day alluded to, and he had it in his power to do so, because, anticipating that some difficulty might arise, and wishing to relieve himself from blame, he had on the morning after the occurrence, committed it to paper, as follows:

"MARCH 31, 1812.

"MEMORANDUM.--Mr. Calhoun, of South Carolina, a member of the
committee of Foreign Relations, this day informed me that 'the
Committee of Foreign Relations had come to a determination that
an embargo should be proposed to Congress for its adoption
to-morrow.' I asked him if I was at liberty to mention this as
a fact from him. He replied that 'I was at liberty.' He said
'that the gentlemen of the committee were generally of opinion
that the subject should be kept secret. But Mr. Randolph,[28]
one of the committee, had declared that he would not consider
himself bound to any such obligation. The committee, therefore,
had thought that it was but fair to give an equal chance to
all the gentlemen in Congress. And that he informed me of the
fact, as a member from a commercial town, in order that I might
communicate it to my mercantile friends.'

"I soon after went to him and asked him, 'whether the embargo
would come as an Executive recommendation.' He replied, 'I do
not deem myself authorized to answer that question.'

"I find the same information has been communicated by other
members of the committee to various members of Congress.

"JOSIAH QUINCY."

Mr. SEYBERT said, after what had been stated by his colleague, it was very evident that the information which had found its way to the public had been inadvertently communicated by a member; and he hoped the House was satisfied with the result. When he made the original motion, yesterday, for detaining this person, Mr. S. said he was desirous of a modification of it; he had not contemplated so rigorous a confinement as it would perhaps have comprehended. He was now perfectly satisfied, and considered it his duty to move that the witness be discharged from the custody of the Sergeant-at-Arms.

Mr. ROBERTS was opposed to discharging the witness until he had explained a sentence of his letter to the Speaker, in which he had asserted that he was not permitted to explain his testimony. The fact was, that the committee had acted with the greatest patience and liberality towards the witness, and extended to him every indulgence in their power, and his assertion was therefore unwarranted.

Mr. MACON, in the absence of Mr. RANDOLPH, thought proper to remark that he had heard of the embargo in Baltimore, and the report had brought him here. It appeared, then, it was no secret at all. This was the first instance, indeed, Mr. M. said, in this Government in which a committee had undertaken to make a secret for itself. No such power of a committee was recognized by the House. Being confidentially referred by the House to a committee, they must in that case act on it in the same manner; otherwise there was, perhaps, no obligation. He did not believe there was a man in the nation who would be farther from doing a dishonorable act than the gentleman from Virginia, whose name had been called in question.

Mr. SEYBERT said, after what had passed, he presumed every one was satisfied there was no occasion to pursue the inquiry, and as the witness had submitted to the authority of the House, he moved the following resolution:

"_Resolved_, That Nathaniel Rounsavell, now in the custody of
the Sergeant-at-Arms of this House, for a contempt of its
authority in not answering the questions propounded to him by
order of the House, having submitted to answer, and purged
himself from the contempt, be discharged from said confinement."

The question was then taken on Mr. SEYBERT'S motion, and carried without opposition; and the Sergeant-at-Arms was ordered to discharge the witnesses from confinement; and then, on motion, the House adjourned until to-morrow.

THURSDAY, April 9.

_Importation of British Goods._

The House resolved itself into a Committee of the Whole on the bill to authorize the importation of goods, wares, and merchandise, under certain circumstances, from Great Britain, her colonies or dependencies.

_Removal of Federal Judges on Address of
Congress._

AMENDMENT OF THE CONSTITUTION.

Mr. MCKIM offered to the House the following resolution, premising that he had been particularly induced to offer it, by considerations resulting from the present state of things in the State of New York, arising from the disability of the District Judge, by which upwards of seven hundred suits were kept in suspense, to the great injury of individuals and prejudice of the Government. In order to remedy that difficulty, a bill had passed both Houses, which had been returned by the President as objectionable on constitutional grounds. It had been pronounced on this floor, by a respectable law authority, that if that bill was rejected there was no other remedy. He, therefore, had been induced to offer the following resolution:

_Resolved, by the Senate and House of Representatives of the
United States of America in Congress assembled_: (two-thirds
of both Houses concurring,) That the following section
be submitted to the Legislatures of the several States,
which, when ratified by the Legislatures of three-fourths
of the States, shall be valid and binding as a part of the
Constitution of the United States:

"_Resolved_, That the Judges of the Supreme and Inferior Courts
may be removed from office, on the joint address of the Senate
and House of Representatives of the United States."

The resolution was ordered to lie on the table, and to be printed--44 to 33.

_Louisiana Lead Company._

The House resolved itself into a Committee of the Whole, on the bill to incorporate Moses Austin, Henry Austin, John R. Jones and others, in the Territory of Louisiana, by the name of the Lead Company of Louisiana. After considerable debate, the first section of the bill was stricken out, on motion of Mr. TROUP. The question on concurrence with the committee was decided by yeas and nays. For concurrence 46, against concurrence 43.

And so the said bill was rejected.

TUESDAY, April 14.

_Cumberland Road._

Mr. MORROW, from the committee to whom was referred the Message of the President of the United States, of the 1st ultimo, transmitting a report and letter concerning the proceedings under the act, entitled "An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," and also a petition from a number of the inhabitants of the western counties of the State of Pennsylvania, praying that an appropriation may be made for the purpose of erecting a bridge over the Youghiogany at the place where the new road crosses the said river, made the following report:

That two subjects are suggested by the said Message, which
require Legislative provision, viz: the appropriation of
$30,000 for completing the said road to Tomlinson's, where the
old and new roads meet, and the granting authority to levy toll
sufficient to keep the said road in repair.

The reasons assigned in favor of such provisions, by the report
and letter communicated by the Message, are, in the opinion
of the committee, sufficient to show the expediency of the
measure; they therefore refer the House to these documents.

It is proper, however, to state that the appropriations already
made for the objects have exceeded the moneys produced by the
fund pledged to defray the expense of the said road, which will
appear by a letter from the Treasury Department, accompanying
this report. That circumstance, as also the present state of
the public finances, the necessity arising out of the existing
crisis in the national concerns, for applying the public
resources to objects of security and defence, have been duly
considered; and whatever ground of objection to the proposed
measure these considerations may afford, the committee are of
opinion, nevertheless, that the advantages the public would
derive from an immediate extension of the new road to where
it will intersect with the old, are sufficient to justify the
appropriation.

They are of opinion, that an appropriation for erecting a
bridge over the Youghiogany River would be improper at this
time, because, by law, the superintendent, in making the road,
has power to deviate from the original survey, only that the
road shall pass through the principal points established. If,
then, a bridge should be erected over the said river, that
place must necessarily become fixed as a point to which the
road must lead, and being many miles in advance of the parts
of the road contracted for, might prove inconvenient in the
further prosecution of the work.

The committee respectfully submit the following resolutions:

_Resolved_, That $30,000, in addition to the sums heretofore
appropriated, and reimbursable by the same fund, shall be
appropriated for making the road leading from Cumberland to
Brownsville.

_Resolved_, That provision be made for the levying of toll
sufficient to keep the same in repair.

_Resolved_, That it is inexpedient to appropriate money for
erecting a bridge over Youghiogany River on the said road.

The report was referred to a Committee of the Whole on Thursday next.

MONDAY, April 20.

_Death of the Vice President._

A message was received from the Senate, announcing the death of the Vice President of the United States, and the resolution they had adopted.

The House agreed to consider the joint resolution as above stated.

Mr. TALLMADGE said, it was assuredly not from any want of respect to the memory of the patriot deceased, that some member from the State of New York did not on this occasion address the Chair. At their request, and being himself a native citizen of the State of New York, and having served particularly and on honorable occasions in the Revolutionary war with the gentleman whose death was now announced; having long known his services and merits as a soldier and statesman, he took the liberty, in behalf of the delegation from New York, to move a concurrence in the resolution of the Senate.

The House unanimously concurred; and Messrs. TALLMADGE, MITCHILL, GOLD, STOW, and MACON, were appointed a committee on their part to act with the committee of the Senate.

And the House adjourned, to meet at nine o'clock to-morrow, to receive the report of the joint committee on the subject.

TUESDAY, April 21.

On motion of Mr. TALLMADGE,

_Resolved, unanimously_, That from an unfeigned respect to the late GEORGE CLINTON, Vice President of the United States, and President of the Senate, the Speaker's chair be shrouded with black during the present session: And, as a further testimony of respect for the memory of the deceased, the members will go into mourning, and wear black crape on the left arm for thirty days.

On motion of Mr. TALLMADGE,

_Resolved, unanimously_, That the members of this House will attend the funeral of GEORGE CLINTON, deceased, the Vice President of the United States, to-day at four o'clock.

And the House adjourned.[29]

FRIDAY, April 24.

_Corps of Engineers._

The House resumed the consideration of the bill making further provision for the corps of Engineers, which had been amended in Committee of the Whole, so as to authorize the appropriation therein made to be disbursed "at such place as may be designated by the President of the United States for that purpose."

Mr. GOLD spoke against a concurrence in this amendment at some length, and was followed on the same side by Mr. SMILIE and Mr. WIDGERY; to whom Mr. KEY, Mr. WILLIAMS, and Mr. WRIGHT replied.

The discussion principally involved the respective merits of West Point and Washington City (to which place it was supposed, probably, that the Executive might deem it expedient to remove the Academy) as proper sites for a Military Academy. The question on the amendment was decided by yeas and nays. For the amendment 63, against the amendment 56.

Mr. W. ALSTON moved an amendment contemplating the establishment of the Academy at Carlisle, in Pennsylvania, a place which he stated to be more eligible, in point of economy, convenience, and comfort, than West Point.

Mr. GOLD opposed the motion.

A motion was made by Mr. LITTLE to recommit the bill, and negatived.

Mr. FINDLAY spoke in favor of the motion.

Mr. BAKER suggested the propriety of locating the Academy at Harper's Ferry; and because, if the Academy must be removed, he thought Harper's Ferry preferable to Carlisle, he should vote against the motion.

Mr. RHEA made a motion which he said would put an end to all these propositions to amend the bill, viz: to postpone the bill indefinitely. The motion was negatived--yeas 32.

The question was then taken--"Shall the amendments be engrossed, and, together with the bill, be read a third time?" and decided in the affirmative.

WEDNESDAY, April 29.

_Relief of Caraccas, &c._

Mr. MACON submitted for consideration the following resolution:

"_Resolved_, That the Committee of Commerce and Manufactures be
instructed to report a bill authorizing the President of the
United States to cause to be purchased ---- barrels of flour,
and to have the same exported to some port in Caraccas, for
the use of the inhabitants who have suffered by the earthquake;
and also authorizing him to cause to be purchased ---- barrels
of flour, and to have the same exported to some port in
Teneriffe for the use of the inhabitants who are likely to
starve by the ravages of locusts."

To the adoption of the first clause of this resolution, there was no objection made by any one; but a desultory debate took place on incidental points and on the merits of the last clause.

Mr. RANDOLPH made a speech of some length in favor of the object of the proposed resolution, but going to show that the aid the Government could afford would be ineffectual to relieve famine, if it existed; and that unquestionably the most effectual relief that could be afforded on our part to the wretched and unfortunate people of Caraccas would be a suspension, as to them, of our restrictive system. He, therefore, moved to amend the resolution by adding to the end of it the words "and to authorize vessels laden with provisions to clear out for any port of the aforesaid country."

Mr. CALHOUN expressed his regret that this proposition to aid the cause of humanity could not be permitted to pass without the intermixture of party feelings, which the motion and speech of the gentleman from Virginia, he thought, were calculated to excite. He was opposed to the amendment, which he conceived would virtually repeal the embargo, and he hoped, as there could be no probability of adopting it, he would withdraw it. Mr. C. said he had doubts about the latter clause of the resolution; because, as to the distress at Teneriffe, the House had no other information than a newspaper report, whilst of the scarcity of provisions at Caraccas they had accurate information.

Mr. RANDOLPH defended himself against the imputation of a desire to excite party feelings, &c., and declined withdrawing his amendment, because he believed its adoption to be essential to the accomplishment of the object of the original motion. He also made a number of observations on the impatience which gentlemen of the minority were listened to in the House, and the frequent interruptions they were in the habit of meeting with, &c.

Mr. MACON spoke against the amendment, which, if adopted, would compel him to vote against his own motion. The restrictive system, he said, would not be of long duration, and, when it expired, provisions in plenty might be exported to South America and elsewhere; so that there was very little necessity for suspending the embargo law, which was only adopted preparatory to a different state of things. The clause in the resolution relating to Teneriffe, he said, had been added at the suggestion of another member.

Mr. CALHOUN again spoke against the amendment, and in reply to Mr. RANDOLPH'S imputation of intolerance to the minority. This course of discussion he deprecated, as not comporting with the sacred cause of distant and oppressed humanity, &c.