Chapter I: A. Coles (41)

"The British Government has alleged, in vindication of the
Orders in Council, that they were resorted to as a retaliation
on France for similar aggressions committed by her on our
neutral trade with the British dominions. But how has this plea
been supported? The dates of British and French aggressions are
well known to the world. Their origin and progress have been
marked with too wide and destructive a waste of the property
of our fellow-citizens to have been forgotten. The decree of
Berlin, of November 21st, 1806, was the first aggression of
France in the present war. Eighteen months had then elapsed
after the attack made by Great Britain on our neutral trade
with the colonies of France and her allies, and six months
from the date of the proclamation of May, 1806. Even on the
7th of January, 1807, the date of the first British Order
in Council, so short a term had elapsed after the Berlin
decree, that it was hardly possible that the intelligence of
it should have reached the United States. A retaliation which
is to produce its effect, by operating on a neutral power,
ought not to be resorted to till the neutral had justified it
by a culpable acquiescence in the unlawful act of the other
belligerent. It ought to be delayed until after sufficient
time had been allowed to the neutral to remonstrate against
the measures complained of, to receive an answer, and to
act on it, which had not been done in the present instance.
And, when the order of November 11th was issued, it is well
known that a Minister of France had declared to the Minister
Plenipotentiary of the United States at Paris, that it was
not intended that the decree of Berlin should apply to the
United States. It is equally well known, that no American
vessel had then been condemned under it, or seizure been
made, with which the British Government was acquainted. The
facts prove incontestably, that the measures of France,
however unjustifiable in themselves, were nothing more than a
pretext for those of England. And of the insufficiency of that
pretext, ample proof has already been afforded by the British
Government itself, and in the most impressive form. Although
it was declared that the Orders in Council were retaliatory on
France for her decrees, it was also declared, and in the orders
themselves, that, owing to the superiority of the British navy,
by which the fleets of France and her allies were confined
within their own ports, the French decrees were considered only
as empty threats.

"It is no justification of the wrongs of one power, that the
like were committed by another; nor ought the fact, if true, to
have been urged by either, as it could afford no proof of its
love of justice, of its magnanimity, or even of its courage.
It is more worthy the Government of a great nation to relieve
than to assail the injured. Nor can a repetition of the wrongs
by another power repair the violated rights or wounded honor
of the injured party. An utter inability alone to resist
could justify a quiet surrender of our rights, and degrading
submission to the will of others. To that condition the United
States are not reduced, nor do they fear it. That they ever
consented to discuss with either power the misconduct of the
other, is a proof of their love of peace, of their moderation,
and of the hope which they still indulged, that friendly
appeals to just and generous sentiments would not be made to
them in vain. But the motive was mistaken, if their forbearance
was imputed either to the want of a just sensibility to their
wrongs, or a determination, if suitable redress was not
obtained, to resent them. The time has now arrived when this
system of reasoning must cease. It would be insulting to repeat
it. It would be degrading to hear it. The United States must
act as an independent nation, and assert their rights, and
avenge their wrongs, according to their own estimate of them,
with the party who commits them, holding it responsible for its
misdeeds, unmitigated by those of another.

"For the difference made between Great Britain and France, by
the application of the non-importation act against England
only, the motive has been already too often explained, and
is too well known to require further illustration. In the
commercial restrictions to which the United States resorted as
an evidence of their sensibility, and a mild retaliation of
their wrongs, they invariably placed both powers on the same
footing, holding out to each, in respect to itself, the same
accommodation, in case it accepted the condition offered, and,
in respect to the other, the same restraint if it refused.
Had the British Government confirmed the arrangements which
was entered into with the British Minister in 1809, and
France maintained her decrees, with France would the United
States have had to resist, with the firmness belonging to
their character, the continued violation of their rights. The
committee do not hesitate to declare, that France has greatly
injured the United States, and that satisfactory reparation
has not yet been made for many of those injuries. But that
is a concern which the United States will look to and settle
for themselves. The high character of the American people is
a sufficient pledge to the world that they will not fail to
settle it, on conditions which they have a right to claim.

"More recently, the true policy of the British Government
towards the United States, has been completely unfolded. It has
been publicly declared by those in power, that the Orders in
Council should not be repealed until the French Government had
revoked all its internal restraints on the British commerce;
and that the trade of the United States with France and her
allies, should be prohibited, until Great Britain was also
allowed to trade with them. By this declaration, it appears
that, to satisfy the pretensions of the British Government,
the United States must join Great Britain in the war with
France, and prosecute the war until France should be subdued;
for without her subjugation, it were in vain to presume on
such a concession. The hostility of the British Government to
these States has been still further disclosed. It has been made
manifest that the United States are considered by it as the
commercial rival of Great Britain, and that their prosperity
and growth are incompatible with her welfare. When all these
circumstances are taken into consideration, it is impossible
for your committee to doubt the motives which have governed the
British Ministry in all its measures towards the United States
since the year 1805. Equally it is impossible to doubt, longer,
the course which the United States ought to pursue towards
Great Britain.

"From this review of the multiplied wrongs of the British
Government since the commencement of the present war, it must
be evident to the impartial world, that the contest which is
now forced on the United States, is radically a contest for
their sovereignty and independence. Your committee will not
enlarge on any of the injuries, however great, which have had a
transitory effect. They wish to call the attention of the House
to those of a permanent nature only, which intrench so deeply
on our most important rights, and wound so extensively and
vitally our best interests, as could not fail to deprive the
United States of the principal advantages of their Revolution,
if submitted to. The control of our commerce by Great Britain,
in regulating, at pleasure, and expelling it almost from the
ocean; the oppressive manner in which these regulations have
been carried into effect, by seizing and confiscating such of
our vessels, with their cargoes, as were said to have violated
her edicts, often without previous warning of their danger;
the impressment of our citizens from on board our own vessels
on the high seas, and elsewhere, and holding them in bondage
till it suited the convenience of their oppressors to deliver
them up; are encroachments of that high and dangerous tendency,
which could not fail to produce that pernicious effect; nor
would these be the only consequences that would result from it.
The British Government might, for a while, be satisfied with
the ascendency thus gained over us, but its pretensions would
soon increase. The proof which so complete and disgraceful a
submission to its authority would afford of our degeneracy,
could not fail to inspire confidence, that there was no limit
to which its usurpations, and our degradation, might not be
carried.

"Your committee, believing that the free-born sons of America
are worthy to enjoy the liberty which their fathers purchased
at the price of so much blood and treasure, and seeing in the
measures adopted by Great Britain, a course commenced and
persisted in, which must lead to a loss of national character
and independence, feel no hesitation in advising resistance by
force; in which the Americans of the present day will prove to
the enemy and to the world, that we have not only inherited
that liberty which our fathers gave us, but also the will and
power to maintain it. Relying on the patriotism of the nation,
and confidently trusting that the Lord of Hosts will go with us
to battle in the righteous cause, and crown our efforts with
success, your committee recommend an immediate appeal to arms."

On motion of Mr. MITCHELL, the doors were then closed, and the House sat with doors closed the remainder of the day's sitting.

A motion was then made by Mr. RANDOLPH that the proceedings upon the said Message of the President be had and conducted with open doors; and the question thereon being taken, it was determined in the negative--yeas 45, nays 77.

On motion of Mr. CALHOUN, the said report was ordered to lie on the table.

_Declaration of War._

On a motion made, and leave given, Mr. CALHOUN, from the same committee, presented a bill declaring war between Great Britain and her dependencies and the United States and their territories; which was read the first time; and opposition being made thereto by Mr. RANDOLPH, the question was taken in the form prescribed by the rules and orders of the House, to wit: "Shall the bill be rejected?" And determined in the negative--yeas, 45, nays, 76.

The bill was then read the second time, and committed to a Committee of the Whole to-day.

The House resolved itself into a Committee of the whole House on the said bill; and, after some time spent therein, Mr. Speaker resumed the Chair, and Mr. BASSETT reported that the committee had had the said bill under consideration, and made some progress therein, and had directed him to ask leave to sit again.

_Ordered_, That the Committee of the whole House have leave to sit again on the said bill.

And then the House adjourned until to-morrow morning eleven o'clock.

THURSDAY, June 4.

A motion was made by Mr. MILNOR that the doors of the House be now opened; and was determined in the negative.

The House then resolved itself into a Committee of the whole House on the bill declaring War between Great Britain and her Dependencies and the United States and their Territories; and after some time spent therein, the Speaker resumed the chair, and Mr. BASSETT reported that the committee had had the said bill under consideration, and made no amendment thereto.

A motion was then made by Mr. QUINCY to amend the said bill, by adding thereto a new section, as follows:

"SEC. ----. _And be it further enacted_, That, from and after
the passage of this act, the act, entitled 'An act concerning
the commercial intercourse between the United States and
Great Britain and France and their dependencies, and for
other purposes,' passed the first day of May, one thousand
eight hundred and ten; and, also, the act, entitled 'An act
supplementary to the act, entitled "An act concerning the
commercial intercourse between the United States and Great
Britain and France and their dependencies, and for other
purposes,"' passed the second day of March, one thousand eight
hundred and eleven; and, also, the act, entitled 'An act laying
an embargo on all ships and vessels in the ports and harbors of
the United States for a limited time,' passed the fourth day of
April, one thousand eight hundred and twelve, be, and the same
hereby are, repealed."

A motion was thereupon made by Mr. NELSON, that the bill and the proposed amendment be recommitted to a Committee of the whole House:

And the question thereon being taken, it was determined in the negative.

The question was then taken on the amendment proposed by Mr. QUINCY; and determined in the negative--yeas 42, nays 82.

No other amendment being proposed to the said bill, the question was taken that it be engrossed, and read the third time; and passed in the affirmative--yeas 78, nays 45, as follows:

YEAS.--Willis Alston, jr., William Anderson, Stevenson
Archer, David Bard, Burwell Bassett, William W. Bibb, William
Blackledge, Robert Brown, William A. Burwell, William Butler,
John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran,
John Clopton, Lewis Condict, William Crawford, Roger Davis,
John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle,
William Findlay, James Fisk, Thomas Gholson, Peterson Goodwyn,
Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John
A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson,
Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre,
Peter Little, Wm. Lowndes, Aaron Lyle, Nathaniel Macon, Thomas
Moore, William McCoy, Samuel McKee, Alexander McKim, Samuel
L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson,
Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens,
William Piper, James Pleasants, jr., Benjamin Pond, William M.
Richardson, Samuel Ringgold, John Rhea, John Roane, Jonathan
Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam
Seybert, Samuel Shaw, George Smith, John Smith, William Strong,
John Taliaferro, George M. Troup, Charles Turner, jr., Robert
Whitehill, David R. Williams, William Widgery, Robert Wright,
and Richard Wynn,.

NAYS.--John Baker, Josiah Bartlett, Harmanus Bleecker, Adam
Boyd, James Breckenridge, Elijah Brigham, Epaphroditus
Champion, Martin Chittenden, Thomas B. Cooke, John Davenport,
jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold,
Charles Goldsborough, Jacob Hufty, Richard Jackson, jr., Philip
B. Key, Lyman Law, Joseph Lewis, jr., George C. Maxwell,
Archibald McBryde, Arunah Metcalf, James Milnor, Jonathan O.
Mosely, Thomas Newton, Joseph Pearson, Timothy Pitkin, jr.,
Elisha R. Potter, Josiah Quincy, John Randolph, William Reed,
Henry Ridgely, William Rodman, Richard Stanford, Philip Stuart,
Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin
Tallmadge, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton,
Leonard White, and Thomas Wilson.

_Ordered_, That the said bill be read the third time to-day.

The said bill was engrossed, and read the third time accordingly, and the question stated that the same do pass: Whereupon, a motion was made by Mr. RANDOLPH, that the farther consideration of the said bill be postponed until the first Monday in October next; and the question thereon being taken, it was determined in the negative--yeas 42, nays 81.

A motion was then made by Mr. STOW, that the farther consideration of the said bill be postponed until to-morrow; and the question thereon being taken, it was determined in the negative--yeas 48, nays 78.

A motion was then made by Mr. GOLDSBOROUGH, that the House do now adjourn; and the question thereon being taken, it was determined in the negative--yeas 43, nays 82.

The question was then taken, that the said bill do pass; and resolved in the affirmative--yeas 79, nays 49, as follows:

YEAS.--Willis Alston, jr., William Anderson, Stevenson Archer,
Daniel Avery, David Bard, Burwell Bassett, William W. Bibb,
William Blackledge, Robert Brown, William A. Burwell, William
Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James
Cochran, John Clopton, Lewis Condict, William Crawford, Roger
Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle,
William Findlay, James Fisk, Thomas Gholson, Peterson Goodwyn,
Isaiah L. Green, Felix Grundy, Boiling Hall, Obed Hall, John
A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson,
Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre,
Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon,
Thomas Moore, William McCoy, Samuel McKee, Alexander McKim,
James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas
Newton, Stephen Ormsby, Israel Pickens, William Piper, James
Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel
Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer
Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel
Shaw, John Smilie, George Smith, John Smith, William Strong,
John Taliaferro, George M. Troup, Charles Turner, jr., Robert
Whitehill, David R. Williams, William Widgery, Robert Wright,
and Richard Wynn.

NAYS.--John Baker, Josiah Bartlett, Harmanus Bleecker, Adam
Boyd, James Breckenridge, Elijah Brigham, Epaphroditus
Champion, Martin Chittenden, Thomas B. Cooke, John Davenport,
jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Chas.
Goldsborough, Jacob Hufty, Richard Jackson, jr., Philip B. Key,
Lyman Law, Joseph Lewis, jr., George C. Maxwell, Archibald
McBryde, Arunah Metcalf, James Milnor, Samuel L. Mitchill,
Jonathan O. Mosely, Thomas Newbold, Joseph Pearson, Timothy
Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph,
William Reed, Henry M. Ridgely, William Rodman, Thomas Sammons,
Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges,
George Sullivan, Samuel Taggart, Benjamin Tallmadge, Peleg
Tallman, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton,
Leonard White, and Thomas Wilson.

_Ordered_, That the title be, "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories."

Mr. MACON and Mr. FINDLAY were appointed a committee to carry the bill entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to request their concurrence therein.

THURSDAY, June 18.

_Bill Declaring War._

A confidential message was received from the Senate, by a committee of that body appointed for the purpose, consisting of Mr. ANDERSON and Mr. VARNUM, notifying the House that the Senate have passed the bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," with amendments; in which they desire the concurrence of the House.

The House proceeded to consider the said amendments; when a motion was made by Mr. SHEFFEY, that the said bill and amendments be postponed indefinitely.

A motion was then made by Mr. MILNOR, that the said bill and amendments do lie on the table; and the question thereon being taken, it passed in the affirmative--yeas 71, nays 46.

The House resumed the consideration of the amendments of the Senate to the aforesaid bill; when the question recurred on the motion of Mr. SHEFFEY, and, being taken, it was determined in the negative--yeas 44, nays 85, as follows:

YEAS.--John Baker, Abijah Bigelow, Harmanus Bleecker, James
Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin
Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely,
James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough,
Edwin Gray, Jacob Hufty, Richard Jackson, jr., Philip B. Key,
Lyman Law, Joseph Lewis, jr., Archibald McBryde, James Milnor,
Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin, jr., Elisha
R. Potter, Josiah Quincy, John Randolph, William Reed, Henry
M. Ridgely, William Rodman, Daniel Sheffey, Richard Stanford,
Philip Stuart, Silas Stow, Lewis B. Sturges, George Sullivan,
Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van
Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

NAYS.--Willis Alston, jr., William Anderson, Stevenson Archer,
Daniel Avery, David Bard, Josiah Bartlett, Burwell Bassett,
William W. Bibb, William Blackledge, Adam Boyd, Robert Brown,
William A. Burwell, William Butler, John C. Calhoun, Francis
Carr, Langdon Cheves, James Cochran, John Clopton, Lewis
Condict, William Crawford, Richard Cutts, Roger Davis, John
Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William
Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Peterson
Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed
Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard
M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph
Lefevre, Peter Little, William Lowndes, Aaron Lyle, Nathaniel
Macon, George C. Maxwell, Thomas Moore, William McCoy, Samuel
McKee, Alexander McKim, Arunah Metcalf, James Morgan, Jeremiah
Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen
Ormsby, Israel Pickens, William Piper, James Pleasants, jr.,
Benjamin Pond, William M. Richardson, Samuel Ringgold, John
Rhea, John Roane, Nathaniel Roberts, Ebenezer Sage, Ebenezer
Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie,
George Smith, John Smith, Wm. Strong, John Taliaferro, George
M. Troup, Charles Turner, jr., Robert Whitehill, David R.
Williams, William Widgery, Robert Wright, and Richard Wynn.

A motion was made by Mr. RANDOLPH, that the said bill and amendments be postponed until the first Monday in October next. And the question thereon being taken, it was determined in the negative--yeas 49, nays 80.

A motion was then made by Mr. RANDOLPH, that the said bill and amendments be postponed until the first Monday in July next. And the question thereon being taken, it was determined in the negative--yeas 51, nays 79.

The said amendments were then concurred in by the House. And Mr. MACON and Mr. FINDLAY were appointed a committee to inform the Senate of the concurrence of the House in the said amendments.

Mr. CRAWFORD, from the Joint Committee for Enrolled Bills, reported that the committee had examined the said bill, and had found the same to be truly enrolled; when the Speaker signed the said bill, and the Committee of Enrollment were ordered to take it to the Senate, for the signature of their President.

Shortly after, Mr. CRAWFORD, from the same committee, reported that the committee had presented the said bill to the President of the United States, for his approbation, and that they were instructed by the President to inform the two Houses that he had approved and signed the same.

On motion of Mr. CALHOUN, the injunction of secrecy was removed from so much of the journals as relates to the President's Message of the 1st instant, with the proceedings thereon. And then the House adjourned until to-morrow morning, 11 o'clock.

FRIDAY, June 19.

_Occupation of Florida._

On motion of Mr. TROUP,

_Resolved_, That the committee to whom was referred so much of the President's Message, at the commencement of the session, as relates to the Spanish American colonies, be instructed to inquire into the expediency of authorizing the President of the United States to occupy East and West Florida without delay.

And then the doors were opened.

MONDAY, June 22.

On motion made, and leave given, Mr. MITCHILL, from the committee appointed on that part of the President's Message, at the commencement of the session, which relates to Spanish American colonies, presented a bill authorizing the President of the United States to take possession of a tract of country lying south of the Mississippi Territory, of the State Georgia, and for other purposes; which was read the first time. When a question was taken whether the subject matter of the said bill required secrecy; and passed in the affirmative--yeas 71, nays 44.

The said bill was then read the second time, and committed to a Committee of the Whole to-morrow; and the doors were then opened.

THURSDAY, June 25.

The House resolved itself into a Committee of the Whole on the bill authorizing the President to take possession of a tract of country lying south of the Mississippi Territory, of the State of Georgia, and for other purposes; and, after some time spent therein, the Speaker resumed the chair, and Mr. LEWIS reported that the committee had had the said bill under consideration, and made an amendment thereto; which he delivered in at the Clerk's table, where it was again read, and concurred in by the House. The question was then taken that the said bill be engrossed, and read the third time; and passed in the affirmative--yeas 70, nays 48, as follows:

YEAS.--William Anderson, Stevenson Archer, Burwell Bassett,
William W. Bibb, William Blackledge, Robert Brown, William
Butler, John C. Calhoun, Francis Carr, Matthew Clay, James
Cochran, John Clopton, Lewis Condict, William Crawford,
Richard Cutts, Roger Davis, John Dawson, Joseph Desha, Samuel
Dinsmoor, William Findlay, James Fisk, Meshack Franklin, Thomas
Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy,
Bolling Hall, Obed Hall, John A. Harper, John M. Hyneman,
Richard M. Johnson, Joseph Kent, William R. King, Abner
Lacock, Peter Little, Aaron Lyle, Nathaniel Macon, George C.
Maxwell, Thomas Moore, William McCoy, Alexander McKim, Samuel
L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson,
Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens,
William Piper, Samuel Ringgold, John Rhea, John Roane, Jonathan
Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Samuel
Shaw, John Smilie, George Smith, John Smith, William Strong,
John Taliaferro, George M. Troup, Charles Turner, jr., Robert
Whitehill, David R. Williams, William Widgery, and Robert
Wright.

NAYS.--Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus
Bleecker, James Breckenridge, Elijah Brigham, William A.
Burwell, Epaphroditus Champpion, Langdon Cheves, Martin
Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely,
James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough,
Edwin Gray, Aylett Hawes, Jacob Hufty, Richard Jackson, jr.,
Philip B. Key, Lyman Law, Joseph Lewis, jr., William Lowndes,
Archibald McBryde, Jas. Milnor, Jonathan O. Mosely, Joseph
Pearson, Timothy Pitkin jr., James Pleasants, jr., Elisha R.
Potter, Josiah Quincy, John Randolph, William M. Richardson,
Henry M. Ridgely, William Rodman, Thomas Sammons, Adam Seybert,
Daniel Sheffey, Richard Stanford, Philip Stuart, Lewis B.
Sturges, Samuel Taggart, Pierre Van Cortlandt, jr., Laban
Wheaton, Leonard White, and Thomas Wilson.

_Ordered_, That the said bill be read the third time to-day.

The said bill was engrossed, and read the third time accordingly: When a motion was made by Mr. RIDGELY, that the same be postponed until Monday next; and the question being taken, it was determined in the negative.

The question was then taken that the said bill do pass; and resolved in the affirmative.

_Ordered_, That the title be, "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."

Mr. MITCHILL and Mr. TROUP were appointed a committee to carry the said bill to the Senate, and inform them that this House have passed the same, in confidence, and request their concurrence therein; and the doors were then opened.

FRIDAY, June 26.

A motion was made by Mr. RANDOLPH, that the injunction of secrecy imposed by this House on 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," together with the injunction of secrecy imposed upon the proceedings of the said bill, be taken off: and, on the question that the House do now proceed to the consideration of the said motion, it was determined in the negative.

A motion was then made by Mr. RIDGELY, that the House do come to the following resolution:

_Resolved_, That the President of the United States be
requested, if, in his opinion, it be compatible with the
public interest, to lay before this House, confidentially or
otherwise, full information of all the proceedings that have
been had under and by virtue of the act of Congress, entitled
"An act to enable the President of the United States, under
certain contingencies, to take possession of the country lying
east of the river Perdido, and south of the State of Georgia
and the Mississippi Territory, and for other purposes;" and
also copies of all instructions that may have been issued by
the Executive branch of this Government under the said act.

And on the question that the House do now proceed to the consideration of the said resolution, it passed in the affirmative--yeas 78, nays 38.

The question was then taken that the said resolution do pass; and resolved in the affirmative--yeas 58, nays 51.

WEDNESDAY, July 1.

Mr. RIDGELY, from the committee appointed, on the 26th ultimo, to present a resolution to the President of the United States, reported that the committee had performed that service, and that the President answered, that a due attention should be paid to the subject.

_Occupation of Florida._

A Message was then received from the President of the United States, by Mr. Coles, his Secretary, who delivered in the same, and withdrew.

The Message was read, and is as follows:

_To the House of Representatives of the United States:_

In compliance with the resolution of the House of
Representatives, of the twenty-sixth of June, I transmit the
information contained in the documents herewith enclosed.

JAMES MADISON.

JULY 1, 1812.

The said documents were read; and the doors were then opened.

[The following letters, forming a part of the documents accompanying the above Message of the President of the United States, were ordered to be published by the House on the 6th instant.]

_From the Secretary of State to General George Matthews
and Colonel John McKee, dated_

DEPARTMENT OF STATE,
_January 26, 1811_.

The President of the United States having appointed you,
jointly and severally, Commissioners for carrying into effect
certain provisions of an act of Congress (a copy of which is
enclosed) relative to the portion of the Floridas situated to
the east of the Perdido, you will repair to that quarter with
all possible expedition, concealing from general observation
the trust committed to you, with that discretion with which the
delicacy and importance of the undertaking require.

Should you find Governor Folch, or the local authority existing
there, inclined to surrender, in an amicable manner, the
possession of the remaining portion or portions of West Florida
now held by him in the name of the Spanish Monarchy, you are
to accept, in behalf of the United States, the abdication of
his, or of the other existing authority, and the jurisdiction
of the country over which it extends. And, should a stipulation
be insisted on for the redelivery of the country, at a future
period, you may, engage for such redelivery to the lawful
sovereign.

The debts clearly due from the Spanish Government to the people
of the Territory, surrendered, may, if insisted on, be assumed
within reasonable limits, and under specified descriptions, to
be settled hereafter as a claim against Spain in an adjustment
of our affairs with her. You may also guarantee, in the name of
the United States, the confirmation of all such titles to land
as are clearly sanctioned by Spanish laws; and Spanish civil
functionaries, where no special reasons may require changes,
are to be permitted to remain in office, with the assurance of
a continuation of the prevailing laws, with such alterations
only as may be necessarily required in the new situation of the
country.

If it should be required, and be found necessary, you may agree
to advance, as above, a reasonable sum for the transportation
of the Spanish troops.

These directions are adapted to one of the contingencies
specified in the act of Congress, namely, the amicable
surrender of the possession of the Territory by the local
ruling authority. But, should the arrangement contemplated by
the statute, not be made, and should there be room to entertain
a suspicion of an existing design in any foreign power to
occupy the country in question, you are to keep yourselves on
the alert, and on the first undoubted manifestation of the
approach of a force for that purpose, you will exercise with
promptness and vigor, the powers with which you are invested
by the President to preoccupy by force, the Territory, to the
entire exclusion of any armament that may be advancing to take
possession of it. In this event you will exercise a sound
discretion in applying the powers given with respect to debts,
titles to land, civil officers, and the continuation of the
Spanish laws; taking care to commit the Government on no point
further than may be necessary. And should any Spanish military
force remain within the country, after the occupancy by the
troops of the United States, you may, in such case, aid in
their removal from the same.

The universal toleration which the laws of the United States
assure to every religious persuasion, will not escape you as an
argument for quieting the minds of uninformed individuals, who
may entertain fears on that head.

The conduct you are to pursue in regard to East Florida,
must be regulated by the dictates of your own judgments, on
a close view and accurate knowledge of the precise state of
things there, and of the real disposition of the Spanish
Government, always recurring to the present instruction as
the paramount rule of your proceedings. Should you discover
an inclination in the Governor of East Florida, or in the
existing local authority, amicably to surrender that province
into the possession of the United States, you are to accept it
on the same terms that are prescribed by these instructions in
relation to West Florida. And, in case of the actual appearance
of any attempt to take possession by a foreign power you will
pursue the same effective measures for the occupation of the
Territory, and for the exclusion of foreign force, as you are
directed to pursue with respect to the country east of the
Perdido, forming, at this time, the extent of Governor Folch's
jurisdiction.

If you should under these instructions, obtain possession of
Mobile, you will lose no time in informing Governor Claiborne
thereof, with a request that he will, without delay, take the
necessary steps for the occupation of the same.

All ordnance and military stores that may be found in the
Territory must be held as the property of the Spanish
Government, to be accounted for hereafter to the proper
authority; and you will not fail to transmit an inventory
thereof to this Department.

If, in the execution of any part of these instructions, you
should need the aid of a military force, the same will be
afforded you upon your application to the commanding officer
of the troops of the United States on that station, or to the
commanding officer of the nearest post, in virtue of orders
which have been issued from the War Department. And, in case
you should moreover need naval assistance, you will receive the
same upon your application to the naval commander, in pursuance
of orders from the Navy Department.

From the Treasury Department will be issued the necessary
instructions in relation to imposts and duties, and to the
slave ships whose arrival is apprehended.

The President, relying upon your discretion, authorizes you
to draw upon the Collectors of Orleans and Savannah for such
sums as may be necessary to defraying unavoidable expenses
that may be incurred in the execution of these instructions,
not exceeding, in your drafts on New Orleans, eight thousand
dollars, and in your drafts on Savannah two thousand dollars,
without further authority; of which expenses you will hereafter
exhibit a detailed account, duly supported by satisfactory
vouchers.

POSTSCRIPT.--If Governor Folch should unexpectedly require and
pertinaciously insist that the stipulation for the redelivery
of the territory should also include that portion of the
country which is situated west of the river Perdido, you are,
in yielding to such demand, only to use general words that
may by implication comprehend that portion of the country;
but, at the same time, you are expressly to provide, that such
stipulation shall not, in any way, impair or affect the right
or title of the United States to the same.

_The Secretary of State to General Matthews._

DEPARTMENT OF STATE, _April_ 4, 1812.

SIR,--I have had the honor to receive your letter of the
fourteenth of March, and have now to communicate to you the
sentiments of the President, on the very interesting subject to
which it relates.

I am sorry to have to state that the measures which you appear
to have adopted for obtaining possession of Amelia Island, and
other parts of East Florida, are not authorized by the law of
the United States, or the instructions founded on it, under
which you have acted.

You were authorized by the law, a copy of which was
communicated to you, and by your instructions, which are
strictly conformable to it, to take possession of East
Florida, only in case one of the following contingencies
should happen: either that the Governor or other existing
local authority should be disposed to place it amicably in the
hands of the United States, or that an attempt should be made
to take possession of it by a foreign power. Should the first
contingency happen, it would follow, that the arrangement being
amicable, would require no force on the part of the United
States to carry into effect. It was only in case of an attempt
to take it by a foreign power that force could be necessary, in
which event only were you authorized to avail yourself of it.

In either of these contingencies was it the policy of the law,
or purpose of the Executive, to wrest the province forcibly
from Spain; but only to occupy it with a view to prevent its
falling into the hands of any foreign power, and to hold that
pledge, under the existing peculiarity of the circumstances
of the Spanish Monarchy, for a just result in an amicable
negotiation with Spain.

Had the United States been disposed to proceed otherwise, that
intention would have been manifested by a change of the law,
and suitable measures to carry it into effect. And as it was in
their power to take possession whenever they might think that
circumstances authorized and required it, it would be more to
be regretted, if possession should be effected by any means
irregular in themselves, and subjecting the Government of the
United States to unmerited censure.

The views of the Executive respecting East Florida, are further
illustrated by your instructions as to West Florida. Although
the United States have thought that they had a good title to
the latter province, they did not take possession until after
the Spanish authority had been subverted by a revolutionary
proceeding, and the contingency of the country being thrown
into foreign hands, had forced itself into view. Nor did they
then, nor have they since, dispossessed the Spanish troops of
the post which they occupied. If they did not think proper to
take possession by force, of a province to which they thought
they were justly entitled, it could not be presumed that they
should intend to act differently, in respect to one to which
they had not such a claim.

I may add, that, although due sensibility has been always
felt for the injuries which were received from the Spanish
Government in the last war, the present situation of Spain has
been a motive for a moderate and pacific policy towards her.

In communicating to you these sentiments of the Executive on
the measures you have lately adopted for taking possession of
East Florida, I add, with pleasure, that the utmost confidence
is reposed in your integrity and zeal to promote the welfare
of your country. To that zeal the error into which you have
fallen, is imputed. But, in consideration of the part which you
have taken, which differs so essentially from that contemplated
and authorized by the Government, and contradicts so entirely
the principle on which it has uniformly and sincerely acted,
you will be sensible of the necessity of discontinuing the
service in which you have been employed.

You will, therefore, consider your powers as revoked on the
receipt of this letter. The new duties to be performed will be
transferred to the Governor of Georgia, to whom instructions
will be given on all the circumstances to which it may be
proper, at the present juncture, to call his attention. I am,
&c.,

GENERAL MATTHEWS, &c.

_The Secretary of State to His Excellency D. B. Mitchell, the Governor of Georgia._

DEPARTMENT OF STATE, _April 10, 1812_.

SIR,--The President is desirous of availing the public of your
services, in a concern of much delicacy and of high importance
to the United States. Circumstances with which you are in some
degree acquainted, but which will be fully explained by the
enclosed papers, have made it necessary to revoke the powers
heretofore committed to General Matthews, and to commit them to
you. The President is persuaded that you will not hesitate to
undertake a trust so important to the nation, and peculiarly to
the State of Georgia. He is the more confident in this belief,
from the consideration that these new duties may be discharged
without interfering, as he presumes, with those of the station
which you now hold.

By the act of the fifteenth of January, one thousand eight
hundred and eleven, you will observe that it was not
contemplated to take possession of East Florida, or any part
thereof, unless it should be surrendered to the United States
amicably by the Governor, or other local authority of the
province, or against an attempt to take possession of it by a
foreign power: and you will also see that General Matthews'
instructions, of which a copy is likewise enclosed, correspond
fully with the law.

By the documents in possession of the Government, it appears
that neither of these contingencies have happened; that,
instead of an amicable surrender by the Governor, or other
local authority, the troops of the United States have been used
to dispossess the Spanish authority by force. I forbear to
dwell on the details of this transaction, because it is painful
to recite them. By the letter to General Matthews, which is
enclosed, open for your perusal, you will fully comprehend the
views of the Government respecting the late transaction; and,
by the law, the former instructions to the General, and the
late letter now forwarded, you will be made acquainted with
the course of conduct which it is expected of you to pursue in
future, in discharging the duties heretofore enjoined on him.

It is the desire of the President that you should turn your
attention and direct your efforts, in the first instance, to
the restoration of that state of things in the province which
existed before the late transactions. The Executive considers
it proper to restore back to the Spanish authorities, Amelia
Island, and such other parts, if any, of East Florida, as may
have thus been taken from them. With this view, it will be
necessary for you to communicate _directly_ with the Governor
or principal officer of Spain in that province, and to act in
harmony with him in the attainment of it. It is presumed that
the arrangement will be easily and amicably made between you. I
enclose you an order from the Secretary of War to the commander
of the troops of the United States to evacuate the country,
when requested so to do by you, and to pay the same respect
in future to your order in fulfilling the duties enjoined by
the law, that he had been instructed to do to that of General
Matthews.

In restoring to the Spanish authorities Amelia Island, and such
other parts of East Florida as may have been taken possession
of in the name of the United States, there is another object to
which your particular attention will be due. In the measures
lately adopted by General Matthews to take possession of that
territory, it is probable that much reliance has been placed,
by the people who acted in it, on the countenance and support
of the United States. It will be improper to expose these
people to the resentment of the Spanish authorities. It is not
to be presumed that those authorities, in regaining possession
of the Territory, in this amicable mode, from the United
States, will be disposed to indulge any such feeling towards
them. You will, however, come to a full understanding with the
Spanish Governor on this subject, and not fail to obtain from
him the most explicit and satisfactory assurance respecting it.
Of this assurance you will duly apprise the parties interested,
and of the confidence which you repose in it. It is hoped,
that, on this delicate and very interesting point, the Spanish
Governor will avail himself of the opportunity it presents to
evince the friendly disposition of his Government toward the
United States.

There is one other remaining circumstance only to which I
wish to call your attention, and that relates to General
Matthews himself. His gallant and meritorious services in our
Revolution, and patriotic conduct since, have always been held
in high estimation by the Government. His errors, in this
instance, are imputed altogether to his zeal to promote the
welfare of his country; but they are of a nature to impose on
the Government the necessity of the measures now taken, in
giving effect to which you will doubtless feel a disposition to
consult, as far as may be, his personal sensibility. I have the
honor to be, &c.,

JAMES MONROE.

P. S.--Should you find it impracticable to execute the duties
designated above, in person, the President requests that you
will be so good as to employ some very respectable character
to represent you in it, to whom you are authorized to allow a
similar compensation. It is hoped, however, that you may be
able to attend to it in person, for reasons which I need not
enter into. The expenses to which you may be exposed will be
promptly paid to your draft on this Department.

_The Secretary of State to D. B. Mitchell, Esq., Governor of Georgia._

DEPARTMENT OF STATE, _May_ 27, 1812.

SIR,--I have had the honor to receive your letter of the second
instant, from St. Mary's, where you had arrived in discharge of
the trust reposed in you by the President, in relation to East
Florida.

My letter by Mr. Isaacs, has, I presume, substantially answered
the most important of the queries submitted in your letter, but
I will give to each a more distinct answer.

By the law, of which a copy was forwarded to you, it is
made the duty of the President to prevent the occupation of
East Florida by any foreign power. It follows that you are
authorized to consider the entrance, or attempt to enter,
especially under existing circumstances, of British troops, of
any description, as the case contemplated by the law, and to
use the proper means to defeat it.

An instruction will be immediately forwarded to the commander
of the naval force of the United States, in the neighborhood of
East Florida, to give you any assistance, in case of emergency,
which you may think necessary, and require.

It is not expected, if you find it proper to withdraw the
troops, that you should interfere to compel the patriots to
surrender the country, or any part of it, to the Spanish
authorities. The United States are responsible for their own
conduct only, not for that of the inhabitants of East Florida.
Indeed, in consequence of the comportment of the United States
to the inhabitants, you have been already instructed not to
withdraw the troops, unless you find that it may be done
consistently with their safety, and to report to the Government
the result of your conferences with the Spanish authorities,
with your opinion of their views, holding in the mean time the
ground occupied.

In the present state of our affairs with Great Britain the
course above pointed out is the more justifiable and proper. I
have the honor to be, &c.,

JAMES MONROE.

FRIDAY, July 3.

A message was received from the Senate, by Mr. SMITH, of Maryland, and Mr. LEIB, a committee appointed for the purpose, notifying the House that the Senate have rejected 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."

MONDAY, July 6.

On motion of Mr. BIBB,

_Resolved_, That the injunction of secrecy, so far as concerns "An act to enable the President of the United States, under certain contingencies, to take possession of the country lying east of the Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes," passed on the twelfth of January, one thousand eight hundred and eleven, and "A bill 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;" passed the twenty-fifth of June last, and the proceedings thereon, respectively, be removed. And, also, so far as relates to the following letters: two from the Secretary of State to General G. Matthews, one dated the twenty-sixth of January, one thousand eight hundred and eleven, and the other the fourth of April, one thousand eight hundred twelve and two from Mr. Monroe to General D. B. Mitchell, one dated the tenth of April, the other the twenty-seventh of May, one thousand eight hundred and twelve.

The doors were then opened.

TWELFTH CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, NOVEMBER 2, 1812.

PROCEEDINGS IN THE SENATE.

MONDAY, November 2, 1812.

The second session of the twelfth Congress commenced this day at the city of Washington, conformably to the act passed at the last session, entitled "An act fixing the time for the next meeting of Congress;" and the Senate assembled in their Chamber.

PRESENT.

NICHOLAS GILMAN and CHARLES CUTTS, from New Hampshire.
JOSEPH B. VARNUM, from Massachusetts.
CHAUNCEY GOODRICH, from Connecticut.
JEREMIAH B. HOWELL, from Rhode Island.
JONATHAN ROBINSON, from Vermont.
JOHN LAMBERT, from New Jersey.
MICHAEL LEIB, from Pennsylvania.
OUTERBRIDGE HORSEY, from Delaware.
SAMUEL SMITH, from Maryland.
JESSE FRANKLIN and JAMES TURNER, from North Carolina.
JOHN GAILLARD, from South Carolina.
WILLIAM H. CRAWFORD and CHARLES TAIT, from Georgia.
GEORGE W. CAMPBELL, from Tennessee.
THOS. WORTHINGTON and ALEXANDER CAMPBELL, from Ohio.

There being no quorum, the Senate adjourned till to-morrow.

TUESDAY, November 3.

ANDREW GREGG, from the State of Pennsylvania, and JOHN TAYLOR, from the State of South Carolina, severally attended.

WILLIAM H. CRAWFORD, President _pro tempore_, resumed the chair.

_Ordered_, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business.

A message from the House of Representatives informed the Senate that a quorum of the House is assembled and ready to proceed to business. The House have appointed a committee on their part, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States and notify him that a quorum of the two Houses is assembled and ready to receive any communication that he may be pleased to make to them.

The Senate concurred in the appointment of a joint committee on their part, agreeably to the resolution last mentioned; and Messrs. GAILLARD, and SMITH of Maryland, were appointed the committee.

A committee was appointed agreeably to the 42d rule for conducting business in the Senate. Messrs. LEIB, FRANKLIN, and GREGG, are the committee.

_Resolved_, That each Senator be supplied, during the present session, with three such newspapers printed in any of the States as he may choose, provided that the same be furnished at the usual rate for the annual charge of such papers: and provided, also, that if any Senator shall choose to take any newspapers other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers.

Mr. GAILLARD reported from the joint committee, that they had waited on the President of the United States, and that the President had informed the committee that he would make a communication to the two Houses at twelve o'clock to-morrow.

WEDNESDAY, November 4.

OBADIAH GERMAN, from the State of New York, took his seat in the Senate.

On motion by Mr. LEIB, a committee of three members were appointed, who, with three members of the House of Representatives, to be appointed by the said House, shall have the direction of the money appropriated to the purchase of books and maps for the use of the two Houses of Congress; and Messrs. LEIB, TAIT, and CAMPBELL of Tennessee, were appointed the committee on the part of the Senate.

_President's Annual Message._

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

_Fellow-citizens of the Senate
and House of Representatives_:

On our present meeting, it is my first duty to invite your
attention to the providential favors which our country has
experienced, in the unusual degree of health dispensed to its
inhabitants, and in the rich abundance with which the earth
has rewarded the labors bestowed on it. In the successful
cultivation of other branches of industry, and in the progress
of general improvement favorable to the national prosperity,
there is just occasion, also, for our mutual congratulations
and thankfulness.

With these blessings are necessarily mingled the pressures and
vicissitudes incident to the state of war into which the United
States have been forced by the perseverance of a foreign power
in its system of injustice and aggression.