Chapter I: A. Coles (58)

"It is not my place, sir, to reason with you on this business.
_Proof of Nativity_, in his first letter, is a strong
expression; and how few are in possession of it, and how many
who cannot obtain it.

"The second paragraph, in the second letter, prevents my
interfering; and I have since been obliged to send a man away,
requesting him to apply to his commanding officer."

_Copy of a letter from John Mitchell, Esq., Agent for American
Prisoners of War at Halifax, to Sir John Borlase Warren,
dated_

DECEMBER 1, 1812.

SIR: Since the sailing of the last cartels, in which you were
pleased to send home several Americans, who had been in His
Britannic Majesty's service, others who are now on board of the
Centurion and Statira have requested of me to procure their
discharge, and to be sent home.

Will you, sir, have the goodness to direct an inquiry, and
order the release of such as are citizens of the United States?

Besides the enclosed list, I am told there are others whose
names I have not.

I have the honor to be, &c.,

JOHN MITCHELL, _Agent_.

_Copy of a letter from Admiral Sir John Borlase Warren, to
John Mitchell, Esq., Agent for American Prisoners of War at
Halifax, dated_

DECEMBER 1, 1812.

SIR: I have the honor to acknowledge the receipt of your letter
of this date, respecting some men, therein mentioned, on board
His Majesty's ships under my command, said to be citizens of
the United States, and in reply, beg to acquaint you, that
whenever I have received representations from the captains of
His Majesty's ships of any part of their crews being citizens
of America, with sufficient proof of their nativity, I have
directed their discharge from the service.

I must observe to you that I cannot permit the interference of
any applications from men belonging to His Majesty's ships, but
through their commanding officers: and in your department, of
prisoners of war only, I shall at all times be most happy to
receive your communications.

I have the honor to be, &c.,

JOHN B. WARREN.

_Copy of a letter from John Mitchell, Esq., Agent for American
Prisoners of War at Halifax, to Admiral Sir John Borlase
Warren, dated_

DECEMBER 3, 1812.

SIR: I had yesterday the honor to receive your letter, dated
the 1st instant, in which you observe that you cannot permit
the interference of any application from men on board of His
Britannic Majesty's ships of war, but through their commanding
officers.

Desirous of conforming as far as possible to established
regulations, permit me the honor to inquire of your Excellency,
if by your letter I am to understand that I am not to receive
the applications of seamen declaring themselves citizens of
the United States, who are on board of His Majesty's ships of
war, and communicate the same to you? If this is the meaning,
I shall most certainly conform, though I must lament the
regulation.

I have the honor to be, &c.,

J. MITCHELL, _Agent, &c._

_Copy of a letter from Admiral Sir John Borlase Warren, to
John Mitchell, Esq., Agent for American Prisoners of War at
Halifax, dated_

DECEMBER 4, 1812.

SIR: In reply to your letter, dated yesterday, I have to
acquaint you that whenever any address is made relative to men
on board His Majesty's ships, it must be by the commanders of
such vessels direct.

I cannot permit any application by other persons in time of
war, but in the above mode.

It will always afford me pleasure to attend to your wishes
in any respect relative to the situation or exchange of
prisoners, or to afford any aid or relief in my power. I have
the honor to be, &c.,

JOHN B. WARREN.

_From Commodore Rodgers to the Secretary of the
Navy._

U. S. FRIGATE PRESIDENT,
BOSTON, _Jan. 14, 1813_.

SIR: Herewith you will receive two muster books, of His
Britannic Majesty's vessels Moselle and Sappho, found on board
the British packet Swallow.

As the British have always denied that they detained on board
their ships of war American citizens, knowing them to be such,
I send you the enclosed, as a public document of their own, to
prove how illy such an assertion accords with their practice.

It will appear by these two muster books that so late as August
last, about an eighth part of the Moselle and Sappho's crews
were Americans; consequently, if there is only a quarter part
of that proportion on board their other vessels, that they have
an infinitely greater number of Americans in their service than
any American has yet had an idea of.

Any further comment of mine on this subject, I consider
unnecessary; as the enclosed documents speak but too plainly
for themselves. I have the honor to be, &c.,

JOHN RODGERS.

Hon. PAUL HAMILTON, _Secretary of the Navy_.

The Message and documents were read, and referred to the Committee of Foreign Relations.

TUESDAY, January 26.

_Treasury Notes._

On motion of Mr. CHEVES, the House resolved itself into a Committee of the Whole on the bill reported by the Committee of Ways and Means authorizing the issuing of Treasury notes for the service of the year 1812.

[The bill authorizes the President of the United States to
cause to be issued Treasury notes to the amount of five
millions of dollars, and also, if he shall deem it expedient,
to issue a further amount, not exceeding five millions of
dollars, provided the amount issued under the latter provision
shall be deemed and held to be in part of the loan of sixteen
millions of dollars authorized by the bill passed this day. The
notes to bear interest at the rate of five and two-fifths per
cent. per annum, to be redeemed one year after the day on which
they are respectively issued.]

The bill having been read through by sections, and no objection having been made thereto, the committee rose and reported it.

The bill was ordered to be engrossed for a third reading without division; and then the House adjourned.

FRIDAY, January 29.

A new member, to wit, from New York, THOMAS P. GROSVENOR, elected to supply the vacancy occasioned by the resignation of Robert Le Roy Livingston, appeared, produced his credentials, was qualified, and took his seat.

_Grant to Daniel Boone._

Mr. HEMPSTEAD, from the committee to whom were referred the petition of Daniel Boone, and the resolutions of the Legislature of Kentucky in his behalf, made a report; which was read twice, and committed to a Committee of the Whole on Monday next.

_Territory of Missouri._

Mr. MCKEE, from the select committee which was directed to inquire into the propriety of amending the act for the government of the Missouri Territory, reported against any amendment. The report is as follows:

That they have had the subject to them referred under their
consideration, and have examined the act above recited. The
principal difficulty suggested to the committee, occurring in
the execution of the law, appears to relate to the election
of a delegate to represent the interest of the Territory in
the Congress of the United States. By the first clause of
the 6th section of the act it is provided "that the House of
Representatives shall be composed of members elected every
second year, by the people of the said Territory, to serve for
two years." By the 13th section of the said act it is also
provided "that the citizens of the said Territory entitled
to vote for Representatives to the General Assembly thereof,
shall, at the time of electing their Representatives to the
said General Assembly, also elect one delegate from the said
Territory to the Congress of the United States." It also
appears that an election was held in pursuance of the act
on the second Monday of November last, when a delegate was
elected. It appears that doubts have been entertained whether
the delegate thus elected can legally hold his seat after the
3d day of March next, and an alteration of the law has been
suggested as necessary to obviate the difficulty. It seems to
the committee that the first clause of the 6th section, and the
13th section of the act, taken together, leaves no room for
doubt, but evidently fixes the period for which the delegate
may hold his seat at two years from the second Monday of
November last; and it follows, as a necessary consequence, that
the delegate elected in pursuance of the law, and for the term
of two years, cannot be deprived of his right to a seat by any
subsequent law.

It also appears to the committee that the Territorial
Legislature are furnished, by the 7th section of the act, with
competent power to change the time of holding elections so as
to obviate any difficulty that may occur in the subsequent
elections of a delegate.

The committee, therefore, recommend the following resolution:

_Resolved_, That the act entitled "An act providing for the
government of the Territory of Missouri," requires no amendment.

_By Benjamin Howard, Governor of the Territory of Louisiana,
Commander-in-Chief of the Militia thereof, and Superintendent
of Indian Affairs, in and over the same_:

A PROCLAMATION.

In discharge of those duties enjoined on the Governor of this Territory by an act of the Congress of the United States of America, approved the 4th of June, 1812, entitled "An act providing for the government of the Territory of Missouri," I have made the following arrangements, preparatory to the new organization of Government to be instituted by the said act, and which will commence its operation on the first Monday in December next; that is to say;

I have divided the future Territory of Missouri into five counties, excluding from the civil jurisdiction of each of said counties any tract or tracts of country which may fall within their respective general limits, as hereinafter set forth, the Indian title to which may not have been extinguished.

That portion of territory situated north of the Missouri River, and usually known by the name of the Forks, as lying between that river and the river Mississippi, shall compose one county, and be called the county of St. Charles.

That portion of territory bounded by the Missouri river on the north; by the Mississippi on the east; on the south by the Platin creek, from its mouth to its source; thence by a west line to the Missouri river, or to the western boundary of the Osage purchase; and on the west, by the said western boundary of the Osage purchase, shall compose one other county, and be called the county of St. Louis.

That portion of territory bounded by the county of St. Louis on the north; on the east by the Mississippi; on the south by Apple creek, from its mouth to its source; thence by a due west line to the western boundary of the Osage purchase; and on the west, by the said western boundary of the Osage purchase, shall compose one other county, and be called the county of St. Genevieve.

That portion of territory bounded on the north by the south limit of the county of St. Genevieve; east by the Mississippi; west by the western boundary of the Osage purchase; and south by that line which formerly separated the commanders of Cape Girardeau and New Madrid, and known more recently as the boundary between these two districts, shall compose one other county, and be called the county of Cape Girardeau.

That portion of territory bounded north by the south limit of the county of Cape Girardeau; east by the Mississippi; south by the 33d degree of north latitude, (the southern boundary of this Territory as settled by act of Congress;) west by the western boundary of the Osage purchase; and from the southern extremity thereof to the 33d degree of north latitude aforesaid, shall compose one other county, and be called the county of New Madrid.

And I do hereby make known and declare that elections of Representatives, to serve in the General Assembly of the future Territory of Missouri, shall be holden throughout the Territory, on the second Monday of November next, at the respective seats of justice of the present districts, which are hereby declared to be the seats of justice for the several future counties respectively except that the town of New Madrid shall be the seat of justice of the future county of New Madrid, which said future county will comprehend the present districts of New Madrid and Arkansas; to wit: at the town of St. Charles for the future county of St. Charles, at which time and place there will be chosen for the said county two Representatives. At the town of St. Louis for the future county of St. Louis, at which time and place there will be chosen four Representatives. At the town of St. Genevieve for the future county of St. Genevieve, at which time and place there will be chosen for the said county three Representatives. At the town of Cape Girardeau for the future county of Cape Girardeau, at which time and place there will be chosen for the said county two Representatives. And at the town of New Madrid for the future county of New Madrid, at which time and place there will be chosen for the said county two Representatives.

And I do, moreover, make known and declare that on the said second Monday of November next, an election will also be holden, at the several seats of justice aforesaid, for a Territorial delegate to the Congress of the United States. And I do enjoin and require that these elections be holden by the sheriffs of the present districts, or in their absence, or inability to act, by the coroners respectively; that the said sheriffs or coroners shall take the polls of those qualified to vote; that the clerks of the courts of the present districts, or their deputies, shall respectively write down the names of the voters in a fair and legible manner, and that the presiding judges of the courts of the present districts respectively, or in case of absence, or inability to act, the next in commission shall attend, and be judges of the qualification of the voters; that the said elections shall be opened at the respective seats of justice aforesaid, at or before 9 o'clock in the morning of the said second Monday of November, and close at sunset of that day.

And the sheriffs or coroners respectively, after having caused the proces-verbal of said polls to be signed by the clerks or their deputies, who may have respectively committed the same to writing, and countersigned by the judges respectively who may have attended the elections, will themselves certify the same, explicitly stating, at large, the names of the persons elected as Representatives, and the name of the person having the greatest number of votes as a delegate to Congress, and make immediate return thereof to the Governor of the Territory.

And I do, lastly, enjoin and require, that the Representatives of the several future counties, so as aforesaid to be elected, do convene in the town of St. Louis on the first Monday in December next, as provided by the act of Congress aforesaid.

In testimony whereof, I have caused the seal of the Territory of Louisiana to be hereunto affixed. Given under my hand, at the town of St. Louis, the first day of October, in the year of our Lord one thousand eight hundred and twelve, and of the independence of the United States of America the thirty-seventh.

BENJAMIN A. HOWARD.

For the information of the people who are called on to decide the right of suffrage by the Governor's proclamation, we have inserted below that part of the law which defines the qualification as well of the Representative as of the voter.

"No person shall be eligible or qualified to be a Representative, who shall not have attained to the age of twenty-one years, and who shall not have resided in the Territory one year next preceding the day of election, and who shall not be a freeholder within the county in which he may be elected; and no person holding an office under the United States, or an office of profit under the Territory, shall be a Representative. In case of vacancy, by death, resignation, or removal or otherwise of a Representative, the Governor shall issue a writ to the county wherever a vacancy may be as aforesaid, to elect another person to serve the residue of the term. That all free white male citizens of the United States above the age of twenty-one years, who have resided in said Territory twelve months next preceding an election, and who shall have paid a territorial or county tax, assessed at least six months previous thereto, shall be entitled to vote for Representatives to the General Assembly of said Territory."

The report was ordered to lie on the table.

_Arming and Classing the Militia._

The House resumed the consideration of the bill supplementary to the act for arming the militia, and for classing the same.

Mr. FITCH moved to strike out all that part of the bill which provides for the classing the militia of the United States.

Mr. ELY said that he was totally opposed to the classification of the militia; that it had been pressed upon us from year to year, by gentlemen from the Southern section of the Union, he knew not why; that he thought the effects of the measure in rendering the militia efficient, for constitutional purposes, were very trifling and unimportant. From some cause or other, the militia in the Southern States are very little improved, and gentlemen seemed to imagine that classification was to supply the place of arms, of organization, of discipline, of every thing. This would not prove to be the case. He said that the laws heretofore made had proved in the Northern States, particularly in Massachusetts, abundantly sufficient to answer all the purposes of forming an efficient militia; but they have been followed up by State regulations which had been enjoined by penalties sufficiently severe. These, he had understood, had been in a great measure neglected in the South, and this was the reason that the militia were so imperfect; and if the States would not enforce those laws, he had no idea they would enforce this. The sums expended on the militia in Massachusetts, both from the public treasury and by private individuals, is very great--that State has furnished more than sixty artillery companies, with their pieces, ammunition carriages, and every thing appurtenant to them, complete; the artillery and cavalry are completely uniformed and equipped, and are required so to be by law; for the greater part, the infantry are in uniform complete, are well armed, and are equal in all respects to any militia in the world. That this classification would add to their burdens, and they had already burdens enough; that it would be an insidious thing, and so considered by the militia, and go to destroy the harmony of the militia corps. That if gentlemen in the South thought it would be useful, let their State governments, who were the best judges, adopt as much of it as they pleased. No one would object to that, if they did not interfere with existing regulations. All will acknowledge that the State Governments have it in their power, and it has been, in some form or other, exercised by some of the States, and particularly by Pennsylvania--this measure will interfere with their favorite mode. He said he was disposed to have the militia in the South improved, but he prayed gentlemen not to adopt a measure calculated to injure one part of the militia, more than it would benefit the other; he hoped the provisions for classing the militia would be stricken out of the bill.

Mr. WILLIAMS and Mr. STOW opposed the motion.

The question was decided by yeas and nays: For striking out 58, against it 65.

The bill was then ordered to be engrossed for a third reading.

SATURDAY, January 30.

A new member, to wit, from North Carolina, WILLIAM KENNEDY, elected to supply the vacancy occasioned by the death of Gen. Thomas Blount, appeared, was qualified, and took his seat.

_Constitution and Guerriere._

The engrossed bill providing compensation to Captain Hull, and the officers and crew of the frigate Constitution, for the capture and destruction of the British frigate Guerriere, was read a third time.

[The bill authorizes a grant of $50,000.]

Mr. MCKEE opposed the passage of the bill, on the ground that the President has no authority to expend the public money in gratuitous grants to individuals.

Mr. SAWYER stated, that he wished to make some remarks in reply to Mr. MCKEE, but, from the lateness of the hour, and an indisposition with which he was oppressed, it was not now in his power. He therefore moved an adjournment, which was carried--ayes 54.

MONDAY, February 1.

Mr. SEAVER presented a petition of Benjamin Waterhouse, medical doctor, of Boston, stating that he is willing, and wishes to undertake the inoculation of the army of the United States with the "kine-pock inoculation," and praying the aid and patronage of Congress in that undertaking.--Referred to the Committee on Military Affairs.

_Constitution and Guerriere._

The House resumed the order of the day on the bill making compensation to the officers and crew of the Constitution for the destruction of the frigate Guerriere. The bill being on its third reading--

Mr. SAWYER spoke in support of the bill, and in reply to Mr. MCKEE.

Mr. DAWSON.--Mr. Speaker: The bill which is now on your table, and which I hope will soon receive your signature, was drawn from a resolution, or rather the part of a resolution which I had the honor to offer you at the very commencement of the session.

When I offered you that resolution, I did hope, and I did believe, that it would have received the immediate attention and unanimous approbation of this House; that regardless of those punctilios which too often shackle the best intentions, and do injury to the best causes, and in compliance with the sentiments and feelings of the nation, we should have immediately expressed our own, thereby giving force to that expression, and have rendered that tribute which is justly due to undaunted valor, and to modest merit; that we should have declared our admiration, and the high sense we entertain of the gallant conduct of the defenders of their country's flag, and the defenders of her rights, and while we gave to some testimonials of our approbation, we should have yielded to all that which is justly due.

In this expectation I have been wofully disappointed; doubts, difficulties, and delays have taken place; commitment has succeeded commitment, and so many amendments, or rather alterations, have been made to the original resolution, that I can scarcely call it my own; it has received the fostering care of so many stepfathers that I am almost constrained to disown it as illegitimate; but as it is natural to protect that which we call "our own," although all the features do not please us, so I shall vote for that bill although all its provisions do not please me.

Some gentlemen, with a liberality which I neither envy, nor shall I imitate, are willing to load those brave tars with all the praise, with all the applause, which the pride of language can bestow, or which a resolution written on paper gilded with gold can confer; and, becoming their own judges, they think _that_ ample compensation for all the hardships they have suffered, for all the dangers they have encountered, for all the wounds they have received. With all the respect which I feel for these honorable gentlemen, and the high value which I set on their good opinion, I do not think it ample compensation to the brave and indigent tars who have boldly fought your battles, and generously sacrificed their interest for your good; they merit some more substantial stuff than air; they have acquired for you, sir, they have given to your enemy, something more substantial.

Others there are, who are well pleased to bestow on the brave officers who have distinguished themselves, some testimonials of our approbation--some insignia of their merit. With these gentlemen I most perfectly agree, and most cordially voted in favor of the bill for that purpose. But, while I remember the gallant captain who proudly steps the quarterdeck, I will not forget the sailor boy, "who whistles o'er the lee," or the aged mariner who fathoms the deep, and on whom, when the battle rages, danger has no more effect than the foaming surge which surrounds him has on the hard rock, when it dashes and breaks against its side; they all, sir, are entitled to your applause and gratitude; they all demand your justice; and to render that justice is the object of the bill now on your table, as I will presently show, and which had it passed at an earlier period of the session, as I did expect it would, your "Constellation" would not have lain for weeks within your view for the want of men, and is still, I believe, in your waters, but would long since have been at sea, and would have added new trophies to those already won.

The Secretary of the Navy, I mean the late Secretary, in whose veracity and integrity I have the highest confidence, who carries to his retirement the best wishes of my heart, and under whose auspices this gallant exploit was achieved, and Commodore Hull, whose disinterestedness seems only equalled by his valor, have informed us that "the Guerriere" when she went into action was worth two hundred thousand dollars, and that she had articles on board to the value of one hundred thousand dollars. She was one of the finest frigates in the British navy, well manned, and commanded by one of their most experienced and gallant captains! This ship, our frigate, "the Constitution," of equal force, attacked, vanquished, and captured, after a short, though one of the most brilliant actions recorded in the naval history of any country; thereby giving certain presages of future glory, and a character to our rising navy, coeval almost with its existence, and setting an example which other officers and crews, equally emulous of fame, have since imitated, and have obtained the same laurels, which will never fade.

Agreeably to the act for the better government of the Navy of the United States, the ship, with all articles on board her, became their prize; they might have used it to their best advantage; they might have brought her into port, and divided the whole among themselves; but apprehensive that from the crippled state of the prize she might again fall into the hands of your enemy; nay, sir, that your own frigate might be endangered in protecting and convoying her, they with that liberality, with that magnanimity which marks the character of the sailor, determined to destroy her, thereby sacrificing their interest for your good.

And here, Mr. Speaker, let me ask what other class of men in our society can you find who would have acted thus nobly? I fear, sir, we shall search for them in vain. I am sure, sir, that we shall not find them among those who daily violate your laws, relieve your enemy of his surplus manufactures, or supply him with your provisions, and then come here and receive indemnification, remission for the crimes which they have committed.

And, sir, what is the mighty boon which these brave and indigent tars ask from you? or rather was it that I, in the name of justice, demanded for them?--it is one-sixth part in value of that property--of their property, which they have sacrificed for your good, rather than it should fall into the hands of your enemy. And will you refuse it? No, you will not, you cannot, you dare not. You will not, because every consideration of policy, and the best interest of our country, forbid it; you cannot, because every feeling which ennobles the human heart, and I think I know yours, forbids it; you dare not, because justice forbids it; and you dare not do an act so flagitious.

Mr. Speaker, during the very lengthy discussions which have taken place in this session, I have remained silent in my seat; this has not arisen from a supineness of disposition, or from an inattention to the public business, or the public welfare, but in the hope, that when gentlemen had exhausted all their eloquence, they would have permitted us to progress, and to place our country in the situation demanded by the crisis; and I should have indulged that disposition which I have to be silent, had not an attempt been made to deprive the brave and needy tars of that which is justly due to them; but under these circumstances I could not restrain my feelings, and have to regret that I cannot give to them that utterance which the occasion calls for.

[The argument against this bill was, that it would be setting a precedent which would be considered authoritative in future cases; that it was giving a donation for an act of duty only, though gallantly performed. It was rewarding a service, which, had it been rendered on land, would have received no remuneration, as experience had proved in the case of the Tippecanoe expedition; and that it was contrary to justice to confer pecuniary rewards on one class of our citizens in exclusion of others. In favor of the bill it was stated that the captured vessel, if she had been brought into port, would have produced six times the amount now proposed to be allowed to her; and that the captors ought not to incur a total loss from the destruction of the vessel, which the fear of her falling into the hands of the enemy had rendered necessary to the public service. It was urged, that if any _city_ in the United States had to legislate on this subject, five times as much would have been awarded as is now proposed. All the gentlemen who spoke, offered the tribute of their respect to the gallantry and conduct of the officers and seamen of our public vessels.]

The question on the passage of the bill was decided in the negative--yeas 55, nays 59.

WEDNESDAY, February 3.

_Virginia Military Bounty Lands._

The House then proceeded to consider the report of the Committee of the Whole on the report of the select committee touching the claims of the officers and soldiers of the Virginia line of the Revolutionary army to military bounty lands.

The question was then taken to concur with the Committee of the whole House in their disagreement to the resolution recommended by the select committee, which is as follows:

_Resolved_, That provision should be made for securing to the
officers and soldiers of the Revolutionary army of Virginia,
on State establishment, in the land or sea service of the said
State, the bounty lands which were promised to them, either
by a law or resolution of the said Commonwealth, out of the
lands not otherwise appropriated, and lying on the northwest
side 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 of the aforesaid
engagement cannot there be found, that their bounties shall be
satisfied out of any other public land of the United States,
not heretofore otherwise appropriated:

And was determined in the affirmative--yeas 66, nays 41.

FRIDAY, February 5.

_Encouragement to Public and to Private Armed
Privateers._

On motion of Mr. MCKIM,

_Resolved_, That the Committee on Naval Affairs be instructed to inquire into the expediency of relinquishing, in favor of the officers and crews of the public armed ships of the United States, a greater portion of the value of prizes than they are now by law entitled to; and, also, to inquire into the expediency of providing further encouragement to equipping and employing private armed vessels of war against the ships and commerce of the enemy; and that the committee have leave to report by bill, or otherwise.

WEDNESDAY, February 10.

A message was received from the Senate informing the House that, owing to the indisposition of Mr. GAILLARD, the Senate have appointed Mr. FRANKLIN the teller, on their part, at the counting of the votes of the Electors for President and Vice President of the United States.

_Counting of Electoral Votes._

The hour of 12 having arrived, the Senate entered the Hall of Representatives, preceded by their President, Secretary, Sergeant-at-Arms, and Doorkeeper, and proceeded to seats prepared for them--the members of the House having risen to receive them, and remaining standing until all had entered. The President of the Senate took a seat which had been prepared for him at the Speaker's right hand, and the Secretary of the Senate was placed beside the Clerk of the House. The Tellers--Mr. FRANKLIN of the Senate, and Messrs. MACON and TALLMADGE of the House--were seated at a table in front of the Speaker's chair.

The President of the Senate then proceeded to open and hand to the Tellers the sealed returns from each State, which were severally read aloud by one of the Tellers, and noted down and announced by the Secretaries of each House.

The votes having all been opened and read, the following result was announced from the Chair, by the President of the Senate, viz:

+----------------+-------------------------+-------------------------+
| | President. | Vice President. |
| +------------+------------+------------+------------+
| STATES. | James | De Witt | Elbridge | Jared |
| | Madison. | Clinton. | Gerry. | Ingersoll. |
+----------------+------------+------------+------------+------------+
| New Hampshire | - | 8 | 1 | 7 |
| Massachusetts | - | 22 | 2 | 20 |
| Rhode Island | - | 4 | - | 4 |
| Connecticut | - | 9 | - | 9 |
| Vermont | 8 | - | 8 | - |
| New York | - | 29 | - | 29 |
| New Jersey | - | 8 | - | 8 |
| Pennsylvania | 25 | - | 25 | - |
| Delaware | - | 4 | - | 4 |
| Maryland | 6 | 5 | 6 | 5 |
| Virginia | 25 | - | 25 | - |
| North Carolina | 15 | - | 15 | - |
| South Carolina | 11 | - | 11 | - |
| Georgia | 8 | - | 8 | - |
| Kentucky | 12 | - | 12 | - |
| Tennessee | 8 | - | 8 | - |
| Ohio | 7 | - | 7 | - |
| Louisiana | 3 | - | 3 | - |
| +------------+------------+------------+------------+
| Total | 128 | 89 | 131 | 86 |
+----------------+------------+------------+------------+------------+

RECAPITULATION OF ELECTORAL VOTES.

_For President of the United States._

JAMES MADISON, of Virginia, 128
DE WITT CLINTON, of New York, 89
---
217

_For Vice President of the United States._

ELBRIDGE GERRY, of Massachusetts, 131
JARED INGERSOLL, of Pennsylvania, 86
---
217

The President of the Senate, in pursuance of the joint resolutions of the two Houses, then announced the state of the votes to both Houses of Congress, and declared "That JAMES MADISON, of the State of Virginia, was duly elected President of the United States, for four years, to commence on the fourth day of March next; and that ELBRIDGE GERRY was duly elected Vice President of the United States, for the like term of four years, to commence on the said fourth day of March next."

The two Houses then separated, and the Senate returned to their Chamber.

THURSDAY, February 11.

A message from the Senate informed the House that the Senate have appointed a committee, on their part, to join such committee as this House may appoint on their part, to wait upon the President of the United States, and to inform him of his re-election, for four years, to commence on the fourth day of March next.

_Regulation of Seamen._

The House resumed the consideration of the bill excluding foreign seamen from the service of the United States.

Mr. PITKIN'S motion to strike out the first section of the bill, for the purpose of inserting a proposed amendment, being still under consideration, considerable discussion took place on it, but it was eventually withdrawn to give way to the following motion.

Mr. RIDGELY moved to strike out of the first section all the words in brackets, as follows:

SEC. 1. _Be it enacted, &c._, That from and after the
termination, by a treaty of peace, of the war in which the
United States are now engaged with Great Britain, it shall not
be lawful to employ as seamen, or otherwise, on board of any
public vessel of the United States, or of any vessel owned by
citizens of the United States, or sailing under their flag,
any person or persons, except natural born citizens of the
United States, or citizens of the United States at the time of
such treaty being made and concluded, [or persons who, being
resident within the United States at the time of such treaty,
and having previously declared, agreeably to existing laws,
their intention to become citizens of the United States, shall
be admitted as such within five years thereafter in the manner
prescribed by law.]

After some conversation, the motion was negatived by yeas and nays--for it 40, against it 80.

SATURDAY, February 13.

_Encouragement for Privateering--Bounty for
Prisoners._

Mr. BASSETT, from the Committee on the Naval Establishment, made a report relative to the expediency of affording greater encouragement to privateering. The report is as follows:--

That, in relation to the first inquiry, they find that, by the
British statutes of the 13th and 27th of George the Second,
the whole prize of each and every public armed vessel is given
to the officers and crews making the capture; and they find
this principle published by British proclamation, in relation
to the present war with the United States. The laws of the
United States, vol. 3, page 360, direct that, if a capture be
made by an American public armed vessel, of equal or superior
force, the capturing vessel shall have the whole; in all other
cases of capture, one-half is distributed to the officers,
and the other half is paid to the Commissioners of the Navy
Pension Fund, pledged, first, for the payment of pensions,
and the surplus to be disbursed for the comfort and benefit
of seamen. This fund for Navy pensions amounts to something
more than two hundred thousand dollars, yielding an annual
interest of fifteen thousand dollars; and the amount of
pensions is from seven to eight thousand dollars; leaving a
yearly balance of seventeen thousand dollars in favor of the
fund, and this without the addition of the prizes made this
war, which are known to exceed one hundred thousand dollars,
and will probably amount to two hundred thousand dollars, so
as to double the fund; while only four persons have been added
to the list by the war, to receive twenty-one dollars. From
the above it appears, that, from the old pension list, the
amount of pensions is little more than three per centum on the
amount of prizes. Were five per cent. from the future prizes,
to be added to this fund, on past experience it would promise
an adequate sum for the payment of pensions. Your committee,
however, concluded that it would not do to rely conclusively
on past experience, and, on the ground of certainty, deemed
it best for the fund to remain as established for another
year, when more experience would give more confidence to the
decision. As this report is intended to bring the subject under
the view of the House, with the hope that it will not be lost
sight of at the next session, it will be proper here to add,
that, with some of the committee, the idea was entertained
that ten per cent. should be withheld from distribution, viz.:
five per cent. for the pension, and five for the navy hospital
fund; in which not only the imbecility of decrepitude, but the
imbecility of infancy should always find an asylum. On the
other branch of the inquiry, your committee give their fullest
attestation to the utility and importance of privateers. If, at
other times and in other countries, the effect of individual
exertion has been distrusted, the unexampled gallantry of our
citizens, in that way, since the declaration of war, assures
us that, with Americans, even the individual arm can make an
efficient impression on the foe. The mode, however, of giving
encouragement, they found not free from difficulty. As least
liable to objection, they recommend that a bounty be paid for
every prisoner brought in; and, that this proposition may be
regularly before the House, they report a bill.

Mr. BASSETT, from the Naval Committee, then reported a bill allowing a bounty to privateers. [Allowing a bounty of ---- dollars for each person they bring in.] Twice read and committed.

_Additional General Officers._

On motion of Mr. WILLIAMS, the House resolved itself into a Committee of the Whole on the bill authorizing the appointment of additional general officers in the Army of the United States.

[The bill provides for the appointment of ---- additional Major Generals, and ---- Brigadier Generals.]

The following letters from the Secretary of War were read:

ADJUTANT GENERAL'S OFFICE,

WASHINGTON, _December 23, 1812_.

SIR: Before I reply to your question, "how many major generals
and brigadiers are necessary for an army of thirty-five
thousand men?" it may not be amiss to state what is believed
to have been the proportion of officers of these grades in
the Revolutionary army, and what is understood to be the
proportion, at this time, in European armies.

In the first army of the Revolution, raised in 1775, we had a
commander-in-chief, four major generals, and eight brigadiers.
In 1776, five brigadiers were promoted to the rank of major
generals, and twenty-three brigadiers appointed. In 1777, six
brigadiers were promoted to the rank of major generals, and
three major generals and eighteen brigadiers appointed.

The loss of papers in the War Office, by fire, in 1800, renders
it impossible to say, with precision, at what particular
periods many of these general officers left the service; but
it is within my recollection that, on the 28th of June, 1778,
fourteen major generals, and sixteen brigadiers, were actually
in service of the United States. Yet, by referring to the
official letters of General Washington, in 1778 and 1779, it
will be seen that a further increase of general officers was
often and warmly recommended.

The main army, under the immediate command of General
Washington, it is believed, never amounted to thirty-five
thousand men, and it is by no means certain that this number
was ever in service at one and the same time, in the whole of
what was designated "the continental army." Yet, at no period,
between the first of May, 1777, and the close of the war, had
we less than thirty general officers in service.

It was deemed necessary, in the Revolution, and it is
understood to be the general practice in Europe, at this time,
to have at least one brigadier general for every two thousand
men, and one major general for every four thousand.

In this country we have never had a grade between the
commander-in-chief and that of major general; hence it was
found necessary, in the "continental army," to give to the
senior major general the command of the right wing, and to the
next in rank, that of the left, which, from the limited number
of general officers, often left a division to a brigadier, a
brigade to a colonel, and a regiment to a subordinate field
officer; but, in Europe, this difficulty is obviated by the
appointment of general officers of higher grades.

From the best information I have been able to obtain on this
subject, I have no hesitation in saying that eight major
generals, and sixteen brigadiers, to command the divisions
and brigades of an army of thirty-five thousand men, is the
lowest estimate which the uniform practice of France, Russia,
and England, will warrant, and that this is much below the
proportion of officers of these grades actually employed in the
army of the Revolution.

As you have not required my opinion whether it be necessary
to have a higher grade than that of major general, I have not
deemed it proper to touch this subject, and have confined
myself to the number of major generals and brigadiers deemed
necessary to command the divisions and brigades of an army of
thirty-five thousand men. It may not, however, be improper to
remark that, if it is intended to have no higher grade than
that of major general, their number should be increased to
eleven; so as to give one for the chief command, one for each
wing, and one for each division of four thousand men.

I am, sir, very respectfully, yours, &c.

T. H. CUSHING, _Adj't Gen._

The Hon. SECRETARY OF WAR.

WAR DEPARTMENT, _Feb. 10, 1813_.

SIR: In reply to the letter you did me the honor to write
to me, on the 5th instant, by direction of the Committee on
Military Affairs, I respectfully submit the following opinions:

1st. That an increased number of general officers is essential
to the public service. The number of regiments provided for
by law, is, two of light dragoons, three of heavy artillery,
one of light artillery, one of riflemen, and forty-five of
infantry, making, together, fifty-two regiments.

The simplest organization is ever the best. Hence it is, that,
as a regiment consists of two battalions, so a brigade should
consist of two regiments, and a division of two brigades.

This sphere of command will be found in practice, sufficiently
large. The management of two thousand men in the field, will be
ample duty for a brigadier, and the direction of double that
number will give full occupation to a major general. To enlarge
the sphere of command in either grade would not be a mean of
best promoting the public good.

Taking these ideas as the basis of the rule, and taking
for granted, also, that our ranks are filled, the present
establishment would require twenty-five brigadiers and
twelve major generals. But the latter admission requires
qualification, and, under existing circumstances, it may be
sufficient that the higher staff should consist of eight major
generals, and sixteen brigadiers.

The general argument, on this head, might be fortified by our
own practice during the war of the Revolution, and by that of
European nations at all times. Believing, however, that this
view of the subject has been already taken by the adjutant
general, in a late communication to you, I forbear to do more
than suggest it.

2. The recruiting service would be much promoted, were the
bounty in land commutable into money, at the option of the
soldier, and at the end of his service. This modification would
be addressed to both descriptions of men--those who would
prefer money, and such as would prefer land.

I need hardly remark that bounties, at the close of service,
have many advantages over those given before service begins.
The former tie men down to their duty; the latter furnish, if
not the motive, at least the means of debauch and desertion.

Another, and a public reason, for the preference, may be found
in the greater convenience with which money may be paid at the
end, than at the commencement of a war.

I have the honor to be, with great respect, &c.

JOHN ARMSTRONG.

Hon. D. R. WILLIAMS,
_Chairman Com. on Military Affairs_.

The bill authorizing the appointment of additional general officers in the Army of the United States, was then read a third time, and passed by yeas and nays: for the bill 95, against it 30.

MONDAY, February 15.

_Suspension of Non-Importation._

Mr. CHEVES, from the Committee of Ways and Means, made the following report:--

The Committee of Ways and Means report: That they have deemed
it to be their duty, that the public service may not suffer
and that the public credit may be duly supported, to look
beyond the ways and means of the present year, and to take into
consideration the revenue which may be wanted for the year
1814. That an estimate of the probable amount of the revenue
which will accrue under existing laws, and be receivable within
that year, has been submitted to Congress in the Annual Report
of the Secretary of the Treasury made during the present
session. That, comparing the amount thereof with the sums which
will probably be required by a prudent regard to the public
credit, it appears to the committee indispensably necessary to
make a further provision; that this may be done by a partial
suspension of the non-importation acts, which will not greatly
lessen their injurious effects upon the enemy, by an additional
duty on foreign tonnage, and by the imposition of internal
taxes and duties: That, in their opinion, all these means will
be necessary to supply the revenue which will be wanted: That
it is impracticable, during the present session, consistently
with a due attention to the other business of the nation, to
enact the laws necessary to embrace the last-mentioned object;
but that this may be done without difficulty and without a
delay which will be injurious either to the public credit or
the public service, by an earlier meeting of Congress than the
constitutional period, which it will be the duty of Congress,
or the Executive branch of the Government, to fix at such time
as shall be deemed most proper and expedient: That it is,
however, necessary that the suspension of the non-importation
acts which is contemplated should be enacted at the present
session of Congress: and for this purpose and the imposition of
additional duties on foreign tonnage, they beg leave to report
a bill. They also report herewith a correspondence between the
Secretary of the Treasury and this committee on the subject of
this report.

_Letter from the Chairman of the Committee of Ways and Means to
the Secretary of the Treasury_:

COMMITTEE-ROOM, Feb. 3, 1813.

SIR: I am directed by the Committee of Ways and Means to request from you the favor of a reply to the following questions:

1. What, in your opinion, would be the probable amount of revenue applicable to the service of the year 1814, which would result from a modification or partial repeal of the non-importation acts, such as is suggested in your letter, of the 10th of June, 1812, addressed to the Committee of Ways and Means?

2. Is the modification suggested by that letter the best in your opinion that can be devised to obtain a given revenue, with the least possible diminution of the effects of the non-importation acts? If not, be pleased to suggest such alterations and improvements as occur to your mind.

3. Are there, in your opinion, any further legal provisions necessary, or will any be expedient, more effectually to enforce the non-importation acts, or to insure the more effectual collection of the revenue?

4. Would it, in your opinion, be advisable to increase the duty on foreign tonnage? If it would, to what amount? and what would be the probable addition to the revenue applicable to the year 1814 by such increase? I am, &c.,

LANGDON CHEVES.

Hon. ALBERT GALLATIN, &c.

_Answer of the Secretary._

TREASURY DEPARTMENT, Feb. 9, 1813.

SIR: I have the honor to submit the following answer to the questions proposed in your letter of the 3d instant:

1. It is believed from the reasons stated in my letter of the 10th June last to the Committee of Ways and Means, that the amount of revenue applicable to the service of the year 1814, which would result from a modification of the non-importation acts suggested in the said letter, may be estimated at about five million of dollars, provided that modification takes place during the present session of Congress.

2. No better modification, for the purposes therein intended, has suggested itself than that proposed in the letter aforesaid. But it would seem requisite, for the same object, that no drawback should be allowed on the re-exportation of the merchandise which may be thus imported.

3. The most important legal provision which appears necessary to enforce the non-importation acts, is a positive prohibition of a restoration by order of court of merchandise, the importation of which is prohibited by law. It is also believed that it will be necessary to order all the cargoes of salt, particularly from Lisbon, to be discharged under the inspection of proper officers; and it appears reasonable that the expense should be defrayed by the importers.

4. It appears, in every point of view, highly desirable, that the duty on foreign tonnage should be increased. A duty of ten dollars per ton does not seem greater than what is required for the protection of American vessels. But I cannot form any correct estimate of the probable addition resulting to the revenue from such increase. Much would depend on the suppression of the trade carried on by American vessels with enemies' licenses.