Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

In this state of our foreign relations Congress met, the members brought with them the feelings of the people, who were all alive to the late indignity offered their Government, all expected that measures of energy would be pursued. This House felt and acted. Resolutions passed almost unanimously, expressive of their sense of the insult offered by the British Minister.

The Senate passed a bill ordering the whole of the vessels of war to be put in commission, (which bill sleeps still in the other House,) and were progressing in preparations for the defence of the honor and safety of the nation, when the bill now under consideration was reported by the Committee of Foreign Relations. It operated instantly like an electric shock, it paralyzed every effort, and gentlemen were astonished when they were told that this bill was the great measure that was to preserve our honor in the eyes of all the world; that it was the grand panacea which was to heal the wounds that had been inflicted on our rights by the belligerents. In fact, it was the only measure on which we were to rely for a redress of all our grievances.

Mr. President, I read this grand effort with attention. In vain did I look for something therein that would tend to obtain satisfaction for the insult on the Chesapeake; in vain for any thing that would tend to prevent the future impressment of our seamen; in vain for any thing that would induce or coerce the belligerents to repeal their unjust orders and decrees against our lawful commerce. One great feature, and one only, was to be discovered, to wit: the repeal of the non-intercourse law – covered by a thin veil, composed, as the gentleman from Kentucky (Mr. Clay) has said, of shreds and patches. Not so, Mr. President; if it had been patchwork alone, I should not have disturbed its arrangement. But I found in it, or believe I did, that which would be ruinous to the commerce of the United States, and therefore felt myself bound by the duty I owe to my constituents to remove the veil, and leave the measure open to public view; the Senate concurred with me in opinion, to wit: to strike out the injurious sections, to which opinion I shall vote to adhere.

I have been asked, shall Congress rise and do nothing? I answer, that it is better to do nothing than to do that which will only injure ourselves. But, sir, I wished to do something; I proposed, in select committee, to strike out those sections which would only do us injury, and then fill their place with sections (which I had draughted and presented for consideration) authorizing the arming of the merchant ships, not for defence alone, but with authority to capture and make prize of any vessel that might assail them while engaged in lawful commerce, and to employ the public ships of war in convoying the trade of the nation. I met with no support in this system; there were in committee four against my motion. Discouraged by so large a proportion voting against me, I neglected, or was deterred from making the same motion in Senate, and this error I regret, although I know not whether I should have been more successful in Senate than I had been in committee; but I should have been better pleased with my own conduct. I had, it is true, an expectation that, in a committee of conference between the two Houses, that something might be introduced that would please both branches of the Legislature; and I presumed that the convoy system would be substituted. I have been mistaken. The conferees met, and the committee of Senate submitted a section, "authorizing the President, under his instructions, made conformably to the laws of nations, to grant convoy to the merchant ships of the United States engaged in lawful commerce." That proposition spoke this language to the belligerents: The United States have taken every pacific means of obtaining justice from you without success. We will no longer deprive ourselves of commerce; we will open our trade, and we will defend it. We are ready to meet the consequences that may arise, and will stand prepared for war, if war shall ensue. This, Mr. President, appeared to your committee as a course that would be honorable to the nation. It was unanimously rejected by the committee on the part of the House, who, in turn, proposed that "British ships should be permitted to bring into the United States the produce and manufactures of that nation, but should not be permitted to carry from the United States any of the produce thereof," and the same as to France. This most extraordinary proposition was unanimously rejected by the conferees on the part of the Senate. Strip the proposition, and what language does it speak? That the British merchant may send into your ports his ships and fill your market with British goods, to the great injury of your infant manufactories; he may enter into competition with them and work their destruction. But he must not enter into competition with the merchants in the purchase of a return cargo, nor with the ship owners in the carrying of the produce of the country. No, sir, that was hallowed ground, and must not be trodden. The conferees of the two Houses could not agree, and the question now before the Senate is, to adhere to their amendments. For which I shall vote, although the bill will then not be such as I wish it had been. But, sir, it cannot in this stage be amended. I am aware that my vote will be disapproved by many of my friends. But, sir, I trust that time, and a further consideration of the subject, will convince them that my objections to the rejected sections have not been unfounded.

The question being then taken that the Senate adhere to their amendments, it was determined in the affirmative – yeas 17, nays 15, as follows:

Yeas. – Messrs. Anderson, Bayard, Champlin, Gaillard, German, Gilman, Goodrich, Gregg, Hillhouse, Horsey, Leib, Lloyd, Parker, Pickering, Smith of Maryland, Sumter, and Whiteside.

Nays. – Messrs. Bradley, Brent, Campbell, Clay, Condit, Crawford, Franklin, Giles, Lambert, Mathewson, Meigs, Pope, Smith of New York, Tait, and Turner.

Thursday, March 22

National Bank

Mr. Bayard, from the committee appointed on the subject the thirteenth instant, reported a bill making provision for the establishment of a National Bank; and the bill was read and passed to a second reading.

[The bill was for a new bank of 30 millions capital, the subscription for shares open to every citizen of the United States or of its Territories, to copartnerships composed of such citizens or body politic incorporated within the United States, to the amount of 1000 shares.]

Wednesday, April 4

Bank of the United States

The President laid before the Senate the following report of the Secretary of the Treasury, made in pursuance of the resolution of the Senate of the 2d instant:

Treasury Department, April 3, 1810

Sir: I have the honor to transmit a report, prepared in obedience to the resolution of the Senate of yesterday.

I have the honor to be, &c.,ALBERT GALLATIN.

To the honorable the President of the Senate:

The Secretary of the Treasury, in obedience to the resolution of the Senate, of the 2d instant, respectfully reports —

That the statement annexed to the report made to the Senate on the 2d day of March, 1809, contained all the dividends made by the Bank of the United States, from its establishment to the date of the report, as stated to the Treasury by the bank.

That the annexed table, (A,) being a transcript of the above-mentioned statement, with the addition of the dividends made on the 1st day of July, 1809, and on the first day of January last, embraces not only the semi-annual dividends of 4 per cent., but also all the extra dividends which are within the knowledge of this Department, and which, it is believed, have ever been made by the bank; making, in the whole, an average of 8 13-36 per cent. a year.

That there remained to the credit of the bank, after payment of the dividend made on the first day of January last, a surplus of $409,410, consisting of two items, viz: $125,000, designated by the name of "General Bank Estate," intended as an offset against decay and presumed loss, in case of sale of the real estate of the bank – that estate having been paid for from the capital stock, and not from the profits of the bank; and $284,410, designated by the name of "Contingent Fund," intended in the first place to cover losses arising from bad debts, not yet actually lost; and the residue of which, if any, will be applicable to another extra dividend.

That the nominal profit resulting to the bank, from each of its offices of discount and deposit, could not be ascertained without an investigation of all the weekly returns made to this Department; and that there are no returns from which the actual loss sustained by each office can be known.

But, that the statement (B) shows the permanent capital given to each office of discount and deposit; the balance due in account current by the offices of the bank, (exclusive and in addition to the said permanent capital,) on the 27th day of March last; the amount of the notes actually discounted and due to the bank by the last returns, specifying the amount discounted at Philadelphia, and at each office respectively; and an estimate of the gross amount of the annual expenses and losses of the bank, including its several offices, by which it appears that the annual expenses, being about $125,000 a year, the ascertained losses must in the whole have amounted to about $35,000 a year.

All which is respectfully submitted.

ALBERT GALLATIN.

Dividends on United States Bank Stock.

1Dividends falling short of the rate of 8 per cent. per annum.

2Including extra dividends.

Statement of the capital of the several branches, and of the Bank of the United States, and of the amount of discounts by the last received returns.

Estimate of the expenses and losses of the Bank.

Six per cent, on $17,000,000, estimated as per above, as the amount usually loaned on interest, is, per annum, $1,020,000 – to wit:

Tuesday, April 10

The Mississippi River Pirate, Mason

Mr. Clay presented the petition of Elisha Winters, stating that, in the years 1801, 1802, and 1803, the wilderness from Natchez to Kentucky, and the river Mississippi, was infested by a notorious gang of highway robbers, headed by a certain Samuel Mason, and that the petitioner was the means by which the said Mason was killed, two of his accomplices apprehended and executed, and the remainder of the banditti dispersed, and praying he may be allowed the reward offered for the apprehension of the said Mason by the President of the United States, or by the then Governor of the Mississippi Territory; and the petition was read, and referred to a select committee, to consider and report thereon; and Messrs. Clay, Whiteside, and Crawford, were appointed the committee.

The Senate resumed, as in Committee of the Whole, the bill for the establishment of a Quartermaster's department; and it was agreed that the further consideration thereof be postponed until to-morrow.

Tuesday, April 17

The Vice President being absent, the Senate proceeded to the election of a President pro tem., as the constitution provides; and the Hon. John Gaillard was elected.

Ordered, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in the absence of the Vice President, elected the Hon. John Gaillard, President of the Senate pro tempore.

Ordered, That the Secretary make a like communication to the House of Representatives.

Wednesday, April 18

National Bank

The Senate resumed, as in Committee of the Whole, the bill making provision for the establishment of a National Bank.

On motion, by Mr. Hillhouse, to strike out the first section of the bill, the Senate was equally divided – yeas 15, nays 15, as follows:

Yeas. – Messrs. Brent, Champlin, German, Gilman, Goodrich, Hillhouse, Horsey, Lloyd, Meigs, Pickering, Pope, Reed, Smith of New York, Tait, and Whiteside.

Nays. – Messrs, Anderson, Bayard, Bradley, Clay, Condit, Crawford, Franklin, Gaillard, Giles, Gregg, Lambert, Leib, Smith of Maryland, Sumter, and Turner.

So the question was lost.

Friday, April 20

Territory of Orleans

The Senate resumed, as in Committee of the Whole, the bill to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes; and on motion, by Mr. Clay, to amend the bill, by adding at the end of the third section the following words:

"Provided further, That the said convention shall, by an article in the constitution so to be formed, irrevocable without the consent of the United States, provide, that, after the admission into the Union of the said Territory of Orleans as a State, the laws which such State may pass shall be promulgated, and its records of every description shall be preserved, and its written, judicial, and legislative proceedings conducted, in the language in which the laws and the written, judicial, and legislative proceedings of the United States are now published and conducted:"

It was determined in the affirmative – yeas 17, nays 12, as follows:

Yeas. – Messrs. Bayard, Campbell, Champlin, Clay, Giles, Gilman, Goodrich, Horsey, Lambert, Leib, Lloyd, Meigs, Pickering, Pope, Smith of Maryland, Smith of New York, and Turner.

Nays. – Messrs. Anderson, Bradley, Condit, Crawford, Franklin, Gaillard, German, Gregg, Hillhouse, Reed, Sumter, and Whiteside.

Wednesday, April 25

National Bank

The Senate resumed, as in Committee of the Whole, the bill making provision for the establishment of a National Bank. And on motion, by Mr. Bayard, that the further consideration thereof be postponed until the first Monday in December next, it was determined in the affirmative – yeas 17, nays 14, as follows:

Yeas. – Messrs. Bayard, Bradley, Brent, Champlin, Crawford, German, Gilman, Goodrich, Hillhouse, Horsey, Lloyd, Pickering, Pope, Reed, Smith of New York, Sumter, and Turner.

Nays. – Messrs. Anderson, Clay, Condit, Franklin, Gaillard, Giles, Gregg, Lambert, Leib, Mathewson, Meigs, Robinson, Smith of Maryland, and Whiteside.

Thursday, April 26

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act providing for the sale of certain lands in the Indiana Territory, and for other purposes;" and having agreed to the amendments reported by the select committee, the President reported it to the House accordingly; and on the question, Shall this bill be read the third time, as amended? it was determined in the affirmative.

Mr. Gilman, from the committee, reported the bill allowing compensation to Robert Robinson correctly engrossed; and the bill was read the third time; and the blank having been filled with the words five hundred—

Resolved, That this bill pass, and that the title thereof be "An act allowing compensation to Robert Robinson."

The Senate resumed the motion made yesterday on the subject, which was amended and agreed to, as follows:

Resolved, That the Secretary of the Treasury be directed to lay before the Senate a statement of all claims which have been adjusted and allowed at the Treasury Department, in virtue of the law entitled "An act providing for the settlement of the claims of persons, under particular circumstances, barred by the limitations heretofore established;" and also, a statement of the balances standing in the books of the Treasury against the United States, which are barred by the statute of limitations, together with his opinion whether the said statute can be modified or repealed, as to that or any other description of claims, without subjecting the Government to imposition.

Mr. Clay gave notice that to-morrow he should ask leave to bring in a bill, supplementary to an act, entitled "An act for the punishment of certain crimes against the United States."

The bill entitled "An act authorizing a loan of money, for a sum not exceeding the amount of the principal of the public debt reimbursable during the year one thousand eight hundred and ten," was read the second time, and referred to a select committee, to consist of five members, to consider and report thereon, and Messrs. Smith of Maryland, Crawford, Lloyd, Franklin, and Hillhouse, were appointed the committee.

Territory of Orleans

The Senate resumed, as in Committee of the Whole, the bill to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes; together with the amendments reported thereto by the select committee. On motion, by Mr. Hillhouse, to add, at the end of the bill, the following words:

"Provided, That the several States shall assent thereto, or an amendment to the Constitution of the United States shall authorize Congress to admit said Territory of Orleans into the Union, on the footing of the original States:"

It was determined in the negative – yeas 8, nays 20, as follows:

Yeas. – Messrs. Champlin, German, Goodrich, Hillhouse, Horsey, Lloyd, Pickering, and Reed.

Nays. – Messrs. Anderson, Brent, Clay, Condit, Crawford, Franklin, Gaillard, Giles, Gilman, Gregg, Lambert, Leib, Mathewson, Meigs, Pope, Smith of Maryland, Sumter, Tait, Turner, and Whiteside.

And the report of the select committee having been agreed to, and the bill further amended, the President reported it to the House accordingly. On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative – yeas 18, nays 9, as follows;

Yeas. – Messrs. Anderson, Brent, Clay, Condit, Crawford, Franklin, Gaillard, Giles, Gregg, Lambert, Lloyd, Mathewson, Meigs, Smith of Maryland, Sumter, Tait, Turner, and Whiteside.

Nays. – Messrs. Champlin, German, Gilman, Goodrich, Hillhouse, Horsey, Leib, Pickering, and Reed.

Monday, April 30

Barred Claims

The President communicated the report of the Secretary for the Department of the Treasury, made in pursuance of the resolution of the Senate of the 26th instant, on the subject of claims barred by the statute of limitations; and the report was read, as follows:

Treasury Department, April 28, 1810

Sir: I have the honor to transmit a report prepared in obedience to the resolution of the Senate, of the twenty-six instant. I have the honor to be, &c.,

ALBERT GALLATIN.To the Honorable the President of the Senate:

The Secretary of the Treasury, in obedience to the resolution of the Senate, of the 26th instant, respectfully reports —

That it appears, by the letter from the Register of the Treasury, herewith transmitted, that the statement of all the claims adjusted and allowed, by virtue of the act, entitled "An act providing for the settlement of the claims of persons under particular circumstances, barred by the limitations heretofore established," cannot be completed before the day contemplated for the adjournment of Congress, but will be prepared so as to be laid before the Senate at the commencement of their next session.

That the statement (A) herewith transmitted, exhibits the amount of the balances standing on the books of the Treasury against the United States, which are barred by the statutes of limitation, and arranged under the following heads, viz:

That so far as relates to the said balances, which result altogether from accounts actually settled at the Treasury, the statute of limitation can be repealed without subjecting the Government to imposition; but that considering the length of time which has elapsed since the claims have been barred, and the little value on that account affixed to them, the repeal of the statute, unless properly guarded in that respect, may not generally benefit the rightful claimants.

And that with the exception of those balances, it is not believed that it would be safe to repeal the statute of limitation in relation to any other general description of claims; although there may be special cases in which, notwithstanding the lapse of time, the proper proofs and checks may still exist, so as to prevent any imposition on the public.

All which is respectfully submitted.

ALBERT GALLATIN.

Tuesday, May 1

Barred Claims

Mr. Hillhouse, from the same committee, further reported as follows:

Resolved, That the Secretary for the Department of the Treasury report to the Senate, at their next meeting, the necessary provisions for guarding the Treasury of the United States from fraud and imposition on the removal of the statute of limitations, in relation to the following claims mentioned in his report of the 28th of April, 1810, viz:

1. Loan office certificates.

2. Indents for interest on the public debt.

3. Final settlement certificates.

4. Commissioners' certificates.

5. Army certificates.

6. Credits given in lieu of Army certificates cancelled.

7. Credits for the pay of the Army, for which no certificates were issued.

8. Invalid pension.

Also, how far the statute of limitations may with safety be removed, as to claims for personal services rendered in the Army of the United States, during the Revolutionary war, and the guard and checks necessary and proper to be adopted.

And the report was considered and agreed to.

Adjournment

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

Ordered, That the Secretary notify the House of Representatives that the Senate, having finished the business before them, are about to adjourn.

The Secretary having performed that duty, the President adjourned the Senate without delay.

ELEVENTH CONGRESS. – SECOND SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES

Monday, November 27, 1809

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

From New Hampshire– Daniel Blaisdell, and Nathaniel A. Haven.

From Massachusetts– Ezekiel Bacon, Richard Cutts, William Ely, Barzillai Gannett, Josiah Quincy, Sam'l Taggart, Charles Turner, jr., Jabez Upham, Joseph B. Varnum, (the Speaker,) and Laban Wheaton.

From Vermont– William Chamberlin, Martin Chittenden, Jonathan H. Hubbard, and Samuel Shaw.

From Rhode Island– Richard Jackson.

From Connecticut– Epaphroditus Champion, Samuel W. Dana, John Davenport, Jonathan O. Mosely, Timothy Pitkin, junior, Lewis B. Sturges, and Benjamin Tallmadge.

From New York– James Emott, Jonathan Fisk, Thomas R. Gold, Robert Le Roy Livingston, Peter B. Porter, Erastus Root, Ebenezer Sage, Thomas Sammons, John Thompson, and Killian K. Van Rensselaer.

From New Jersey– Adam Boyd, James Cox, William Helms, Jacob Hufty, Thomas Newbold, and Henry Southard.

From Pennsylvania– William Anderson, David Bard, Robert Brown, William Crawford, Aaron Lyle, William Milnor, John Porter, John Rea, Matthias Richards, John Smilie, George Smith, Samuel Smith, and Robert Whitehill.

From Maryland– Charles Goldsborough, John Montgomery, Nicholas R. Moore, Roger Nelson, and Archibald Van Horne.

From Virginia– Burwell Bassett, James Breckenridge, John Clopton, John Dawson, John W. Eppes, Thomas Gholson, junior, Peterson Goodwyn, John G. Jackson, Joseph Lewis, junior, John Love, Thomas Newton, John T. Roane, John Smith, and James Stephenson.