1 Resolved, That a committee be appointed to inquire into the expediency of employing the torpedo, or sub-marine explosions, in conjunction with the naval and military operations of the United States, for the better defence of their ports and harbors; with leave to report by bill or otherwise. Ordered, That Messrs. BRADLEY, CRAWFORD, GREGG, CONDIT, and LEIB, be the committee. Mr. CRAWFORD, from the committee to whom was referred, on the 31st of January, the bill, entitled "An act for the appointment of an additional judge, and extending the right of suffrage to the citizens of Madison county, in the Mississippi Territory, reported the bill with amendments; which were read. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act respecting the commercial intercourse between the United States and Great Britain and France, and for other purposes;" together with the amendments reported thereto by the select committee. On motion, by Mr. SMITH, of Maryland, to strike out the 3d, 4th, 5th, 6th, 7th, 8th, 9th, and 11th sections of the bill, it was determined in the affirmative-yeas 16, nays 11, as follows: YEAS-Messrs. Anderson, Bayard, Gaillard, German, Gilman, Goodrich, Gregg, Horsey, Leib, Lloyd Mathewson, Parker, Pickering, Reed, Smith of Maryland, and Tait. NAYS-Messrs. Bradley, Brent, Clay, Condit, Crawford, Franklin, Lambert, Robinson, Smith of New ■York, Sumter, and Turner. And sundry other amendments having been agreed to, the PRESIDENT reported the bill to the House amended, by striking out the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 13th sections. On the question, Shall this bill be read a third time as amended? it was determined in the affirmative. SENATE. bill, entitled "An act making appropriations for the support of the Military Establishment of the United States for the year 1810," was read the second time by unanimous consent, and referred to a select committee, to consider and report thereon; and Messrs. SMITH, of Maryland, BRADLEY, and CRAWFORD, were appointed the committee. On motion, by Mr. SMITH, of Maryland, the bill, entitled "An act making appropriations for the support of the Navy of the United States for the year 1810," was read the second time by unanimous consent, and referred to a select committee, to consider and report thereon; and Messrs. GREGG, ANDERSON, and CLAY, were appointed the committee. The Senate resumed the consideration of the bill relative to the district court of the United States established in the Territory of Orleans, together with the report of the select committee thereon; and having amended the bill and report, on motion, by Mr. BAYARD, it was agreed that the further consideration thereof be postponed until to-morrow. On motion, by Mr. BAYARD, it was agreed that the bill authorizing a subscription on behalf of the United States to the capital stock of the Chesapeake and Delaware and Ohio Canal Companies, be postponed until to-morrow. THURSDAY, February 22. Mr. GREGG. from the committee to whom was referred the bill, entitled "An act for the relief of Jared Shattuck," reported it without amendment; and, on motion by Mr. GREGG, the further consideration thereof was postponed until the second Monday in March next. Mr. BRADLEY presented several petitions from a number of the inhabitants of the Territory of Louisiana, praying to be admitted to the priviOn motion, by Mr. ANDERSON, the further con- leges consequent upon a second grade of Territosideration of the bill, entitled "An act for the re-rial government; and the petitions were read. lief of Joseph Summerl, Simon Philipson, William Hamon, Archibald McCall, and Isaac Clason," was postponed until to-morrow. On motion, by Mr. BRENT, it was agreed that the bill, entitled "An act to authorize the removal of slaves from one part of the District of Columbia to another," be further postponed. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act providing for the third census, or enumeration of the inhabitants of the United States;" a bill, entitled "An act making appropriations for the support of the Military Establishment of the United States for the year one thousand eight hundred and ten ;" also, a bill, entitled "An act making appropriations for the support of the Navy of the United States for the year one thousand eight hundred and ten;" in which several bills they desire the concurrence of the Senate. The bills last brought up for concurrence were read, and passed to the second reading. On motion, by Mr. SMITH, of Maryland, the 11th CoN. 2d SESS.-19 The PRESIDENT communicated the report of the Secretary of State, in obedience to the order of the Senate of the 20th instant; which was read for consideration. The PRESIDENT communicated the report of the Secretary of War, in compliance with the act of the 21st April, 1808, of three statements, comprehending contracts made by the Secretary of War, and those made by the Purveyor of Public Supplies; and the report was read. Mr. LEIB, from the committee appointed on the 19th instant, on the petition of Joseph Joshua Dyster, reported a bill to extend certain privileges therein mentioned to Joseph Joshua Dyster; and the bill was read, and passed to the second reading. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act providing for the third census or enumeration of the inhabitants of the United States." And, on motion by Mr. LEIB, it was referred to a select committee, to consider and report thereon; and Messrs. LEIB, ANDERSON, CAMPBELL, FRANKLIN, and POPE, were appointed the committee. SENATE. NON-INTERCOURSE. Non-Intercourse. Mr. GILMAN, from the committee, reported the amendments to the bill, entitled "An act respecting the commercial intercourse between the United States and Great Britain and France, and for other purposes," correctly engrossed; and the bill was read the third time as amended. Mr. CLAY.-Mr. President: At all times embarrassed when I have ventured to address you, it is with peculiar diffidence I rise on this occasion. The profound respect I have been taught to entertain for this body, my conscious inadequacy to discuss, as it deserves, the question before you, the magnitude of that question, and the recent seat I have taken in this House, are too well calculated to appal, and would impel me to silence if any other member would assume the task I propose attempting. But, sir, when the regular troops of this House, disciplined as they are in the great affairs of this nation, are inactive at their posts, it becomes the duty of its raw militia, however lately enlisted, to step forth in defence of the honor and independence of the country. I voted yesterday against the amendment of fered by the gentleman from Maryland, because, while that vote did not pledge me for the ultimate passage of the bill, it would have allowed me to give it my support if no better proposition was tendered. I do not like the bill as sent from the House of Representatives. It was a crazy vessel, shattered and leaky; but it afforded some shelter, bad as it was. It was opposition to the aggressive edicts of the belligerents. Taken from us without a substitute, we are left defenceless, naked, and exposed to all the rage and violence of the storm. Sir, have we not been for years contending against the tyranny of the ocean? Has not Congress solemnly pledged itself to the world not to surrender our rights? And has not the nation at large, in all its capacities of meetings of the people, State, and General Government, resolved to maintain at all hazards our maritime independence? Your whole circle of commercial restrictions, including the non-importation, embargo, and non-intercourse acts, had in view an opposition to the offensive measures of the belligerents, so justly complained of by us. They presented resistance the peaceful resistance of the law. When this is abandoned without effect, I am for resistance by the sword. No man in the nation wants peace more than I; but I prefer the troubled ocean of war, demanded by the honor and independence of the country, with all its calamities and desolation, to the tranquil and putrescent pool of ignominious peace. If we can accommodate our differences with one of the belligerents only, I should prefer that one to be Britain; but if with neither, and we are forced into a selection of our enemy, then am I for war with Britain, because I believe her prior in aggression, and her injuries and insults to us were atrocious in character. I shall not attempt to exhibit an account between the belligerents of mercantile spoliations inflicted and FEBRUARY, 1810. menaced. On that point we have just cause of war with both. Britain stands pre-eminent in her outrage on us, by her violation of the sacred personal rights of American freemen, in the arbitrary and lawless imprisonment of our seamen, the attack on the Chesapeake-the murder, sir. I will not dwell on the long catalogue of our wrongs and disgrace, which has been repeated until the sensibility of the nation is benumbed by the dishonorable detail. But we are asked for the means of carrying on the war, and those who oppose it triumphantly appeal to the vacant vaults of the Treasury. With the unimpaired credit of the Government, invigorated by a faithful observance of public engagements, and a rapid extinction of the debt of the land, with the boundless territories in the West presenting a safe pledge for reimbursement of loans to any extent, is it not astonishing that despondency itself should disparage the resources of this country? You have, sir. I am credibly informed, in the city and vicinity of New Or leans alone, public property sufficient to extinguish the celebrated deficit in the Secretary's report. And are we to regard as nothing the patriotic offer so often made by the States, to spend their last cent, and risk their last drop of blood, in the preservation of our neutral privileges? Or, are we to be governed by the low, grovelling parsimony of the counting room, and to cast up the actual pence in the drawer before we assert our inestimable rights? It is said, however, that no object is attainable by war with Great Britain. In its fortunes, we are to estimate not only the benefit to be derived to ourselves, but the injury to be done the enemy. The conquest of Canada is in your power. I trust I shall not be deemed presumptuous when I state that I verily believe that the militia of Kentucky are alone competent to place Montreal and Upper Canada at your feet. Is it nothing to the British nation; is it nothing to the pride of her Monarch, to have the last of the immense North American possessions held by him in the commencement of his reign wrested from his dominion? Is it nothing to us to extinguish the torch that lights up savage warfare? Is it nothing to acquire the entire fur trade connected with that country, and to destroy the temptation and the opportunity of violating your revenue and other laws? War with Great Britain will deprive her of those supplies of raw materials and provisions which she now obtains from this country. It is alleged that the non-intercourse law, constantly evaded, is incapable of execution. War will be a non-intercourse, admitting of but partial elusion. The pressure upon her, contemplated by your restrictive laws, will then be completely realized. She will not have the game, as she will if you press this bill without an efficient system, entirely in her own hands. The enterprise and valor of our maritime brethren will participate in the spoils of capture. Another effect of war will be, the reproduction and cherishing of a commercial spirit amongst us. Is there no danger that we shall become enervated by the spirit of avarice, unfortunately so predominant? I do not wish to see that diffusive military character, which, pervading the whole nation, might possibly eventuate in the aggrandizement of some ambitious chief, by prostrating the liberties of the country. But a certain portion of military ardor (and that is what I desire) is essential to the protection of the country. The withered arm and wrinkled brow of the illustrious founders of our freedom are melancholy indications that they will shortly be removed from us. Their deeds of glory and renown will then be felt only through the cold medium of the historic page. We shall want the presence and living example of a new race of heroes to supply their places, and to animate us to preserve inviolate what they achieved. Am I counting too much on the valor of my countrymen, when I indulge the hope, that, if we are forced into war, the American hero now lives, who, upon the walls of Quebec, imitating his glorious example, will avenge the fall of the immortal Montgomery? But we shall, at least, gain the approbation of our own hearts. If we surrender without a struggle to maintain our rights, we forfeit the respect of the world, and (what is worse) of ourselves. We are often reminded that the British navy constitutes the only barrier between us and universal dominion. When resistance to Britain is submission to France, I protest against the castigation of our colonial infancy being applied in the independent manhood of America. I am willing, sir, to dispense with the parental tenderness of the British navy. I cannot subscribe to British slavery upon the water, that we may escape French subjugation on land. I should feel myself hun bled, as an American citizen, if we had to depend upon any foreign Power to uphold our independence; and I am persuaded that our own resources, properly directed, are fully adequate to our defence. I am therefore for resisting oppression, by whomsoever attempted against us, whether maritime or territorial. SENATE. Each places our commerce under restrictions, not warranted by the law of nations. We must then submit, or protect it. Whilst we confine ourselves within the pale of that law, neither has a right to complain. When so armed, and pursuing our lawful destination, let those who attempt to molest us take to themselves the consequences of their own violations. On our part, a war thus produced will be a war of defence. But, Mr. President, if, after all our deliberation, it shall be deemed unwise to adopt either of these expedients, perhaps some other unexceptionable course may occur. I insist that you do not return the bill to the other branch of the Legislature in its present form. They have sent you a measure, I acknowledge, weak; it is, however, not submission. It professes to oppose (in form, at least) the injustice of foreign Governments. What are you about to do-to breathe vigor and energy into the bill? No, sir; you have eradicated all its vitality, and are about to transmit back again the lifeless skeleton. I entreat the Senate to recollect the high ground they occupy with the nation. I call upon the members of this House to maintain its character for vigor. I beseech them not to forfeit the esteem of the country. Will you set the base example to the other House of an ignominious surrender of our rights, after they have been reproached with imbecility, and you extolled for your energy! But, sir, if we could be so forgetful of ourselves, I trust we shall spare you the disgrace of signing with those hands, so instrumental in the Revolution, a bill abandoning some of the most precious rights which it then secured. for the purpose of amendment, was determined The motion of Mr. CLAY to recommit the bill, in the negative-yeas 13, nays 20, as follows: YEAS-Messrs. Bradley, Brent, Campbell, Clay, Condit, German, Mathewson, Meigs, Parker, Pope, Robin son, Sumter, and Whiteside. NAYS-Messrs. Anderson, Bayard, Champlin, Crawford, Franklin, Gaillard, Gilman, Goodrich, Gregg, Hillhouse, Horsey, Lambert, Leib, Lloyd, Pickering, Reed, Smith of Maryland, Smith of New York, Tait, and Turner. On the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 26, nays 7, as follows: Mathewson, Meigs, Pickering, Reed, Smith of Maryland, Smith of New York, Sumter, Tait, Turner, and Whiteside. Considering then that the bill as amended in this House, in furnishing no substitute for the law of non-intercourse, which it repeals, nor the propositions of the other House, intended to take its place, is a total dereliction of all opposition to the edicts of the belligerents, I cannot vote for it in its present form. I move a recommitment of the YEAS-Messrs. Anderson, Bayard, Brent, Campbell, bill to supply this defect. What ought to be the Champlin, Crawford, Franklin, Gaillard, Gilman, Goodsubstitute, I confess I have not satisfied myself-rich, Gregg, Hillhouse, Horsey, Lambert, Leib, Lloyd, not expecting that it would fall to my lot to make you this motion. The committee, however, can deliberate upon the subject, and propose one. would suggest two for consideration—either a total non-importation, which our laws can doubtless enforce, or to arm our merchantmen, and authorize convoys. A day may be fixed, allowing sufficient time for the last effort of the negotiation. That failing, our merchants then to be permitted to arm, and to receive all the protection by convoys which the public vessels can give. This latter measure may lead to war, but it is not war. Our neutral rights are violated by the belligerents. I NAYS-Messrs. Bradley, Clay, Condit, German, Parker, Pope, and Robinson. So it was resolved that this bill pass with amendments. On motion, by Mr. SMITH of Maryland, it was agreed that the title of the bill be amended, to read as follows: "An act to interdict the public ships and vessels of France and Great Britain from the ports and harbors of the United States, and for other purposes." FRIDAY, February 23. FEBRUARY, 1810. The Senate resumed, as in Committee of the Mr. GREGG, from the committee to whom was Whole, the bill for the relief of Joseph Summer, referred the bill, entitled "An act making approSimon Philipson, William Hamon, Archibald priations for the support of the Navy of the Uni- McCall, and Isaac Clason, together with the ted States for the year 1810," reported the bill amendments thereto reported by the select comwithout amendment. And on motion, by Mr. mittee; and, on motion, by Mr. BRADLEY, it was LEIB, to recommit the bill, for the purpose of made the order of the day for Tuesday next. amendment, it was determined in the affirmative The Senate resumed, as in Committee of the Whole, the bill to add to the officers of the Trea-yeas 16, nays 14, as follows: YEAS-Messrs. Bradley, Campbell, Condit, Craw-sury a Superintendant of the Public Lands of the ford, Goodrich, Hillhouse, Lambert, Leib, Lloyd, Meigs, Reed, Robinson, Sumter, Tait, Turner, and Whiteside. NAYS-Messrs. Anderson, Champlin, Clay, Franklin, Gaillard, German, Gilman, Gregg, Horsey, Mathewson, Parker, Pickering, Smith of Maryland, and Smith of New York. Ordered, That Messrs. GREGG, CRAWFORD, and LEIB, be the committee. Mr. SMITH, of Maryland, from the committee to whom was referred the bill, entitled "An act making appropriations for the support of the Military Establishment of the United States during the year 1810," reported the bill without amend ment. United States; and the further consideration was postponed until Wednesday next. The Senate resumed as in Committee of the Whole, the bill authorizing a subscription on be- The following Message, was received from the I transmit to the Senate a report of the Secretary of FEBRUARY 22, 1810. The Senate resumed, as in Committee of the The Message and papers were read, and orderWhole, the second reading of the bill to extended to lie for consideration. certain privileges therein mentioned to Joseph Joshua Dyster; and, on the question, Shall this bill be engrossed, and read a third time? it was determined in the affirmative. On motion, by Mr. CLAY, Ordered, That the petition of Richard B. Lee, with the report of the Secretary of War, made on the 29th November, 1809, together with all the other papers accompanying the said petition, be referred to a select committee, to consider and report thereon, by bill or otherwise; and Messrs. CLAY, CRAWFORD, and BRENT, were appointed the committee. Mr. BAYARD, from the committee to whom was referred the bill, entitled "An act to prevent the issuing of sea-letters, except to certain vessels," reported it without amendment. MONDAY, February 26. Mr. GILMAN, from the committee, reported the bill to extend certain privileges therein mentioned to Joseph Joshua Dyster correctly engrossed; and the bill was read the third time, and passed. Mr. G., from the committee, also reported the amendments to the bill, entitled "An act for the appointment of an additional judge, and extending the right of suffrage to the citizens of Madison county, in the Mississippi Territory," correctengrossed; and the bill was read the third time as amended. On motion, by Mr. LEIB, that the bill, entitled "An act making appropriations for the support of the Military Establishment of the United States, for the year 1810," be now read the third time, byly unanimous consent, it was objected to, as against the rule. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled, "An act for the appointment of an additional judge, and extending the right of suffrage to the citizens of Madison county, in the Mississippi Territory," together with the amendments reported by a select committee; and, having agreed thereto, the PRESIDENT reported the bill to the House as amended; and, on the question, Shall this bill be read a third time, as amended? it was determined in the affirmative. The Senate resumed the bill, entitled "An act to authorize the removal of slaves from one part of the District of Columbia to another;" and the further consideration thereof was postponed until Monday next. On motion, by Mr. CRAWFORD, it was agreed that the bill relative to the district court of the United States, established in the Territory of Orleans, be printed, as amended. Resolved, That this bill pass with amendments. Mr. GREGG, from the committee to whom was recommitted the bill, entitled "An act making appropriations for the support of the Navy of the United States for the year 1810," reported it with amendments, which were considered as in Committee of the Whole, and agreed to; and the President reported the bill to the House amended accordingly. On the question, Shall this bill be read the third time as amended? it was determined in the affirmative. Mr. BRADLEY, from the committee appointed to consider on the propriety of employing the torpedo or sub-marine explosions for the defence of the ports and harbors of the United States, made a report, that the committee were unanimously of opinion, that a sum ought to be appropriated for the purpose of making experiments in relation thereto; and, in pursuance of this opinion, a bill was reported by the committee "making an ap FEBRUARY, 1810. Proceedings. SENATE. propriation for the purpose therein mentioned." thereon; and on the question to agree to the The bill was read, and passed to a second reading. amendment, as follows: The bill, entitled "An act making appropriations for the support of the Military Establishment of the United States for the year 1810," was read the third time, and passed. The Senate resumed the consideration of the bill, entitled "An act authorizing the removal of slaves from one part of the District of Columbia to another," together with the amendments reported thereto by the select committee. On motion, by Mr. HILLHOUSE, to strike out the first section of the bill, for the purpose of inserting amendments, a division of the question was called for, and it was taken on striking out; and passed in the affirmative-yeas 21, nays 9, as follows: YEAS-Messrs. Bradley, Campbell, Champlin, Condit, Crawford, German, Gilman, Goodrich, Gregg, Hillhouse, Lambert, Leib, Lloyd, Mathewson, Meigs, Parker, Pickering, Pope, Reed, Robinson, and Smith of New York. NAYS-Messrs. Brent, Franklin, Gaillard, Giles, Smith of Maryland, Sumter, Tait, Turner, and White side. After the word "place, in the thirty-sixth line, insert, "to Joseph Shoemaker, for one hundred and two hogsheads and four barrels of sugar, exported from Philadelphia for Bordeaux, on the eighth. of August, one thousand eight hundred and five, on which he states, that the taking said oath and giving said bond were prevented by a belief that the captain had cleared out on the twelfth, and that he had until the twenty-second to take said oath and give said bond; and from the pressure of business at the custom-house on the seventeenth (on which day he appeared) having prevented the officers of the customs from being enabled to attend to his business; that believing he had until the twenty-second, notwithstanding he was within the intermediate time, he did return to the custom-house within the said time, the twenty-second of the month, for the purpose of taking the oath, and signing the bond required, when he was informed that the ship had cleared on the eighth, and that he was thereby precluded :" It was determined in the affirmative-yeas 16, nays 15, as follows: YEAS-Messrs. Campbell, Champlin, German, Giles, Mathewson, Meigs, Pickering, Reed, Smith of MaryGilman, Goodrich, Gregg, Hillhouse, Horsey, Lloyd, And, after debate, on motion by Mr. GILES, the bill was recommitted to a select committee, fur-land, and Smith of New York. ther to consider and report thereon. And Messrs. BRADLEY, GILES, and HILLHOUSE, were appoint ed the committee. The following motion was submitted by Mr. LEIB: Resolved, That a committee be appointed to inquire into the expediency of allowing additional rations to the commanders of separate posts, and to define what shall constitute a command to entitle an officer to additional rations; and that the committee have leave to report by bill or otherwise. Mr. CAMPBELL gave notice that he should, tomorrow, ask leave to bring in a bill to alter the time for holding the district court in the State of Ohio. TUESDAY, February 27. Mr. GILMAN, from the committee, reported the amendments to the bill, entitled "An act making appropriations for the support of the Navy of the United States for the year 1810," correctly engrossed; and the bill was read the third time as amended, and passed. Mr. MEIGS presented the petition of the inhabitants of Marietta, praying a proportion of the proceeds of public lands within the State of Ohio may be appropriated to the improvement of the great post road leading from Western Port on the Potomac, to the Ohio, at Marietta; and the peti tion was read. ford, Franklin, Gaillard, Lambert, Leib, Parker, RobNAYS-Messrs. Anderson, Bradley, Condit, Crawinson, Sumter, Tait, Turner, and Whiteside. And, after debate, on motion of Mr. LEIB, the further consideration of the bill was postponed until to-morrow. Mr. CAMPBELL asked and obtained leave to bring in a bill for altering the time for holding the district court in the State of Ohio, and the bill was read, and passed to a second reading. The Senate resumed the consideration of the motion made yesterday, "That a committee be appointed to inquire into the expediency of al'lowing additional rations to the commanders of separate posts, and to define what shall consti'tute a command to entitle an officer to addition'al rations, and that the committee have leave to report by bill or otherwise;" and, having agreed thereto, Messrs. LEIB, PICKERING, and SMITH of Maryland, were appointed the committee. 6 WEDNESDAY, February 28. The VICE PRESIDENT being absent, the Senate proceeded to the election of a President pro tempore, as the Constitution provides, and the Honorable JOHN GAILLARD was appointed. 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 PresThe bill making an appropriation for the pur-ident, elected the Hon. JOHN GAILLARD President pose therein mentioned was read the second time. The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Joseph Summerl, Simon Philipson, William Hamon, Archibald McCall, and Isaac Clason, together with the report of the select committee of the Senate pro tempore. Ordered, That the Secretary make a similar communication to the House of Representatives. The bill for altering the time for holding the district court in the State of Ohio was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. |