APRIL, 1812.

Proceedings.

The bill last brought up for concurrence was read, and passed to the second reading.

On motion, by Mr. VARNUM, the amendments of the House of Representatives to the bill, entitled "An act making further provision for the Corps of Engineers," was referred to a select committee, to consider and report thereon ; and Messrs. SMITH of Maryland, VARNUM, and BAYARD, were appointed the committee.

Mr. SMITH, of Maryland, from the committee to whom were referred the amendments to the bill last mentioned, made report. Whereupon, Resolved, That the Senate concur in the amendments of the House of Representatives to the said bill.

The Senate resumed, as in Committee of the Whole, the bill concerning merchant vessels armed for defence; and the further consideration thereof was postponed until to-morrow.

Mr. LEIB, from the committee appointed to consider the subject. reported a bill allowing an annuity to Arthur St. Clair; and the bill was read, and passed to the second reading.

The Senate resumed, as in Committee of the Whole, the bill to authorize the State of Tennessee to issue grants and perfect titles on certain entries and locations of land, therein described; and the further consideration thereof was postponed to, and made the order of the day for, Wednesday next.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act for the relief of John N. Stout;" and on motion, by Mr. POPE, it was referred to a select committee, to consider and report thereon; and Messrs. POPE, BRENT, and GREGG, were appointed the committee.

The PRESIDENT Communicated a report of the Paymaster General of the Army, on the petition of Simeon Knight, district paymaster, which was read, and ordered to be printed for the use of the Senate.

TUESDAY, April 28.

SENATE.

The bill allowing an annuity to Arthur St. Clair was read the second time.

"The bill, entitled "An act to extend the right of suffrage in the Illinois Territory, and for other purposes," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. GREGG, GOODRICH, and VARNUM, were appointed the committee.

The Senate resumed, as in Committee of the Whole, the consideration of the bill concerning merchant vessels armed for defence; and, on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the consideration of the bill respecting associations for maritime security; and on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. Mr. LEIB submitted the following resolution:

Resolved, That the President of the Senate and

Speaker of the House of Representatives adjourn the
6th of May, to Monday, the 25th of May.
respective Houses of Congress on Wednesday, the

And the resolution was read, and passed to the second reading.

The bill to discharge from imprisonment the persons therein mentioned was read the second

time.

The Senate resumed, as in Committee of the Whole, the consideration of the bill supplementary to the act, entitled "An act to establish an Executive Department. to be denominated the Department of War;" and the bill having been amended, the PRESIDENT reported it to the House accordingly.

and read a third time as amended? it was deterOn the question, Shall this bill be engrossed

mined in the affirmative.

the twelfth rule for conducting business in the On motion, by Mr. WORTHINGTON, to suspend Senaté, as respects the resolution this day offered Speaker of the House of Representatives to adauthorizing the President of the Senate and journ the respective Houses of Congress, it was determined in the affirmative-yeas 12, nays 9, as follows:

Mr. POPE gave notice that to-morrow he should Mr. GREGG presented the memorial of Thomas ask leave to bring in a bill more effectually to P. Cope, and others, stating that, some time sub-protect the commerce and coasts of the United sequent to the proclamation of the President of States, and for other purposes. the United States, of the 2d of November, 1810, their brig Daphne cleared from Philadelphia for Calcutta. That, in consequence of the non-importation law, they have ordered the said vessel, and a return cargo, amounting to 239,000 dollars, to the island of St. Bartholomews; that the said vessel and cargo is exposed to capture and depredation in the event of war, and to condemnation should she enter a port in America. They, therefore, pray permission for the said vessel to enter an American port, there to remain and be disposed of as subsequent events may dictate; and the memorial was read, and referred to a seleet committee, to consider and report thereon by bill or otherwise; and Messrs. GREGG, LLOYD, and SMITH Of Md., were appointed the committee.

YEAS-Messrs. Condit, German, Gregg, Howell, Hunter, Lambert, Leib, Lloyd, Smith of Maryland, Smith of New York, Turner, and Worthington.

NAYS-Messrs. Bayard, Bibb, Crawford, Dana, Gilman, Goodrich, Robinson, Tait, and Varnum.

On motion, by Mr. WORTHINGTON, the resolution was read the second time.

On the question, Shall this resolution be engrossed and read a third time? it was determined the affirmative.

Mr. SMITH, of New York, from the committee to whom was referred the petition of Nathaniel.in G. Ingraham, and others, presented a bill to discharge from imprisonment the persons therein mentioned; and the bill was read, and passed to the second reading.

Mr. GILMAN, from the committee, reported the resolution last mentioned correctly engrossed. And on motion, the Senate adjourned until to

morrow.

The Senate resumed as in Committee of the Whole, the bill to authorize the State of Tennessee to issue grants and perfect titles on certain Mr. POPE asked and obtained leave to bring in entries and locations of land therein described; a bill more effectually to protect the commerce and, after debate, it was agreed that the further and coasts of the United States; and the bill was consideration thereof be postponed until to-morread, and passed to the second reading.

contribution shall be apportioned to and among the respective vessels or owners thereof, as the parties may have agreed by such instrument; otherwise the apportionment may be adjusted by the discretion of the competent court: Provided, That no ships or vessels shall be so holden unless a copy of the instrument concerning them as aforesaid shall have been certified by the owners or agents, and deposited with a collector of the customs or with the clerk or register of a court, having admiralty or maritime jurisdiction, or, in case of being in a foreign country, with a consul or agent of the United States: Provided, also, That none but citizens of the United States shall be permitted, directly or indirectly, to have or claim benefit of any agreement or stipulation as aforesaid.

SENATE

vessels which may be armed in virtue of any grants of letters of marque and reprisal under authority of the United States.

SEO. 3. And be it further enacted, That whenever security shall have been given by bond as aforesaid with respect to a ship or vessel of the United States, duly owned and navigated as such, which may be armed or provided with means as aforesaid for defence, and bound on any foreign voyage or voyages not contrary to law, the same shall be permitted to depart on such destination: and the collector of the customs for the district from which the ship or vessel may be about to depart, in addition to the clearance for the same, shall furnish an official document to this effect, and as nearly as may be convenient according to the following form

SEC. 3. And be it further enacted, That the courts" To all whom it may concern: It is made known, of the United States having cognizance of causes of that the ship or vessel called the [inserting here the admiralty and maritime jurisdiction, shall take cogniz- vessel's name] of [inserting the name of the port to ance of complaints and controversies touching the pre- which the vessel belongs] having [inserting the num mises; and proceedings may be had therein according ber] deck with [inserting the number] mast and [speto the course of such courts respectively, as in other cifying whether any or no] head and [specifying whecases of admiralty or maritime jurisdiction. But no- ther any or no] gallery, of the burden of [inserting the thing herein contained shall be construed to deprive number] tons as registered, and carrying [inserting the suitors of a remedy at common law, or in equity, wher-number of mounted] guns, whereof -[naming the ever the same may be competent. person] is at present master or commander, being a The bill concerning merchant vessels armed [describing the kind of vessel, whether ship, snow, brigfor defence having been reported by the commit-antine, schooner, sloop, or otherwise] duly owned and tee correctly engrossed, was read a third time, navigated as a merchant vessel of the United States of America, armed for defence, and bound for is perand passed. The bill is as follows: mitted to depart on destined voyage [or voyages, as may be proper] responsible security having been given according to the act of Congress, entitled "An act concerning merchant vessels armed for defence."

A Bill concerning Merchant Vessels armed for defence.
Be be it enacted, &c., That, from and after the
day of, in the present year, the arming of vessels
for defence shall be subjected to the following regula
tions:

SEC. 2. Be it enacted, That no merchant vessels armed or provided with the means of being armed at sea, shall be cleared or permitted to depart on foreign voyages, unless the same be registered and duly owned and navigated as ships and vessels of the United States. And any such ship or vessel of the United States if not bound on some voyage heyond the southern cape of Africa or America, may be restrained and prevented from going to sea with such armament or means of armament, unless bond to the United States be given by the managing owner, or agent, and the master or commander thereof, with responsible surety or sureties in a penal sum not exceeding dollars, with condition that such ship or vessel shall not proceed to any port known to be actually blockaded, nor carry contraband articles to the dominions of any Power engaged in war against such as may be at peace with the United States; and that such armament or means of armament shall not be used for purposes contrary to the laws or treaties of the United States or the rules of public law by the United States acknowledged, but that the instructions which may be given by the President of the United States for preventing any infraction of such laws, treaties, or rules, shall be observed with respect to such ship or vessel in the destined voyage or voyages; and that satisfaction shall be made for all damage and injury, if any should be committed, in contravention thereof; which bond may be sued in the name of the United States, before any competent court of the United States. And whatever may be recovered thereon shall be for their use, except so much as the court may order to be paid for making such satisfaction as shall appear reasonable in any case of damage or injury. But the restrictions herein contained shall not be considered applicable to

"Given under the seal of office, at the port of" [expressing the port and district, and specifying the day That additions or variations may be made as shall apand year of the date in words at length:] Provided, pear proper in particular cases for the better description

of vessels or armaments.

SEC. 4. And be it further enacted, That it shall be lawful for the President of the United States to give directions, as in his opinion may be proper, for causing to be prepared a sufficient number of forms of such documents, which shall be attested by the Secretary, under seal of the Department of State, with proper blanks to be filled by the collectors respectively to whom the same shall be transmitted. Before any such document shall be furnished for a ship or vessel, it shall be sealed and signed by the proper collector, and countersigned by the naval officer or by the surveyor, if there be one, but no naval officer. And the documents so furnished shall be transcribed in some proper book to be kept for the purpose by the collector, who shall be entitled to like fees for the same as for certificates of registry: Provided, always, and it is declared, That this act shall not be construed to prevent ships or vest sels bound for any of the ports, places, or countries, beyond the southern cape of Africa or America, from going armed as has been usual in such cases, nor to affect any foreign armed vessel which may have been admitted as such within the territorial jurisdiction of

SENATE.

1

POPE, BAYARD, and SMITH, of Maryland, were appointed the committee.

The bill to authorize the State of Tennessee The bill, entitled "An act for the relief of John to issue grants and perfect titles on certain entries Thompson," was read the second time, and re-and locations of land therein described, having ferred to a select committee, to consider and re-been reported by the committee correctly enport thereon; and Messrs. SMITH, of Maryland, grossed, was read a third time. GREGG, and SMITH, of New York, were appointed the committee.

The bill, entitled "An act making an additional appropriation for the support of Government for the year 1812," was read the second time.

On the question, Shall this bill pass? It was determined in the affirmative yeas 18, nays 6, as follows:

YEAS-Messrs. Anderson, Bayard, Campbell of Tennessee, Condit, Cutts, Gaillard, Gilman, Goodrich, HorThe Senate resumed, as in Committee of thesey, Howell, Hunter, Lambert, Lloyd, Robinson, Smith Whole, the consideration of the bill to authorize of Maryland, Smith of New York, Tait, and Varnum. the State of Tennessee to issue grants and perfect NAYS-Messrs. Bibb, Crawford, Dana, German, titles on certain entries and locations of land Taylor and Turner. therein described; and, on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the consideration of the bill allowing an annuity to Arthur St. Clair; and, on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative-yeas 15, nays 7, as follows:

YEAS-Messrs. Anderson, Bayard, Bibb, Crawford, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Smith of Maryland, and Worthington.

NAYS-Messrs. Condit, Cutts, Robinson, Smith of New York, Tait, Turner, and Varnum.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the cutting and making a canal from the river Potomac around the west end of the dam or causeway from Mason's island, and for other purposes," in which bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading.

So it was Resolved, That this bill pass, and that the title thereof be "An act to authorize the State of Tennessee to isssue grants and perfect titles on certain entries and locations of land therein described."

Mr. SMITH, of Maryland, from the committee to whom was referred the bill, entitled "An act for the relief of John Thompson," reported it

without amendment.

Mr. LEIB presented the petition of Ninian Pinkney, now a Captain in the Army, stating that, on ade inspector, pro tempore, and that he performed the 20th of August, 1808, he was appointed brigthe duties thereof at New Orleans, and has received the emoluments attached to said office, up to the 31st of May, 1810, but, on his arrival at the Seat of Government, was required by the Department of War to refund, on the plea that relief, for reasons stated in the petition, which the appointment was inadmissible, and praying was read, and referred to a select committee, to Mr. LLOYD presented the memorial of five hun- consider and report thereon by bill or otherwise; dred and thirty-five merchants of Boston, praying and Messrs. LEIB, HOWELL, and SMITH of Marythe repeal, or such modification, of the non-im-land, were appointed the committee. portation act, as may enable them to receive their property now in Great Britain and her dependencies; which was read, and referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and, in the mean time, that it be printed for the use of

The Senate resumed, as in Committee of the Whole, the consideration of the bill to discharge from imprisonment the persons therein mentioned; and, after debate, the further consideration thereof was postponed until to-morrow.

On motion, by Mr. SMITH, of New York, Resolved, That the Secretary of the Senate be authorized to pay, out of the contingent fund, the expenses incurred for the funeral of the late VICE PRESIDENT of the United States, whenever the same shall have been allowed and certified by the committee of arrangement.

The bill allowing an annuity to Arthur St. Clair having been reported by the committee correctly engrossed, was read a third time, and on motion, by Mr. LEIB, to fill the blank with the words five hundred dollars," it was determined in the negative; and, on motion to fill the blank with the words "four hundred and fifty dollars," the votes being equal, the President determined the question in the affirmative.

On the question, Shall this bill pass? it was determined in the affirmative-yeas 17, nays 9, as follows:

YEAS-Messrs. Anderson, Bayard, Bibb Crawfor Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Smith of Maryland, and Worthington.

NAYS-Messrs. Condit, Cutts, Gaillard, Robinson, Smith of New York, Tait, Taylor, Turner, and Varnum.

So it was Resolved, That this bill pass, and that the title thereof be "An act allowing an annuity to Arthur St. Clair."

The Senate resumed, as in Committee of the Whole, the bill authorizing a subscription for the [This bill embraces cases of vessels "which Laws of the United States; and the further conmay have been laden in any of the ports of In-sideration thereof was postponed to the first Mon'dia, and whose master, supercargo, or owner, day in December next. 'may have been compelled to give bond, under The Senate resumed, as in Committee of the 'some penalty, that their respective cargoes shall Whole, the consideration of the bill, entitled An 'be landed in some part of the United States;" | act for the relief of John Thompson ;" and it was provided the duties be paid, and the goods stored ordered to a third reading. in the public stores, under the care of the collectors, subject to the future disposition of the Government.]