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Whole, the bill, entitled "An act for the relief of Josiah H. Webb;" and it was ordered to the third reading.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Thomas O'Bannon; and it was ordered to be engrossed and read a third time.

The bill, entitled "An act for the relief of Abraham Whipple, late a Captain in the Navy of the United States," was read the third time, and passed.

DECEMBER, 1811.

completing the payments on certain lands, held by right of pre-emption, in the Mississippi Territory;" in which bill they desire the concurrence of the Senate..

The bill last mentioned was read, and passed to the second reading.

WEDNESDAY, December 4.

The PRESIDENT communicated the report of the Secretary of the Navy, on moneys transferred, Mr. GILMAN, from the committee, reported the during the last recess of Congress, from certain amendments to the bill, entitled "An act for the appropriations for particular branches of expendiapportionment of Representatives among the sev-ture in that department, and of the application of eral States, according to the third enumeration," such moneys; and the report was read. correctly engrossed.

On motion, by Mr. FRANKLIN, that the bill be now read the third time, it was objected to, by Mr. ANDERSON, as against the rule.

TUESDAY, December 3.

The Senate resumed the motion submitted yesterday, by Mr. REED; and,

Ordered, That a committee be appointed to inquire whether any, and what, alterations are necessary in the rules and articles for the better government of the troops raised or to be raised by the United States; and that the committee have leave to report by bill, bills, or otherwise.

Messrs. REED, ANDERSON, VARNUM, SMITH of Maryland, and BRADLEY, were appointed the committee.

The bill, entitled "An act for the relief of Josiah H. Webb," was read the third time, and passed. Mr. BIBB, from the committee, reported the bill for the relief of Thomas O'Bannon correctly engrossed; and the bill was read the third time, and passed.

The bill, entitled "An act for the apportionment of Representatives among the several States, according to the third enumeration," was read the third time as amended, and passed.

The Senate resumed, as in Committee of the Whole, the bill making further provision for the Corps of Engineers; and the bill having been amended, the President reported it to the House accordingly.

On motion, by Mr. GERMAN, to strike out, from section 5, lines 4 and 5, the following words: "at such place as shall be designated by the President of the United States," it was determined in the affirmative yeas 16, nays 11, as follows:

YEAS-Messrs. Campbell of Ohio, Condit, Cutts, German, Gilman, Goodrich, Howell, Hunter, Lambert, Leib, Lloyd, Reed, Robinson, Smith of Maryland, Smith of New York, and Varnum.

NAYS-Messrs. Anderson, Bibb, Bradley, Campbell of Tennessee, Crawford, Franklin, Gaillard, Tait, Taylor, Turner, and Worthington.

And further amendments having been agreed to, the bill was ordered to be engrossed and read a third time as amended.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act allowing further time for

The bill, entitled "An act allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory," was read the second time, and referred to a select committee to consider and report thereon; and Messrs. TAIT, BRADLEY, and FRANKLIN, were appointed the committee.

The Senate resumed the resolution of the House of Representatives, for the appointment of a committee to have the direction of the money appropriated to purchase books for the use of the Library, and concurred therein; and Messrs. LEIB, CONDIT, and SMITH, of Maryland, were appointed the committee.

Mr. GILMAN, from the committee, reported the bill making further provision for the Corps of Engineers correctly engrossed; and the bill was read the third time, and passed.

THURSDAY, December 5.

Mr. GILES, from the committee appointed on the subject, reported a bill for the relief of Robert Fulton and his associates; and the bill was read, and passed to the second reading.

Mr. BRADLEY presented the petition of Charlotte Hazen, relict of the late Brigadier General Moses Hazen, praying a grant of land to her as a Canadian refugee, for reasons stated at large in the petition; which was read, and referred to a select committee, to consider and report thereon by bill or otherwise, and Messrs. BRADLEY, GREGG, and FRANKLIN, were appointed the committee.

Mr. CUTTS gave notice that to-morrow he should ask leave to bring in a bill to annex the towns of Kittery, Elliot, and Berwick, to the district of Portsmouth.

Mr. FRANKLIN presented the petition of David Porter, stating that he commanded the flotilla stationed at New Orleans during the existence of the laws prohibiting intercourse with France; and that he there seized and prosecuted, at his own expense, to condemnation, three vessels, the proceeds of which were distributed under the revenue laws, but that his proportion thereof did not amount to the cost of prosecution. He therefore prays Congress to relinquish to him their proportion of the penalties and forfeitures which may have been incurred by said seizures, as a remuneration for his services; and the petition was read, and referred to a select committee, to con

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sider and report thereon by bill or otherwise; and Messrs. FRANKlin, Anderson, and GOODRICH, were appointed the committee.

FRIDAY, December 6.

Mr. Currs asked and obtained leave to bring in a bill to annex the towns of Kittery, Elliot, and Berwick, to the district of Portsmouth; and the bill was read, and passed to the second reading.

Mr. GREGG presented the memorial of the President and Managers of the Union Canal Company of Pennsylvania, praying the aid of Congress to enable them to accomplish the object of their institution, as is stated at large therein; and the memorial was read, and referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and Messrs. GREGG, BAYARD, LLOYD. POPE, and HORSEY, were appointed the committee.

A message from the House of Representatives informed the Senate that the House disagree to the amendments of the Senate to the bill, entitled An act for the apportionment of Representatives among the several States, according to the third enumeration;" they ask a conference on the subject, and have appointed managers on their part. On motion, by Mr. LEIB, that the Senate insist on their amendments to the bill last mentioned, it was determined in the affirmative-yeas 12, Days 13, as follows:

YEAS-Messrs. Anderson, Bayard, Bradley, Crawford, Cutts, Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Leib, Lloyd, Reed, Robinson, Smith of Maryland, Smith of New York, Tait, and Varnum.

NAYS-Messrs. Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Condit, Franklin, Gaillard, Giles, Lambert, Pope, Taylor, Turner, and Worthing

ton.

On motion, by Mr. CRAWFORD, the Senate agreed to the conference asked by the House of Representatives on the amendments to the bill last mentioned; and Messrs. BAYARD, LEIB, and VARNUM, were appointed the managers on the part of the Senate.

The bill for the relief of Robert Fulton and his associates was read the second time.

MONDAY, December 9.

Mr. TAIT, from the committee to whom was referred the bill, entitled "An act allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory," reported it without amendment. Mr. GILES, from the committee to whom was referred so much of the Message of the President of the United States, of the fifth of November, as concerns the relations between the United States and France and Great Britain, reported, in part, a bill for completing the existing military establishment; and the bill was read, and passed to the second reading.

Mr. GILES, from the committee last mentioned, reported, in part, a bill to raise, for a limited time,

SENATE.

an additional military force; and the bill was read, and passed to the second reading.

Mr. GILES, from the same committee, reported, in part, a bill appropriating a sum of money for procuring munitions of war; and the bill was read, and passed to the second reading.

Mr. GILES, from the same committee, also reported, in part, a bill for the establishment of a quartermaster's department; and the bill was read, and passed to the second reading.

[Upon presenting the report of the Committee of Foreign Relations to the Senate, Mr. GILES remarked, that he was directed by the committee to report by bills in part; that the bills now reported, presented such a system of military preparations as the committee had deemed it proper, to recommend to the adoption of the Senate in the present crisis; that it had not yet matured a system of naval preparation; that would probably form the subject of a future report.]

The bill for the relief of Robert Fulton and his associates was resumed; and, on motion, by Mr. ANDERSON, it was made the order of the day for Thursday next.

The bill to annex the towns of Kittery, Elliot, and Berwick, to the district of Portsmouth, was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. CUTTS, LLOYD, and FRANKLIN, were appointed the committee.

TUESDAY, December 10.

The bill for completing the existing Military Establishment was read the second time. The bill to raise, for a limited time, an additional military force, was read the second time. The bill appropriating a sum of money for procuring, munitions of war, was read the second time.

The bill for the establishment of a quartermaster's department was read the second time; and on motion, by Mr. GILES, these bills were severally made the order of the day for Friday next.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory;" and the bill was ordered to the third reading.

Mr. GILES presented the petition of Charles Whitlow, nurseryman and botanical collector, stating that he has discovered a native vegetable, which possesses, in the highest degree, the quali ties of flax and hemp, and praying that, in consideration of making a disclosure of this important discovery to Congress, he may be allowed to import into the United States, by special licences, all such seeds, grains, and growing plants, as he may deem useful for the improvement of gardening, science, or the arts; and the petition was read, and referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and Messrs. GILES, GREGG, GERMAN, SMITH, of New York, and BAYARD, were appointed the committee.

SENATE.

Proceedings.

DECEMBER, 1811.

Mr. BAYARD, from the committee appointed as The bill, entitled "An act for the relief of John managers of the conference upon the subject-mat-Burnham," was read the second time, and referred ser of the bill from the House of Representatives, to a select committee, to consider and report thereentitled "An act for the apportionment of Repre- on; and Messrs. GERMAN, FRANKLIN, and GREGG, tentatives among the several States, according to were appointed the committee. the third enumeration," made the following report:

"That the committee had held a conference with the managers appointed in behalf of the House of Representatives, and that the joint committee of the two Houses, upon the close of the conference, finally separated without coming to any agreement. That the committee heard nothing on the conference sufficient to induce them to depart from the amendments made by the Senate to the bill from the House of Representatives. They therefore recommend it to the Senate to adhere to the said amendments."

On motion, by Mr. BAYARD, it was agreed that the consideration of the report be the order of the day for to-morrow.

WEDNESDAY, December 11.

The bill, entitled "An act allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory," was read the third time, and passed.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to authorize the laying out and opening a public road from the line established by the treaty of Greenville to the North Bend, in the State of Ohio;" also a bill, entitled "An act for the relief of John Burnham;" in which bills they desire the concurrence of the Senate.

The bills last mentioned were read, and passed to the second reading.

The Senate resumed the consideration of the report of the managers at the conference upon the subject-matter, of the amendments to the bill, entitled "An act for the apportionment of Representatives among the several States, according to

the third enumeration."

Whereupon, on motion by Mr. BAYARD, that the Senate adhere to their amendments to the said bill, it was determined in the affirmativeyeas 18, nays 16, as follows:

Mr. DANA presented the petition of Isaac Tryon, of Glastenbury, in the State of Connecticut, praying that the patent granted him on the 22d of February, 1798, for a new and useful improvement in manufacturing combs, may be extended for a longer time, for reasons stated therein at large; and the petition was read, and ordered to lie on the table.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Robert Fulton and his associates; and, after debate, the further consideration thereof was postponed until to-morrow.

FRIDAY, December 13.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Robert Fulton, and his associates; and, on motion, by Mr. BAYARD, to postpone the consideration thereof to Monday fortnight, it was determined in the negative. And on motion, by Mr. GILES, it was recommitted to a select committee, to consist of five members, with instructions to revise the patent laws, with liberty to report thereon by bill, bills, or otherwise; and Messrs. GILES, BAYARD, CRAWFORD, CAMPBELL of Tennessee, and ANDERSON, were appointed the committee.

The Senate resumed, as in Committee of the Whole, the bill for completing the existing Military Establishment; and, after progress, adjourned.

SATURDAY, December 14.

The Senate resumed, as in Committee of the tary Establishment; and the bill having been Whole, the bill for completing the existing Miliamended, the President reported it to the House accordingly; and the bill was further amended. and read a third time as amended? it was deterOn the question, Shall this bill be. engrossed mined in the affirmative.

The Senate resumed, as in Committee of the YEAS-Messrs. Bayard, Bradley, Cutts, Dana, Ger- Whole, the bill to raise, for a limited time an adman, Gilman, Goodrich, Gregg, Horsey, Howell, Hun-ditional military force; and, after progress, adter, Leib, Lloyd, Reed, Robinson, Smith of Maryland, Smith of New York, and Varnum.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Condit, Crawford, Franklin, Gaillard, Giles, Lambert, Pope, Tait, Taylor, Turner, and Worthington.

THURSDAY, December 12.

journed.

MONDAY, December 16.

Mr. WORTHINGTON, from the committee appointed on the subject, reported a bill authorizing the President of the United States to raise certain companies of spies or rangers for the protection of the frontier of the United States; and the bill was read, and passed to the second reading.

The bill, entitled "An act to authorize the laying out and opening a public road from the line established by the treaty of Greenville to the North Mr. GILMAN, from the committee, reported the Bend, in the State of Ohio," was read the second bill for completing the existing Military Estabtime, and referred to a select committee, to con-lishment correctly engrossed, and the bill was sider and report thereon; and Messrs. CAMPBELL, of Ohio, GREGG, and POPE, were appointed the committee.

read the third time; and the blanks filled.

On motion, by Mr. ANDERSON, to recommit the bill to a select committee, further to consider

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and report thereon, it was determined in the negative..

On the question, Shall this bill pass? it was determined unanimously in the affirmative, yeas 28, as follows:

Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Condit, Crawford, Cutts, Dana, Franklin, Gaillard, German, Giles, Gilman, Goodrich, Gregg, Lambert, Leib, Lloyd, Pope, Reed, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, and Varnum.

SENATE.

ents granted to Robert Fulton; which was read
and passed to a second reading.

ADDITIONAL MILITARY FORCE.
The Senate resumed, as in Committee of the
Whole, the bill to raise, for a limited time, an ad-
ditional military force.

On motion, by Mr. REED, to strike out, from section 1, line 3, the word "ten," for the purpose of inserting in lieu thereof, the word "twenty," it was determined in the negative-yeas 2, nays 31, as follows:

YEAS-Messrs, Lambert and Reed.

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Mr. FRANKLIN presented the petition of Thomas Gordon, of Pasquotank county, in the State of North Carolina, in behalf of himself and John NAYS-Messrs. Anderson, Bayard, Bibb, Bradley, Shaw, praying a remission of the penalties in- Campbell of Ohio, Campbell of Tennessee, Condit, curred by them as securities in an embargo bond, Crawford, Cutts, Dana, Franklin, Gaillard, German, for reasons stated therein at large; and the peti- Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Huntion was read, and referred to a select committee, ter, Leib, Lloyd, Pope, Robinson, Smith of Maryland, to consider and report thereon, by bill or other-Smith of New York, Tait, Taylor, Turner, Varnum, wise; and Messrs. FRANKLIN, TAYLOR, and CRAW- and Worthington. FORD, were appointed the committee.

On motion of Mr. DANA,

Ordered, That the petition of Isaac Tryon, presented the 12th instant, be referred to the committee to whom was referred. the 26th November, the memorial of Robert R. Livingston, and Robert Fulton, to consider and report thereon by bill or otherwise.

MONDAY, December 17.

The bill authorizing the President of the United States to raise certain companies of spies or rangers, for the protection of the frontier of the United States, was read the second time.

On motion by Mr. BIBB, to expunge the last section of the bill, as follows:

"That every commissioned and staff officer, to be appointed in virtue of this act, shall be a citizen of the United States, or some one of the Territories thereof;" It was determined in the affirmative-yeas 19, nays 14, as follows:

YEAS-Messrs. Bayard, Bibb, Bradley, Campbell of
Ohio, Campbell of Tennessee, Crawford, Cutts, Ger-
man, Giles, Howell, Hunter, Leib, Pope, Robinson,
Smith of New York, Taylor, Turner, Varnum, and
Worthington.

Gaillard, Gilman, Goodrich, Gregg, Horsey, Lambert,
NAYS-Messrs. Anderson, Condit, Dana, Franklin,
Lloyd, Reed, Smith, of Maryland, and Tait.

And the PRESIDENT reported the bill to the
House as amended.

On motion of Mr. CAMPBELL, of Tennessee, to strike out from section twelve, line six, to the end of the section, as amended, the following words:

[This bill provides, "that the President of the United States, whenever he shall have satisfactory evidence of the actual or threatened invasion of any State or Territory of the United States, by any Indian tribe, or tribes, be and he is hereby authorized to raise, either by the acceptance of volunteers, or enlistment for one year, unless "And whenever any non-commissioned officer or Sooner discharged, as many companies as he may soldier shall be discharged from the service, who shall deem necessary, who shall serve on foot, or be have obtained from the commanding officer of his commounted, as the service in his opinion may re- pany, battalion, or regiment, a certificate that he had quire-shall act on the frontier as spies or rangers, faithfully performed his duty while in service, he shall, be armed, equipped, and organized in such man- moreover, be allowed and paid, in addition to the said Der, and be under such regulations and restric-bounty, three months' pay, and acres of land. tions as the nature of the service in his opinion missioned officers, or soldiers, who may be killed in acAnd the heirs and representatives of those non-commay make necessary." "Each of the said com- tion or die in the service of the United States, shall panies of spies or rangers to consist of one cap-likewise be paid and allowed the said additional bounty lain, one first, one second lieutenant, one ensign, of three months' pay and four sergeants, four corporals, and sixty privates."]signated, surveyed, and laid off, at the public expense, acres of land, to be deMr. POPE submitted the following motion for in such manner, and upon such terms and conditions, consideration: as may be provided by law :"

Resolved, That a committee be appointed to inquire into the expediency of making provision for the widows and representatives of the militia volunteers who fell in the late engagement with the Indians on the Wabash, under the command of Governor Harrison; and, also, of making compensation for the horses and other property lost or destroyed; and that the committee have leave to report by bill or otherwise.

Mr. GILES, from the committee to whom the subject was recommitted the 13th inst., reported, in part, a bill extending the time of certain pat 12th CoN. 1st SESS.-2

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For the purpose of inserting, in lieu thereof, the following words:

who shall have faithfully performed his duty, served "And every non-commissioned officer and soldier out his term of five years, and obtained his discharge from the proper officer, shall be entitled to, and receive, in addition to the said bounty, three months' pay and a land warrant for one hundred and sixty acres. And in case such non-commissioned officer or soldier shall have been discharged previous to the expiration of the term of five years for which he was enlisted, having faith

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fully performed his duty while in service, he shall be entitled to, and receive a land warrant for, a number of acres proportioned to the time he shall have actually served, allowing at the rate of one hundred and sixty acres for the full time of five years. And the legal representatives of every non-commissioned officer or soldier who shall be killed while in the line of his duty, or who shall, during the time for which he may have been enlisted, die in actual service, or of wounds received in battle, or while in the line of his duty, shall be entitled to, and receive a land warrant for, the full quantity of acres to which the said deceased would have been entitled had he lived and served out his full term of five years; which said land warrants shall be issued by the Secretary of War, in the names and for the use only of the persons who performed the services, or their legal representatives, and shall not be transferable to any other person or persons; and may, at their option, be located with the register of either of the land offices of the United States, subsequent to the public sales in such office, on any of the public lands of the United States then and there offered for sale; or may be received at the rate of two dollars per acre in payment of any such public lands:"

DECEMBER, 1811.

yet the motion furnished a most extensive scope for observation, because, if it should unfortunately succeed, it would essentially derange, as he conceived, the whole views of the committee who had reported the bill. He would, therefore, present to the Senate the most prominent and important considerations, which he presumed had operated on the committee, and had certainly on himself, to induce the recommendation of twentytum of force demanded by the crisis; and to defive thousand men, as the smallest possible quanmonstrate the advantages of a force at least to that extent, over that which seemed to be contemplated by the honorable mover, and still more over that which is said to consist with the Executive project.

In the consideration of this subject it is important to turn our attention to the objects for which a military force is demanded, to enable us the better to apportion the means to the objects intended to be effected. For this purpose he begged the most serious attention of the Senate to the President's Message at the commencement of the

And it was determined in the negative-yeas session. 10, nays 23, as follows:

1

1

YEAS-Messrs. Anderson, Campbell of Ohio, Campbell of Tennessee, Franklin, Gregg, Hunter, Lambert, Leib, Lloyd, and Worthington.

NAYS-Messrs. Bayard, Bibb, Bradley, Brent, Crawford, Cutts, Dana, Gaillard, German, Giles, Gilman, Goodrich, Horsey, Howell, Pope, Reed, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, and Varnum.

And the bill was further amended. On motion, by Mr. ANDERSON, to strike out the word "ten," section one, line three

Mr. GILES rose, and submitted, in substance, the following observations:

"I must now add," observes the President "that the period is arrived which claims from the legislative guardians of the national rights a system of more ample provision for maintaining them. Notwithstanding the scrupulous justice, the protracted moderation, and the multiplied efforts on the part of the United States, to substitute for the accumulating dangers to the peace of the two countries, all the mutual advantages of reestablished friendship and confidence, we have seen that the British Cabinet perseveres, not only in withholding a remedy for other wrongs so long and so loudly calling for it, but in the execution, brought which, under existing circumstances, have the charhome to the threshold of our territory, of measures acter, as well as the effect, of war on our lawful com

merce.

"With this evidence of hostile inflexibility, in trampling on rights which no independent nation can relinquish, Congress will feel the duty of putting the United States into an armor and an attitude demanded by the crisis, and corresponding with the national spirit and expectations.

be engaged for a more limited term; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services; for detachments, as they may be wanted, of other portions of the militia, and for such a preparation of the great body as will proportion its usefulness to its intrinsic capacity."

Mr. GILES said, he found himself in a very unprepared state, called upon to oppose a very unexpected motion. The object of the mover had been very precisely expressed; but he had mentioned the number of twelve thousand infantry as preferable to twenty thousand, about the number provided for by the bill. Mr. G. said it was also understood, that a force of ten thousand men "I recommend, accordingly, that adequate provision of every description would more correspond with be made for filling the ranks and prolonging the enlistthe Executive views, and fully answer the Ex-ments of the regular troops; for an auxiliary force, to ecutive requisition. This, he believed, was the fact, and should so consider it in the course of the observations he proposed. to make. Notwithstand ing this circumstance, however, considering the late occurrences on our Western frontiers, and the feelings of the Western people so justly excited thereby, &c., he acknowledged that the motion had come from the most unexpected quarter of the Union, and from a gentleman the most unexpected to him of all those who represent the western portion of the United States; because, from the long course of military services honorably rendered by that gentleman during the Revolutionary war, he must have become well acquainted with the absolute necessity of a due degree of momentum in military affairs.

Mr. G. said he did not propose to go into a full exposition of our foreign relations at this time;

Here we find, in the first place, the most solemn and imperious call upon Congress, in the character of "the legislative guardians of the national rights, for a system of more ample provisions for maintaining them." The President then very properly and emphatically proceeds to tell us why he makes this solemn call upon the legis lative guardians of the nation at this time. He tells us in substance, that notwithstanding "the scrupulous justice, the protracted moderation, and multiplied efforts on the part of the United States," to induce Great Britain to recede from her hostile

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