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H. OF R.

Apportionment of Representation.

NOVEMBER, 1811.

on the memorial of the Legislative Council and Richard Stanford, Lewis B. Sturges, Benjamin TallHouse of Representatives of said Territory, pray-madge, Robert Whitehill, David R. Williams, Thomas ing admission into the Union on an equal footing Wilson, and Richard Winn. with the original States; and that so much of the said petition as relates to land claims, be referred to the Committee on the Public Lands.

A message from the Senate informed the House that the Senate have passed a bill to authorize the surveying and marking of certain roads in the State of Ohio, as contemplated by the Treaty of Brownstown, in the Territory of Michigan" and desire the concurrence of this House therein.

APPORTIONMENT BILL

The bill for the apportionment of representatives according to the third enumeration of the people of the United States was read a third time; and on the question, "Shall the bill pass?" Mr. BIBB moved to recommit the bill, with a view to substitute another ratio for that on which it is now predicated.

The motion was supported at considerable length by Mr. QUINCY, as also by Mr. KEY and Mr. WIDGERY and Mr. SMILIE, and opposed by Mr. RANDOLPH.

The motion for recommitment was lost-yeas 56, nays 72, as follows:

YEAS--William Anderson, Daniel Avery, Ezekiel Bacon, Josiah Bartlett, William W. Bibb, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, Elijah Brigham, Robert Brown, Martin Chittenden, Thomas B. Cooke, Lewis Condit, Roger Davis, Samuel Dinsmoor, William Ely, James Emott, William Findley, James Fisk, Asa Fitch, Thomas R. Gold, Isaiah L. Green, Bolling Hall, Obed Hall, John A. Harper, John M. Hyneman, Philip B. Key, Robert Le Roy Livingston, Aaron Lyle, George C. Maxwell, Arunah Metcalf, James Milnor, Samuel L. Mitchill, Benjamin Pond, Peter B. Porter, Josiah Quincy, William Reed, Henry M. Ridgely, William Rodman, Thomas Sam mons, Ebenezer Seaver, Adam Seybert, Samuel Shaw, John Smilie, George Smith, Silas Stow, William Strong, George Sullivan, Samuel Taggart, Peleg Tallman, Uri Tracy, Charles Turner, jun., Pierre Van Cortlandt, jun., Laban Wheaton, Leonard White, and William Widgery.

NAYS-Willis Alston, jun., Stevenson Archer, John Baker, David Bard, Burwell Bassett, William Blackledge, Thomas Blount, James Breckenridge, William A. Burwell, William Butler, John C. Calhoun, Epaphroditus Champion, Langdon Cheves, John Clopton, William Crawford, John Davenport, jun., John Dawson, Joseph Desha, Elias Earle, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Edwin Gray, Felix Grundy, Aylett Hawes, Jacob Hufty, John P. Hungerford, Richard Jackson, jun., Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Lyman Law, Joseph Lefever, Joseph Lewis, jun.,

-Peter Little, William Lowndes, Nathaniel Macon, Thomas Moore, Archibald McBryde, William McCoy, Samuel McKee, Alexander McKim, James Morgan, Jeremiah Morrow, Jonathan O. Moseley, Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton, Stephen Ormsby, Joseph Pearson, Israel Pickens, William Piper, Timothy Pitkin, jun., James Pleasants, jun., Elisha R. Potter, John Randolph, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, John Sevier, John Smith,

The question was then taken on the passage of the bill, and resolved in the affirmative.

MILITARY CORPORAL PUNISHMENT. Mr. RANDOLPH prefaced a motion on this subject by observing that he trusted it was one on which there would be no difference of opinion. The subject had before now been agitated in the House, and had been spoken of at least, if not formally brought before the Committee of Foreign Relations; but deeming it more specifically to belong to the committee on that part of the President's Message relating to our military affairs, he wished to give it that direction. If they were, according to the wishes of the Executive, to increase the standing military force, to authorize the President to accept the services of volunteer companies, and to call out detachments of militia; in other words, if there was the slightest probability that the public force of the country would be brought into action; the first step to be taken must be to amend the rules and articles of war, so as to abolish the use of the lash. Although the vagrants picked up in alehouses and tippling shops might submit to this degradation, it was well known, Mr. R. said, that the yeomanry of the country would not; and he would venture to say that, formidable as they would be to an enemy in the field, they would prove more so to their officers if this sort of military discipline were attempted to be introduced among them. He remarked also that, notwithstanding all that could be said by military coxcombs, by the, sticklers for the old system, experience had proved that flogging was not essential to the strictest military discipline. He, therefore, moved,

"That the committee to whom has been referred so much of the President's Message as relates to filling the ranks and prolonging the enlistments of the regular troops, and to an auxiliary force, be instructed to inquire whether any, and what alteration is necessary in the act, entitled 'An act for establishing rules and articles for the government of the armies of the United States."

The resolution was ordered to lie on the table.

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This resolution, on the suggestion of Mr. RHEA, who had previously offered a resolution on the same subject, was ordered to lie on the table.

IMPRESSED SEAMEN.

Mr. LITTLE offered the following resolution: Resolved, That the President of the United States be requested to cause to be laid before this House, as far as practicable, a list of the whole number of persons impressed, seized, and otherwise unlawfully taken from on board vessels sailing under the United States'

The bill from the Senate authorizing the surveying and marking certain raads in the State of Ohio, as contemplated by the Treaty of Browns-flag on the high seas or rivers, in ports and harbors; town, was twice read and committed.

The bill for the relief of Josiah H. Webb (a person disabled by a wound whilst engaged in conveying the mail of the United States) went through a Committee of the Whole, and was ordered by the House to be engrossed for a third reading.

The bill for the relief of Anthony Crease went through a Committee of the Whole, and was, after some objections, reported to the House, who refused to pass it to a third reading, 51 to 48. [The bill went to enable said Crease, an alien, or his heirs, to hold real estate within this District.]

Mr. NELSON presented the petition of the Protestant Episcopal Church of the town of Alexandria, praying for an act of incorporation. [A bill for carrying into effect the prayer of a similar petition, it will be recollected, was at the last session rejected by the President of the United States.] The memorial, which is very long, was read and referred to the Committee of the District of Columbia.

Mr. RHEA offered the following resolution, giving as a reason for it, the doubts which seem to hang over the subject:

Resolved, That the Committee on Indian Affairs be instructed to inquire, whether the laws of the United States, or the laws of the respective States and Territories, do extend over parts of States and Territories, situated respectively adjacent to the United States, and to which the Indian title is not extinct, and in what manner, and to what extent, and report their opinion thereon.

On the suggestion of Mr. LACOCK who remarked on the number of resolutions of this kind already before the House, the resolution was, with the consent of the mover, ordered to lie on the table.

Mr. POINDEXTER, after observing that the resolution already before the House on the subject was not sufficiently comprehensive, moved the following resolution:

Resolved, That the committee appointed on so much of the Message of the President of the United States as relates to Indian affairs, be instructed to inquire into the expediency of extending the jurisdiction of the of the Territories thereof, over those parts of the several States and Territories to which the Indian title has not been extinguished, so as to authorize said courts to take cognizance of all cases, civil and criminal, against any citizen or citizens, or other person or persons, (Indians excepted,) resident or being within the Indian boundary.

district courts of the United States and inferior courts

by whom, and under the authority of what Power, Kingdom, or State, such impressments, seizures, and other unlawful detentions were made; what number other information on this subject as he in his judgment may think proper to communicate.

thereof are citizens of the United States; with such

Mr. SEYBERT inquired what period of time the mover contemplated to be embraced by his resolution.

Mr. LITTLE said his object was to procure every information attainable on a subject which had excited much attention and feeling among the people of the United States, and occasioned loud complaint. He said he had examined the records of the House and found no report on the subject later than 1807, which report was but partial. His object was to obtain information on the subject from 1792, when the evil was first felt, to the present time.

The resolution lies on the table.

AMERICAN MANUFACTURES.

Mr. NEWTON observed that the persons who took the third census had been also directed by law to take accounts of the manufactures of the United States in their respective districts, and make their returns to the office of the Secretary of the Treasury of the United States. So soon as the Committee of Commerce and Manufactures should be in possession of that report, it was the intention of the committee to take the subject of manufactures into consideration. And he now rose to give notice that the committee were ready to receive any information on this subject which gentleman from any part of the Union might have to communicate.

Mr. RHEA, after expressing his thanks for the liberty offered to him to give to the Committee of Commerce and Manufactures any information he might possess on the subject of the manufac tures of the country in which he lived; but thinking it possible he might not have the honor of coming before that committee, he should move the consideration of the resolution offered by him coarse manufactures of certain materiais importsome days ago for laying additional duties on the ed into the United States. It appeared from the gentleman's statement, that the committee had now before them no specific proposition for encouraging manufactures, and were waiting for a certain something from the Treasury Department, which they did not know when they should receive. He, therefore, hoped they would take up his resolution.

H. OF R.

Process in Federal Courts- Western Roads.

The House refused to proceed to the consideration of Mr. RHEA's resolution-yeas 44, nays 69. Mr. RHEA then moved the order of the day on the bill providing for the government of Louisiana; which the House also refused to take up.

PROCESS IN FEDERAL COURTS.

The House resolved itself into a Committee of the Whole on the bill providing for the more convenient taking of affidavits to be used in civil cases in the courts of the United States, and to provide the mode of taking bail in certain cases. [The bill goes to authorize certain judicial officers in each State, such as the Chancellor and Judges of the Superior Courts, &c., to receive bail and take affidavits to be used in civil cases in the courts of the United States.]

Considerable conversation took place between Messrs. GOLD, GHOLSON, McCOY, KING, FISK. CHEVES, MILNOR, CLAY, (Speaker,) KEY, and ELY, on the principle as well as on the details of the bill.

NOVEMBER, 1811.

THURSDAY, November 28.

Two other members, to wit: WILLIAM PAULDING, jun., from New York, and CHARLES GOLDSBOROUGH, from Maryland, appeared. produced their credentials, were qualified, and took their seats.

The annual report of the Secretary of the Treasury, respecting the regulation of the currency of foreign coins, was laid before the House by the SPEAKER, and ordered to lie on the table. Mayor and Aldermen of the city of New Orleans, Mr. MORROW presented the petition of the praying that Congress will invest the right to a certain lot of land lying in the city of New Orleans, in the corporation thereof, on which it is proposed, under an act of the said corporation, to erect steam engines, and the necessary buildings by which it is contemplated to supply the said city with water.

Mr. BACON moved the following resolutions, which were agreed to:

Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of contin uing in force for a further time the first section of an act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers," and that they have leave to report by bill or otherwise.

Resolved, That the Committee of Ways and Means It appeared, from what was said by different uing in force, for a further time, an act, entitled "An be instructed to inquire into the expediency of contingentlemen, that there was no uniform rule pre- act continuing, for a limited time, the salaries of the scribed in such cases by the laws of the United officers of Government therein mentioned," and have States; that whilst in New York and Pennsyl-leave to report by bill or otherwise. vania, clients frequently had to travel three or four hundred miles to the district Judge, or to the office of the clerk of the court, to make affidavit or to enter bail; yet in Kentucky, Maryland, and Massachusetts, affidavits were made or bail entered before any authority commissioned to do the same as to the State courts. The bill was objected to, therefore, principally on two grounds; because it abridged the rights of the people of those States where the greatest latitude of indul-on the Wabash: gence already existed, and because the courts of the United States were authorized to make such rules and regulations in this case as they should think proper. There appearing, however, to be much difference of opinion on the subject among the legal characters of the House, the committee rose, and the bill was recommitted to the committee who reported it, to which on motion of Mr. GOLD, four other members were added, viz: Mr. CHEVES, Mr. KEY, Mr. ELY, and Mr. GHOL

SON.

WEDNESDAY, November 27.

Mr. GHOLSON made an unfavorable report on the claims of several petitioners barred by the statutes of limitation. Referred to a Committee of the Whole.

The engrossed bill for the relief of Josiah H. Webb, was read a third time, and passed.

Mr. MORROW reported favorably on the petition of sundry land claimants in Mississippi Territory, praying for an extension of time for paying the last instalment on purchases of public lands.-Recommitted to the Land Committee, to report a bill thereon.

The House went into a Committee of the Whole, on the report of the Committee of Elections, on the contested election of JOHN P. HUN GERFORD. Before any decision could be had, the Committee rose, and the House adjourned.

Mr. MORROW moved the following resolution, predicating it on the late unfortunate occurrence

Resolved, That the President of the United States be authorized to loan to the State of Ohio -- stand of arms, with bayonets and cartouch boxes, and pieces of field artillery, on the Legislature of that State making such provision by law as shall, in his opinion, afford security for their safe-keeping and return, save the damage and loss incident to use and accident in

actual service.

The resolution was referred to a Committee of

the Whole.

Mr. JENNINGS moved the following resolution, which was agreed to:

Resolved, That a committee be instructed to inquire into the expediency of allowing the qualified voters in the several counties in the Indiana Territory to elect their sheriffs in their respective counties, and that the said committee inquire likewise into the expediency of allowing appeals in certain cases, from the Territorial courts to the courts of the United States, and what amendments, if any, are necessary to be made to an act entitled "an act to divide the Indiana Territory into two separate governments," with leave to report by bill, bills, or otherwise.

Messrs. JENNINGS, SEVIER, NEW, ROBERTS, WILSON, MORGAN, and MAXWELL, were appointed the committee.

WESTERN ROADS.

Mr. MORROW made a report of the committee appointed on the 11th instant," to inquire into the expediency of laying out and making the roads contemplated by the Treaty of Brownstown,"

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which was read and committed to a Committee of the Whole. The report is as follows:

H. OF R.

That they have endeavored to give to the subject submitted to them that full and dispassionate consideration which is due to one so intimately connected with the interest, the peace, the safety, and the honor of their country.

Your committee will not encumber your journals, and waste your patience with a detailed history of all the various matters growing out of our foreign relations. The cold recital of wrongs; of injuries and ag

That the roads contemplated by the said treaty have for their object the opening a communication by land between the Territory of Michigan and the different settlements in the State of Ohio, and generally with the other parts of the United States. A view of the geographical position of the Territory of Michigan, situate as it is, bordering for a considerable extent on the British provinces of Upper Canada, bounded on the east,gressions known and felt by every member of this north, and west, by water, and on the south by an ex- Union, could have no other effect than to deaden the tensive tract of country to which the Indian title re- national sensibility, and render the public mind calmains unextinguished, convinces the committee of the lous to injuries with which it is already too familiar. utility and necessity of the proposed roads. They Without recurring, then, to the multiplied wrongs would subserve to the convenience of the citizens in of partial or temporary operation, of which we have their ordinary intercourse; of the Government in the so just cause of complaint against the two great belligtransportation of the public mail; and, especially in an erents, your committee will only call your attention, emergency, would be necessary for military operations. at this time, to the systematic aggression of those PowThe distance from the rapids of the Miama of the ers, authorized by their edicts against neutral comlakes to the Western boundary of the Connecticut Re-merce-a system, which, as regarded its principles, serve is about thirty-five miles; and from the lower San- was founded on pretensions that went to the subverdusky, in a southwardly direction, to the old Indian boun- sion of our national independence; and which, aldary line, is about seventy miles; making proper allow though now abandoned by one Power, is, in its broad ance for windings in the roads, so that they may be made and destructive operation, as still enforced by the other, on the best ground. The aggregate length of road pro- sapping the foundation of our prosperity. posed to be made may be estimated at one hundred and twenty miles; but, however great the advantage, and immediate the necessity of these roads, it is not probable that the object will be accomplished for many years to come, unless the United States provide the funds. The Territory of Michigan is destitute of the means, and the proposed roads are without the limits of her territorial jurisdiction; the State of Ohio, with limited public resources, and multiplied demands for extensive improvements on the roads within her settlements; it is not to be expected that either will afford the funds necessary to accomplish the proposed object. The committee are of opinion that provision ought to be made for laying out and making the said roads, and that they ought to be located of the width proposed by the said treaty.

It is more than five years since England and France, in violation of those principles of justice and public law, held sacred by all civilized nations, commenced this unprecedented system by seizing the property of the citizens of the United States, peaceably pursuing their lawful commerce on the high seas. To shield themselves from the odium which such outrage must incur, each of the belligerents sought a pretext in the conduct of the other-each attempting to justify his system of rapine as a retaliation for similar acts on the part of his enemy. As if the law of nations, founded on the eternal rules of justice, ceuld sanction a principle, which, if ingrafted into our municipal code, would excuse the crime of one robber, upon the sole plea that the unfortunate object of his rapacity was also a victim to the injustice of another. The The House again resolved itself into a Com-fact of priority could be true as to one only of the parmittee of the Whole on the report of the Committee of Elections on the petition of John Taliaferro, contesting the election of JOHN P. HUNGERFORD. Before any decision was bad, the Committee rose, and the House adjourned.

FRIDAY, November 29.

The House took up the resolution submitted on the 26th, calling on the Executive for information respecting impressments, which was agreed to; and Mr. LITTLE and Mr. REED appointed a committee to present the same to the President.

ties, and whether true or false, could furnish no ground of justification.

The United States thus unexpectedly and violently assailed by the two greatest Powers in Europe, withdrew their citizens and property from the ocean: and cherishing the blessing of peace, although the occasion would have fully justified war, sought redress in an appeal to the justice and magnanimity of the belligerents. When this appeal had failed of the success which was due to its moderation, other measures, founded on the same pacific policy, but applying to the interests instead of the justice of the belligerents, were resorted to. Such was the character of the non

the return of both Powers to their former state of amicable relations, by offering commercial advantages to the one who should first revoke his hostile edicts, and imposing restrictions on the other.

The House proceeded to consider the amend-intercourse and non-importation laws, which invited ments of the Senate to the bill extending the time for opening the several land offices in the Territory of Orleans;" which were, together with the bill, committed to the Committee on Public Lands.

FOREIGN RELATIONS.

Mr. PORTER, from the Committee on Foreign Relations, made the following report, which was referred to a Committee of the Whole:

The committee to whom was referred that part of the President's Message which relates to our foreign affairs, beg leave to report in part:

France, at length, availing herself of the proffers -made equally to her and her enemy, by the non-importation law of May, 1810, announced the repeal, on the first of the following November, of the decrees of Berlin and Milan. And it affords a subject of sincere congratulation to be informed, through the official organs of the Government, that those decrees are, so far at least as our rights are concerned, really and practically at an end.

H. OF R.

Foreign Relations.

NOVEMBER, 1811.

in the privation of protectors and parents, have, of late, been drowned in the louder clamors at the loss of property; yet is the practice of forcing our mariners into the British navy, in violation of the rights of our flag, carried on with unabated rigor and severity. If it be our duty to encourage the fair and legitimate commerce of this country by protecting the property of the merchant; then, indeed, by as much as life and liberty are more estimable than ships and goods, so much more impressive is the duty to shield the persons of our seamen, whose hard and honest services are employed equally with those of the merchants in advancing, under the mantle of its laws, the interests of their country.

It was confidently expected, that this act on the part of France would have been immediately followed by a revocation on the part of Great Britain of her Orders in Council. If our reliance on her justice had been impaired by the wrongs she had inflicted, yet, when she had plighted her faith to the world that the sole motive of her aggression on neutral commerce was to be found in the Berlin and Milan decrees, we looked forward to the extinction of those decrees, as the period when the freedom of the seas would be again restored. In this reasonable expectation we have, however, been disappointed. A year has elapsed since the French decrees were rescinded, and yet Great Britain, instead of retracing pari passu that course of unjustifiable attack on neutral rights, in which she professed to be only the reluctant follower of France, has advanced with bolder and continually increasing strides. To the categorical demands lately made by our Government for the repeal of her Orders in Council, she has affected to deny the practical ex-purposes of transporting, in their own vessels, the tinction of the French decrees, and she has, moreover, advanced a new and unexpected demand, increasing in hostility the orders themselves. She has insisted, through her accredited Minister at this place, that the repeal of the Orders in Council must be preceded, not only by the practical abandonment of the decrees of Berlin and Milan, so far as they infringe the neutral rights of the United States; but by the renunciation on the part of France, of the whole of her system of commercial warfare against Great Britain, of which those decrees originally formed a part.

To sum up, in a word, the great causes of complaint against Great Britain, your committee need only say, that the United States, as a sovereign and independent Power, claim the right to use the ocean, which is the common and acknowledged highway of nations, for the products of their own soil and the acquisitions of their own industry, to a market in the ports of friendly nations, and to bring home, in return, such articles as their necessities or convenience may require always regarding the rights of belligerents, as defined by the established laws of nations. Great Britain, in defiance of this incontestable right, captures every American vessel bound to, or returning from, a port where her commerce is not favored; enslaves our seamen, and in spite of our remonstrances, perseveres in these aggres

sions.

To wrongs so daring in character, and so disgraceful in their execution, it is impossible that the people of the United States should remain indifferent. We must now tamely and quietly submit, or we must resist by those means which God has placed within our reach.

This system is understood to consist in a course of measures adopted by France and the other Powers on the Continent subject to, or in alliance with her, calculated to prevent the introduction into their territories of the produce and manufactures of Great Britain and her colonies; and to annihilate her trade with them. However hostile these regulations may be on Your committee would not cast a shade over the the part of France towards Great Britain, or however American name by the expression of a doubt which sensibly the latter may feel their effects, they are, nev-branch of this alternative will be embraced. The ocertheless, to be regarded only as the expedients of one enemy against another, for which the United States, | as a neutral Power, can, in no respect, be responsible; they are, too, in exact conformity with those which Great Britain has herself adopted and acted upon in time of peace as well as war. And it is not to be presumed that France would yield to the unauthorized demand of America what she seems to have considered as one of the most powerful engines of the pres

ent war.

Such are the pretensions upon which Great Britain founds the violation of the maritime rights of the United States-pretensions not theoretical merely, but followed up by a desolating war upon our unprotected commerce. The ships of the United States, laden with the products of our own soil and labor, navigated by our own citizens, and peaceably pursuing a lawful trade, are seized on our own coasts, at the very mouths of our harbors, condemned and confiscated.

Your committee are not, however, of that sect whose worship is at the shrine of a calculating avarice. And while we are laying before you the just complaints of our merchants against the plunder of their ships and cargoes, we cannot refrain from presenting to the justice and humanity of our country the unhappy case of our impressed seamen. Although the groans of these victims of barbarity for the loss of (what should be dearer to Americans than life) their liberty; although the cries of their wives and children

casion is now presented when the national character, misunderstood and traduced for a time by foreign and domestic enemies, should be vindicated. If we have not rushed to the field of battle like the nations who are led by the mad ambition of a single chief, or the avarice of a corrupted court, it has not proceeded from a fear of war, but from our love of justice and humanity. That proud spirit of liberty and independence which sustained our fathers in the successful assertion of their rights against foreign aggression is not yet sunk. The patriotic fire of the Revolution still burns in the American breast with a holy and unextinguishable flame, and will conduct this nation to those high destinies which are not less the reward of dignified moderation than of exalted valor.

But we have borne with injury until forbearance has ceased to be a virtue. The sovereignty and independence of these States, purchased and sanctified by the blood of our fathers, from whom we received them, not for ourselves only, but as the inheritance of our posterity, are deliberately and systematically violated. And the period has arrived, when, in the opinion of your committee, it is the sacred duty of Congress to call forth the patriotism and resources of the country. By the aid of these, and with the blessing of God, we confidently trust we shall be enabled to procure that redress which has been sought for by justice, by remonstrance, and forbearance, in vain.

Your committee, reserving for a future report those

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