Imagens das páginas
PDF
ePub

H. OF R

Public Roads-General Eaton.

States the sovereignty of Louisiana; that bills, in satisfaction of these claims, were daily presented for payment at the Treasury; but that, on the 31st of this month, the appropriation would cease, when the sum remaining unexpended would be carried to the credit of the surplus fund. The Committee of Ways and Means had received a letter, representing the circumstances, from the Secretary of the Treasury, which had induced them to come to a resolution to ask leave to present a bill on the subject.

Leave having been granted

Mr. J. RANDOLPH made a report, consisting of a letter from the Secretary of the Treasury, representing the facts stated by him, and a bill, "supplementary to the act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic.

The bill provides that the balance of the $3,750,000 remaining unexpended on the 31st of December next shall not be carried to the surplus fund, but shall continue applicable to the satisfaction of the claims until they shall be satisfied.-Referred to the Committee of the Whole on Monday

next.

THURSDAY, December 12.

Another member, to wit: JOHN HAMILTON, from Pennsylvania, appeared, produced his credentials, was qualified, and took his seat in the House.

BENJAMIN PARKE having also appeared as a Delegate from the Indiana Territory of the United States, the said oath was administered to him by the SPEAKER, and he took his seat in the House accordingly.

An engrossed bill prohibiting, for a limited time, the exportation of arms and ammunition from the United States, was read the third time, and passed.

Mr. VARNUM, from the committee appointed on the second instant, to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House, made a report thereon; which was read, and committed to a Committee of the whole House on Monday next.

The Speaker laid before the House a letter, in the German language, addressed to him, accompanied with two printed books in the same language. Referred to Messrs. CONRAD, BEDINGER,

and SAMMONS.

On the motion of Mr. NEWTON, the House came to the following resolution:

Resolved, That the Committee of Commerce and Manufactures be instructed to take into consideration the case of the brig George, detained in the port of Norfolk, with one thousand two hundred demijohns of brandy on board, and to report thereon by bill or otherwise.

Mr. NEWTON, previous to the adoption of this resolution, explained the peculiar circumstances

DECEMBER, 1805.

of the case, arising from the recent British orders relative to the trade of neutrals.

Mr. J. C. SMITH, from the Committee of Claims, instructed to inquire what further steps are proper to remunerate meritorious officers, &c., reported a bill in addition to an act to make provision for persons disabled by known wounds received in the Revolutionary war; which was read twice, and referred to the Committee of the Whole.

[This bill provides that the provisions of the act of the 3d of March, 1803, shall be construed to extend to all persons who received actual wounds in the Revolutionary war, whether as volunteers or militia, and that they shall be placed on the pension list, though they may have resigned, or have been discharged, or have been in captivity. at the termination of the war; and to those who, having during the war received wounds, have since become disabled thereby; authorizes the allowance of increased pensions, in cases of such disability, by the Secretary of War, on the certificate of two physicians, provided that such augmentation does not exceed a full pension; and prescribes a full pension to a commissioned officer shall be half the amount of his monthly pay, to a non-commissioned officer or private five dollars per month.and that no pension shall exceed the half pay of a lieutenant colonel.]

On motion of Mr. FISK, the House came to a resolution instructing the Committee of Claims to inquire whether any further compensation ought to be allowed to any of the collectors of the direct tax for services by them performed, and whether any compensation ought to be made them for moneys actually paid, in the prosecution of the respective duties of their office, beyond the sums allowed by law.

PUBLIC ROADS.

Mr. JACKSON called the attention of the House to a subject before Congress at their last session, relative to the application of a certain part of the net proceeds of lands of the United States within Ohio, to the making roads, to revive which, he offered the following resolution :

Resolved, That a committee be appointed to prepare and bring in a bill making provision for the application of the money heretofore appropriated to laying out and making certain public roads.

Mr VARNUM suggested the propriety of making the reference more general, and moved the substitution of the words "to inquire into the expediency of," in the room of those in italic.

Mr. JACKSON could not accede to this amend

ment, as the plighted faith of the nation was pledged to the application he had stated. He would have no objection to enlarging the powers of the committee so as to enable them to inquire into the expediency of applying additional sums to the same object.

Mr. VARNUM's amendment having prevailedayes 60, the resolution, thus amended, passed.

GENERAL EATON.

On the motion of Mr. BIDWELL, the House resolved itself into a Committee of the Whole on

DECEMBER, 1805.

General Eaton.

H. OF R.

the resolution offered yesterday relative to Wil- It has. however, always been deemed policy, and liam Eaton.

The Chairman read the resolution as follows: "Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress understood that our brave countryman commandassembled, That the President of the United States be requested to present a sword, in the name of Congress, to William Eaton, Esq., as a testimony of the high sense entertained of his gallantry and good conduct in leading a small band of our countrymen and others through the desert of Lybia, on an expedition against Tripoli, in conjunction with the ex-Bashaw of that Regency; defeating the Tripolitan army at Derne, with the assistance of a small part of the naval force of the United States, and contributing thereby to a successful termination of the war, and the restoration of our captive fellow-citizens to liberty and their country."

Mr. BIDWELL moved to amend the resolution by striking out the word "sword," and by inserting in lieu thereof the words "a medal of gold, with proper devices."

Mr. J. CLAY wished the gentleman from Massachusetts would let the word "sword" stand in the resolution. It was only on extraordinary occasions, he believed, that a medal was awarded. He was very willing to vote for presenting a sword on this occasion; but, if a medal was insisted upon, he should be compelled to vote against the resolution.

Mr. ELLIOT requested that the resolution passed at the last session, relative to Commodore Preble, and the officers and marines under his command, might be read.

The resolution was accordingly read, which ordered a medal to be struck, and a sword to be given to each of the officers.

Mr. E. said, that the objection of the gentleman from Pennsylvania (Mr. J. CLAY) to the amendment offered by the gentleman from Massachusetts, (Mr. BIDWELL,) substituting a gold medal in the room of a sword, appeared to be founded on the idea that a medal would be a meed disproportioned to the importance of the services, or the official rank of the gentleman who was the object of the resolution; in other words, that it would be too great a reward. I did not, said Mr. E., anticipate the objection from any quarter of the House, and regret extremely that it has arisen. From the peculiar character with which the gentleman who is intended to be honored by the resolution, was invested by the Government, it be

even duty in free governments, to distinguish by national honors those citizens who have performed important national services. It is perfectly ed, in conjunction with the ex Bashaw of Tripoli, a force sufficiently respectable to be considered as an army, and of course that the popular appellation of General Eaton had been conferred upon good grounds. In that strong point of view in which the subject will be seen by liberal minds, inadequacy of force and means, compared with the greatness of the object and the event, will give greater honor to the achieving of the enterprise. If we act at all, we ought to bestow a mark of distinction suitable for a general officer, or an officer of distinguished rank, to accept. Shall we refuse a medal, the appropriate reward of the brave Preble, and offer a sword, which was given to the subordinate naval officers, when the services of Preble, however meritorious, and greatly meritorious they were, failed of effecting the object which the world believes that Eaton has accomplished? By the modern notions of martial etiquette and honor, a sword is the appropriate token of distinction and reward for officers of subordinate rank. It is believed that a simple and concise vote of thanks, by the Representatives of a free people, is the noblest meed of exalted merit and patriotism.

An army, composed in part of Americans, but chiefly of the descendants of the ancient Grecians, Egyptians, and Arabians; in other words, an army collected from the four quarters of the globe, and led by an American commander to conquest and glory, is a phenomenon in military history calculated to attract the attention of the world, not only by its novelty, but by its real influence and consequence. It ought to be considered, too, that this army, notwithstanding the singularity of its organization and character, and the smallness of its numbers and its means, acted in a cause which might be thought to affect, at least in some remote degree, the general interest of mankind. Since the destruction of Cato, and his little senate at Utica, the banner of freedom had never waved in that desert and barbarous quarter of the globe; and be who carried it so nobly, in the language of the resolution, through the desert of Lybia, and placed it so triumphantly upon the African shore of the Mediterranean, deserves to

comes a point of no small delicacy, and even of be honorably distinguished by that country and some difficulty, to debate the question at all. that Government, to which the enterprise has We are, indeed, told in the President's Mes- added lustre. I repeat it, Mr. Chairman, we can sage, that the important services of our gallant do nothing in which we are not anticipated by

was

countryman undoubtedly contributed to the impression which produced peace with Tripoli. It proper for the Pres President to say this, and to say no more; but, in order to enable us to pay a proper tribute on our part to merit so conspicuous, it becomes necessary to avail ourselves of information derived from unofficial sources. everything which we can do upon this subject, we are anticipated by the loud voice of fame, and this consideration has induced me sometimes to doubt the propriety of doing anything whatever.

In

fame. Fame has already devoted to the name which we are laboring to celebrate, the monumentum aere perennius, the imperishable column of glory, which is the just reward of patriots only, and which impartial history denies to the mere conquerors and robbers of mankind.

Mr. SMILIE remarked, that it added to the value of an honor conferred, to have it bestowed by an unanimous vote. It was not, however, his purpose to trouble the House with a speech. He should confine himself to making one or two re

[blocks in formation]

marks. He considered it correct that honors conferred should be apportioned to merit. It was not so important whether the man, on whom they were bestowed, was the commander of an army, or whether he filled an inferior station. What ever his station might be, he who conducted him self well in the service of his country, was entitled to her thanks. Mr. S. said he would next examine the advantages which the services of Mr. Eaton had gained to his country, and see whether they were equal to those which we had derived from the services of other great men. From his impression, he thought they had been highly advantageous, and equally so with those rendered by Commodore Preble and his brave associates, whose conduct he highly approved. He believed that the expedition of Mr. Eaton had greatly contributed to a peace; and if this were so. he did not know a more essential service he could have rendered. For these reasons he was in favor of awarding a medal in preference to a sword.

Mr. QUINCY hoped the House would bestow a medal instead of a sword. He would say that, on such an occasion, a medal was more proper than a sword. When the resolution was offered, he had a solid objection to it, which had, in some measure, been removed by the proposed amendment. A sword was not an appropriate reward for the service rendered on this occasion. It was a reward for valor, and mere valor. In this case he considered the valor displayed as a very small part of the distinction of Mr. Eaton. He wished that the motion had been submitted to a select committee, that not only the nature of the compliment, but likewise the form of the expression, might have been better adapted to what he conceived to be the character of the service rendered. He did not think the circumstances stated in the resolution were those which were the most appropriate. He did not consider the leading a small band through the desert of Lybia, the defeating the Tripolitan army at Derne, the contributing to a peace, and the liberation of our countrymen as characteristic of the services rendered. The peculiar character of those services was this: that Mr. Eaton, being a private citizen, and called upon by no official station or duty. had the greatness of mind to plan a scheme by which the dethronement of an usurper, the restoration of the lawful heir, and the release of ou rcaptive countrymen, were to have been effected. A conception of this kind belonged only to great and superior minds; and what was sufficient to fill the minds of most men, the machinery for effecting this plan, was to him but of a secondary nature. He believed it would be for the reputation of the United States to give some select and appropriate reward, such as a man like Eaton ought to receive, and such as it would be to the honor of our country to give.

The question was then taken on Mr. BIDWELL'S amendment, which was carried by a considerable majority.

Mr. JACKSON said, he entertained a high sense of the extraordinary merit of the officer who was the object of the resolution under consideration,

DECEMBER, 1805.

and was of opinion that the House should express their highest sentiment of approbation. To do this, he thought the phraseology of the resolution ought to be changed in conformity to the ideas of the gentleman from Massachusetts. He would, therefore, with this view, move that the Committee should rise, with the intention of moving in the House the reference of the resolution to a select committee for such alteration.

The question was taken on the rising of the Committee-yeas 52, nays 54.

Mr. QUINCY suggested the propriety of substituting Barca in the rom of Lybia, as the latter was an antiquated word, not to be found in modern maps.

Mr. BIDWELL observed, that he was not tenacious of the particular form of the expression. If that suggested by his colleague was deemed most correct, he had no objection to it. He would, however, remark that the word Lybia was taken from an expression used by Mr. Eaton in one of his letters. It was certainly a word used in modern times, although it might not be in general use.

As to the general question, Mr. B. hoped that, as some gentlemen thought the resolution went too far, while others thought it did not go far enough, and, as the general sentiment was, that something ought to be done by the House, it would be considered that a middle course between the two extremes was the fittest, and that there would be sufficient mgoanimity to give a unanimous vote in favor of the resolution. For himself he was willing to have it varied so as to make it conform to the general sense of the Committee, for the purpose of insuring unanimity.

Mr. QUINCY said he was not particularly tenacious of the form of expression used. He had only risen to state his knowledge as far as it went. Lybia was a word in use among classical men, among poets, but not among men of business.

The question was put on substituting Barca in the room of Lybia, and passed in the negative by a considerable majority. The resolution, as amended, was then agreed to without a division.

The Committee rose and reported it to the House, who immediately took it into consideration. The amendment for substituting "a gold medal with proper devices." in the room of "a sword," being under consideration,

Mr. J. CLAY said, as the Committee of the Whole had reported their agreement to the amendment, and as a desire had been expressed that there might be an unanimous vote on the occasion, he wished more information on the subject than he possessed before he could act upon it. After having obtained this he might very probably vote for the amendment. He, therefore, moved a reference of the resolution to a select committee, who might obtain the information required from the Secretary of the Navy.

Mr. JACKSON observed, that the names of other gentlemen, who were before the walls of Derne, had been announced in the newspap rs, as having assisted in the achievements that were the object of the resolution under consideration. It was not improper to inquire whether they ought to be as

DECEMBER, 1805.

the

Theodorick Armistead.

sociated in the honors awarded by Congress. To insure, therefore, unanimity, and bestow proper praise, he hoped course pointed out by the gentleman from Pennsylvania would be pursued. The motion to refer the resolution to a select committee was carri d-yeas 69; and Messrs. BIDWELL, J. CLAY, THOMPSON, of New Hampshire, MASTERS, GRAY, ARCHER, and CASEY, were appointed a committee.

FRIDAY, December 13.

Two other members, to wit: from Delaware, JAMES M. BROOM. and from Kentucky, JOHN FOWLER, appeared, produced their credentials, were qualified, and took their seats in the House.

Mr. THOMAS. from the committee appointed on the tenth instant, presented a bill supplementary to the act, entitled "An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia;" which was read twice and committed to a Coinmittee of the whole House on Monday next.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting a report and estimates of appropriation necessary for the service of the year 1806; also, a statement of the receipts, and expenditures at the Treasury of the United States, for one year preceding the first day of October. 1805, which were read, and referred to the Committee of Ways and Means.

On motion of Mr. DAWSON. the Message of the President relative to the brigantine Henrick, together with the report of the Committee of Claims thereon, made at a former session, were referred to the Committee of the Whole on Wednesday

next.

The House went into an election for a Chaplain in the room of Mr. GLENDY.

nominated.

Messrs. Chalmers, Laurie, and Rattoon, were The ballots having been taken, the Speaker declared Mr. LAURIE elected, he having 62 votes.

THEODORICK ARMISTEAD.

Mr. CROWNINSHIELD, from the Committee of Commerce and Manufactures, to whom was yesterday referred the petition relative to a vesel at Norfolk, reported a bill for the relief of Theodo rick Armistead, which was referred to a Committee of the Whole to-day.

The bill authorizes the Collector at Norfolk to admit to entry 1200 demijohns of brandy imported by T. Armistead, in the brig George, from the island of Teneriffe.

The House went immediately into Committee of the Whole.

Mr. NEWTON fully explained the peculiar circumstances of this case, and called for the read ing of the documents relative to it; from which it appeared that some time since the owner of the brig George hired her to go to Teneriffe, where he took a cargo for the Havana; hearing subsequently of the late British orders, he thought it prudent to return to Norfolk, where he now lies; but owing to the revenue laws of the United

H. or R.

States he is prohibited from entering brandy in quantities as small as those contained in the demijohns. He, therefore, asks permission to land these articles on paying the usual duties.

Mr. MACON (the Speaker) expressed his opinion of the incorrectness of the course pursued on this occasion, on which the Committee of Commerce and Manufactures, contrary to the usual practice of the House, had reported a bill without assigning their reasons in an accompanying report. He wished that such a report might be made, and that it might stand as a precedent, in case other applications should be made, to show the peculiar grounds on which the House acted. It was further his wish that there had been a bill embracing the general principle involved in this case, in preference to one making a special provision. That a detailed report might be made, he moved that the Committee should rise, in order to make way for a motion to recommit the bill to the Committee of Commerce and Manufactures.

Mr. NEWTON opposed this motion. He represented the case as extremely hard; that the facts were all before the House and were indisputable; that the vessel had been detained since October; that nothing was asked but what was perfect y fair; that the necessity of making the request arose from orders recently issued by a King who, though he could do no wrong to his own subjects, practised great injuries on American citizens. With regard to the general principle, a diversity of opinion, he said, existed in the Committee of Commerce and Manufactures, and to wait until this should be decided might involve great and injurious delay. As to one suggestion of the honorable Speaker, it would be easily obviated by the documents then in the possession of the House, remaining on file, which would clearly discriminate this case from all others which might hereafter come before them.

Mr. J. CLAY allowed that this was a hard case, but doubted much whether it was sound policy in the Government to recognise a high insurance, which was demanded in this instance on the exportation of the brandies, as sufficient ground for allowing them to be lauded, in contravention of a principle of the revenue system. He remarked that this case did not arise from any fault of the American Government, but from the aggressions committed on our rights by a Government who made their own interests the rule of their conduct towards other nations. He concluded by concurring with the Speaker in the course recommended by him.

Mr. CROWNINSHIELD hoped the Committee would not rise. The prayer of the petitioner was very reasonable. All he asked was to land his goods on paying the legal duties on them. He passed over the ground taken by Mr. NEWTON, and added that if the owner of the goods were driven, by a denial of the indulgence he asked, to export his goods, they might be seized under the plundering order of His Britannic Majesty, and both goods and duties be lost.

Mr. C. said that in the Committee of Commerce and Manufactures he had been in favor of

[blocks in formation]

reporting a bill for making a general provision; but that having been overruled in this point, the members of the committee not having made up their minds on its propriety, it became his duty to make a special report, in which he heartily concurred. He could not conceive why the entry of brandy and several other articles should be refused, unless imported in vessels of a particular size, while other articles of greater value in proportion to their bulk were admitted without restriction.

On the rising of the committee a division took place-yeas 56, nays 47.

The Committee rose, reported that they had made progress, and asked leave to sit again.

Leave being denied, on the motion of Mr. J. CLAY the bill was recommitted to the Commit

tee of Commerce and Manufactures.

MONDAY, December 16.

Two other members, to wit: from South Carolina, O'BRIEN SMITH, and from New York, GEORGE CLINTON, junior, appeared, produced their credentials, were qualified and took their seats in the House.

Ordered, That the act passed by the Legislature of the State of South Carolina, on the twentyfirst of December, one thousand eight hundred and four, entitled "An act to authorize the City Council of Charleston, with the consent of Congress, to impose and levy a duty on the tonnage of ships and vessels, for the purpose therein mentioned," presented to this House on the eighth of February last, with the documents accompanying the same, be referred to Mr. MARION, Mr. TRACY. Mr. SMITH, of Virginia, Mr. BROOM, and Mr. Cook; to examine and report their opinion thereupon to the House.

On motion, it was

DECEMBER, 1805.

Mr. ALSTON moved to strike out the following words in one of the rules:

"It shall be the duty of the Committee of Accounts to audit the accounts of the members for their travel to and from the seat of Government, and their attendance in the House."

This amendment was supported by Messrs. ALSTON and DAWSON, under the impression that this new mode of settling the accounts of the members would be extremely inconvenient, if not impracticable.

It was opposed by Messrs. J. CLAY, FINDLEY, VARNUM, ELMER, and BIDWELL, who stated that, under the former practice of the House, which devolved the duty on the Speaker and Sergeantat-Arms, errors had been committed; that these would in future be best avoided by a standing committee; that this would relieve the Speaker and Sergeant-at-Arms from a burden at the close of the session, when other presing business necessarily engaged their attention, and would guard the reputations of members from insinuations to their discredit.

Cha

During the discussion, the SPEAKER, without expressing any opinion on the prospect of the amendment, made a minute statement of the practice which had heretofore prevailed on this point, in which he observed that but one instance within his knowledge had occurred since he had filled the Chair, of a greater compensation for his attendance than he was entitled to; and that this circumstance must have arisen from accident, as it involved his receiving pay for one day more than the length of the session-an error which was immediately after the hurry of business detected. He further stated, that with respect to the mileage account, that was entirely made out in conformity to the representation of the members.

member who had received a

Mr. ALSTON's amendment was disagreed toyeas 33.

Mr. J. CLAY moved to strike out the words in italic in the following rule:

Resolved, That a committee be appointed to inquire into the expediency of so far amending the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabılities, accrued in certain cases therein mentioned," "When a question is under debate, no motion shall as to extend the powers vested in the District be received, unless for the previous question, to postJudges of the United States to the Judges of the pone it indefinitely, to postpone it to a day certain, to Judicial Courts of the several States; and that the said committee be authorized to report thereon by bill, or otherwise.

Ordered, That Mr. SAILLY, Mr. PITKIN. Mr. BARD. Mr. MORROW of Virginia, and Mr. FowLER, be appointed a committee pursuant to the said resolution.

Mr. CROWNINSHIELD, from the Committee of Commerce and Manufactures, to whom was recommitted, on the thirteenth instant, the bill for the relief of Theodorick Armistead, made a report thereon: Whereupon,

Ordered, That the said report, together with the bill, be committed to a Committee of the Whole to-morrow.

RULES OF THE HOUSE.

On motion of Mr. VARNUM, the House went into a Committee of the Whole on the Standing Rules of the House.

lie on the table, to commit it, to amend it, or to ad

journ."

Mr. NICHOLSON supported and Mr. VARNUM opposed this motion, which was disagreed toyeas 44, nays 51.

Mr. SMILIE Moved an amendment, prescribing that if the previous question shall be decided in the negative, "the consideration of the main question shall not be resumed during the same session."

Messrs. SMILIE, FINDLEY, and J. CLAY, spoke in favor of, and Messrs. VARNUM and QUINCY against, the amendment, which was disagreed to-ayes 32.

On the motion of Mr. NICHOLSON, the following new rule was adopted-yeas 32:

"When a question is postponed indefinitely, the same shall not be acted upon during the session.'

Mr. SMILIE moved to strike out the words in italic in the following rule: "On a previous ques

« AnteriorContinuar »