ground, and sided with their enemies. What will be the consequence? Does any gentleman suppose that nearly a million of people will patiently starve when the seas around them are covered with our defenceless merchantmen, laden with provisions? No, sir, impossible. In addition then to the renegadoes that at present prey upon you there, you immediately bring upon your trade a whole nation of pirates. Those people are now content to stay at home to till their own fields, to fight their own battles, and to depend upon us for supplies. I do not wish to see their views extend further. I do not wish to see them navigating the ocean, or tasting the sweets of maritime plunder. Such things are much easier learned than forgotten; much more readily resorted to than given up; and I consider the general commerce and prosperity of the United States, but more especially the delicate situation of our Southern country, viewing its particular description of population, and convenience to them, as imposing upon us the strongest obligations to offer them no inducements to resort to either. Whatever intercourse takes place between us, I wish to be in their own ports, and will never do an act that shall have a tendency to bring to our shores such visitors, either as friends or as enemies; and I believe this is the true course to avoid the calamity which some gentlemen seem so much to apprehend, and which I should deprecate as sincerely as any man. SENATE. not been able to stop, nor have even the British yet assumed to theinselves this maritime right; but the gentleman from Pennsylvania, in his great good faith and abundant charity, will now anticipate their wishes, and do it for them. This, indeed, surpasses even Christian meekness; it is not only, when smitten upon one cheek, turning the other also, but chastening ourselves, with more than monkish severity, in the most vulnerable part. On motion, by one of the majority, to reconsider the fourth section, which restricts the operation of the law to one year, it passed in the negative. On motion, to agree to the final passage of the bill, it was determined in the affirmative-yeas 21, nays 8, as follows: YEAS-Messrs. Anderson, Baldwin, Bradley, Condit, Fenner, Gaillard, Gilman, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Sumter, Turner, Worthington, and Wright. NAYS-Messrs. Adams, Bayard, Hillhouse, Pickering, Plumer, Stone, Tracy, and White. So it was Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo." FRIDAY, February 21. The bill, entitled "An act to incorporate the Trustees of the Presbyterian Congregation of Georgetown," was read the second time and referred to Messrs. TRACY, MITCHILL, and SMITH of Maryland, to consider and report thereon. The Senate took into consideration the motion made yesterday, "that a committee be appointed to wait on the President of the United States, and present to him the two resolutions passed on the 13th and 14th instant," and agreed thereto; and Messrs. SMITH of Maryland and MITCHILL were appointed the committee. I rejoice that the President has expressed, in his late Message, a disposition to take into the protection of the Government the commerce of the United States, though little has yet been done, or attempted. This project of the gentleman from Pennsylvania I hope forms no part of the new system, and he would have acted wisely before he submitted it to have examined better its consequences, and to have looked for a moment at the present condition of our commerce. What is it? Plundered upon every coast and in every sea, your flag, instead of being a protection against insult, The Senate resumed, as in Committee of the seems to have become an invitation to injury. Whole, the bill for the protection and indemnifiThe British, the French, and the Spaniards, in cation of American seamen ; and the bill having the ratio of their force, treat us with like indig- been reported to the House without amendment, nities; this is the only point in which they can on motion, that the further consideration thereof agree. The former have adopted, and openly be postponed until the first Monday in December avow a system of measures that, if not counter-next, it passed in the negative-yeas 10, nays 19, acted, must go to deprive us of the most important of our neutral rights; while the two latter are anxiously rivalling each other in the most lawless and piratical depredations upon our defenceless trade; even the commissioned vessels of our Government have not been suffered to pass the high seas without insult and violence. The British and the French, whenever it suits their views, blockade our very ports; the British take their position off New York, so as to be convenient to the courts of Halifax; and our friends, the French, to whom the gentleman from Pennsylvania has told us we should be so particularly civil, take Occasionally into their holy keeping, the commerce of Charleston and New Orleans, so as to be at a convenient distance from the British. Our trade with St. Domingo, indeed, the French have as follows: YEAS-Messrs. Bradley, Condit, Gilman, Kitchel, Mitchill, Moore, Smith of New York, Smith of Ohio, Smith of Vermont, and Turner. NAYS-Messrs. Adair, Adams, Baldwin, Bayard, Fenner, Gaillard, Hillhouse, Howland, Logan, Maclay, Pickering, Plumer, Smith of Maryland, Stone, Sumter, Thruston, Tracy, Worthington, and Wright. Ordered, That this bill be referred to Messrs. SMITH of Maryland, WRIGHT, MACLAY, BAYARD, and TRACY, to consider and report thereon. The following motion was submitted for consideration: That a committee be appointed to consider and report what further measures are necessary to be adopted by Congress for the protection of American seamen, and have leave to report by bill or otherwise.” SENATE. Proceedings. FEBRUARY, 1806. The bill, entitled "An act declaring the con- The bill, entitled "An act relating to bonds sent of Congress to an act of the State of Penn- given by Marshals," was read the third time, and sylvania, entitled 'An act to empower the Board amended; and ordered that the bili, as amended, of Wardens for the part of Philadelphia to collect | lie for consideration. a certain duty on tonnage, for the purposes therein mentioned," was read the third time; and it was agreed that the further consideration of this bill be postponed until Monday next. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Philip Nicklin and Robert Eaglesfield Griffith," in which they desire the concurrence of the Senate. The bill last brought up for concurrence was read and ordered to the second reading. On motion that it be Resolved, That the PRESIDENT of the Senate and the SPEAKER of the House of Representatives be authorized to adjourn their respective Houses on Monday the 10th day of March next: Ordered, That this motion lie for consideration. The bill, entitled "An act relating to bonds given by marshals," was read the third time, and the further consideration thereof postponed until Monday next. The amendment of the House of Representatives to the bill, entitled "An act authorizing the sale of a tract of land in the town of Cincinnati and State of Ohio," was read and ordered to lie for consideration. On motion, "That the Senate now proceed to elect a committee of three members, to execute, jointly with a committee to be appointed by the House of Representatives, the purposes expressed in "the act for the further support of the library:" It was agreed that this motion lie for consideration. The bill, entitled "An act declaring the consent of Congress to an act of the State of Pennsylvania, entitled 'An act to empower the Board of Wardens for the port of Philadelphia, to collect a certain duty on tonnage for the purposes therein mentioned, was read the third time; and it was agreed that the second section thereof be struck out. Resolved, That this bill pass, as amended. Mr. THRUSTON presented the petition of John James Dufour, stating that he and his associates, some years since, purchased a certain lot of public land, for the cultivation of the vine; and praying that further time may be allowed them for payment of their instalments in arrear; and the petition was read and referred to Messrs. THRUSTON, TRACY, and BALDWIN, to consider and report thereon. Mr. SMITH of Maryland, from the committee to whom was referred the bill, entitled "An act for the relief of Philip Nicklin and Robert Eaglesfield Griffith, reported it without amendment. The Senate took into consideration the amend The Senate resumed, as in Committee of the Whole, the consideration of the amendment reported to the bill, entitled "An act extending the powers of the Surveyor General to the Territory of Louisiana, and for other purposes," and, hav-ment of the House of Representatives to the bill, ing disagreed thereto, and reported the bill without amendment, Ordered, That it pass to a third reading. MONDAY, February 24. The bill entitled "An act for the relief of Philip Nicklin and Robert Eaglesfield Griffith," was read the second time and referred to Messrs. SMITH, MACLAY, and BALDWIN to consider and report thereon. Mr. KITCHEL presented the petition of Samuel Mansfield and others, praying that that part of the district of Perth Amboy which is called the town of Jersey may be made a port of entry; and the petition was read. Ordered, That it be referred to the committee appointed on the 19th instant, who have under consideration the bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery, and for erecting a light-house on Wood Island, or Fletcher's Neck, in the State of Massachusetts;" to consider and report thereon. Agreeably to the order of the day the Senate took into consideration, as in Committee of the Whole, the bill, for classing the militia, and assigning to each class its particular duties; and the bill, having been further amended, was reported to the House accordingly. Ordered, That it pass to the third reading as amended. entitled "An act authorizing the sale of a tract of land in the town of Cincinnati, and State_of Ohio:" and concurred therein. The bill entitled "An act extending the powers of the Surveyor General to the Territory of third time, and after debate, the Senate adjourned. Louisiana, and for other purposes," was read the TUESDAY, February 25. Mr. WORTHINGTON, from the committee to whom was referred, on the 17th instant, the bill entitled "An act for the relief of the Governors, Judges, and Secretary, of the Indiana Territory," reported the bill with amendments; which were read and ordered to lie for consideration. The Senate took into consideration, as in Committee of the Whole, the bill to prevent the abuse of the privileges and immunities enjoyed by foreign Ministers within the United States. Ordered, That the further consideration thereof be the order of the day for Monday next.. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend an act, entitled 'An act concerning the library for the use of both Houses of Congress," in which they desire the concurrence of the Senate. The bill last brought up for concurrence was read, and ordered to the second reading. The Senate resumed the third reading of the bill, entitled "An act extending the powers of the Surveyor General to the Territory of Louisiana, 12 and for other purposes;" and on the question to agree to the final passage of this bill, it was determined in the affirmative-yeas 15, nays 11, as follows: YEAS-Messrs Anderson, Baldwin, Condit, Fenner, Howland, Kitchel, Maclay, Mitchill, Smith of New York, Smith of Tennessee, Stone, Sumter, Turner, and Worthington. NAYS-Messrs. Adair, Adams, Bayard, Bradley, Gilman, Hillhouse, Pickering, Plumer, Smith of Maryland, Smith of Vermont, and Wright. So it was Resolved, That this bill do pass. The bill for classing the militia and assigning to each class its particular duties, was read the third time; and on motion to amend this clause of the bill and be subject to the rules, regulations, and articles, provided for the government of the same," to read as follows: "And be subject to the rules to be provided for the government of the Militia:" it passed in the negative. On motion to agree to the final passage of the bill as amended, it passed in the negative-yeas 8, nays 19, as follows: YEAS-Messrs. Adair, Smith of Maryland, Smith of Ohio, Smith of Vermont, Thruston, Turner, Worthington, and Wright. NAYS-Messrs. Adams, Anderson, Baldwin, Bradley, Condit, Fenner, Gaillard, Gilman, Hillhouse, Kitchel, Logan, Maclay, Mitchill, Pickering, Plumer, Smith of New York, Smith of Tennessee, Stone, and Sumter. So the bill was lost. Mr. KITCHEL, from the committee to whom was referred, on the 19th instant, the bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery, and for erecting a light house on Wood Island or Fletcher's Neck. in the State of Massachusetts," reported the bill without amendment. The Senate resumed the motion made on the 24th instant, "that a committee be appointed jointly, with a committee to be appointed by the House of Representatives, for the purposes expressed in the act, entitled An act for the further support of the library," and the motion was adopted; and Ordered, That Messrs. MITCHILL, BALDWIN, and ADAMS, be the committee on their part. WEDNESDAY, February 26. The bill, entitled "An act to amend an act, entitled 'An act concerning the library for the use of both Houses of Congress," was read the second time, and referred to Messrs. ANDERSON, BALDWIN, and MITCHILL, to consider and report thereon. SENATE. Ordered, That it pass to the third reading as amended. Mr. LOGAN, from the committee to whom was referred, on the 3d instant, the bill for the punishment of counterfeiting the current coin of the United States, and for other purposes, reported the bill without amendment. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act for the relief of Philip Nicklin and Robert Eaglesfield Griffith." And on the question, Shall this bill pass to the third reading? it was determined in the negative. So the bill was lost. A message from the House of Representatives informed the Senate that the House agree to the amendments of the Senate to the bill, entitled "An act for altering the time for holding the circuit court in the district of North Carolina," with an amendment, in which they desire the concurrence of the Senate. They have passed a bill, entitled "An act enabling the President of the United States to make restitution to the Government of Denmark for the capture and condemnation of the Danish brigantine, called the Henrick, and her cargo;" in which they desire the concurrence of the Senate. The bill last mentioned was read, and ordered to the second reading. The Senate took into consideration the amendment of the House of Representatives to the amendments of the bill, entitled "An act for alterering the time for holding the circuit court in the district of North Carolina," and agreed thereto. Mr. MITCHILL, from the committee appointed on the subject, submitted to the consideration of the Senate, a report on those parts of the memorials from the merchants of New York, and the Chamber of Commerce in New Haven, which relate to providing a further naval armament for the public defence, as follows: "In addition to the strong reasons urged in those two memorials, the committee refer to the President's Message of the third day of December last, informing Congress that considerable provision had been made under former authorities, of materials for constructing ships of war, that these were on hand, and subject to the will of the Legislature; and to two communica16th and 21st, 1805, giving information that large suptions from the Secretary of the Navy, dated December plies of timber, cannon, copper, and other valuable materials for that object, had been already bought and paid for. "Calculating the moderate appropriation which will be required to augment, to a very respectable degree, the naval force of the nation; contemplating the insults coasts, and at the very mouths of our most frequented and depredations, committed by foreigners near our harbors; and estimating the protection and security to the territory of the nation, and to the persons and propThe Senate took into consideration, as in Com-erty of its citizens, by an enlargement of the means of mittee of the Whole, the amendments reported by the special committee to the bill, entitled "An act for the relief of the Governor, Judges, and Secretary, of the Indiana Territory ;" and the amendments having been amended, were adopted, and the bill was reported to the House accordingly. maritime defence, the committee recommend an adoption of the following resolution, to wit: "That it is expedient to make provision by law for the appropriation of any balance which may remain unexpended of the Mediterranean fund, to the purpose of building ships-of-the-line, under the direction of the SENATE. Proceedings. FEBRUARY, 1806. President of the United States, agreeably to the pro- to whom was referred, on the 31st of January last, visions of the act of February 25, 1799." Ordered, That it lie for consideration. The Senate resumed the consideration of the amendments to the bill, entitled "An act relating to bonds given by marshals;" and the amendments were adopted; and the bill having been further amended, its further consideration was postponed. THURSDAY, February 27. The PRESIDENT communicated the report of the Commissioners for the district east of Pearl river, of the British grants of lands lying in that district, in conformity with the 7th section of the "Act regulating the grants of land and providing for the disposal of the lands of the United States south of the State of Tennessee;" and the report was read, and ordered to lie for consideration. The bill, entitled "An act enabling the President of the United States to make restitution to the Government of Denmark for the capture and condemnation of the Danish brigantine, called the Henrick, and her cargo," was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and MITCHILL, to consider and report thereon. The Senate resumed, as in Committee of the Whole, the bill for the punishment of counterfeiting the current coin of the United States, and for other purposes; and on motion to strike out the fourth section of the bill, as follows: "SEC. 4. And be it further enacted, That if any person shall falsely make any kind of gold or silver coins counterfeit to, or intended to resemble foreign gold or silver coins, which shall not by law be made current money within the United States, with an intent to utter or make payment with the same, by merchandising or otherwise; or who shall utter any foreign coins of gold or silver, counterfeit to, or intended to resemble the foreign gold or silver coins aforesaid, knowing the same to be counterfeit; every such person shall be deemed guilty of a high misdemeanor, and upon conviction thereof, according to due course of law, shall forfeit and pay dollars, one moiety thereof to the use of the United States, and the other moiety to the use of the person or persons who shall sue for the same; and, moreover, shall be imprisoned not exceeding years." It passed in the affirmative-yeas 17, nays 11, as follows: YEAS-Messrs. Adams, Anderson, Baldwin, Condit, Fenner, Gilman, Howland, Kitchel, Mitchill, Moore, Pickering, Smith of Maryland, Smith of New York, Smith of Tennessee, Thruston, White, and Wright. NAYS-Messrs. Bayard, Bradley, Hillhouse, Logan, Maclay, Plumer, Smith of Vermont, Stone, Sumter, Turner, and Worthington. And the bill having been reported to the House, it was ordered to the third reading, as amended. Mr. SUMTER, from the committee to whom was referred, on the 13th of January last, the bill, entitled "An act for establishing rules and articles for the government of the armies of the United States," reported amendments thereto; which were read, and ordered to lie for consideration. Mr. SMITH, of Maryland, from the committee the bill for the protection and indemnification of American seamen, reported it with amendments; which were read, and ordered to lie for consideration. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled “An act to continue in force an act, entitled 'An act to authorize the Secretary of War to issue land warrants, and for other purposes;" also a bill, entitled "An act for the relief of Peter rence of the Senate. Landais;" in which bills they desire the concur The two bills last brought up for concurrence were read, and ordered to the second reading. The following motion was submitted for consideration: the United States, with the amendments which have Besolved, That copies of the Constitution of Senate. been made thereto, be printed for the use of the FRIDAY, February 28. day next, move for leave to bring in a bill to inMr. LOGAN gave notice that he should, on Moncorporate a National Academy. Mr. GAILLARD, from the committee to whom was referred, on the 11th instant, the bill, entitled "An act declaring the consent of Congress to an act of the State of South Carolina, passed on the twenty-first day of December, in the year one thousand eight hundred and four, so far as the same relates to authorizing the City Council of Charleston to impose and collect a duty on tonnage of vessels from foreign ports," reported the bill without amendment. The bill, entitled "An act for the relief of Peter Landais," was read the second time, and referred to Messrs. MITCHILL, SMITH of Maryland, and BALDWIN, to consider and report thereon. On motion, it was agreed that the report of the select committee recommending additional fortifications, and other means of defence, for the city and harbor of New York, for Charleston, and other places, be made the order of the day for Monday next. The bill, entitled "An act to continue in force an act, entitled 'An act to authorize the Secretary of War to issue land warrants, and for other purposes," was read the second time, and referred to Messrs. WORTHINGTON, KITCHEL, and BALDWIN, to consider and report thereon. The bill for the punishment of counterfeiting the current coin of the United States, and for other purposes," was read the third time, and the further consideration of the bill postponed. The Senate resumed the second reading of the bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery; and for erecting a light-house on Wood Island, or Fletcher's Neck, in the State of Massachusetts." Ordered, That this bill pass to a third reading. The Senate proceeded to consider, as in Committee of the Whole, the amendments reported by the select committee to the bill for the protection and indemnification of American seamen; and, having progressed therein so far as to strike out all the original bill except the enacting clause, and having disagreed to the first section reported by the special committee as a substitute, Ordered, That the bill, together with the remaining part of the amendments reported, be recommitted to Messrs BAYARD, SMITH of Maryland, BALDWIN, ADAMS, BRADLEY, MITCHILL, and PICKERING, further to consider and report thereon. MONDAY, March 3. Mr. BRADLEY, from the committee to whom was referred, on the 11th of February last, a bill, entitled "An act declaring the assent of Congress to an act of the General Assembly of the State of North Carolina, together with certain resolutions submitted the 19th day of December last, reported, in part, "A bill to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described; and to settle claims on the vacant and unappropriated lands within the same;" and the bill was read, and ordered to the second reading. A message from the House of Representatives informed the Senate that the House agree to the amendments of the Senate to the bill, entitled "An act to extend jurisdiction in certain cases to State judges and State courts;" with amendments; in which they desire the concurrence of the Senate. The Senate proceeded to consider the amendments to the amendments on the bill last mentioned; and they were referred to Messrs. BALDWIN, MITCHILL, and TRACY, to consider and report thereon. Ordered, That the bill, entitled "An act prohibiting for a limited time the exportation of arms and ammunition from the United States and the territories thereof," be the order of the day for Monday next. The bill, entitled "An act relating to bonds given by marshals," was read the third time as amended, and passed. PRIVILEGES OF FOREIGN MINISTERS. The Senate resumed, as in Committee of the Whole, the amendment reported by the select committee to the bill to prevent the abuse of the privileges and immunities enjoyed by foreign Ministers within the United States. Mr. ADAMS.-There are two points of view, Mr. President, in which it appears to me to be important that the provisions of this bill should be considered the one as they relate to the laws of nations, and the other as they regard the Constitution of the United States. From both these sources have arisen inducements combining to produce conviction upon my mind of the propriety, and indeed the necessity, of some measure similar in principle to that which I have had the honor to propose. I shall take the liberty to state them in their turns, endeavoring to keep them as distinct from each other as the great and obvious difference of their character requires, and that their combination on this occasion may appear in the SENATE. striking light which may render it the most effectual. By the laws of nations, a foreign Minister is entitled, not barely to the general security and protection which the laws of every civilized people extend to the subjects of other nations residing among them. He is indulged with many privileges of a high and uncommon nature-with many exemptions from the operation of the laws of the country where he resides, and, among others, with a general exemption from the jurisdiction of the judicial courts, both civil and criminal. This immunity is, in respect to the criminal jurisdiction, without limitation; and an Ambassador, though guilty of the most aggravated crimes of which the heart of man can conceive or his hand commit, cannot be punished for them by the tribunals of the Sovereign with whom he resides. Should he conspire the destruction of the constitution or government of the State, no jury of his peers can there convict him of treason. Should he point the dagger of assasination to the heart of a citizen, he cannot be put to plead for the crime of murder. In these respects he is considered as the subject, not of the State to which he is sent, but of the State which sent him, and the only punishment which can be inflicted on his crimes is left to the justice of his master. In a republican Government, like that under which we have the happiness to live, this exemption is not enjoyed by any individual of the nation itself, however exalted in rank or station. It is our pride and glory, that all are equal in the eyes of the law; that, however adorned with dignity, or armed with power, no man owing allegiance to the Majesty of the nation can screen himself from the vindictive arm of her justice; yet, even the nations whose internal constitutions are founded upon this virtuous and honorable principle of equal and universal rights, have, like all the rest, submitted to this great and extraordinary exception. In order to account for so singular a deviation from principles in every other respect deemed of the highest moment and of the most universal application, we must inquire into the reasons which have induced all the nations of the civilized world to this broad departure from the fundamental maxims of their government. The most eminent writers on the laws of nations have at different times assigned various reasons for this phenomenon in politics and morals. It has sometimes been said to rest upon fictions of law. The reasoning has been thus: every Sovereign Prince is independent of all others, and as such cannot, even when personally within the territories of another, be amenable to his jurisdiction. An Ambassador represents the person of his master, and therefore must enjoy the same immunities. But this reasoning cannot be satisfactory; for, in the first place, a foreign Minister does not necessarily represent the person of his master-he represents him only in his affairs; and besides representing him he has a personal existence of his own, altogether distinct from his representative character, and for which, on the principles of common sense, he ought, like every other individ |