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PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE THIRTEENTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, MONDAY, MAY 24, 1813.

PRESENT.

MONDAY, May 24, 1813.

March last, respectively, produced their credenConformably to the act passed the 27th of Feb- tials; which were read; and the oath prescribed ruary last, entitled "An act to alter the time for by law was administered to them, and they took

their seats in the Senate. the next meeting of Congress,” the Senate assembled in their Chamber at the Capitol.

The oath was also administered to Jonn GailLARD, and Abner Lacock, their credentials har

ing been read and filed during lhe last session. Nicholas Gilman, from New Hampshire.

ADDRESS OF THE VICE PRESIDENT. Joseph B. VARNUM, from Massachusetts. SAMUEL W. Dana, from Connecticut.

The Vice PRESIDENT exhibited a certificate of William HUNTER, and JEREMIAH B. Howell, his having taken the oath of office prescribed by from Rhode Island.

law; which was read; and he addressed the JONATHAN ROBINSON, from Vermont.

Senate as follows: John LAMBERT, from New Jersey.

Gentlemen of the Senate : MICHAEL LEIB, from Pennsylvania.

Our fellow-citizens, in the free exercise of their ConOUTERBRIDGE HORSEY, from Delaware. stitutional authority, having been pleased to honor the James TURNER, from North Carolina.

person addressing you, with this distinguished station, John TAYLOR, from South Carolina.

have inferred from him an indispensable obligation to Joseph ANDERSON, and GEORGE W. Campbell, meet their just expectations. To attain this desirable from Tennessee.

object, and to preside over this honorable body in conTHOMAS WORTHINGTON, from Ohio.

formity to their magnanimity and dignity, which at all James Brown, from Louisiana.

times have been conspicuous, will be his primary pur. Jesse Bledsoe, appointed a Senator by the suit. Whilst the Constitution has invested him with Legislature of the State of Kentucky, for the term Legislative and Executive powers, in cases only that of six years, commencing on the fourth day of great responsibility; in anticipating which, and his

are casual, to the decisions of these, it has attached a March last; William B. Bullock, appointed a

other duties, he has the pleasing prospect of reposing Senator by the Executive of the State of Georgia, on your liberality and candor. But if, in this high and in place of William H. Crawford, resigned; influential branch of the Government, such unanimity Dudley Chace, appointed a Senator by the Le should prevail, as to decide for themselves every quesgislature of the State of Vermont, for the term of tion of policy, the example will still increase their six years, commencing on the fourth day of lustre, and add to his happiness. March last; CHARLES Corts, appointed a Šen- It is a subject of cordial congratulation, that the libator by the Executive of the State of New Hamp- erties of the people, in so great a degree, rest on that shire, to fill the vacancy in the representation in wisdom and fortitude which mark the characters of the the Senate from that state, during the present exalted personage who fills the Supreme Executive, of recess of the Legislature of the said State ; David the dignified members who constitute the National LeDAGGETT, appointed a Senator by the Legislature gislature, and of the eminent officers who direct the of the State of Connecticut, in place of Chauncey few Governments, need no encomiums. Fidelity and

Ministerial departments—public virtues, emulated by Goodrich, resigned ; JEREMIAH MORROW, appointed a Senator by the Legislature of the state integrity, unsubdued by the severest ordeals, and preof Ohio, for the term of six years, commencing on

saging to public calamities a favorable issue, will be ever the fourth day of March last; David STONE, ap pulously faithful to its trust, and measures which merit

held in high estimation; whilst a Government, scru. pointed a Senator by the Legislature of the State the highest applause, have a just claim to the public of North Carolina, for the term of six years, com- support. mencing on the fourth day of March last; and The present epoch is momentous, and leads to CHARLES Tait, appointed a Senator by the Le observations which would not occur on ordinary gislature of the State of Georgia, for the term of occasions, six years, commencing on ihe fourth day of Our country is again involved in a sanguinary con

281962

SENATE.
Address of the Vice President.

May, 1813. flict, the issue of which, in the estimation of the enemy, peace as a mutual blessing; and who, by their modis to determine whether the republican system, adopted eration, had preserved it, until necessity has pointed by the people, is imbecile and transient, or whether it to a different line of conduct. They had annually has force and duration worthy of the enterprise. That sent to her their productions and specie to a vast it can never fail whilst they are true to their interest, amount; had thus employed her mechanics, purchased is beyond doubt. And is it not equally so, that they her manufactures, extended her commerce, and become will never desert the Government of their choice, or a great source of her national wealth. Hence, her attach themselves to a foreign domination, from which, zealous and persevering opposition to their commercial under the benign smiles of Divine Providence, they restraints, representing, in high strains, their great inhave lately, by their own valor, emancipated them- jury to this country; but preserving silence on a most selves? Can they need arguments to convince them, important point, their destructive effects on her own that, in proportion to the purity of Republican Govern- manufactures and commerce. ments, have ever been the reproaches and efforts for The United States are now her enemy; and is it overthrowing them, by imperious Sovereigns who once not easy to foresee, that, if the war should continue, ruled them?

the Canadas will be rendered independent of her; and, “ To divide and to conquer” have long been the ob- as friends or allies to the United States, will no longer jects of the enemy. He has presumed on his own arts, be instrumental in exciting an unrelenting and savage and on impotency in our system of Government; but, warfare against our extensive and defenceless borders ? in both instances, he will be convinced of his error. To such inhuman acts, in former times, were the Cana. The people and constituted authorities of the several dians urged by France in her Albion wars; and by States, those great pillars of our confederate system, our colonial aid Great Britain obtained jurisdiction numerous as they are, and inevitably discordant in over them. She in turn has abused this power, and some of their interests, have evinced, in various ways, has justified the United States in their efforts to divest a firm determination to support it. The interior fron- her of it. And is not their energy adequate to the ob. tier States, where the territorial war commenced and ject? Will not this be evident by a view of their efcontinues, assailed by innumerable difficulties, have fective National and State Governments of the unsurmounted them; and, by their unanimity and Spar- conquered minds and formidable numbers of their cititan valor, are establishing for themselves immortal zens? of their martial spirit ? of their innate attachhonor. Through the extensive wilds of our military ment to their rights and liberties ? and of their inflexoperations, some of these, as in all wars, have been ible determination to preserve them? But, if any successful, and others unfortunate. But, to whatever one still doubts, will he not recollect, that, at the causes the latter may be traced, they never can be im- commencement of our Revolutionary war, which terputed to those heroic officers or privates of the army or minated against her, the united colonies had not a of the militia, who have bravely combatted the enemy; third of their present population ; nor arms or military and of whom, soine have been crowned with laurels, stores for a single campaign; nor an efficient arrangeothers have submitted to irresistible misfortunes, and ment for warfare ; nor specie in their treasuries; nor many have nobly fallen, enshrined with glory. The funds for emitting a paper currency; nor a national Atlantic States have repelled, with magnanimity, mari- Government; nor (excepting two instances) State time invasions; and have also given proofs of their Governments ? nor the knowledge either of military patriotic ardor, by conquests on the ocean.

Their en

or of naval tactics? Will he not also remember terprises and victories have been sources of national that Great Britain was then in the zenith of her power ; triumph and renown. Are not our officers and mari- that neighboring nations trembled at her nod; that ners, in naval combats, unrivalled by fame? Have the colonies were under her control; that her Crown they not presented infallible sureties for signalizing officers opposed every mean for resisting her; excited themselves on great occasions? How vain then is the amongst the colonial Governments (over which they hope of divisions or conquest ? Does the enemy ex- presided) unfounded jealousies of each other, and empect, by burning defenceless towns and villages, to pro- barrassed every measure for their union; that she was mote his views ? Such conduct may entail on the nation loaded with less than a fifth of her present national which sanctions it eternal infamy, but can never subdue debt; that she was then at peace with all the world ; the elevated souls of our brave fellow-citizens, or even and that she is now at war with a greater part of depress the sublime minds of our innocent fair, the Europe, as well as with the United States? If Great ornaments of our country, who, amidst the unmerited Britain herself reflects on these things, will she not redistresses inflicted on them and their tender offspring linquish her vain attempts to awe the citizens of the by a merciless foe, will soar above sympathy, and claim United States, by exaggerated statements of her milithe just tribute of universal admiration and applause. tary and naval power, or by delusive views of their

Whilst the Executive, in the full exercise of its au- unprepared state for a war, of the great expense of it, thority, is left to test the sincerity of pacific overtures, and of the difficulties they are to encounter in defence it is a happy circumstance that the United States, at

of all that is valuable to man? If, in lieu of fruitless all times desirous of an honorable peace, and superin- artifices, she will make rational and equitable arrangetended by an officer whose capacious mind embraces, ments, which the Government of the United States and whose patriotic fortitude will pursue, every inter- have been always ready to meet, can there be a doubt est of his country, thus meet with ardor an indispen- that the two nations will be speedily restored to their sable war. Is not their power a pledge that they can, wonted friendship and commerce ? and their sacred honor that they will, with intrepidity, Your fellow-citizen, with sensations which can more maintain the conflict? They demand justice ; and can easily be conceived than expressed, perceives that there they relinquish it without a surrender of their sove- are in the Government many of his former friends and reignty ?

compatriots, with whom he has often co-operated in Great Britain is in collision with her best customers, the perilous concerns of his country; and, with unand once her commercial friends, who had viewed feigned pleasure, he will meet the other public func

May, 1813.
President's Message.

SENATE. tionaries, whose acknowledged abilities and public ser- of a joint committee to wait on the President of vices in like manner claim his high consideration and the United States and notify him that a quorum respect. With a sacred regard to the rights of every of the two Houses is assembled and ready to reDepartment and officer of Government, and with a receive any communications that he may be pleased spectful deference to their political principles and to make to them ; and have appointed a commitopinions, he has frankly declared his own; for, to have tee on their part. concealed them at a crisis like this, might have savored too much of a deficiency of candor. And may that Omnipotent Being, who, with infi

TUESDAY, May 25. nite wisdom and justice, superintends the destinies of Mr. ANDERSON reported, from the joint com. nations, confirm the heroic patriotism which has glowed mittee, that they had waited on the President of in the breasts of the national rulers, and convince the the United States, and that the President informed enemy that, whilst a disposition to peace, on equitable the committee that he would make a communiand honorable terms, will ever prevail in their public cation to the two Houses this day at twelve councils, one spirit, animated by the love of country, o'clock. will inspire every Department of the National Govern.

The Senate resumed the motion made yesterment.

E. GERRY.

day for the appointment of Chaplains, and agreed WASHINGTON, May 24, 1813.

thereto. On motion by Mr. ANDERSON, the Secretary The PRESIDENT communicated the memorial of was directed to notify the House of Representa - the Legislature of the Indiana Territory, praying tives that a quorum of the Senate is assembled the confirmation of titles to certain lands sold by and ready to proceed to business.

the trustees of the University in said Territory; A committee was appointed on the part of the and the memorial was read. Sepate, jointly with such comunittee as may be

PRESIDENT'S MESSAGE. appointed on ihe part of the House of Representa

The following Message was received from the tives, to wait on the President of the United States, PRESIDENT OF TAE UNITED States: and notify him that a quorum of the two Houses is

Fellow-citizens of the Senate assembled and ready to receive any communic

and of the House of Representatives : tions he may be pleased to make to them.

At an early day after the close of the last session of Ordered, that the Secretary notify the House Congress, an offer was formally communicated from of Representatives accordingly.

His Imperial Majesty the Emperor of Russia, of his On motion, by Mr. LEIB, a committee was ap- mediation, as the common friend of the United States pointed agreeably to the 42d rule for conducting and Great Britain, for the purpose of facilitating a business in the Senate; and Messrs Leib, GILMAN, peace between them. The high character of the Emand Dana, were appointed the committee. peror Alexander being a satisfactory pledge for the

On motion, by Mr. Howell, a committee was sincerity and impartiality of his offer, it was immediappointed agreeably to the 22d rule for conduct ately accepted; and, as further proof of the disposition ing business in the Senate; and Messrs. Howell, on the part of the United States to meet their adverRobinson, and MORROW, were appointed the sary in honorable experiments for terminating the war, committee.

it was determined to avoid intermediate delays, inci. On motion, by Mr. Campbell, the usual reso- dent to the distance of the parties, by a definitive prolution was agreed to for supplying the Senators vision for the contemplated negotiation. Three of our with newspapers.

eminent citizens were accordingly commissioned, with The President communicated a letter from the requisite powers to conclude a Treaty of Peace James Lloyd, notifying the resignation of his with persons clothed with like powers on the part of seat in the Senate.

Great Britain. They are authorized also to enter into

such conventional regulations of the commerce between On motion of Mr. Leib,

the two countries, as may be mutually advantageous. Resolved, That Mountjoy Bayly, Doorkeeper The two Envoys who were in the United States at and Sergeant-at-Arms to the Senate, be, and he the time of their appointment, have proceeded to join is hereby, authorized to employ one assistant and their colleague already at St. Petersburg. iwo horses, for the purpose of performing such The Envoys have received another commission, auservices as are usually required by the Doorkeeper thorizing them to conclude with Russia a Treaty of of the Senate ; which expense shall be paid out Commerce, with a view to strengthen the amicable of the contingent fund.

relations and improve the beneficial intercourse beMr. ANDERSON submitted the following motion: tween the two countries. Resolved, That two Chaplains, of different denomi

The issue of this friendly interposition of the Rusnations, be appointed to Congress during the present sian Emperor, and this pacific manifestation on the session, one by each House, who shall interchange part of the United States, time only can decide. That weekly.

the sentiments of Great Britain towards that Sovereign A message from the House of Representatives tion must be presumed. That no adequate motives

will have produced an acceptance of his offered mediinformed the Senate that a quorum of the House exist to prefer a continuance of war with the United of Representatives is assembled, and have elected States, to the terms on which they are willing to close HENRY Clay, Esquire, one of the Representatives it, is certain. The British Cabinet also must be sensifor the State of Kentucky, their Speaker, and are ble that, with respect to the important question of imready to proceed to business. They concur in pressment, on which the war so essentially turns, a the resolution of the Senate for the appointment search for, or seizure of, British persons or property

SENATE.

President's Message.

May. 1813.

on board neutral vessels on the high seas is not a bel- show that, under a wise organization and efficient ligerent right derived from the law of nations; and it direction, the Army is destined to a glory not less is obvious that no visit or search, or use of force for brilliant than that which already encircles the Navy. any purpose, on board the vessels of one independent The attack and capture of York is, in that quarter, a Power, on the high seas, can, in war or peace, be presage of future and greater victories; while, on the sanctioned by the laws or authority of another Power. western frontier, the issue of the late siege of Fort It is equally obvious, that, for the purpose of preserv- Meigs leaves us nothing to regret but a single act of ing to each State its seafaring members, by excluding inconsiderate valor. them from the vessels of the other, the mode hereto- The provisions last made for filling the ranks, and fore proposed by the United States, and now enacted enlarging the staff of the Army, have had the best by them as an article of municipal policy, cannot for effects. It will be for the consideration of Congress, a moment be compared with the mode practised by whether other provisions, depending on their authority, Great Britain with a conviction of its title to prefer- may not still further improve the Military Establishence; inasmuch, as the latter leaves the discrimination ment and the means of defence. between the mariners of the two nations to officers es.

The sudden death of the distinguished citizen who posed by unavoidable bias, as well as by a defect of represented the United States in France, without any evidence, to a wrong decision; under circumstances special arrangements by him for such a contingency, precluding, for the most part, the enforcement of con- has left us without the expected sequel to his last trolling penalties, and where a wrong decision, besides communications: nor has the French Government the irreparable violation of the sacred rights of persons, taken any measures for bringing the depending negomight frustrate the plans and profits of entire voyages : tiations to a conclusion, through its representative in whereas, the mode assumed by the United States, the United States. This failure adds to delays before guards, with studied fairness and efficacy, against so unreasonably spun out. A successor to our deceased errors in such cases, and avoids the effect of casual Minister has been appointed, and is ready to proceed errors on the safety of navigation, and the success of on his mission: the course which he will pursue in mercantile expeditions.

fulfilling it, is that prescribed by a steady regard to If the reasonableness of expectations, drawn from the true interests of the United States, which equally these considerations, could guaranty their fulfilment, a avoids an abandonment of their just demands, and a just peace would not be distant. But, it becomes the connexion of their fortunes with the systems of other wisdom of the National Legislature to keep in mind Powers. the true policy, or rather the indispensable obligation, The receipts in the Treasury, from the 1st of Octoof adapting its measures to the supposition, that the ber to the 31st day of March last, including the sums reonly course to that happy event, is in the vigorous ceived on account of Treasury notes, and of the loans employment of the resources of war. And, painful as authorized by the acts of the last and preceding sesthe reflection is, this duty is particularly enforced by sions of Congress, have amounted to fifteen millions the spirit and manner in which the war continues to four hundred and twelve thousand dollars. The ex. be waged by the enemy, who, uninfluenced by the penditures during the same period amounted to fifteen unvaried examples of humanity set them, are adding millions nine hundred and twenty thousand dollars, to the savage fury of it, on one frontier, a system of and left in the Treasury, on the 1st of April, the sum plunder, and conflagration on the other, equally for- of one million eight hundred and fifty-seven thousand bidden by respect for national character, and by the dollars. The loan of sixteen millions of dollars, auestablished rules of civilized warfare.

thorized by the act of the 8th of February last, has As an encouragement to persevering and invigorated been contracted for. Of that sum more than a million exertions to bring the contest to a happy result, I have of dollars had been paid into the Treasury, prior to the satisfaction of being able to appeal to the auspi- the 1st of April, and formed a part of the receipts as cious progress of our arms, both by land and on the above stated. The remainder of that loan, amounting water.

to near fifteen millions of dollars, with the sum of five In continuation of the brilliant achievements of our millions of dollars authorized to be issued in Treasury infant Navy, a signal triumph has been gained by notes, and the estimated receipts from the customs and Captain Lawrence and his companions in the Hornet the sales of public lands, amounting to nine millions sloop of war, which destroyed a British sloop of war, three hundred thousand dollars, and making in the with a celerity so unexampled, and with a slaughter whole twenty-nine millions three hundred thousand of the enemy so disproportionate to the loss in the dollars to be received during the last nine months of Hornet, as to claim for the conquerors the highest the present year, will be necessary to meet the expraise, and the full recompense provided by Congress penditures already authorized, and the engagements in preceding cases. Our public ships of war in gen- contracted in relation to the public debt. These eneral, as well as the private armed vessels, have con- gagements amount during that period to ten millions tinued also their activity and success against the com- five hundred thousand dollars, which, with near one merce of the enemy, and, by their vigilance and ad- million for the civil, miscellaneous, and diplomatic exdress, have greatly frustrated the efforts of the hostile penses, both foreign and domestic, and seventeen mil. squadrons distributed along our coasts, to intercept lions eight hundred thousand dollars for the military them in returning into port, and resuming their and naval expenditures, including the ships of war cruises.

building and to be built, will leave a sum in the The augmentation of our Naval force, as authorized Treasury at the end of the present year equal to that at the last session of Congress, is in progress. On the on the first of April last. A part of this sum may be Lakes our superiority is near at hand, where it is not considered as a resource for defraying any extraordialready established.

nary expenses already authorized by law, beyond the The events of the campaign, so far as they are sums above estimated; and a further resource for any known to us, furnish matter of congratulation, and emergency may be found in the sum of one million of

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