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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.

MONDAY, May 24, 1813. Conformably to the act passed the 27th of February last, entitled "An act to alter the time for the next meeting of Congress," the Senate assembled in their Chamber at the Capitol.

PRESENT.

NICHOLAS GILMAN, from New Hampshire. JOSEPH B. VARNUM, from Massachusetts. SAMUEL W. DANA, from Connecticut. WILLIAM HUNTER, and JEREMIAH B. HOWELL, from Rhode Island.

JONATHAN ROBINSON, from Vermont.
JOHN LAMBERT, from New Jersey.
MICHAEL LEIB, from Pennsylvania.
OUTERBRIDGE HORSEY, from Delaware.
JAMES TURNER, from North Carolina.
JOHN TAYLOR, from South Carolina.
JOSEPH ANDERSON, and GEORGE W. CAMPBELL,
from Tennessee.

THOMAS WORTHINGTON, from Ohio.
JAMES BROWN, from Louisiana.

JESSE BLEDSOE, appointed a Senator by the Legislature of the State of Kentucky, for the term of six years, commencing on the fourth day of March last; WILLIAM B. BULLOCK, appointed a Senator by the Executive of the State of Georgia, in place of William H. Crawford, resigned; DUDLEY CHACE, appointed a Senator by the Legislature of the State of Vermont, for the term of six years, commencing on the fourth day of March last; CHARLES CUTTS, appointed a Senator by the Executive of the State of New Hampshire, to fill the vacancy in the representation in the Senate from that State, during the present recess of the Legislature of the said State; DAVID DAGGETT, appointed a Senator by the Legislature of the State of Connecticut, in place of Chauncey Goodrich, resigned; JEREMIAH MORROW, appointed a Senator by the Legislature of the State of Ohio, for the term of six years, commencing on the fourth day of March last; DAVID STONE, appointed a Senator by the Legislature of the State of North Carolina, for the term of six years, commencing on the fourth day of March last; and CHARLES TAIT, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, commencing on the fourth day of

March last, respectively, produced their credentials; which were read; and the oath prescribed by law was administered to them, and they took

their seats in the Senate.

The oath was also administered to JOHN GAILLARD, and ABNER LACOCK, their credentials having been read and filed during the last session.

ADDRESS OF THE VICE PRESIDENT.

The VICE PRESIDENT exhibited a certificate of his having taken the oath of office prescribed by law; which was read; and he addressed the Senate as follows:

Gentlemen of the Senate:

Our fellow-citizens, in the free exercise of their Constitutional authority, having been pleased to honor the person addressing you, with this distinguished station, have inferred from him an indispensable obligation to meet their just expectations. To attain this desirable object, and to preside over this honorable body in conformity to their magnanimity and dignity, which at all times have been conspicuous, will be his primary pursuit. Whilst the Constitution has invested him with Legislative and Executive powers, in cases only that great responsibility; in anticipating which, and his are casual, to the decisions of these, it has attached a other duties, he has the pleasing prospect of reposing on your liberality and candor. But if, in this high and influential branch of the Government, such unanimity should prevail, as to decide for themselves every question of policy, the example will still increase their lustre, and add to his happiness.

It is a subject of cordial congratulation, that the liberties of the people, in so great a degree, rest on that wisdom and fortitude which mark the characters of the exalted personage who fills the Supreme Executive, of the dignified members who constitute the National Legislature, and of the eminent officers who direct the Ministerial departments-public virtues, emulated by few Governments, need no encomiums. Fidelity and integrity, unsubdued by the severest ordeals, and presaging to public calamities a favorable issue, will be ever pulously faithful to its trust, and measures which merit held in high estimation; whilst a Government, scruthe highest applause, have a just claim to the public

support.

The present epoch is momentous, and leads to observations which would not occur on ordinary occasions,

Our country is again involved in a sanguinary con

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SENATE.

Address of the Vice President.

MAY, 1813.

peace as a mutual blessing; and who, by their moderation, had preserved it, until necessity has pointed to a different line of conduct. They had annually sent to her their productions and specie to a vast amount; had thus employed her mechanics, purchased her manufactures, extended her commerce, and become a great source of her national wealth. Hence, her zealous and persevering opposition to their commercial restraints, representing, in high strains, their great in

flict, the issue of which, in the estimation of the enemy, is to determine whether the republican system, adopted by the people, is imbecile and transient, or whether it has force and duration worthy of the enterprise. That it can never fail whilst they are true to their interest, is beyond doubt. And is it not equally so, that they will never desert the Government of their choice, or attach themselves to a foreign domination, from which, under the benign smiles of Divine Providence, they have 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 overthrowing them, by imperious Sovereigns who once ruled them?

"To divide and to conquer" have long been the objects of the enemy. He has presumed on his own arts, and on impotency in our system of Government; but, in both instances, he will be convinced of his error. The people and constituted authorities of the several States, those great pillars of our confederate system, numerous as they are, and inevitably discordant in some of their interests, have evinced, in various ways, a firm determination to support it. The interior frontier States, where the territorial war commenced and continues, assailed by innumerable difficulties, have surmounted them; and, by their unanimity and Spartan valor, are establishing for themselves immortal honor. Through the extensive wilds of our military operations, some of these, as in all wars, have been successful, and others unfortunate. But, to whatever causes the latter may be traced, they never can be imputed to those heroic officers or privates of the army or of the militia, who have bravely combatted the enemy; and of whom, some have been crowned with laurels, others have submitted to irresistible misfortunes, and many have nobly fallen, enshrined with glory. The Atlantic States have repelled, with magnanimity, maritime invasions; and have also given proofs of their patriotic ardor, by conquests on the ocean. Their enterprises and victories have been sources of national triumph and renown. Are not our officers and mariners, in naval combats, unrivalled by fame? Have they not presented infallible sureties for signalizing themselves on great occasions? How vain then is the hope of divisions or conquest? Does the enemy expect, by burning defenceless towns and villages, to promote his views? Such conduct may entail on the nation which sanctions it eternal infamy, but can never subdue the elevated souls of our brave fellow-citizens, or even depress the sublime minds of our innocent fair, the ornaments of our country, who, amidst the unmerited distresses inflicted on them and their tender offspring by a merciless foe, will soar above sympathy, and claim the just tribute of universal admiration and applause. Whilst the Executive, in the full exercise of its authority, is left to test the sincerity of pacific overtures, it is a happy circumstance that the United States, at all times desirous of an honorable peace, and superintended by an officer whose capacious mind embraces, and whose patriotic fortitude will pursue, every interest of his country, thus meet with ardor an indispensable war. Is not their power a pledge that they can, and their sacred honor that they will, with intrepidity, maintain the conflict? They demand justice; and can they relinquish it without a surrender of their sovereignty?

Great Britain is in collision with her best customers, and once her commercial friends, who had viewed

The United States are now her enemy; and is it not easy to foresee, that, if the war should continue, the Canadas will be rendered independent of her; and, as friends or allies to the United States, will no longer be instrumental in exciting an unrelenting and savage warfare against our extensive and defenceless borders? To such inhuman acts, in former times, were the Canadians urged by France in her Albion wars; and by our colonial aid Great Britain obtained jurisdiction over them. She in turn has abused this power, and has justified the United States in their efforts to divest her of it. And is not their energy adequate to the object? Will not this be evident by a view of their effective National and State Governments? of the unconquered minds and formidable numbers of their citizens? of their martial spirit? of their innate attachment to their rights and liberties? and of their inflexible determination to preserve them? But, if any one still doubts, will he not recollect, that, at the commencement of our Revolutionary war, which terminated against her, the united colonies had not a third of their present population; nor arms or military stores for a single campaign; nor an efficient arrangement for warfare; nor specie in their treasuries; nor funds for emitting a paper currency; nor a national Government; nor (excepting two instances) State Governments? nor the knowledge either of military or of naval tactics? Will he not also remember that Great Britain was then in the zenith of her power; that neighboring nations trembled at her nod; that the colonies were under her control; that her Crown officers opposed every mean for resisting her; excited amongst the colonial Governments (over which they presided) unfounded jealousies of each other, and embarrassed every measure for their union; that she was loaded with less than a fifth of her present national debt; that she was then at peace with all the world; and that she is now at war with a greater part of Europe, as well as with the United States? If Great Britain herself reflects on these things, will she not relinquish her vain attempts to awe the citizens of the United States, by exaggerated statements of her military and naval power, or by delusive views of their unprepared state for a war, of the great expense of it, and of the difficulties they are to encounter in defence of all that is valuable to man? If, in lieu of fruitless artifices, she will make rational and equitable arrangements, which the Government of the United States have been always ready to meet, can there be a doubt that the two nations will be speedily restored to their wonted friendship and commerce?

Your fellow-citizen, with sensations which can more easily be conceived than expressed, perceives that there are in the Government many of his former friends and compatriots, with whom he has often co-operated in the perilous concerns of his country; and, with unfeigned pleasure, he will meet the other public func

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tionaries, whose acknowledged abilities and public services in like manner claim his high consideration and respect. With a sacred regard to the rights of every Department and officer of Government, and with a respectful deference to their political principles and opinions, he has frankly declared his own; for, to have concealed them at a crisis like this, might have savored too much of a deficiency of candor.

And may that Omnipotent Being, who, with infinite wisdom and justice, superintends the destinies of nations, confirm the heroic patriotism which has glowed in the breasts of the national rulers, and convince the enemy that, whilst a disposition to peace, on equitable and honorable terms, will ever prevail in their public councils, one spirit, animated by the love of country, will inspire every Department of the National GovernE. GERRY.

ment.

WASHINGTON, May 24, 1813.

On motion by Mr. ANDERSON, the Secretary was directed to notify the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business.

A committee was appointed on the part of the Senate, jointly with such committee as may be appointed on the part of the House of Representatives, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled and ready to receive any communications he may be pleased to make to them.

Ordered, that the Secretary notify the House of Representatives accordingly.

SENATE.

of a joint committee to wait on the President of the United States and notify him that a quorum of the two Houses is assembled and ready to receive any communications that he may be pleased to make to them; and have appointed a committee on their part.

TUESDAY, May 25.

Mr. ANDERSON reported, from the joint committee, that they had waited on the President of the United States, and that the President informed the committee that he would make a communication to the two Houses this day at twelve o'clock.

The Senate resumed the motion made yesterday for the appointment of Chaplains, and agreed thereto.

The PRESIDENT communicated the memorial of the Legislature of the Indiana Territory, praying the confirmation of titles to certain lands sold by the trustees of the University in said Territory; and the memorial was read.

PRESIDENT'S MESSAGE.

The following Message was received from the PRESIDENT OF THE UNITED STATES: Fellow-citizens of the Senate

and of the House of Representatives:

At an early day after the close of the last session of Congress, an offer was formally communicated from 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 business in the Senate; and Messrs LEIB, GILMAN, and DANA, were appointed the committee.

On motion, by Mr. HOWELL, a committee was appointed agreeably to the 22d rule for conducting business in the Senate; and Messrs. HOWELL, ROBINSON, and MORROW, were appointed the committee.

On motion, by Mr. CAMPBELL, the usual resolution was agreed to for supplying the Senators with newspapers.

The PRESIDENT communicated a letter from JAMES LLOYD, notifying the resignation of his

seat in the Senate.

On motion of Mr. LEIB,

Resolved, That Mountjoy Bayly, Doorkeeper and Sergeant-at-Arms to the Senate, be, and he is hereby, authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper of the Senate; which expense shall be paid out of the contingent fund.

Mr. ANDERSON Submitted the following motion: Resolved, That two Chaplains, of different denominations, be appointed to Congress during the present session, one by each House, who shall interchange weekly.

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and have elected HENRY CLAY, Esquire, one of the Representatives for the State of Kentucky, their Speaker, and are ready to proceed to business. They concur in the resolution of the Senate for the appointment

and Great Britain, for the purpose of facilitating a peace between them. The high character of the Emperor Alexander being a satisfactory pledge for the sincerity and impartiality of his offer, it was immediately accepted; and, as further proof of the disposition on the part of the United States to meet their adversary in honorable experiments for terminating the war, it was determined to avoid intermediate delays, incident to the distance of the parties, by a definitive provision for the contemplated negotiation. Three of our eminent citizens were accordingly commissioned, with the requisite powers to conclude a Treaty of Peace Great Britain. They are authorized also to enter into with persons clothed with like powers on the part of

such conventional regulations of the commerce between the two countries, as may be mutually advantageous. The two Envoys who were in the United States at the time of their appointment, have proceeded to join their colleague already at St. Petersburg.

The Envoys have received another commission, authorizing them to conclude with Russia a Treaty of Commerce, with a view to strengthen the amicable relations and improve the beneficial intercourse between the two countries.

The issue of this friendly interposition of the Russian Emperor, and this pacific manifestation on the part of the United States, time only can decide. That the sentiments of Great Britain towards that Sovereign will have produced an acceptance of his offered medition must be presumed. That no adequate motives exist to prefer a continuance of war with the United States, to the terms on which they are willing to close it, is certain. The British Cabinet also must be sensible that, with respect to the important question of impressment, on which the war so essentially turns, a search for, or seizure of, British persons or property

SENATE.

President's Message.

MAY. 1813.

show that, under a wise organization and efficient direction, the Army is destined to a glory not less brilliant than that which already encircles the Navy. The attack and capture of York is, in that quarter, a presage of future and greater victories; while, on the western frontier, the issue of the late siege of Fort Meigs leaves us nothing to regret but a single act of inconsiderate valor.

on board neutral vessels on the high seas is not a belligerent right derived from the law of nations; and it is obvious that no visit or search, or use of force for any purpose, on board the vessels of one independent Power, on the high seas, can, in war or peace, be sanctioned by the laws or authority of another Power. It is equally obvious, that, for the purpose of preserving to each State its seafaring members, by excluding 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 discriminationment and the means of defence. between the mariners of the two nations to officers ex

posed by unavoidable bias, as well as by a defect of evidence, to a wrong decision; under circumstances precluding, for the most part, the enforcement of controlling penalties, and where a wrong decision, besides the irreparable violation of the sacred rights of persons, might frustrate the plans and profits of entire voyages: whereas, the mode assumed by the United States, guards, with studied fairness and efficacy, against errors in such cases, and avoids the effect of casual errors on the safety of navigation, and the success of mercantile expeditions.

If the reasonableness of expectations, drawn from these considerations, could guaranty their fulfilment, a just peace would not be distant. But, it becomes the wisdom of the National Legislature to keep in mind the true policy, or rather the indispensable obligation, of adapting its measures to the supposition, that the only course to that happy event, is in the vigorous employment of the resources of war. And, painful as the reflection is, this duty is particularly enforced by the spirit and manner in which the war continues to be waged by the enemy, who, uninfluenced by the unvaried examples of humanity set them, are adding to the savage fury of it, on one frontier, a system of plunder, and conflagration on the other, equally forbidden by respect for national character, and by the established rules of civilized warfare.

As an encouragement to persevering and invigorated exertions to bring the contest to a happy result, I have the satisfaction of being able to appeal to the auspicious progress of our arms, both by land and on the

water.

In continuation of the brilliant achievements of our infant Navy, a signal triumph has been gained by Captain Lawrence and his companions in the Hornet sloop of war, which destroyed a British sloop of war, with a celerity so unexampled, and with a slaughter of the enemy so disproportionate to the loss in the Hornet, as to claim for the conquerors the highest praise, and the full recompense provided by Congress in preceding cases. Our public ships of war in general, as well as the private armed vessels, have continued also their activity and success against the commerce of the enemy, and, by their vigilance and address, have greatly frustrated the efforts of the hostile squadrons distributed along our coasts, to intercept them in returning into port, and resuming their

cruises.

The augmentation of our Naval force, as authorized at the last session of Congress, is in progress. On the Lakes our superiority is near at hand, where it is not already established.

The events of the campaign, so far as they are known to us, furnish matter of congratulation, and

The sudden death of the distinguished citizen who represented the United States in France, without any special arrangements by him for such a contingency, has left us without the expected sequel to his last communications: nor has the French Government taken any measures for bringing the depending negotiations to a conclusion, through its representative in the United States. This failure adds to delays before so unreasonably spun out. A successor to our deceased Minister has been appointed, and is ready to proceed on his mission: the course which he will pursue in fulfilling it, is that prescribed by a steady regard to the true interests of the United States, which equally avoids an abandonment of their just demands, and a connexion of their fortunes with the systems of other Powers.

The receipts in the Treasury, from the 1st of October to the 31st day of March last, including the sums received on account of Treasury notes, and of the loans authorized by the acts of the last and preceding sessions of Congress, have amounted to fifteen millions four hundred and twelve thousand dollars. The expenditures during the same period amounted to fifteen millions nine hundred and twenty thousand dollars, and left in the Treasury, on the 1st of April, the sum of one million eight hundred and fifty-seven thousand dollars. The loan of sixteen millions of dollars, authorized by the act of the 8th of February last, has been contracted for. Of that sum more than a million of dollars had been paid into the Treasury, prior to the 1st of April, and formed a part of the receipts as above stated. The remainder of that loan, amounting to near fifteen millions of dollars, with the sum of five millions of dollars authorized to be issued in Treasury notes, and the estimated receipts from the customs and the sales of public lands, amounting to nine millions three hundred thousand dollars, and making in the whole twenty-nine millions three hundred thousand dollars to be received during the last nine months of the present year, will be necessary to meet the expenditures already authorized, and the engagements contracted in relation to the public debt. These engagements amount during that period to ten millions five hundred thousand dollars, which, with near one million for the civil, miscellaneous, and diplomatic expenses, both foreign and domestic, and seventeen millions eight hundred thousand dollars for the military and naval expenditures, including the ships of war building and to be built, will leave a sum in the Treasury at the end of the present year equal to that on the first of April last. A part of this sum may be considered as a resource for defraying any extraordinary expenses already authorized by law, beyond the sums above estimated; and a further resource for any emergency may be found in the sum of one million of

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