NOVEMBER, 1812. President's Annual Message. done may be expected. Should the present season not admit of complete success, the progress made will insure, for the next, a naval ascendency, where it is essential to our permanent peace with, and control over, the savages. Among the incidents to the measures of the war, I am constrained to advert to the refusal of the Governors of Massachusetts and Connecticut to furnish the required detachments of militia towards the defence of the maritime frontier. The refusal was founded on a novel and unfortunate exposition of the provisions of the Constitution relating to the militia. The correspondences which will be before you, contain the requisite information on the subject. It is obvious that, if the authority of the United States to call into service and command the militia for the public defence, can be thus frustrated, even in a state of declared war, and, of course, under apprehensions of invasion preceding war, they are not one nation for the purpose most of all requiring it; and that the public safety may have no other resource, than in those large and permanent military establishments which are forbidden by the principles of our free Government, and against the necessity of which the militia were meant to be a Constitutional bulwark. On the coasts, and on the ocean, the war has been as successful as circumstances inseparable from its early stages could promise. Our public ships and private cruisers, by their activity, and, where there was occasion, by their intrepidity, have made the enemy sensible of the difference between a reciprocity of cap. tures, and the long confinement of them to their side. Our trade, with little exception, has safely reached our ports; having been much favored in it by the course pursued by a squadron of our frigates, under the command of Commodore Rodgers. And in the instance in which skill and bravery were more particularly tried with those of the enemy, the American flag had an auspicious triumph. The frigate Constitution, commanded by Captain Hull, after a close and short engagement, completely disabled and captured a British frigate; gaining for that officer, and all on board, a praise which cannot be too liberally bestowed; not merely for the victory actually achieved, but for that prompt and cool exertion of commanding talents, which, giving to courage its highest character, and to the force applied its full effect, proved that more could have been done in a contest requiring more. Anxious to abridge the evils from which a state of war cannot be exempt, I lost no time, after it was declared, in conveying to the British Government the terms on which its progress might be arrested, without awaiting the delays of a formal and final pacification; and our Chargé d'Affaires at London was, at the same time, authorized to agree to an armistice founded upon them. These terms required that the Orders in Council should be repealed as they affected the United States, without a revival of blockades violating acknowledged rules; and that there should be an immediate discharge of American seamen from British ships, and a stop to impressment from American ships, with an understanding that an exclusion of the seamen of each nation from the ships of the other should be stipulated; and that the armistice should be improved into a definitive and comprehensive adjustment of depending controversies. Although a repeal of the Orders susceptible of explanations meeting the views of this Government had taken place before this pacific advance was communicated to that of Great Britain, the SENATE. advance was declined, from an avowed repugnance to a suspension of the practice of impressments during the armistice, and without any intimation that the arrangement proposed, with respect to seamen, would be accepted. Whether the subsequent communications from this Government, affording an occasion for reconsidering the subject, on the part of Great Britain, will be viewed in a more favorable light, or received in a more accommodating spirit, remains to be known. It would be unwise to relax our measures, in any respect, on a presumption of such a result. The documents from the Department of State, which relate to this subject, will give a view also of the propositions for an armistice, which have been received here, one of them from the authorities at Halifax and in Canada, the other from the British Government itself, through Admiral Warren; and of the grounds on which neither of them could be accepted. Our affairs with France retain the posture which they held at my last communications to you. Notwithstanding the authorized expectations of an early as well as favorable issue to the discussions on foot, these have been procrastinated to the latest date. The only intervening occurrence meriting attention, is the promulgation of a French decree purporting to be a definitive repeal of the Berlin and Milan decrees. This proceeding, although made the ground of the repeal of the British Orders in Council, is rendered, by the time and manner of it, liable to many objections. The final communications from our special Minister to Denmark, afford further proofs of the good effects of his mission, and of the amicable disposition of the Danish Government. From Russia, we have the satisfaction to receive assurances of continued friendship, and that it will not be affected by the rupture between the United States and Great Britain. Sweden also professes sentiments favorable to the subsisting harmony. With the Barbary Powers, excepting that of Algiers, our affairs remain on the ordinary footing. The Consul General, residing with that Regency, has suddenly, and without cause, been banished, together with all the American citizens found there. Whether this was the transitory effect of capricious despotism, or the first act of predetermined hostility, is not ascertained. Precautions were taken by the Consul on the latter supposition. The Indian tribes, not under foreign instigations, remain at peace, and receive the civilizing attentions which have proved so beneficial to them. With a view to that vigorous prosecution of the war, to which our national faculties are adequate, the attention of Congress will be particularly drawn to the insufficiency of existing provisions for filling up the Military Establishment. Such is the happy condition of our country, arising from the facility of subsistence and the high wages for every species of occupation, that, notwithstanding the augmented inducements provided at the last session, a partial success only has attended the recruiting service. The deficiency has been necessarily supplied during the campaign by other than regular troops, with all the inconveniences and expense incident to them. The remedy lies in establishing, more favorably for the private soldier, the proportion between his recompense and the term of his enlistment. And it is a subject which cannot too soon or too seriously be taken into consideration. The same insufficiency has been experienced in the provisions for volunteers made by an act of the last SENATE. President's Annual Message. session. The recompense for the service required in this case is still less attractive than in the other And although patriotism alone has sent into the field some valuable corps of that description, those alone who can afford the sacrifice can be reasonably expected to yield to that impulse. It will merit consideration, also, whether, as auxiliary to the security of our frontiers, corps may not be advantageously organized, with a restriction of their services to particular districts convenient to them. And whether the local and occasional services of mariners and others in the seaport towns, under a similar organization, would not be a provident addition to the means of their defence. I recommend a provision for an increase of the general officers of the Army, the deficiency of which has been illustrated by the number and distance of separate commands, which the course of the war and the advantage of the service have required. And I cannot press too strongly on the earliest attention of the Legislature, the importance of the reorganization of the staff establishment, with a view to render more distinct and definite the relations and responsibilities of its several departments. That there is room for improvements which will materially promote both economy and success, in what appertains to the Army and the war, is equally inculcated by the examples of other countries, and by the experience of our own. A revision of the militia laws for the purpose of rendering them more systematic, and better adapting them to the emergencies of the war, is, at this time, particularly desirable. Of the additional ships authorized to be fitted for service, two will be shortly ready to sail; a third is under repair, and delay will be avoided in the repair of the residue. Of the appropriations for the purchase of materials for ship building, the greater part has been applied to that object, and the purchase will be continued with the balance. NOVEMBER. 1812. teen millions and a half of dollars; which have been sufficient to defray all the demands on the Treasury to that day, including a necessary reimbursement of near three millions of the principal of the public debt. In these receipts is included a sum of near five millions eight hundred and fifty thousand dollars, received on account of the loans authorized by the acts of the last session: the whole sum actually obtained on loan amounts to eleven millions of dollars, the residue of which, being receivable subsequent to the 30th of September last, will, together with the current revenue, enable us to defray all the expenses of this year. The duties on the late unexpected importations of British manufactures will render the revenue of the ensuing year more productive than could have been anticipated. The situation of our country, fellow-citizens, is not without its difficulties; though it abounds in animating considerations, of which the view here presented of our pecuniary resources is an example. With more than one nation we have serious and unsettled controversies; and with one, powerful in the means and habits of war, we are at war. The spirit and strength of the nation are nevertheless equal to the support of all its rights, and to carry it through all its trials. They can be met in that confidence. Above all, we have the inestimable consolation of knowing that the war in which we are actually engaged, is a war neither of ambition nor of vain glory; that it is waged, not in violation of the rights of others, but in the maintenance of our own; that it was preceded by a patience without example, under wrongs accumulating without end: and that is was finally not declared until every hope of averting it was extinguished, by the transfer of the British sceptre into new hands clinging to former councils; and until declarations were reiterated to the last hour, through the British Envoy here, that the hostile edicts against our commercial rights and our maritime independence would not be revoked; nay, that they could not be revoked without violating the obligations of Great Britain to other Powers, as well as to her own interests. To have shrunk, under such circumstances, from manly resistance, would have been a degradation blasting our best and proudest hopes; it would have struck us from the high rank where the virtuous struggles of our fathers had placed us, and have betrayed the magnificent legacy which we hold in trust for future generations. It would have acknowledged, that, on the element which forms threefourths of the globe we inhabit, and where all independent nations have equal and common rights, the American people were not an independent people, but colonists and vassals. It was at this moment, and with such an alternative, that war was chosen. The A considerable number of American vessels which nation felt the necessity of it, and called for it. The were in England when the revocation of the Orders in appeal was accordingly made, in a just cause, to the Council took place, were laden with British manufac- just and all powerful Being who holds in his hand the tures, under an erroneous impression that the non- chain of events, and the destiny of nations. It remains importation act would immediately cease to operate, only, that, faithful to ourselves, entangled in no conand have arrived in the United States. It did not ap-nexions with the views of other Powers, and ever ready pear proper to exercise, on unforeseen cases of such magnitude, the ordinary powers vested in the Treasury Department to mitigate forfeitures, without previously affording to Congress an opportunity of making on the subject such provisions as they may think proper. In their decision, they will doubtless equally consult what is due to equitable considerations and to the public interest. The enterprising spirit which has characterized our naval force, and its success, both in restraining insults and depredations on our coasts, and in reprisals on the enemy, will not fail to recommend an enlargement of it. There being reason to believe that the act prohibiting the acceptance of British licenses is not a sufficient guard against the use of them for purposes favorable to the interests and views of the enemy, further provisions on that subject are highly important. Nor is it less so, that penal enactments should be provided for cases of corrupt and perfidious intercourse with the enemy, not amounting to treason, nor yet embraced by any statutary provisions. to accept peace from the hand of justice, we prosecute The Message and documents were read, and The receipts into the Treasury during the year end- twelve hundred and fifty copies ordered to be ing on the 30th of September last, have exceeded six-printed for the use of the Senate. THURSDAY, November 5. The resolution authorizing Mountjoy Bayly, Doorkeeper and Sergeant-at-Arms to the Senate, to employ one assistant and two horses, was read the second time; and, having been amended, was read a third time, and passed. The resolution for the appointment of Chaplains was read the second and third time by unanimous consent, and passed. FRIDAY, November 6. Mr. CAMPBELL, of Tennessee, submitted the following motions for consideration: Resolved, That so much of the Message of the President of the United States as concerns our relations with foreign Powers, the Military Establishment of the United States, and volunteers, be referred to a select committee, with leave to report thereon by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to the Naval Establishment of the United States, be referred to a select committee, with leave to report thereon by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to American vessels, which have arrived in the United States laden with British manufactures, be referred to a select committee, with leave to report thereon by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to a revision of the militia laws of the United States, be referred to a select committee, with leave to report thereon by bill or otherwise. The resolution authorizing Mountjoy Bayly to employ one assistant and two horses, was read a third time, and passed. The following Message was received from the Representatives of the United States: The bill, entitled "An act supplementary to the acts heretofore passed on the subject of an uniform rule of naturalization," which passed the two Houses at the last session of Congress, having appeared to me liable to abuse by aliens having no real purpose of effectuating a naturalization, and therefore not been signed; and having been presented at an hour too near the close of the session to be returned with objections for reconsideration, the bill failed to become a law. I also recommend that provision be now made in favor of aliens entitled to the contemplated benefit, under such regulations as will prevent advantage being taken of it for improper purposes. J. MADISON. NOVEMBER 5, 1812. SENATE. The Senate proceeded to the appointment of a Chaplain on their part, and the Rev. JOHN BRACKENRIDGE was unanimously elected. MONDAY, November 9. WILLIAM B. GILES, from the State of Virginia, and JOHN SMITH, from the State of New York, severally attended on the seventh instant, and JOHN CONDIT, of the State of New Jersey, on the eighth. The Senate resumed the consideration of the motion of the 6th instant, "That so much of the Message of the President of the United Stptes as concerns our relations with foreign Powers, the Military Establishment of the United States, and volunteers, be referred to a select committee with leave to report thereon by bill or otherwise ;" and having agreed thereto, Messrs. FRANKLIN, CAMPBELL, of Tennessee, TAYLOR, VARNUM, HOWELL, ROBINSON, and WORTHINGTON, were appointed the committee. The Senate resumed the consideration of the following motion: "That so much of the Message of the President of the United States as relates to the Naval Establishment of the United States, be referred to a select committee, with leave to report thereon by bill or otherwise;" and having agreed thereto, Messrs. SMITH, of Maryland, GREGG, TAIT, CUTTS, and LLOYD, were appointed the committee. The Senate resumed the consideration of the motion submitted on the sixth instant, "That so much of the Message of the President of the United States as relates to American vessels which have arrived in the United States laden with British manufactures, be referred to a select committee, with leave to report thereon by bill or otherwise;" and having agreed thereto, Messrs. GAILLARD, GOODRICH, CAMPBELL, of Ohio, GILES, and ROBINSON, were appointed the committee. The Senate also resumed the consideration of of the Message of the President of the United the motion of the sixth instant, "That so much States as relates to the revision of the militia laws of the United States, be referred to a select committee, with leave to report thereon by bill or otherwise;" and having agreed thereto, Messrs. VARNUM, SMITH, of New York, WORTHINGTON, GOODRICH, and SMITH, of Maryland, were appointed the committee. Mr. CAMPBELL, of Ohio, asked and obtained leave to bring in a bill" to authorize the transportation of a certain Message of the President of the United States, and documents accompanying the same;" and the bill was twice read by conThe following Message was also received from sent, and ordered to be engrossed, and read a the PRESIDENT OF THE UNITED STATES: third time. TUESDAY, November 10. The bill to authorize the transportation of a certain Message of the President of the United States and documents accompanying the same, was read a third time, and passed. On motion, by Mr. SMITH, of Maryland, the SENATE. Proceedings. Message of the President of the United States of the 6th of July, 1812, and documents accompanying the same, was referred to the committee to whom was referred, the 9th instant, so much of the Message of the President of the United States, of the fourth instant, as concerns our relations with foreign Powers. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to authorize the transportation of certain documents free of postage," in which bill they request the concurrence of the Senate. The bill last mentioned was three times read by consent, and passed. On motion, by Mr. FRANKLIN, the bill which originated in the Senate to authorize the transportation of a certain Message of the President of the United States, and documents accompanying the same, was reconsidered, and postponed to the 4th day of March next. WEDNESDAY, November 11. On motion, by Mr. VARNUM, the Message of the President of the United States of the 6th instant, and documents accompanying the same, was referred to the committee who have under consideration so much of the Message of the President of the United States, of the 4th instant, as relates to a revision of the militia laws of the United States. THURSDAY, November 12. PHILIP REED, from the State of Maryland, took his seat in the Senate. Mr. CAMPBELL, of Ohio, reported, from the committee, that they had examined and found duly enrolled the bill, entitled "An act to authorize the transportation of certain documents free of postage." FRIDAY, November 13. NOVEMBER, 1812 merchants of the city of Philadelphia, stating TUESDAY, November 17. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act further to prolong the continuance of the mint at Philadelphia;" in which bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. WEDNESDAY, November 18. ALLAN B. MAGRUDER. appointed a Senator by the Legislature of the State of Louisiana, (and who arrived on the 15th,) produced his credentials, was qualified, and he took his seat in the Senate. WILLIAM HUNTER, from the State of Rhode Island and Providence Plantations, and JAMES LLOYD, from the State of Massachusetts, severally took their seats in the Senate. The PRESIDENT communicated the report of the Secretary of the Navy on the expenditures and applications of moneys drawn from the Treasury from the first of October, 1811, to the 30th of September, 1812, inclusive, made in obe dience to the first section of the act passed March 3, 1812, entitled "An act to amend the severa acts for the establishment and regulation of the Treasury, War, and Navy Departments;" and The following Message was received from the the report was read, and referred. PRESIDENT OF THE UNITED STATES: To the Senate and House of Mr. LLOYD presented the petition of a larg number of merchants of Boston, who have re ceived goods from Great Britain subsequent to Representatives of the United States: For the further information of Congress relative to the revocation of the Orders in Council, praying the pacific advances made on the part of this Govern- an exemption from the provisions of the act pro ment to that of Great Britain, and the manner inhibiting importations from Great Britain, he which they have been met by the latter, I transmit the colonies, or dependencies; and the petition wa sequel of the communications on that subject, received read, and referred. from the late Chargé d'Affaires at London. Mr. LLOYD presented the petition of Bordma and Pope, of Boston, and others, praying that cargo of goods imported by them from India purchased in India prior to a knowledge of th prohibition of importations from Great Britai and her colonies, and imported in a vessel whic sailed from the United States antecedently to th passage of the law, which property is now in th custody of the Government, may be restored them, on securing the duties which have accrue thereon; and the petition was read, and referre to a select committee, to consider and repo thereon, by bill or otherwise, and Messrs. LLOY To the Senate and House of Representatives of the United States: THURSDAY, November 19. SENATE. The bill entitled "An act further to prolong the continuance of the Mint at Philadelphia," was read the third time, and passed. The bill supplementary to the several acts now in force relative to the Military Establishment of the United States, was read the second time. FRIDAY, November 20. STEPHEN R. BRADLEY, from the State of Ver I transmit to Congress copies of a communication from Mr. Russell to the Secretary of State. It is con-mont, took his seat in the Senate. nected with the correspondence accompanying my Mes- The bill supplementary to the several acts now in force relative to the Military Establishment of the United States, was resumed as in Committee of the Whole; and the further consideration thereof postponed to Monday next. sage of the 12th instant, but had not, at that date, been NOVEMBER 18, 1812. The Message and documents were referred to the committee who have under consideration so much of the Message of the President of the United States, of the 4th instant, “as concerns our relations with foreign Powers;" and twelve hundred and fifty copies ordered to be printed for the use of the Senate. The following Message was received from the Representatives of the United States: I transmit to Congress copies of a letter from the Consul General of the United States to Algiers, stating the circumstances preceding and attending his departure from that Regency. JAMES MADISON. NOVEMBER 17, 1812. Mr. CAMPBELL, of Tennessee, reported the following bill, which was read, and passed to a second reading: A Bill supplementary to the several acts now in force relative to the Military Establishment of the United States. Be it enacted by the Senate and House of Represen tatives of the United States of America, in Congress assembled, That, from and after the passage of this act, the monthly pay of the non-commissioned officers, musicians, artificers, and privates, in the present Military Establishment of the United States shall be as follows: To each sergeant major and quartermaster sergeant, twelve dollars. To each principal musician, eleven dollars. To each corporal, nine dollars. To each artificer, saddler, farrier, and blacksmith, not attached to the Quartermaster's Department, twelve dollars. To each musician, nine dollars. MONDAY, November 23. JOHN POPE, from the State of Kentucky, took his seat in the Senate. Mr. TAIT presented the petition of sundry merchants of the city of Savannah, in the State of Georgia, who have received goods from Great Britain subsequent to the revocation of the Orders in Council, which have been seized under the provisions of the act prohibiting importations from Great Britain, her colonies, or dependencies, praying relief; and the petition was read, and referred. Mr. SMITH, of Maryland, presented the memorial of sundry citizens of Baltimore, merchants and owners of private armed commissioned vessels of war, complaining of various grievances under the present regulations, and praying relief; and the memorial was read, and ordered to be printed. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act in addition to the act concerning letters of marque, prizes, and prize goods;" also, a bill, entitled "An act concerning the pay of non-commissioned officers, musicians, privates, and others, of the army, and for other purposes;" in which bills they request the concurrence of the Senate. The two bills last mentioned were read, and passed to the second reading. The Senate resumed, as in Committee of the Whole, the bill supplementary to the several acts now in force relative to the Military Establishment of the United States; and, on motion, the To each bombardier, sapper, miner, and private, consideration thereof was further postponed. eight dollars. And be it further enacted, That every non-commissioned officer, musician, and private, who shall, after the promulgation of this act, be recruited in the regular Army of the United States, may, at his option, to be made at the time of enlistment, engage to serve during the present war with Great Britain, instead of the term of five years: and shall, in case he makes such option, be entitled to the same bounty in money and and, and to all other allowances; and be subject to he same rules and regulations, as if he had enlisted for he term of five years. TUESDAY, November 24. The bill, entitled "An act in addition to the act concerning letters of marque, prizes, and prize goods," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. SMITH, of Maryland, LLOYD, and GILMAN, were appointed the committee. On motion, by Mr. SMITH, of Maryland, the memorial of the citizens of Baltimore, owners of private armed commissioned vessels of war, was |