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JANUARY, 1813.

Proceedings.

SENATE.

Mr. HORSEY Submitted the following motion Posey, Robinson, Smith of New York, Taylor, and for consideration. Varnum.

Resolved, That the President of the United States be requested to cause to be laid before the Senate the French decree, purporting to be a definitive repeal of the Berlin and Milan decree, referred to in his Message of the 4th of November last; and, also, any correspondence or information, touching the relation of the United States with France, in the office of the Department of State, not heretofore communicated, which, in the opinion of the President, is not incompatible with the public interest to communicate.

SATURDAY, January 16.

NAYS-Messrs. Anderson, Campbell of Ohio, Crawford, Franklin, Gaillard, Leib, Magruder, Reed, Tait, Turner, and Worthington.

Mr. CAMPBELL, of Tennessee, from the committee to whom was referred the bill, entitled "An act in addition to the act, entitled 'An act to raise an additional military force, and for other purposes," reported it without amendment.

The bill for the relief of the Bible Society of Philadelphia was reported by the committee correctly engrossed, and read a third time, and passed.

The bill, entitled "An act making certain parThe bill, entitled "An act in addition to the tial appropriations for the year 1813,” was read a act, entitled 'An act to raise an additional mili-third time, and passed. tary force, and for other purposes," was read the The Senate resumed the consideration of the second time, and referred to the committee ap-motion made the 15th instant, which was amended pointed, the 9th of November, on so much of the and agreed to, as follows: Message of the President of the United States as concerns our foreign relations, the military establishment, and volunteers.

The bill for the relief of the Bible Society of Philadelphia was read the second time; and on the question, Shall this bill be engrossed and read a third time? it was determined in the affirma

tive.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making certain partial appropriations for the year 1813;" in which bill they request the concurrence of the Senate.

The bill last mentioned was twice read, by unanimous consent, and passed to a third reading. The PRESIDENT Communicated the report of the Postmaster General, relative to public contracts; also, on the salaries allowed to the clerks of that department, during the year 1812; and the reports were severally read.

MONDAY, January 18.

Mr. MAGRUDER, from the committee to whom was referred the bill, entitled "An act for the relief of John Binnion," reported it without amendment, and it passed to a third reading.

The Senate resumed the consideration of the bill to carry into effect the report made to Congress in February, 1803, by James Madison, then Secretary of State, Albert Gallatin, Secretary of the Treasury, and Levi Lincoln, Attorney General of the United States, commissioners, appointed In pursuance of the act, entitled "An act for an amicable settlement of limits with the State of Georgia, and authorizing the establishment of government in the Mississippi Territory, in obedience to the provisions of the act supplemental to the last mentioned act." And the bill was further amended.

a

On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative-yeas 16, nays 11, as

follows:

YEAS-Messrs. Bayard, Bibb, Bradley, Brent, Cutts, Goodrich, Horsey, Howell, Hunter, Lambert, Pope,

Resolved, That the President of the United States be requested to cause to be laid before the Senate the French decree, purporting to be a definitive repeal of the Berlin and Milan decrees, referred to in his Message of the 4th November last, together with such information as he may possess, concerning the time and manner of promuigating the same; and, also, any correspondence or information touching the relations of the United States with France, in the office of the Department of State, not heretofore communicated, which, in the opinion of the President of the United States, is not incompatible with the public interest to communicate.

informed the Senate that the House have passed A message from the House of Representatives a bill, entitled "An act for the relief of Jared Shattuck," in which bill they request the concurrence of the Senate.

The bill last mentioned was read, and passed to the second reading.

TUESDAY, January 19.

The bill, entitled "An act for the relief of Jared Shattuck," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. BRADLEY, TAIT, and VARNUM, were appointed the committee.

Mr. LLOYD submitted the following motion for consideration:

Resolved, That the President of the United States

be requested to cause to be laid before the Senate an account of the sale or disposition of three millions one hundred and eighty thousand dollars of Treasury notes, subscribed for by various banks, as stated in the annual report of the Secretary of the Treasury, with the time and terms of sale to such banks respectively; and the state of their several accounts with the Treasury Department, from the time of such sale or

subscription, to the first day of the present month of
January.

The bill, entitled "An act for the relief of John
Binnion," was read the third time, and passed.
A message from the House of Representatives
informed the Senate that the House have passed

SENATE.

Resolutions of the State of Ohio.

a bill, entitled “An act confirming certain claims
to lands in the district of Vincen es;" in which
they request the concurrence of the Senate.
The bill last mentioned was read, and passed
to the second reading.

JANUARY, 1813.

wealth, it has increased in importance, until its power has become a cause of jealousy among the nations of the old world, and its wealth has but too effectually invited their rapacity.

Endeavoring to surmount injustice, with its view fixed on peace, and with exertions never suspended, the American Administration has determined, if prac ticable, to elude the evils of war. Mildness has charac terized its manner, and justice has been its whole dethe principles of justice, and regardless of our unques mand: but forbearance has been in vain. Forgetting tioned rights, the great contending Powers of Europe have reduced plunder to system, and, in that system, unremittingly persevere. Nor is this all: the British nation has superadded personal oppression, and the cruel enslavement of our citizens; and, even when

The PRESIDENT Communicated a letter from the Commissioner of the General Land Office, transmitting a report of the commissioners appointed conformably to "An act to ascertain the Western boundary of the district reserved for satisfying the military bounties allowed to the officers and soldiers of the Virginia line on continental establishment;" and the letter and report were read. The bill to carry into effect the report made to Congress, in February, one thousand eight hundred and three. by James Madison, then Secre-professedly at peace with the United States, she has tary of State, Albert Gallatin, Secretary of the Treasury, and Levi Lincoln, Attorney General of the United States, commissioners, appointed in pursuance of the act, entitled "An act for an amicable settlement of limits with the State of Georgia, and authorizing the establishment of a government in the Mississippi Territory, in obedience to the provisions of the act supplemental to the last mentioned act," was reported by the committee correctly engrossed, and read a third time.

On the question, Shall this bill pass? it was determined in the affirmative-yeas 16, nays 9, as follows:

YEAS-Messrs. Bayard, Bradley, Dana, German, Goodrich, Horsey, Howell, Hunter, Lambert, Pope, Posey, Robinson, Smith of Maryland, Smith of New York, Taylor, and Varnum.

been perfidiously accessary to the murder of our frontier
inhabitants, by instigating and aiding her savage al
lies, whose cruel mode of warfare is disgraceful to bu
manity. Still was she invited to be just. While the
sword was yet starting from its scabbard, the olive
branch was cordially offered to the enemy; but this
offer is refused, and the only Republic which has sur-
vived the general wreck of nations is in open war.
which this nation is involved is, on our part, just and
Impressed with a full conviction that the war in
necessary; that the course pursued by the Adminis
conciliatory, and continued efforts to secure to this na-
tration, in recommending the measure, and its mild,
tion an honorable peace, merit the entire approbation
of this General Assembly; and that not only the honor
and dignity of this people, but its continuance as a
free and independent nation, depend upon a vigorous
prosecution of the war: therefore,

Ohio, That, in the name, and in behalf of our con-
Resolved, by the General Assembly of the State of

NAYS-Messrs. Campbell, of Tennessee, Franklin, Leib, Magruder, Reed, Tait, Turner, and Worth-stituents, we pledge ourselves to aid the National Govington.

On motion, by Mr. SMITH, of Maryland, the further consideration of the bill, entitled "An act in addition to the act, entitled 'An act to raise an additional military force,' and for other purposes," was postponed to, and made the order of the day for, to-morrow.

OHIO RESOLUTIONS.

The PRESIDENT communicated a letter from the Governor of the State of Ohio, enclosing the declaration and resolves of the General Assembly of that State. approbatory of the measures of the Administration in regard to the war with England, and pledging themselves and their constituents to aid in its prosecution.

The letter and resolutions were as follow:

CHILICOTHE, January 10, 1813. SIR: I have the honor to transmit you the enclosed declaration, and am, with high esteem, your obedient

servant,

R. J. MEIGS.

Hon. the SPEAKER of the Senate U. S.

ernment, in the present emergency, to the extent of our resources; and we do this in the hope that the goodly heritage of our freedom may descend from us to posterity, as we received it, excellent and unim paired.

Be it further resolved, That we have seen, with emotions of much concern, the protracted delay of the French Government to render justice to this nation for afford to the constituted authorities, in whose wisdom its outrageous depredations upon us, and that we will and firmness we place confident reliance, our utmost support in their efforts to sustain the honor of the na tion, and to obtain suitable amends for its injuries.

Be it further resolved, That, in the opinion of this General Assembly, every republican is now peculiarly called upon, by all honorable and honest motives, to sacrifice, at the shrine of his country, political dissensions and personal animosities, and, with united efforts, to rescue from danger that civil and political liberty, for which our fathers so arduously struggled and so freely bled.

Be it further resolved, That the Governor be requested to transmit to the President of the United Declaration and Resolves of the General Assembly of States, to the President of the Senate, the Speaker of

the State of Ohio.

It has pleased Divine Providence that this General Assembly should convene under circumstances new, replete with interest, and of great national concern. While the moral and political convulsions of Europe have shaken empires from their centre, this nation has, alone, pursued a peaceful policy. It has grown in

the House of Representatives, and to our Senators and Representatives in Congress, one copy each of the foregoing declaration and resolutions.

JOHN POLLOCK, Speaker of the House of Representatives. THOMAS KIRKER,

Speaker of the Senate.

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failing to attend.

On motion, by Mr. WORTHINGTON, the letter from the Commissioner of the General Land Office, communicated yesterday, together with the report of the Commissioners appointed conformably to "An act to ascertain the western boundary of the district reserved for satisfying the military bounties allowed to the officers and soldiers of the Virginia line on continental estab-tricts hereby provided for shall take place immediately lishment," was referred to a select committee, to consist of five members, to consider and report thereon; and Messrs. VARNUM, HOWELL, ANDERSON. BRENT, and LEIB, were appointed the com

mittee.

Mr. GERMAN presented the petition of John Redfield, junior, of the city of New York, an insolvent debtor, imprisoned at the suit of the United States, praying to be discharged; and the petition was read, and referred to the committee who have under consideration the petition of William Nexsen, junior, to consider and report thereon by bill or otherwise.

The Senate resumed the consideration of the motion made yesterday in relation to Treasury notes, subscribed for by the various banks; and agreed thereto.

AMENDMENT TO THE CONSTITUTION. Mr. TURNER, in pursuance of instructions from the Legislature of the State of North Carolina, submitted the following motion for consideration; which was read, and passed to the second

reading:

"Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring therein, That the following amendment to the Constitution of the United States be proposed to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the said States, shall be valid, to all intents and purposes, as a part of the said Constitution:

"Neither the districts for choosing representatives, nor those for appointing Electors, shall be altered in any State, until a census and apportionment of representatives under it, made subsequent to the division of the State into districts, shall change the number of representatives and of Electors to which such State may be entitled. The division of the States into disafter this amendment shall be adopted and ratified as a part of the Constitution of the United States, and Successively afterwards, whenever by a census and apportionment of representatives and of Electors to which any State may be entitled, shall be changed; the division of such State into districts, for the purposes both of choosing representatives and of appointing Electors, shall be altered agreeably to the provisions of this amendment, and on no other occasion."

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act in addition to the act, entitled 'An act to raise an additional military force,' and for other purposes;" and Mr. ANDERSON was requested to take the Chair; and, after debate, the Senate adjourned.

THURSDAY, January 21.

Constitution of the United States on the mode of The motion made yesterday to amend the electing representatives and Electors, was read the second time, and referred to a select committee, to consist of seven members, to consider and report thereon; and Messrs. TURNER, LLOYD, BAYARD, GOODRICH, GILES, POPE, and TAIT, were appointed the committee.

Mr. SMITH, of Maryland, from the committee to whom was referred the joint resolution relative to the brilliant achievements of Captains Hull, Decatur, and Jones, reported it with an amendment.

Mr. TAIT gave notice that to-morrow he should "That, for the purpose of choosing representatives ask leave to bring in a bill to revive and continue in the Congress of the United States, each State shall, in force "An act declaring the consent of Conby its Legislature, be divided into a number of dis-gress to an act of the State of Georgia, passed tricts, equal to the number of representatives to which such State may be entitled.

"Those districts shall be formed of contiguous territory, and contain, as nearly as may be, an equal number of inhabitants, entitled by the Constitution to be represented; in each district the qualified voters shall elect one representative, and no more.

"That, for the purpose of appointing Electors of President and Vice President of the United States, each State shall, by its Legislature, be divided into a number of districts, equal to the number of Electors to which such State may be entitled: those districts shall be composed of contiguous territory, and contain, as nearly as may be, an equal number of inhabitants, entitled by the Constitution to representation. In each district the persons qualified to vote for representatives

the 12th of December, 1804, establishing the fees of the harbormaster and health officer of the ports of Savannah and St. Mary's."

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act in addition to the act, entitled 'An act to raise an additional military force, and for other purposes."

On motion, by Mr. LEIB, to strike out, section 1, lines 6 and 7, the words "one year," for the purpose of inserting a longer time, a division was called for, and, on the question to strike out, it was determined in the affirmative-yeas 19, nays 16, as follows:

YEAS-Messrs. Bayard, Bradley, Campbell of Ohio,

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Dana, Gaillard, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, and Smith, of Maryland.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell, of Tennessee, Crawford, Cutts, Franklin, Magruder, Posey, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.

On motion, by Mr. LEIB, to insert, in lieu of the words stricken out, the words "during the war," it was determined in the negative-yeas 15, nays 20, as follows:

YEAS-Messrs. Bayard, Bradley, German, Giles, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd. Pope, Reed, and Smith of Maryland.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Crawford, Cutts, Dana, Gaillard, Howell, Magruder, Posey, Robinson, Smith, of New York, Tait, Taylor, Turner, Varnum, and Worthington.

A message from the House of Representatives informed the Senate that the House have passed the bill which originated in the Senate, entitled "An act authorizing the admission, under certain circumstances, of vessels owned by citizens of the United States of America, with their cargoes, from British ports beyond the Cape of Good Hope, with amendments; in which they request the concurrence of the Senate. They have passed a bill, entitled "An act giving the right of preemption in the purchase of lands to certain settlers in the Illinois Territory," in which bill they also request the concurrence of the Senate.

FRIDAY, January 22.

Mr. SMITH, of Maryland, on behalf of the managers at the conference on the bill, entitled "An act in addition to the act concerning letters of marque, prizes, and prize goods," reported that, having met the managers on the part of the House of Representatives, they could come to no agree

ment.

Mr. TAIT asked and obtained leave to bring in a bill to revive and continue in force "An act declaring the consent of Congress to an act of the State of Georgia, passed the 12th of December, 1804, establishing the fees of the harbormaster and health officer of the ports of Savannah and St. Mary's." And the bill was read, and passed to the second reading.

The bill brought up yesterday for concurrence was read, and passed to the second reading.

The amendments of the House of Representatives to the bill, entitled "An act authorizing the admission, under certain circumstances, of vessels owned by citizens of the United States of America, with their cargoes, from British ports beyond the Cape of Good Hope," was read, and the consideration thereof postponed until to

morrow.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of John Dixon and John Murray," in which they request the concurrence of the Senate.

The bill last mentioned was read, and passed to the second reading.

JANUARY, 1813.

· ADDITIONAL MILITARY FORCE. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act in addition to the act, entitled 'An act to raise an additional military force, and for other purposes."

of the words stricken out, the words "five years,” On motion, by Mr. GERMAN, to insert, in lieu it was determined in the negative—yeas 15, nays 20, as follows:

YEAS-Messrs. Bayard, Bradley, German, Giles, Gilman, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, and Smith of Maryland.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Crawford, Cutts, Dana. Franklin, Gaillard, Howell, Magruder, Posey, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.

On motion. by Mr. SMITH, of Maryland, to fill the blank with the words "three years," it was determined in the negative-yeas 15, nays 20, as follows:

YEAS-Messrs. Bayard, Bradley, German, Giles, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, and Smith of Maryland.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Crawford, Cutts, Dana, Franklin, Gaillard, Howell, Magruder, Posey, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.

On motion, by Mr. CAMPBELL, of Ohio, to fill the blank with the words "eighteen months," it was determined in the negative—yeas 11, nays 24, as follows:

YEAS-Messrs. Bayard, Bradley, Campbell of Ohio, Crawford, Gaillard, Gilman, Gregg, Horsey, Howell, Leib, and Pope.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Tennessee, Cutts, Dana, Franklin, German, Giles, Goodrich, Hunter, Lambert, Lloyd, Magruder, Posey, Reed, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.

On motion, by Mr. SMITH, of Maryland, to strike out the 4th section of the bill, which provides that the officers, other than field officers. shall be appointed by the President, without the advice and consent of the Senate; and, on his motion, it was agreed to take the question by yeas and nays; and, after debate, the Senate adjourned.

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Mr. MAGRUDER, from the committee to whom was recommitted the bill for the relief of Lewis Chacherie, reported it amended.

The PRESIDENT Communicated the memorial of a number of citizens of the Mississippi Territory, praying all proceedings in Congress relative to the admission of the said Territory into the Union as an independent State, may for the present be postponed, for reasons stated at large in the memorial; which was read, and referred to the committee to whom was recommitted, on the 6th instant, the bill, entitled "An act to enable the people of the Mississippi Territory to form a constitution and State government, &c.," to consider and report thereon.

Mr. BIBB presented the memorial of John Tayloe, and others, praying a charter of incorporation to a company for the establishment of a bank in the City of Washington; and the memorial was

read.

SENATE.

cur in the amendment made in Committee of the Whole, to wit: to strike out of section one, lines six and seven, the words "one year," it was determined in the negative-yeas 16, nays 19, as follows:

YEAS-Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, and Smith of Maryland.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Howell, Magruder, Posey, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.

On the question, Shall this bill be read a third time as amended? it was determined in the affirmative-yeas 20, nays 14, as follows:

YEAS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Crawford, Cutts, Franklin, Gaillard, Howell, Magruder, Posey, Reed, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, and Worthington.

NAYS-Messrs. Bradley, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, and Smith of Maryland.

The bill to revive and continue in force "An act declaring the consent of Congress to an act of the State of Georgia, passed the 12th day of December, 1804, establishing the fees of the harbormaster and health officer of the ports of Savannah and St. Mary's," was read the second The following Message was received from the time. and referred to a select committee, to con- PRESIDENT OF THE UNITED STATES: sider and report thereon; and Messrs. TAIT, AN-To the Senate of the United States: DERSON, and BRADLEY, were appointed the com

mittee.

The bill, entitled "An act giving a right of pre-emption in the purchase of lands to certain settlers in the Illinois Territory," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. POPE ANDERSON, and BRADLEY, were appointed the committee.

The bill, entitled "An act for the relief of John Dixon and John Murray," was read the second

time.

Mr. GILES gave notice that, on Monday, he should ask leave to bring in a bill to alter the bounty authorized by law to recruits hereafter to be enlisted in the Army of the United States.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act in addition to the act, entitled An act to raise an additional military force, and for other purposes."

The motion made yesterday to strike out the 4th section of the bill was withdrawn; and, after debate, the PRESIDENT resumed the Chair, and Mr. ANDERSON reported the bill amended.

I transmit to the Senate a report of the Secretary of the Treasury, complying with their resolution of the 20th instant. JAMES MADISON.

JANUARY 23, 1813.

The Message and report were read, and ordered to be printed for the use of the Senate,

MONDAY, January 25.

The PRESIDENT Communicated the memorial

of a number of citizens of the Mississippi Territory, praying all proceedings in Congress relative the Union as an independent State may be postto the admission of the Mississippi Territory into poned, for reasons stated at large in the memorial; which was read, and referred.

The Senate resumed the consideration of the amendments of the House of Representatives to the bill, entitled "An act authorizing the admission, under certain circumstances, of vessels owned by citizens of the United States of America, with their cargoes, from British ports beyond the Cape of Good Hope." Whereupon,

Resolved, That they concur therein.

The Senate resumed, as in Committee of the

Whole, the consideration of the bill for the relief

On motion, by Mr. POPE, to strike out, in section one, the following words: "as in the opinion of the President may be necessary," it was determined in the negative-yeas 10, nays 24, as follows: of Lewis Chacherie, together with the amendment YEAS-Messrs. Dana, German, Giles, Gilman, Lam-reported thereto by the select committee. bert, Leib, Lloyd, Popo, Reed, and Smith of Maryland. and the amendment reported by the select comMr. VARNUM was requested to take the Chair, Nars-Messrs. Anderson, Bayard, Bibb, Bradley,

Brent, Campbell of Ohio, Campbell of Tennessee, mittee having been rejected, the PRESIDENT reCrawford, Cutts, Franklin, Gaillard, Goodrich, Hor-sumed the Chair; and, on the question, Shall sey, Howell, Hunter, Magruder, Posey, Robinson, this bill be engrossed and read a third time? it Smith of New York, Tait, Taylor, Turner, Varnum, was determined in the affirmative.

and Worthington.

On motion, by Mr. LEIB, that the Senate con

The amendment to the bill, entitled "An act in addition to the act, entitled 'An act to raise an

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