Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

"From this review of the multiplied wrongs of the British Government since the commencement of the present war, it must be evident to the impartial world, that the contest which is now forced on the United States, is radically a contest for their sovereignty and independence. Your committee will not enlarge on any of the injuries, however great, which have had a transitory effect. They wish to call the attention of the House to those of a permanent nature only, which intrench so deeply on our most important rights, and wound so extensively and vitally our best interests, as could not fail to deprive the United States of the principal advantages of their Revolution, if submitted to. The control of our commerce by Great Britain, in regulating, at pleasure, and expelling it almost from the ocean; the oppressive manner in which these regulations have been carried into effect, by seizing and confiscating such of our vessels, with their cargoes, as were said to have violated her edicts, often without previous warning of their danger; the impressment of our citizens from on board our own vessels on the high seas, and elsewhere, and holding them in bondage till it suited the convenience of their oppressors to deliver them up; are encroachments of that high and dangerous tendency, which could not fail to produce that pernicious effect; nor would these be the only consequences that would result from it. The British Government might, for a while, be satisfied with the ascendency thus gained over us, but its pretensions would soon increase. The proof which so complete and disgraceful a submission to its authority would afford of our degeneracy, could not fail to inspire confidence, that there was no limit to which its usurpations, and our degradation, might not be carried.

"Your committee, believing that the free-born sons of America are worthy to enjoy the liberty which their fathers purchased at the price of so much blood and treasure, and seeing in the measures adopted by Great Britain, a course commenced and persisted in, which must lead to a loss of national character and independence, feel no hesitation in advising resistance by force; in which the Americans of the present day will prove to the enemy and to the world, that we have not only inherited that liberty which our fathers gave us, but also the will and power to maintain it. Relying on the patriotism of the nation, and confidently trusting that the Lord of Hosts will go with us to battle in the righteous cause, and crown our efforts with success, your committee recommend an immediate appeal to arms."

On motion of Mr. Mitchell, the doors were then closed, and the House sat with doors closed the remainder of the day's sitting.

A motion was then made by Mr. Randolph that the proceedings upon the said Message of the President be had and conducted with open doors; and the question thereon being taken, it was determined in the negative – yeas 45, nays 77.

On motion of Mr. Calhoun, the said report was ordered to lie on the table.

Declaration of War

On a motion made, and leave given, Mr. Calhoun, from the same committee, presented a bill declaring war between Great Britain and her dependencies and the United States and their territories; which was read the first time; and opposition being made thereto by Mr. Randolph, the question was taken in the form prescribed by the rules and orders of the House, to wit: "Shall the bill be rejected?" And determined in the negative – yeas, 45, nays, 76.

The bill was then read the second time, and committed to a Committee of the Whole to-day.

The House resolved itself into a Committee of the whole House on the said bill; and, after some time spent therein, Mr. Speaker resumed the Chair, and Mr. Bassett reported that the committee had had the said bill under consideration, and made some progress therein, and had directed him to ask leave to sit again.

Ordered, That the Committee of the whole House have leave to sit again on the said bill.

And then the House adjourned until to-morrow morning eleven o'clock.

Thursday, June 4

A motion was made by Mr. Milnor that the doors of the House be now opened; and was determined in the negative.

The House then resolved itself into a Committee of the whole House on the bill declaring War between Great Britain and her Dependencies and the United States and their Territories; and after some time spent therein, the Speaker resumed the chair, and Mr. Bassett reported that the committee had had the said bill under consideration, and made no amendment thereto.

A motion was then made by Mr. Quincy to amend the said bill, by adding thereto a new section, as follows:

"Sec. – . And be it further enacted, That, from and after the passage of this act, the act, entitled 'An act concerning the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,' passed the first day of May, one thousand eight hundred and ten; and, also, the act, entitled 'An act supplementary to the act, entitled "An act concerning the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,"' passed the second day of March, one thousand eight hundred and eleven; and, also, the act, entitled 'An act laying an embargo on all ships and vessels in the ports and harbors of the United States for a limited time,' passed the fourth day of April, one thousand eight hundred and twelve, be, and the same hereby are, repealed."

A motion was thereupon made by Mr. Nelson, that the bill and the proposed amendment be recommitted to a Committee of the whole House:

And the question thereon being taken, it was determined in the negative.

The question was then taken on the amendment proposed by Mr. Quincy; and determined in the negative – yeas 42, nays 82.

No other amendment being proposed to the said bill, the question was taken that it be engrossed, and read the third time; and passed in the affirmative – yeas 78, nays 45, as follows:

Yeas. – Willis Alston, jr., William Anderson, Stevenson Archer, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findlay, James Fisk, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre, Peter Little, Wm. Lowndes, Aaron Lyle, Nathaniel Macon, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, George Smith, John Smith, William Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, Robert Wright, and Richard Wynn,.

Nays. – John Baker, Josiah Bartlett, Harmanus Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., George C. Maxwell, Archibald McBryde, Arunah Metcalf, James Milnor, Jonathan O. Mosely, Thomas Newton, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry Ridgely, William Rodman, Richard Stanford, Philip Stuart, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Ordered, That the said bill be read the third time to-day.

The said bill was engrossed, and read the third time accordingly, and the question stated that the same do pass: Whereupon, a motion was made by Mr. Randolph, that the farther consideration of the said bill be postponed until the first Monday in October next; and the question thereon being taken, it was determined in the negative – yeas 42, nays 81.

A motion was then made by Mr. Stow, that the farther consideration of the said bill be postponed until to-morrow; and the question thereon being taken, it was determined in the negative – yeas 48, nays 78.

A motion was then made by Mr. Goldsborough, that the House do now adjourn; and the question thereon being taken, it was determined in the negative – yeas 43, nays 82.

The question was then taken, that the said bill do pass; and resolved in the affirmative – yeas 79, nays 49, as follows:

Yeas. – Willis Alston, jr., William Anderson, Stevenson Archer, Daniel Avery, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findlay, James Fisk, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Boiling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Smith, William Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, Robert Wright, and Richard Wynn.

Nays. – John Baker, Josiah Bartlett, Harmanus Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Chas. Goldsborough, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., George C. Maxwell, Archibald McBryde, Arunah Metcalf, James Milnor, Samuel L. Mitchill, Jonathan O. Mosely, Thomas Newbold, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Thomas Sammons, Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Peleg Tallman, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Ordered, That the title be, "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories."

Mr. Macon and Mr. Findlay were appointed a committee to carry the bill entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to request their concurrence therein.

Thursday, June 18

Bill Declaring War

A confidential message was received from the Senate, by a committee of that body appointed for the purpose, consisting of Mr. Anderson and Mr. Varnum, notifying the House that the Senate have passed the bill, entitled "An act declaring War between Great Britain and her Dependencies, and the United States and their Territories," with amendments; in which they desire the concurrence of the House.

The House proceeded to consider the said amendments; when a motion was made by Mr. Sheffey, that the said bill and amendments be postponed indefinitely.

A motion was then made by Mr. Milnor, that the said bill and amendments do lie on the table; and the question thereon being taken, it passed in the affirmative – yeas 71, nays 46.

The House resumed the consideration of the amendments of the Senate to the aforesaid bill; when the question recurred on the motion of Mr. Sheffey, and, being taken, it was determined in the negative – yeas 44, nays 85, as follows:

Yeas. – John Baker, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., Archibald McBryde, James Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Daniel Sheffey, Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Nays. – Willis Alston, jr., William Anderson, Stevenson Archer, Daniel Avery, David Bard, Josiah Bartlett, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Lewis Condict, William Crawford, Richard Cutts, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefevre, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Nathaniel Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Smith, Wm. Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, Robert Wright, and Richard Wynn.

A motion was made by Mr. Randolph, that the said bill and amendments be postponed until the first Monday in October next. And the question thereon being taken, it was determined in the negative – yeas 49, nays 80.

A motion was then made by Mr. Randolph, that the said bill and amendments be postponed until the first Monday in July next. And the question thereon being taken, it was determined in the negative – yeas 51, nays 79.

The said amendments were then concurred in by the House. And Mr. Macon and Mr. Findlay were appointed a committee to inform the Senate of the concurrence of the House in the said amendments.

Mr. Crawford, from the Joint Committee for Enrolled Bills, reported that the committee had examined the said bill, and had found the same to be truly enrolled; when the Speaker signed the said bill, and the Committee of Enrollment were ordered to take it to the Senate, for the signature of their President.

Shortly after, Mr. Crawford, from the same committee, reported that the committee had presented the said bill to the President of the United States, for his approbation, and that they were instructed by the President to inform the two Houses that he had approved and signed the same.

On motion of Mr. Calhoun, the injunction of secrecy was removed from so much of the journals as relates to the President's Message of the 1st instant, with the proceedings thereon. And then the House adjourned until to-morrow morning, 11 o'clock.

Friday, June 19

Occupation of Florida

On motion of Mr. Troup,

Resolved, That the committee to whom was referred so much of the President's Message, at the commencement of the session, as relates to the Spanish American colonies, be instructed to inquire into the expediency of authorizing the President of the United States to occupy East and West Florida without delay.

And then the doors were opened.

Monday, June 22

On motion made, and leave given, Mr. Mitchill, from the committee appointed on that part of the President's Message, at the commencement of the session, which relates to Spanish American colonies, presented a bill authorizing the President of the United States to take possession of a tract of country lying south of the Mississippi Territory, of the State Georgia, and for other purposes; which was read the first time. When a question was taken whether the subject matter of the said bill required secrecy; and passed in the affirmative – yeas 71, nays 44.

The said bill was then read the second time, and committed to a Committee of the Whole to-morrow; and the doors were then opened.

Thursday, June 25

The House resolved itself into a Committee of the Whole on the bill authorizing the President to take possession of a tract of country lying south of the Mississippi Territory, of the State of Georgia, and for other purposes; and, after some time spent therein, the Speaker resumed the chair, and Mr. Lewis reported that the committee had had the said bill under consideration, and made an amendment thereto; which he delivered in at the Clerk's table, where it was again read, and concurred in by the House. The question was then taken that the said bill be engrossed, and read the third time; and passed in the affirmative – yeas 70, nays 48, as follows:

Yeas. – William Anderson, Stevenson Archer, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, William Butler, John C. Calhoun, Francis Carr, Matthew Clay, James Cochran, John Clopton, Lewis Condict, William Crawford, Richard Cutts, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, William Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, William McCoy, Alexander McKim, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Samuel Shaw, John Smilie, George Smith, John Smith, William Strong, John Taliaferro, George M. Troup, Charles Turner, jr., Robert Whitehill, David R. Williams, William Widgery, and Robert Wright.

Nays. – Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, Elijah Brigham, William A. Burwell, Epaphroditus Champpion, Langdon Cheves, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Aylett Hawes, Jacob Hufty, Richard Jackson, jr., Philip B. Key, Lyman Law, Joseph Lewis, jr., William Lowndes, Archibald McBryde, Jas. Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin jr., James Pleasants, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William M. Richardson, Henry M. Ridgely, William Rodman, Thomas Sammons, Adam Seybert, Daniel Sheffey, Richard Stanford, Philip Stuart, Lewis B. Sturges, Samuel Taggart, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson.

Ordered, That the said bill be read the third time to-day.

The said bill was engrossed, and read the third time accordingly: When a motion was made by Mr. Ridgely, that the same be postponed until Monday next; and the question being taken, it was determined in the negative.

The question was then taken that the said bill do pass; and resolved in the affirmative.

Ordered, That the title be, "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes."

Mr. Mitchill and Mr. Troup were appointed a committee to carry the said bill to the Senate, and inform them that this House have passed the same, in confidence, and request their concurrence therein; and the doors were then opened.

Friday, June 26

A motion was made by Mr. Randolph, that the injunction of secrecy imposed by this House on the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," together with the injunction of secrecy imposed upon the proceedings of the said bill, be taken off: and, on the question that the House do now proceed to the consideration of the said motion, it was determined in the negative.

A motion was then made by Mr. Ridgely, that the House do come to the following resolution:

Resolved, That the President of the United States be requested, if, in his opinion, it be compatible with the public interest, to lay before this House, confidentially or otherwise, full information of all the proceedings that have been had under and by virtue of the act of Congress, entitled "An act to enable the President of the United States, under certain contingencies, to take possession of the country lying east of the river Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes;" and also copies of all instructions that may have been issued by the Executive branch of this Government under the said act.

And on the question that the House do now proceed to the consideration of the said resolution, it passed in the affirmative – yeas 78, nays 38.

The question was then taken that the said resolution do pass; and resolved in the affirmative – yeas 58, nays 51.

Wednesday, July 1

Mr. Ridgely, from the committee appointed, on the 26th ultimo, to present a resolution to the President of the United States, reported that the committee had performed that service, and that the President answered, that a due attention should be paid to the subject.

Occupation of Florida

A Message was then received from the President of the United States, by Mr. Coles, his Secretary, who delivered in the same, and withdrew.

The Message was read, and is as follows:

To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives, of the twenty-sixth of June, I transmit the information contained in the documents herewith enclosed.

JAMES MADISON.

July 1, 1812.

The said documents were read; and the doors were then opened.

[The following letters, forming a part of the documents accompanying the above Message of the President of the United States, were ordered to be published by the House on the 6th instant.]

From the Secretary of State to General George Matthews and Colonel John McKee, datedDepartment of State,January 26, 1811.

The President of the United States having appointed you, jointly and severally, Commissioners for carrying into effect certain provisions of an act of Congress (a copy of which is enclosed) relative to the portion of the Floridas situated to the east of the Perdido, you will repair to that quarter with all possible expedition, concealing from general observation the trust committed to you, with that discretion with which the delicacy and importance of the undertaking require.

Should you find Governor Folch, or the local authority existing there, inclined to surrender, in an amicable manner, the possession of the remaining portion or portions of West Florida now held by him in the name of the Spanish Monarchy, you are to accept, in behalf of the United States, the abdication of his, or of the other existing authority, and the jurisdiction of the country over which it extends. And, should a stipulation be insisted on for the redelivery of the country, at a future period, you may, engage for such redelivery to the lawful sovereign.

The debts clearly due from the Spanish Government to the people of the Territory, surrendered, may, if insisted on, be assumed within reasonable limits, and under specified descriptions, to be settled hereafter as a claim against Spain in an adjustment of our affairs with her. You may also guarantee, in the name of the United States, the confirmation of all such titles to land as are clearly sanctioned by Spanish laws; and Spanish civil functionaries, where no special reasons may require changes, are to be permitted to remain in office, with the assurance of a continuation of the prevailing laws, with such alterations only as may be necessarily required in the new situation of the country.