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

Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of authorizing the Recorder of Land Titles for the Territory of Missouri to receive testimony in all the claims to land in which none has been adduced, and which are rejected in the report made by the late board of Commissioners for ascertaining and adjusting the titles and claims to land in the then district of Louisiana, now Territory of Missouri; and, afterwards, to arrange into classes, according to their respective merits, as well the claims embraced by this resolution, as the other rejected claims mentioned in said report, and made abstracts containing the substance of the evidence in support of such claims, and such other information and remarks as may be necessary to a proper decision thereon, and report on said claims to the General Commissioner of the Land Office; and that said committee have leave to report by bill, or otherwise.

Resolved, That said committee be instructed to inquire into the expediency of granting the right of pre-emption to actual settlers on the public lands in the said Territory of Missouri; and that said committee have leave to report by bill, or otherwise.

The resolutions were then agreed to.

Monday, January 18

Two other members, to wit: from Massachusetts, Peleg Taliman; and from Pennsylvania, William Piper, appeared, and took their seats.

Encouragement to Privateer Captures

The House resolved itself into a Committee of the Whole on the bill "relating to captures."

[The bill provides that compensation shall be allowed to the officers and crews of our public vessels, for vessels of the enemy necessarily destroyed at sea after their capture.]

Mr. Bassett stated to the House the considerations by which the Naval Committee had been induced to report this bill. It grew more immediately out of the case of the Guerriere destroyed by the Constitution – a case precisely in point. Such a principle as that which the bill proposed, he believed, had been engrafted in the British service. It was at least required by equity and sound policy, where the public service required the destruction of a vessel for fear of recapture by the enemy in its disabled state, that some compensation should be made to the captors in lieu of that which would have accrued from the sale of the vessel had it been brought into port.

Mr. H. Clay (Speaker) spoke in opposition both to the principles and details of the bill. He was disposed to believe the principle unprecedented in any other country; but even if it were not, he thought it ought not to exist in this country. It would have the effect to make it the interest of the captor, unless the vessel should be immediately on the coast, or in the very mouth of our rivers, to destroy the captured vessel. On consulting the underwriters, gentlemen would find the premium required on bringing in a vessel of any description from any considerable distance, would be equal to one-half her value; and, as proof of it, Mr. C. instanced the high insurance even from Charleston and New Orleans, along our own coast, to a northern port. The strongest possible temptation would, therefore, be offered by giving half the value of the destroyed vessel to the captors in case of her destruction. Mr. C. moved to strike out the first section of the bill.

Mr. Bassett replied to Mr. Clay, and defended the bill, on the ground of expediency and of precedent. In the British nation, he said, rewards were always liberally bestowed on skill and valor, and they must always be by every country that wishes to encourage these qualities in its citizens. The principle did exist in the British service, not by statutory, but by admiralty regulations; and in all such cases rewards had been liberally dispensed.

Mr. Bacon opposed the bill as inexpedient and unprecedented. To show that it went beyond the British legal provisions in that respect, he quoted a statute of that nation which allows to the captors of vessels so destroyed, as the bill contemplates, a bounty of five pounds for every man found alive on board said captured vessels, the aggregate to be equally distributed among the crew of the captors. Further, he believed, that Government had not gone.

Mr. Cheves on this remarked, that every encouragement was afforded to British naval officers, by their Government, as well by promotions to higher office and to nobility, &c., which were not known in this country, as by pecuniary rewards and pensions, not in all cases by statutory, but by Executive sanctions. He was disposed to be liberal to our officers, to foster our rising navy. But, though friendly to the principle, he objected to the particular details of the bill, which he thought susceptible of modifications which would be better made in select committee than in the House. He, therefore, moved that the committee rise.

Mr. Quincy objected to the principle of the bill, which he thought fundamentally questionable. He was for providing specially by statute for each case after its occurrence, where the circumstances of the case required an exercise of liberality by Congress, and to legislate generally for future occurrences.

The committee then rose, reported progress, and were refused leave to sit again; and,

On motion of Mr. Cheves, the bill was recommitted to the Naval Committee.

Tuesday, January 19

Privateer Pensions

The House then resolved itself into a Committee of the Whole, on the bill regulating pensions to persons on board private armed ships.

[This bill directs that the two per cent. reserved in the hands of consuls and collectors, in pursuance of an act of June last, respecting private armed vessels, &c., be paid into the Treasury, to constitute a fund for pensions to persons disabled on board private armed vessels, of the mode and degree of which disability the log book of each vessel is to be evidence.]

Mr. Burwell moved to strike out the vital section of the bill, with a view to try the principle. In support of the motion, he remarked that he conceived it improper to adopt a principle so extremely liable to abuse as this, especially when pensions had been refused to at least equally meritorious sufferers during the Revolution. The evidence which the log book of a vessel would afford, would be so very liable to error, and so indefinite, as not to be entitled to that conclusive weight given to it by the bill. The proper course, he conceived, would be, to leave the subject open to the annual disposition of Congress; which was now the case with certain other pensions.

Mr. Bassett stated, in reply, that, at the last session, two per cent. having been reserved from the wages of the seamen on board private armed vessels, for the avowed and declared purpose of constituting a fund for pensions to the wounded, this bill now merely indicated the mode of carrying this provision into effect. The money had been reserved by the collectors and consuls, and as it was never the intention of Congress to make them a present of it, it remained for Congress to direct the mode of its distribution. If the principle was incorrect, it ought to have been objected to when the pledge was given by the House last session on the subject.

The question on striking out the section was negatived by a very small majority; and the committee rose and reported the bill.

Mr. Stow made a motion going to confine the pensions allowed by the bill to such as should be disabled in actual service, and spoke in support of his motion.

Mr. McKim opposed the motion. The services rendered by the privateers were valuable to the country and ought to be encouraged. The duties on prize goods, he said, brought into the port of Baltimore alone, had amounted to three hundred and fifty-four thousand dollars. This showed the importance of this system in a pecuniary point of view.

Mr. Stow questioned the benefit rendered to the public interest by privateering, and said he was in favor of letting this fund accumulate, and first see whether there was sufficient to pension those having received known wounds in action, before they agreed to extend it to all casualties on board private armed vessels.

Mr. Little asserted the utility of privateers and their efficiency as a means of annoying the enemy, He bore testimony to the bravery they had displayed in all conflicts with the enemy, and to the injuries they had inflicted on his commerce. The enterprising individuals concerned in it ought to be encouraged; for, by the impediments to the prosecution of their enterprise, many had been already discouraged and had dismantled their vessels. If properly encouraged, they would scour every sea, however distant, and ransack every port and harbor in search of the enemy. He was in favor of exhibiting the most liberal disposition towards them.

Considerable further debate took place on the amendment, which was at last agreed to by a very small majority.

Mr. Rhea subsequently moved to recommit the bill to the same committee which reported it, for the purpose of amendment; and the bill was recommitted.

Wednesday, January 20

Astronomical Observatory

Mr. Mitchill, from the committee to whom was referred the memorial of William Lambert, and the report made thereon by the Secretary of State at the last session, presented a bill authorizing the establishment of an Astronomical Observatory; which was read twice, and committed to a Committee of the Whole on Friday next.

The report is as follows:

On the 27th December, 1809, Mr. Lambert addressed the House of Representatives upon the expediency of establishing a first meridian for the United States at their permanent seat of Government. This was ordered for consideration to a select number of gentlemen, who, on the 28th March, eighteen hundred and ten, laid upon the table an able and learned opinion, accompanied with scientific calculations illustrative of the object. They concluded their investigation by recommending that provision should be made, by law, for determining, with the greatest accuracy, the distance between the City of Washington and Greenwich in England, and that the proper instruments should be procured.

Afterwards, on the 23d January, 1811, the memorial was referred to a select committee; and, on the 23d of the ensuing February, that committee was discharged, and the memorial referred to the Secretary of State for his consideration.

Conformably to the desire of the House, that officer wrote to the Speaker a letter which, after having been read, on the third day of July, 1812, was ordered to lie on the table. That letter was, on the 8th December last, ordered to the present committee, who have diligently weighed the matters which it contains.

It is their opinion that astronomical observations are highly useful to a navigating and commercial people, already eminent for their progress in science and the arts, and who are laboring for the completion of their national dignity and splendor.

The most ready method of obtaining the information to be derived from noting the phenomena of the heavens, is by the establishment of an observatory. This may be erected at the city of Washington. By such an institution, means may be adopted not only to fix the first meridian, but to ascertain a great number of other astronomical facts and occurrences through the vigilance of a complete astronomer.

Thursday, January 21

The House met with closed doors; and, after being opened, another member, to wit, from New York, Peter B. Porter, appeared, and took his seat.

Friday, January 22

Encouragement to Privateers

The House again resolved itself into a Committee of the Whole on the report of the Committee of Ways and Means on the petitions of Joshua Barney and Stephen Kingston.

The resolution, reported by the Committee of Ways and Means, "that it is inexpedient to legislate upon the subject of the petitions," was disagreed to; and the following was reported to the House as a substitute thereto:

"Resolved, That any right or claim of the United States to British property which may have been captured by American privateers, arising from forfeiture under any provision of the non-importation acts, ought to be relinquished for the benefit of the captors."

The question on the original resolution was also disagreed to by a vote of the House. For disagreeing 61, against it 47.

And the resolution proposed in Committee of the Whole as a substitute, was, as stated above, agreed to; and was referred to the Committee of Ways and Means to bring in a bill in pursuance thereof.

Impressed Seamen

The following Message was received from the President of the United States:

To the Senate and House of

Representatives of the United States:

I transmit, for the information of Congress, copies of a correspondence between John Mitchell, Agent for American Prisoners of War at Halifax, and the British Admiral commanding at that station.

I transmit for the like purposes copies of a letter from Commodore Rodgers to the Secretary of the Navy.

January 22, 1813.

JAMES MADISON.Extract of a letter from John Mitchell, Esq., Agent for American Prisoners of War at Halifax, to the Secretary of State, dated"December 5, 1812.

"I cover you a copy of a correspondence, which took place in consequence of different applications I received, either by letter or personally, from persons detained on board His Britannic Majesty's ships of war in this place.

"I formerly mentioned to you that the Admiral had assured me that he would discharge all the citizens of the United States who were in the fleet, and actually did discharge several. This induced me to think I should be correct, and in the perfect line of my duty, in sending him a list of the applicants to me, and requesting an inquiry to be made, and discharges granted to all who were citizens of the United States; I, therefore, covered him a list of the names now enclosed to you, which produced his letter to me of the same date, (December 1, 1812.)

"I read it with surprise, because some of the men had informed me their captains had refused to report them to the Admiral. Now, if no one here was, or is, allowed to do it, their situation is hopeless.

"It is not my place, sir, to reason with you on this business. Proof of Nativity, in his first letter, is a strong expression; and how few are in possession of it, and how many who cannot obtain it.

"The second paragraph, in the second letter, prevents my interfering; and I have since been obliged to send a man away, requesting him to apply to his commanding officer."

Copy of a letter from John Mitchell, Esq., Agent for American Prisoners of War at Halifax, to Sir John Borlase Warren, datedDecember 1, 1812.

Sir: Since the sailing of the last cartels, in which you were pleased to send home several Americans, who had been in His Britannic Majesty's service, others who are now on board of the Centurion and Statira have requested of me to procure their discharge, and to be sent home.

Will you, sir, have the goodness to direct an inquiry, and order the release of such as are citizens of the United States?

Besides the enclosed list, I am told there are others whose names I have not.

I have the honor to be, &c.,

JOHN MITCHELL, Agent.Copy of a letter from Admiral Sir John Borlase Warren, to John Mitchell, Esq., Agent for American Prisoners of War at Halifax, datedDecember 1, 1812.

Sir: I have the honor to acknowledge the receipt of your letter of this date, respecting some men, therein mentioned, on board His Majesty's ships under my command, said to be citizens of the United States, and in reply, beg to acquaint you, that whenever I have received representations from the captains of His Majesty's ships of any part of their crews being citizens of America, with sufficient proof of their nativity, I have directed their discharge from the service.

I must observe to you that I cannot permit the interference of any applications from men belonging to His Majesty's ships, but through their commanding officers: and in your department, of prisoners of war only, I shall at all times be most happy to receive your communications.

I have the honor to be, &c.,

JOHN B. WARREN.Copy of a letter from John Mitchell, Esq., Agent for American Prisoners of War at Halifax, to Admiral Sir John Borlase Warren, datedDecember 3, 1812.

Sir: I had yesterday the honor to receive your letter, dated the 1st instant, in which you observe that you cannot permit the interference of any application from men on board of His Britannic Majesty's ships of war, but through their commanding officers.

Desirous of conforming as far as possible to established regulations, permit me the honor to inquire of your Excellency, if by your letter I am to understand that I am not to receive the applications of seamen declaring themselves citizens of the United States, who are on board of His Majesty's ships of war, and communicate the same to you? If this is the meaning, I shall most certainly conform, though I must lament the regulation.

I have the honor to be, &c.,

J. MITCHELL, Agent, &c.Copy of a letter from Admiral Sir John Borlase Warren, to John Mitchell, Esq., Agent for American Prisoners of War at Halifax, datedDecember 4, 1812.

Sir: In reply to your letter, dated yesterday, I have to acquaint you that whenever any address is made relative to men on board His Majesty's ships, it must be by the commanders of such vessels direct.

I cannot permit any application by other persons in time of war, but in the above mode.

It will always afford me pleasure to attend to your wishes in any respect relative to the situation or exchange of prisoners, or to afford any aid or relief in my power. I have the honor to be, &c.,

JOHN B. WARREN.From Commodore Rodgers to the Secretary of the NavyU. S. Frigate President,Boston, Jan. 14, 1813.

Sir: Herewith you will receive two muster books, of His Britannic Majesty's vessels Moselle and Sappho, found on board the British packet Swallow.

As the British have always denied that they detained on board their ships of war American citizens, knowing them to be such, I send you the enclosed, as a public document of their own, to prove how illy such an assertion accords with their practice.

It will appear by these two muster books that so late as August last, about an eighth part of the Moselle and Sappho's crews were Americans; consequently, if there is only a quarter part of that proportion on board their other vessels, that they have an infinitely greater number of Americans in their service than any American has yet had an idea of.

Any further comment of mine on this subject, I consider unnecessary; as the enclosed documents speak but too plainly for themselves. I have the honor to be, &c.,

JOHN RODGERS.

Hon. Paul Hamilton, Secretary of the Navy.

The Message and documents were read, and referred to the Committee of Foreign Relations.

Tuesday, January 26

Treasury Notes

On motion of Mr. Cheves, the House resolved itself into a Committee of the Whole on the bill reported by the Committee of Ways and Means authorizing the issuing of Treasury notes for the service of the year 1812.

[The bill authorizes the President of the United States to cause to be issued Treasury notes to the amount of five millions of dollars, and also, if he shall deem it expedient, to issue a further amount, not exceeding five millions of dollars, provided the amount issued under the latter provision shall be deemed and held to be in part of the loan of sixteen millions of dollars authorized by the bill passed this day. The notes to bear interest at the rate of five and two-fifths per cent. per annum, to be redeemed one year after the day on which they are respectively issued.]

The bill having been read through by sections, and no objection having been made thereto, the committee rose and reported it.

The bill was ordered to be engrossed for a third reading without division; and then the House adjourned.

Friday, January 29

A new member, to wit, from New York, Thomas P. Grosvenor, elected to supply the vacancy occasioned by the resignation of Robert Le Roy Livingston, appeared, produced his credentials, was qualified, and took his seat.

Grant to Daniel Boone

Mr. Hempstead, from the committee to whom were referred the petition of Daniel Boone, and the resolutions of the Legislature of Kentucky in his behalf, made a report; which was read twice, and committed to a Committee of the Whole on Monday next.

Territory of Missouri

Mr. McKee, from the select committee which was directed to inquire into the propriety of amending the act for the government of the Missouri Territory, reported against any amendment. The report is as follows:

That they have had the subject to them referred under their consideration, and have examined the act above recited. The principal difficulty suggested to the committee, occurring in the execution of the law, appears to relate to the election of a delegate to represent the interest of the Territory in the Congress of the United States. By the first clause of the 6th section of the act it is provided "that the House of Representatives shall be composed of members elected every second year, by the people of the said Territory, to serve for two years." By the 13th section of the said act it is also provided "that the citizens of the said Territory entitled to vote for Representatives to the General Assembly thereof, shall, at the time of electing their Representatives to the said General Assembly, also elect one delegate from the said Territory to the Congress of the United States." It also appears that an election was held in pursuance of the act on the second Monday of November last, when a delegate was elected. It appears that doubts have been entertained whether the delegate thus elected can legally hold his seat after the 3d day of March next, and an alteration of the law has been suggested as necessary to obviate the difficulty. It seems to the committee that the first clause of the 6th section, and the 13th section of the act, taken together, leaves no room for doubt, but evidently fixes the period for which the delegate may hold his seat at two years from the second Monday of November last; and it follows, as a necessary consequence, that the delegate elected in pursuance of the law, and for the term of two years, cannot be deprived of his right to a seat by any subsequent law.

It also appears to the committee that the Territorial Legislature are furnished, by the 7th section of the act, with competent power to change the time of holding elections so as to obviate any difficulty that may occur in the subsequent elections of a delegate.

The committee, therefore, recommend the following resolution:

Resolved, That the act entitled "An act providing for the government of the Territory of Missouri," requires no amendment.

By Benjamin Howard, Governor of the Territory of Louisiana, Commander-in-Chief of the Militia thereof, and Superintendent of Indian Affairs, in and over the same:

A PROCLAMATION

In discharge of those duties enjoined on the Governor of this Territory by an act of the Congress of the United States of America, approved the 4th of June, 1812, entitled "An act providing for the government of the Territory of Missouri," I have made the following arrangements, preparatory to the new organization of Government to be instituted by the said act, and which will commence its operation on the first Monday in December next; that is to say;

I have divided the future Territory of Missouri into five counties, excluding from the civil jurisdiction of each of said counties any tract or tracts of country which may fall within their respective general limits, as hereinafter set forth, the Indian title to which may not have been extinguished.

That portion of territory situated north of the Missouri River, and usually known by the name of the Forks, as lying between that river and the river Mississippi, shall compose one county, and be called the county of St. Charles.

That portion of territory bounded by the Missouri river on the north; by the Mississippi on the east; on the south by the Platin creek, from its mouth to its source; thence by a west line to the Missouri river, or to the western boundary of the Osage purchase; and on the west, by the said western boundary of the Osage purchase, shall compose one other county, and be called the county of St. Louis.