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

That portion of territory bounded by the county of St. Louis on the north; on the east by the Mississippi; on the south by Apple creek, from its mouth to its source; thence by a due west line 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. Genevieve.

That portion of territory bounded on the north by the south limit of the county of St. Genevieve; east by the Mississippi; west by the western boundary of the Osage purchase; and south by that line which formerly separated the commanders of Cape Girardeau and New Madrid, and known more recently as the boundary between these two districts, shall compose one other county, and be called the county of Cape Girardeau.

That portion of territory bounded north by the south limit of the county of Cape Girardeau; east by the Mississippi; south by the 33d degree of north latitude, (the southern boundary of this Territory as settled by act of Congress;) west by the western boundary of the Osage purchase; and from the southern extremity thereof to the 33d degree of north latitude aforesaid, shall compose one other county, and be called the county of New Madrid.

And I do hereby make known and declare that elections of Representatives, to serve in the General Assembly of the future Territory of Missouri, shall be holden throughout the Territory, on the second Monday of November next, at the respective seats of justice of the present districts, which are hereby declared to be the seats of justice for the several future counties respectively except that the town of New Madrid shall be the seat of justice of the future county of New Madrid, which said future county will comprehend the present districts of New Madrid and Arkansas; to wit: at the town of St. Charles for the future county of St. Charles, at which time and place there will be chosen for the said county two Representatives. At the town of St. Louis for the future county of St. Louis, at which time and place there will be chosen four Representatives. At the town of St. Genevieve for the future county of St. Genevieve, at which time and place there will be chosen for the said county three Representatives. At the town of Cape Girardeau for the future county of Cape Girardeau, at which time and place there will be chosen for the said county two Representatives. And at the town of New Madrid for the future county of New Madrid, at which time and place there will be chosen for the said county two Representatives.

And I do, moreover, make known and declare that on the said second Monday of November next, an election will also be holden, at the several seats of justice aforesaid, for a Territorial delegate to the Congress of the United States. And I do enjoin and require that these elections be holden by the sheriffs of the present districts, or in their absence, or inability to act, by the coroners respectively; that the said sheriffs or coroners shall take the polls of those qualified to vote; that the clerks of the courts of the present districts, or their deputies, shall respectively write down the names of the voters in a fair and legible manner, and that the presiding judges of the courts of the present districts respectively, or in case of absence, or inability to act, the next in commission shall attend, and be judges of the qualification of the voters; that the said elections shall be opened at the respective seats of justice aforesaid, at or before 9 o'clock in the morning of the said second Monday of November, and close at sunset of that day.

And the sheriffs or coroners respectively, after having caused the proces-verbal of said polls to be signed by the clerks or their deputies, who may have respectively committed the same to writing, and countersigned by the judges respectively who may have attended the elections, will themselves certify the same, explicitly stating, at large, the names of the persons elected as Representatives, and the name of the person having the greatest number of votes as a delegate to Congress, and make immediate return thereof to the Governor of the Territory.

And I do, lastly, enjoin and require, that the Representatives of the several future counties, so as aforesaid to be elected, do convene in the town of St. Louis on the first Monday in December next, as provided by the act of Congress aforesaid.

In testimony whereof, I have caused the seal of the Territory of Louisiana to be hereunto affixed. Given under my hand, at the town of St. Louis, the first day of October, in the year of our Lord one thousand eight hundred and twelve, and of the independence of the United States of America the thirty-seventh.

BENJAMIN A. HOWARD.

For the information of the people who are called on to decide the right of suffrage by the Governor's proclamation, we have inserted below that part of the law which defines the qualification as well of the Representative as of the voter.

"No person shall be eligible or qualified to be a Representative, who shall not have attained to the age of twenty-one years, and who shall not have resided in the Territory one year next preceding the day of election, and who shall not be a freeholder within the county in which he may be elected; and no person holding an office under the United States, or an office of profit under the Territory, shall be a Representative. In case of vacancy, by death, resignation, or removal or otherwise of a Representative, the Governor shall issue a writ to the county wherever a vacancy may be as aforesaid, to elect another person to serve the residue of the term. That all free white male citizens of the United States above the age of twenty-one years, who have resided in said Territory twelve months next preceding an election, and who shall have paid a territorial or county tax, assessed at least six months previous thereto, shall be entitled to vote for Representatives to the General Assembly of said Territory."

The report was ordered to lie on the table.

Arming and Classing the Militia

The House resumed the consideration of the bill supplementary to the act for arming the militia, and for classing the same.

Mr. Fitch moved to strike out all that part of the bill which provides for the classing the militia of the United States.

Mr. Ely said that he was totally opposed to the classification of the militia; that it had been pressed upon us from year to year, by gentlemen from the Southern section of the Union, he knew not why; that he thought the effects of the measure in rendering the militia efficient, for constitutional purposes, were very trifling and unimportant. From some cause or other, the militia in the Southern States are very little improved, and gentlemen seemed to imagine that classification was to supply the place of arms, of organization, of discipline, of every thing. This would not prove to be the case. He said that the laws heretofore made had proved in the Northern States, particularly in Massachusetts, abundantly sufficient to answer all the purposes of forming an efficient militia; but they have been followed up by State regulations which had been enjoined by penalties sufficiently severe. These, he had understood, had been in a great measure neglected in the South, and this was the reason that the militia were so imperfect; and if the States would not enforce those laws, he had no idea they would enforce this. The sums expended on the militia in Massachusetts, both from the public treasury and by private individuals, is very great – that State has furnished more than sixty artillery companies, with their pieces, ammunition carriages, and every thing appurtenant to them, complete; the artillery and cavalry are completely uniformed and equipped, and are required so to be by law; for the greater part, the infantry are in uniform complete, are well armed, and are equal in all respects to any militia in the world. That this classification would add to their burdens, and they had already burdens enough; that it would be an insidious thing, and so considered by the militia, and go to destroy the harmony of the militia corps. That if gentlemen in the South thought it would be useful, let their State governments, who were the best judges, adopt as much of it as they pleased. No one would object to that, if they did not interfere with existing regulations. All will acknowledge that the State Governments have it in their power, and it has been, in some form or other, exercised by some of the States, and particularly by Pennsylvania – this measure will interfere with their favorite mode. He said he was disposed to have the militia in the South improved, but he prayed gentlemen not to adopt a measure calculated to injure one part of the militia, more than it would benefit the other; he hoped the provisions for classing the militia would be stricken out of the bill.

Mr. Williams and Mr. Stow opposed the motion.

The question was decided by yeas and nays: For striking out 58, against it 65.

The bill was then ordered to be engrossed for a third reading.

Saturday, January 30

A new member, to wit, from North Carolina, William Kennedy, elected to supply the vacancy occasioned by the death of Gen. Thomas Blount, appeared, was qualified, and took his seat.

Constitution and Guerriere

The engrossed bill providing compensation to Captain Hull, and the officers and crew of the frigate Constitution, for the capture and destruction of the British frigate Guerriere, was read a third time.

[The bill authorizes a grant of $50,000.]

Mr. McKee opposed the passage of the bill, on the ground that the President has no authority to expend the public money in gratuitous grants to individuals.

Mr. Sawyer stated, that he wished to make some remarks in reply to Mr. McKee, but, from the lateness of the hour, and an indisposition with which he was oppressed, it was not now in his power. He therefore moved an adjournment, which was carried – ayes 54.

Monday, February 1

Mr. Seaver presented a petition of Benjamin Waterhouse, medical doctor, of Boston, stating that he is willing, and wishes to undertake the inoculation of the army of the United States with the "kine-pock inoculation," and praying the aid and patronage of Congress in that undertaking. – Referred to the Committee on Military Affairs.

Constitution and Guerriere

The House resumed the order of the day on the bill making compensation to the officers and crew of the Constitution for the destruction of the frigate Guerriere. The bill being on its third reading —

Mr. Sawyer spoke in support of the bill, and in reply to Mr. McKee.

Mr. Dawson. – Mr. Speaker: The bill which is now on your table, and which I hope will soon receive your signature, was drawn from a resolution, or rather the part of a resolution which I had the honor to offer you at the very commencement of the session.

When I offered you that resolution, I did hope, and I did believe, that it would have received the immediate attention and unanimous approbation of this House; that regardless of those punctilios which too often shackle the best intentions, and do injury to the best causes, and in compliance with the sentiments and feelings of the nation, we should have immediately expressed our own, thereby giving force to that expression, and have rendered that tribute which is justly due to undaunted valor, and to modest merit; that we should have declared our admiration, and the high sense we entertain of the gallant conduct of the defenders of their country's flag, and the defenders of her rights, and while we gave to some testimonials of our approbation, we should have yielded to all that which is justly due.

In this expectation I have been wofully disappointed; doubts, difficulties, and delays have taken place; commitment has succeeded commitment, and so many amendments, or rather alterations, have been made to the original resolution, that I can scarcely call it my own; it has received the fostering care of so many stepfathers that I am almost constrained to disown it as illegitimate; but as it is natural to protect that which we call "our own," although all the features do not please us, so I shall vote for that bill although all its provisions do not please me.

Some gentlemen, with a liberality which I neither envy, nor shall I imitate, are willing to load those brave tars with all the praise, with all the applause, which the pride of language can bestow, or which a resolution written on paper gilded with gold can confer; and, becoming their own judges, they think that ample compensation for all the hardships they have suffered, for all the dangers they have encountered, for all the wounds they have received. With all the respect which I feel for these honorable gentlemen, and the high value which I set on their good opinion, I do not think it ample compensation to the brave and indigent tars who have boldly fought your battles, and generously sacrificed their interest for your good; they merit some more substantial stuff than air; they have acquired for you, sir, they have given to your enemy, something more substantial.

Others there are, who are well pleased to bestow on the brave officers who have distinguished themselves, some testimonials of our approbation – some insignia of their merit. With these gentlemen I most perfectly agree, and most cordially voted in favor of the bill for that purpose. But, while I remember the gallant captain who proudly steps the quarterdeck, I will not forget the sailor boy, "who whistles o'er the lee," or the aged mariner who fathoms the deep, and on whom, when the battle rages, danger has no more effect than the foaming surge which surrounds him has on the hard rock, when it dashes and breaks against its side; they all, sir, are entitled to your applause and gratitude; they all demand your justice; and to render that justice is the object of the bill now on your table, as I will presently show, and which had it passed at an earlier period of the session, as I did expect it would, your "Constellation" would not have lain for weeks within your view for the want of men, and is still, I believe, in your waters, but would long since have been at sea, and would have added new trophies to those already won.

The Secretary of the Navy, I mean the late Secretary, in whose veracity and integrity I have the highest confidence, who carries to his retirement the best wishes of my heart, and under whose auspices this gallant exploit was achieved, and Commodore Hull, whose disinterestedness seems only equalled by his valor, have informed us that "the Guerriere" when she went into action was worth two hundred thousand dollars, and that she had articles on board to the value of one hundred thousand dollars. She was one of the finest frigates in the British navy, well manned, and commanded by one of their most experienced and gallant captains! This ship, our frigate, "the Constitution," of equal force, attacked, vanquished, and captured, after a short, though one of the most brilliant actions recorded in the naval history of any country; thereby giving certain presages of future glory, and a character to our rising navy, coeval almost with its existence, and setting an example which other officers and crews, equally emulous of fame, have since imitated, and have obtained the same laurels, which will never fade.

Agreeably to the act for the better government of the Navy of the United States, the ship, with all articles on board her, became their prize; they might have used it to their best advantage; they might have brought her into port, and divided the whole among themselves; but apprehensive that from the crippled state of the prize she might again fall into the hands of your enemy; nay, sir, that your own frigate might be endangered in protecting and convoying her, they with that liberality, with that magnanimity which marks the character of the sailor, determined to destroy her, thereby sacrificing their interest for your good.

And here, Mr. Speaker, let me ask what other class of men in our society can you find who would have acted thus nobly? I fear, sir, we shall search for them in vain. I am sure, sir, that we shall not find them among those who daily violate your laws, relieve your enemy of his surplus manufactures, or supply him with your provisions, and then come here and receive indemnification, remission for the crimes which they have committed.

And, sir, what is the mighty boon which these brave and indigent tars ask from you? or rather was it that I, in the name of justice, demanded for them? – it is one-sixth part in value of that property – of their property, which they have sacrificed for your good, rather than it should fall into the hands of your enemy. And will you refuse it? No, you will not, you cannot, you dare not. You will not, because every consideration of policy, and the best interest of our country, forbid it; you cannot, because every feeling which ennobles the human heart, and I think I know yours, forbids it; you dare not, because justice forbids it; and you dare not do an act so flagitious.

Mr. Speaker, during the very lengthy discussions which have taken place in this session, I have remained silent in my seat; this has not arisen from a supineness of disposition, or from an inattention to the public business, or the public welfare, but in the hope, that when gentlemen had exhausted all their eloquence, they would have permitted us to progress, and to place our country in the situation demanded by the crisis; and I should have indulged that disposition which I have to be silent, had not an attempt been made to deprive the brave and needy tars of that which is justly due to them; but under these circumstances I could not restrain my feelings, and have to regret that I cannot give to them that utterance which the occasion calls for.

[The argument against this bill was, that it would be setting a precedent which would be considered authoritative in future cases; that it was giving a donation for an act of duty only, though gallantly performed. It was rewarding a service, which, had it been rendered on land, would have received no remuneration, as experience had proved in the case of the Tippecanoe expedition; and that it was contrary to justice to confer pecuniary rewards on one class of our citizens in exclusion of others. In favor of the bill it was stated that the captured vessel, if she had been brought into port, would have produced six times the amount now proposed to be allowed to her; and that the captors ought not to incur a total loss from the destruction of the vessel, which the fear of her falling into the hands of the enemy had rendered necessary to the public service. It was urged, that if any city in the United States had to legislate on this subject, five times as much would have been awarded as is now proposed. All the gentlemen who spoke, offered the tribute of their respect to the gallantry and conduct of the officers and seamen of our public vessels.]

The question on the passage of the bill was decided in the negative – yeas 55, nays 59.

Wednesday, February 3

Virginia Military Bounty Lands

The House then proceeded to consider the report of the Committee of the Whole on the report of the select committee touching the claims of the officers and soldiers of the Virginia line of the Revolutionary army to military bounty lands.

The question was then taken to concur with the Committee of the whole House in their disagreement to the resolution recommended by the select committee, which is as follows:

Resolved, That provision should be made for securing to the officers and soldiers of the Revolutionary army of Virginia, on State establishment, in the land or sea service of the said State, the bounty lands which were promised to them, either by a law or resolution of the said Commonwealth, out of the lands not otherwise appropriated, and lying on the northwest side of the river Ohio, within the Virginia cession, to be of good quality, according to the true intent and meaning of the promises made on the part of Virginia, and that, if a sufficiency of good land within the meaning of the aforesaid engagement cannot there be found, that their bounties shall be satisfied out of any other public land of the United States, not heretofore otherwise appropriated:

And was determined in the affirmative – yeas 66, nays 41.

Friday, February 5

Encouragement to Public and to Private Armed Privateers

On motion of Mr. McKim,

Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of relinquishing, in favor of the officers and crews of the public armed ships of the United States, a greater portion of the value of prizes than they are now by law entitled to; and, also, to inquire into the expediency of providing further encouragement to equipping and employing private armed vessels of war against the ships and commerce of the enemy; and that the committee have leave to report by bill, or otherwise.

Wednesday, February 10

A message was received from the Senate informing the House that, owing to the indisposition of Mr. Gaillard, the Senate have appointed Mr. Franklin the teller, on their part, at the counting of the votes of the Electors for President and Vice President of the United States.

Counting of Electoral Votes

The hour of 12 having arrived, the Senate entered the Hall of Representatives, preceded by their President, Secretary, Sergeant-at-Arms, and Doorkeeper, and proceeded to seats prepared for them – the members of the House having risen to receive them, and remaining standing until all had entered. The President of the Senate took a seat which had been prepared for him at the Speaker's right hand, and the Secretary of the Senate was placed beside the Clerk of the House. The Tellers – Mr. Franklin of the Senate, and Messrs. Macon and Tallmadge of the House – were seated at a table in front of the Speaker's chair.

The President of the Senate then proceeded to open and hand to the Tellers the sealed returns from each State, which were severally read aloud by one of the Tellers, and noted down and announced by the Secretaries of each House.

The votes having all been opened and read, the following result was announced from the Chair, by the President of the Senate, viz:

RECAPITULATION OF ELECTORAL VOTES.

The President of the Senate, in pursuance of the joint resolutions of the two Houses, then announced the state of the votes to both Houses of Congress, and declared "That James Madison, of the State of Virginia, was duly elected President of the United States, for four years, to commence on the fourth day of March next; and that Elbridge Gerry was duly elected Vice President of the United States, for the like term of four years, to commence on the said fourth day of March next."

The two Houses then separated, and the Senate returned to their Chamber.

Thursday, February 11

A message from the Senate informed the House that the Senate have appointed a committee, on their part, to join such committee as this House may appoint on their part, to wait upon the President of the United States, and to inform him of his re-election, for four years, to commence on the fourth day of March next.

Regulation of Seamen

The House resumed the consideration of the bill excluding foreign seamen from the service of the United States.

Mr. Pitkin's motion to strike out the first section of the bill, for the purpose of inserting a proposed amendment, being still under consideration, considerable discussion took place on it, but it was eventually withdrawn to give way to the following motion.

Mr. Ridgely moved to strike out of the first section all the words in brackets, as follows:

Sec. 1. Be it enacted, &c., That from and after the termination, by a treaty of peace, of the war in which the United States are now engaged with Great Britain, it shall not be lawful to employ as seamen, or otherwise, on board of any public vessel of the United States, or of any vessel owned by citizens of the United States, or sailing under their flag, any person or persons, except natural born citizens of the United States, or citizens of the United States at the time of such treaty being made and concluded, [or persons who, being resident within the United States at the time of such treaty, and having previously declared, agreeably to existing laws, their intention to become citizens of the United States, shall be admitted as such within five years thereafter in the manner prescribed by law.]