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

Saturday, March 2

Bank of the United States

Mr. Clay, from the committee to whom was referred, on the 25th February, the memorial of the stockholders of the Bank of the United States, praying that an act of Congress might be passed to continue the corporate powers of the bank for a further period, to enable it to settle such of its concerns as may be depending on the 3d of March, 1811, made the following report:

That your committee have duly weighed the contents of the memorial, and deliberately attended to such explanations of the views of the memorialists as they have thought proper to present through their agents. That, holding the opinion (as a majority of the committee do) that the constitution did not authorize Congress originally to grant the charter, it follows, as a necessary consequence of that opinion, that an extension of it, even under the restrictions contemplated by the stockholders, is equally repugnant to the constitution. But, if it were possible to surmount this fundamental objection, and if that rule which forbids, during the same session of the Senate, the re-agitation of a proposition once decided, were disregarded, your committee would still be at a loss to find any sufficient reasons for prolonging the political existence of the corporation for the purpose of winding up its affairs. For, as it respects the body itself, it is believed that the existing laws, through the instrumentality of a trust properly constituted, afford as ample means as a qualified continuance of the charter would, for the liquidation of its accounts, and the collection and final distribution of its funds. But should any inconvenience be experienced on this subject, the committee are persuaded it will be very partial, and such as the State authorities, upon proper application, would not fail to provide a competent remedy for. And, in relation to the community, if the corporation, stripped of its banking powers, were to fulfil bona fide the duty of closing its affairs, your committee cannot see that any material advantage would be derived. Whilst, on the contrary, if it should not so act, but should avail itself of the temporary prolongation, in order to effect a more durable extension of its charter, it might in its operations become a serious scourge.

Your committee are happy to say that they learn, from a satisfactory source, that the apprehensions which were indulged, as to the distress resulting from a non-renewal of the charter, are far from being realized in Philadelphia, to which their information has been confined. It was long since obvious that the vacuum, in the circulation of the country, which was to be produced by the withdrawal of the paper of the Bank of the United States, would be filled by paper issuing from other banks. This operation is now actually going on. The paper of the Bank of the United States is rapidly returning, and that of other banks is taking its place. The ability to enlarge their accommodations is proportionately enhanced; and when it shall be further increased by a removal into their vaults of those deposits which are in the possession of the Bank of the United States, the injurious effects of a dissolution of the corporation will be found to consist in an accelerated disclosure of the actual condition of those who have been supported by the credit of others, but whose insolvent or tottering situation, known to the bank, has been concealed from the public at large.

Your committee beg leave to present the following resolution:

Resolved, That the prayer of the memorialists ought not to be granted.

The report was ordered to lie on the table.

Claim of General Wilkinson

Mr. Bradley, from the committee to whom was referred the memorial of General James Wilkinson, praying to be remunerated for moneys disbursed in the service of the United States, made the following report:

That the said Wilkinson has exhibited to them claims against the United States, to the amount of eleven thousand eight hundred dollars and ninety-six cents. It appears to your committee, from the documents and proofs produced by the petitioner to explain and support his claim against the public, that, of the above sum, $6,719.73 are claimed for his disbursements and expenses incurred pending Burr's conspiracy; $2,560 paid for a tract of land for the public service, now occupied by the troops on the Missouri river, near its mouth; $450, the amount of his passage from Baltimore to Charleston, when ordered on extra duty by the President; and $2,131.23, for losses of property sustained by his sudden transfer from St. Louis, where he was exercising the functions of a civil magistrate, to the Sabine, for the purpose of directing the arms of the nation against an invading force of the Spaniards.

Your committee have no hesitancy in saying that many of the charges appear to be legal and founded in justice, and may furnish a proper set off against the balance opposed to him by the War Department, and that the residue are entitled to equitable consideration; but, from the shortness of the time, and the pressure of business before the expiration of the session, your committee cannot find leisure to form that deliberate and clear judgment on the merits of the several items which justice to the petitioner and to the public require; they, therefore, beg leave to offer the following resolution:

Resolved, That the further consideration of the petition of General James Wilkinson, together with the accompanying documents, be postponed to the next meeting of Congress.

The report and accompanying documents were ordered to lie on the table.

The Senate adjourned to 6 o'clock this evening.

Sunday Evening, 6 o'clock, March 3

Adjournment

Resolved, That Messrs. Turner and Condit be a committee on the part of the Senate, with such committee as the House of Representatives may join, to wait on the President of the United States and notify him, that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn.

Ordered, That the Secretary acquaint the House of Representatives therewith, and request the appointment of a committee on their part.

A message from the House of Representatives informed the Senate, that the House concur in the resolution for the appointment of a joint committee to wait upon the President of the United States, and notify him of the intended recess, and have appointed a committee on their part.

Mr. Turner, from the joint committee, reported that they had waited upon the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.

Ordered, That the Secretary notify the House of Representatives that the Senate, having finished the business before them, are about to adjourn. Whereupon, the President adjourned the Senate without day.

PROCEEDINGS IN THE SENATE,

Thursday, January 3, 1811

The following confidential Message was received from the President of the United States, by Mr. Edward Coles, his Secretary:

To the Senate and House ofRepresentatives of the United States:

I communicate to Congress, in confidence, a letter of the 2d of December, from Governor Folch, of West Florida, to the Secretary of State; and another, of the same date, from the same, to John McKee.

I communicate, in like manner, a letter from the British Chargé d'Affaires to the Secretary of State, with the answer of the latter. Although the letter cannot have been written in consequence of any instruction from the British Government, founded on the late order for taking possession of the portion of West Florida well known to be claimed by the United States; although no communication has ever been made by that Government to this of any stipulation with Spain, contemplating an interposition which might so materially affect the United States; and although no call can have been made by Spain, in the present instance, for the fulfilment of any such subsisting engagement; yet the spirit and scope of the document, with the accredited source from which it proceeds, required that it should not be withheld from the consideration of Congress.

Taking into view the tenor of these several communications, the posture of things with which they are connected, the intimate relation of the country adjoining the United States, eastward of the river Perdido, to their security and tranquillity, and the peculiar interest they otherwise have in its destiny, I recommend to the consideration of Congress, the seasonableness of a declaration that the United States could not see, without serious inquietude, any part of a neighboring territory, in which they have, in different respects, so deep and so just a concern, pass from the hands of Spain into those of any other foreign power.

I recommend to their consideration, also, the expediency of authorizing the Executive to take temporary possession of any part or parts of the said territory, in pursuance of arrangements which may be desired by the Spanish authorities; and for making provision for the government of the same, during such possession.

The wisdom of Congress will, at the same time, determine how far it may be expedient to provide for the event of a subversion of the Spanish authorities within the territory in question, and an apprehended occupancy thereof by any other foreign power.

JAMES MADISON.

Washington, January 3, 1811.

The Message was read.

On motion by Mr. Clay,

Resolved, That the Message from the President of the United States, of this day, which has been just read, be referred to a committee, with leave to report by bill or otherwise.

Mr. Clay, Mr. Crawford, Mr. Bradley, Mr. Smith of Maryland, and Mr. Anderson, were appointed the committee.

Monday, January 7

Mr. Clay, from the committee, appointed the 3d instant, on the confidential Message of the President of the United States, reported a declaration and bill to enable the President of the United States to take possession of the country lying east of the Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes; which were read, and passed to a second reading.

Tuesday, January 8

The bill to enable the President of the United States to take possession of the country lying east of the Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes, was read the second time; and, on motion by Mr. Clay, it was considered as in Committee of the Whole.

On motion, by Mr. Bayard, to amend the bill, by striking out of the first section thereof the words, "In the event of such arrangement for that purpose as shall have been made with the local authority which may then exist;" and, in lieu thereof, to insert the words, "In case an arrangement has been or shall be made with the local authority of the said territory for delivering up the possession of the same to the United States:"

On motion, by Mr. Gilman, a division of the question was called for: and the question being put on striking out, it was determined in the affirmative.

The question was then taken upon inserting the proposed amendment, and determined in the affirmative – yeas 20, nays 12, as follows:

Yeas. – Messrs. Anderson, Bayard, Brent, Campbell, Condit, Crawford, Franklin, German, Gregg, Lambert, Lloyd, Mathewson, Pickering, Pope, Reed, Smith of Maryland, Smith of New York, Tait, Taylor, and Worthington.

Nays. – Messrs. Bradley, Champlin, Clay, Cutts, Dana, Gaillard, Gilman, Goodrich, Horsey, Leib, Robinson, and Whiteside.

On motion, by Mr. Bayard, it was agreed to amend the fourth section of the bill, by inserting, after the word "enacted," the words, "That in case possession of the territory aforesaid shall be obtained by the United States, as aforesaid."

Wednesday, January 9

The Senate resumed, as in Committee of the Whole, the bill to enable the President of the United States to take possession of the territory lying east of the Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes.

On motion, by Mr. Clay, it was agreed further to amend the bill, by adding to the first section the remainder of the original second section; and by adopting the original third and fourth sections, as the second and third sections of the bill; and having gone through the amendments, the President reported the bill to the House accordingly.

On the question, "Shall this bill be engrossed and read a third time, as amended?" it was determined in the affirmative.

Mr. Anderson submitted the following motion:

Resolved, That the subject-matter of the bill, entitled "An act to enable the President of the United States to take possession of the country lying east of the Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes," be kept inviolably secret by the members of the Senate, until the Senate shall, by their resolution, take off the injunction of secrecy.

Which was read; and on the question to agree thereto, it was determined in the affirmative – yeas 20, nays 6, as follows:

Yeas. – Messrs. Anderson, Bradley, Brent, Clay, Crawford, Cutts, Franklin, Gaillard, Gilman, Gregg, Lambert, Leib, Pope, Reed, Robinson, Smith of Maryland, Tait, Taylor, Whiteside, and Worthington.

Nays. – Messrs. Bayard, Champlin, Dana, Goodrich, Lloyd, and Pickering.

Mr. Cutts, from the committee, reported the bill last mentioned, correctly engrossed.

A confidential message was received from the House of Representatives, by Mr. Montgomery and Mr. Cutts, two members of that body, with the following resolution, in which they ask the concurrence of the Senate:

Congress of the United States,In House of Representatives, Jan. 8, 1811

Taking into view the present state of the world, the peculiar situation of Spain and of the American provinces, and the intimate relation of the territory eastward of the river Perdido, adjoining the United States, to their security and tranquillity: Therefore,

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States cannot see, with indifference, any part of the Spanish provinces, adjoining the said States, eastward of the river Perdido, pass from the hands of Spain into those of any other foreign power.

The resolution was read, and passed to a second reading.

Thursday, January 10

So it was Resolved, That this bill do pass, and that the title thereof be, "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."

On motion, by Mr. Clay,

Resolved, That a committee of two be appointed to carry the said bill to the House of Representatives, and ask their concurrence therein.

Ordered, That Mr. Clay and Mr. Bayard be the committee.

Mr. Clay reported that the committee had performed the service assigned them.

Friday, January 11

Mr. Anderson, from the committee appointed on the subject, reported the confidential resolution from the House of Representatives, with the following amendment:

Strike out all the words after the word "the," first mentioned in the first line of the resolution, to the end thereof, and in lieu thereof, insert "peculiar situation of Spain and of her American provinces; and considering the influence which the destiny of the territory adjoining the southern border of the United States may have upon their security, tranquillity, and commerce: " Therefore,

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States, under the peculiar circumstances of the existing crisis, cannot, without serious inquietude, see any part of the said territory pass into the hands of any foreign power; and that a due regard to their own safety compels them to provide, under certain contingencies, for the temporary occupation of the said territory; they, at the same time, declare that the said territory shall, in their hands, remain subject to a future negotiation.

Which report was read, and considered as in Committee of the Whole; and, on motion to adopt the report, a division of the question was called for by Mr. Dana, and the question to strike out was agreed to, and the amendment was adopted; and the President reported the resolution to the House accordingly.

Ordered, That the resolution pass to the third reading, as amended.

ELEVENTH CONGRESS. – THIRD SESSION.

PROCEEDINGS AND DEBATES

THE HOUSE OF REPRESENTATIVES

Monday, December 3, 1810

This being the day appointed by the constitution for the meeting of Congress, the following members of the House of Representatives appeared and took their seats, to wit:

From New Hampshire– James Wilson.

From Massachusetts– Ezekiel Bacon, William Ely, and Joseph B. Varnum, Speaker.

From Vermont– Samuel Shaw.

From Connecticut– Epaphroditus Champion, John Davenport, jr., Jonathan O. Mosely, Timothy Pitkin, jr., and Benjamin Tallmadge.

From New York– James Emott, Jonathan Fisk, Robert Le Roy Livingston, Erastus Root, Thomas Sammons, John Thompson, Uri Tracy, and Killian K. Van Rensselaer.

From New Jersey– Adam Boyd, Jacob Hufty, and Henry Southard.

From, Pennsylvania– William Anderson, David Bard, Robert Brown, William Crawford, William Findlay, Daniel Heister, Aaron Lyle, William Milnor, John Rea, Matthias Richards, Adam Seybert, John Smilie, George Smith, Samuel Smith, and Robert Whitehill.

From Maryland– Charles Goldsborough, Alexander McKim, Philip B. Key, Archibald Van Horne, John Montgomery, and Nicholas R. Moore.

From Virginia– James Breckinridge, William A. Burwell, Matthew Clay, John Dawson, David S. Garland, Thomas Gholson, Peterson, Goodwyn, Joseph Lewis, jr., Thomas Newton, John Roane, and James Stephenson.

From North Carolina– Willis Alston, jr., James Cochran, James Holland, Thomas Kenan, Nathaniel Macon, Archibald McBryde, Joseph Pearson, Richard Stanford, and John Stanley.

From South Carolina– Lemuel J. Alston, William Butler, Joseph Calhoun, Thomas Moore, John Taylor, and Robert Witherspoon,.

From Georgia– William W. Bibb, Howell Cobb, and George M. Troup.

From Kentucky– Joseph Desha, Richard M. Johnson, and Samuel McKee.

From Tennessee– Pleasant M. Miller, John Rhea, and Robert Weakley.

From Ohio– Jeremiah Morrow.

Several new members, to wit: from Connecticut, Ebenezer Huntington, returned to serve in the place of Samuel W. Dana, appointed a Senator of the United States; from New Jersey, John A. Scudder, in the place of James Cox, deceased; and from Maryland, Robert Wright, in the place of John Brown, resigned; appeared, produced their credentials, were qualified, and took their seats.

A quorum, consisting of a majority of the whole House, being present, the Clerk of the House was directed to acquaint the Senate therewith.

On motion of Mr. Dawson, a committee was appointed on the part of the House, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them.

The Clerk of the House was directed to procure newspapers from any number of offices that the members may elect, provided that the expense do not exceed the amount of three daily papers.

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

Tuesday, December 4

Several other members, to wit: from Massachusetts, Richard Cutts, Ebenezer Seaver, and Charles Turner, jr.; from Rhode Island, Elisha R. Potter; from New York, Thomas R. Gold; from Pennsylvania, Robert Jenkins; and from Virginia, Burwell Bassett and John W. Eppes, appeared, and took their seats in the House.

A new member, to wit, from New York, Samuel L. Mitchill, returned to serve in the place of William Denning, resigned, appeared, produced his credentials, was qualified, and took his seat.

Jonathan Jennings, the Delegate from the Indiana Territory, and Julian Poydras, the Delegate from the Territory of Orleans, appeared, and took their seats.

A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business. They have appointed a committee on their part, jointly with the committee appointed on the part of this House, to inform the President of the United States, that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them.

Mr. Dawson, from the joint committee appointed to wait on the President of the United States, reported that the committee had performed the service assigned them, and that the President answered that he would make a communication to the two Houses of Congress to-morrow at twelve o'clock.

Wednesday, December 5

Several other members, to wit: from New Hampshire, Daniel Blaisdell and John C. Chamberlain; from Massachusetts, J. Quincy, Samuel Taggart, and Laban Wheaton; from Vermont, William Chamberlin, Martin Chittenden, and Jonathan H. Hubbard; from Connecticut, Lewis B. Sturges; from New York, Vincent Matthews, Peter B. Porter, and Ebenezer Sage; and from Rhode Island, Richard Jackson, jr., appeared, and took their seats in the House.

A Message was received from the President of the United States, which was read at the Clerk's table.

[For this Message see Senate Proceedings of this date, ante page.]

The documents accompanying the Message having been read, in part, the House adjourned.

Thursday, December 6

The Speaker laid before the House certificates of the election of Ebenezer Huntington, of Connecticut; John A. Scudder, of New Jersey; Robert Wright, of Maryland; and William McKinley, returned to supply the vacancy occasioned by the resignation of John G. Jackson, of Virginia; which were referred to the Committee of Elections.

Friday, December 7

Another member, to wit, from New Jersey, William Helms, appeared, and took his seat in the House; also, a new member, to wit, from Maryland, Samuel Ringgold, returned to serve in the place of Roger Nelson, resigned, appeared, produced his credentials, was qualified, and took his seat in the House.

Monday, December 10

Several other members, to wit: from Massachusetts, Gideon Gardner; from New York, Gurdon S. Mumford; from Pennsylvania, John Porter; from Virginia, John Love and Daniel Sheffey; and from North Carolina, Lemuel Sawyer, appeared, and took their seats.

The Speaker laid before the House a certificate of the election of William T. Barry, elected to supply the vacancy occasioned by the resignation of Benjamin Howard, of Kentucky; which was referred to the Committee of Elections.

Tuesday, December 11

Several other members, to wit: from New York, Herman Knickerbacker; from Virginia, Edwin Gray and Jacob Swoope; and from South Carolina, Richard Wynn, appeared, and took their seats.

Wednesday, December 12

Two other members, to wit: from North Carolina, Meshack Franklin and William Kennedy, appeared, and took their seats.

Thursday, December 13

Another member, to wit, from Georgia, Dennis Smelt, appeared, and took his seat; also two other new members, to wit: Joseph Allen, from Massachusetts, in the place of Jabez Upham, resigned, and William T. Barry, from Kentucky, in the place of Benjamin Howard, resigned, appeared, were qualified, and took their seats.

Apportionment Bill

The House resolved itself into a Committee of the Whole, on the bill to apportion the Representatives according to the third enumeration of the people of the United States.