PROCEEDINGS AND DEBATES OF THE SENATE OF THE UNITED STATES, AT THE SECOND SESSION OF THE FOURTEENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 2, 1816. MONDAY, December 2, 1816. The second session of the Fourteenth Congress, conformably to the Constitution of the United States, commenced this day at the City of Washington; and the Senate assembled. PRESENT: JEREMIAH MASON and THOMAS W. THOMPSON, from the State of New Hampshire. JOSEPH B. VARNUM and ELI P. ASHMUN, from Massachusetts. JEREMIAH B. HOWELL, from Rhode Island. ISAAC TICHENOR, from Vermont. DAVID DAGGETT, from Connecticut. NATHAN SANFORD, from New York. On motion by Mr. MORROW, the credentials of the appointment of JAMES NOBLE and WALLER TAYLOR, as Senators to represent the said State of Indiana in the Senate of the United States, were referred to the said committee, to consider and report thereon. directed to acquaint the House of Representa- Mr. VARNUM submitted the following motion for consideration: Resolved, That it is expedient to repeal a law passed the fast session of Congress, entitled "An act to change the mode of compensation to the members of the Sen JOHN CONDIT and JAMES J. WILSON, from New ate and House of Representatives, and the Delegates Jersey. ABNER LACOCK, from Pennsylvania. NATHANIEL MACON, from North Carolina. ELIGIUS FROMENTIN, from Louisiana. JOHN GAILLARD, President pro tempore, sumed the Chair. from Territories, and that a committee be appointed to prepare and report a bill for that purpose. On motion; by Mr.LACOCK, Resolved Thar cao Senator be supplied, during the present session, with three such newspapers, printed in the United States, as he may choose, provided the same be furnished at the usual rate for the annual charge of such papers; choose to take any newspapers other than daily and provided, also, that if any Senator shall papers, he shall be supplied with as many such re-papers. papers as shall not exceed the price of three daily ELI P. ASHMUN, appointed a Senator by the Legislature of the Commonwealth of Massachusetts, in the room of Christopher Gore, resigned, produced his credentials, was qualified, and he took his seat in the Senate. The PRESIDENT communicated the credentials of the appointment of JAMES NOBLE and WALLER TAYLOR, as Senators, by the Legislature of the State of Indiana, which were read. Whereupon, on motion by Mr. MORROW, Resolved, That a committee be appointed to inquire whether any, and if any, what, legislative measures may be necessary for admitting the State of Indiana into the Union, or for extending to that State the laws of the United States. Messrs. MORROW, DAGGETT, and BARBOUR, were appointed the committee. appointed agreeably to the forty-second rule for On motion by Mr. HOWELL, a committee was conducting business in the Senate, and Messrs. HOWELL, LACOCK, and THOMPSON, were appointed the committee. for consideration, which was read, and passed to Mr. HOWELL submitted the following motion the second reading: Resolved, That two Chaplains of different denominations be appointed to Congress, during the present weekly. session, one by each House, who shall interchange informed the Senate that a quorum of the House A message from the House of Representatives of Representatives is assembled, and ready to committee on their part, jointly with such comproceed to business. They have appointed a mittee as may be appointed on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them; in which_resolution they request the concurrence of the Senate. The Senate concurred in the appointment of a joint committee on their part, agreeably to the resolution last mentioned; and Messrs. BARBOUR and MACON were appointed the committee. On motion by Mr. WILSON, a committee was appointed, agreeably to the twenty-second rule, for conducting business in the Senate. Messrs. WILSON, FROMENTIN, and ASHMUN, were appointed the committee. Mr. FROMENTIN submitted the following motion for consideration, which was read, and passed to the second reading: Resolved, That a committee of three members be appointed, who, with three members of the House of Representatives, to be appointed by that House, shall have the direction of the money appropriated to the purchase of books, and maps, for the use of the two Houses of Congress. On motion by Mr. FROMENTIN, it was read a second time, and considered as in Committee of the Whole: and no amendment having been proposed, it was reported to the House, read the third time by unanimous consent, and passed. Messrs. FROMENTIN, GOLDSBOROUGH, and HUNTER, were appointed the committee. TUESDAY, December.3...:::: Mr. BARBOUR reported from the juidt commit tee, that they had waited on the President of the United States, and that, the President: had informed the committee that he would make a communication to the two Houses this day at 12 o'clock. Mr. LACOCK Submitted the following motion for consideration; which was read, and passed to the second reading: Resolved, That Mountjoy Bayly, Doorkeeper and Sergeant-at-Arms to the Senate, be, and he hereby is, authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper of the Senate, which expense should be paid out of the contingent fund. SENATE. by peculiar seasons, which have very generally impaired the annual gifts of the earth, and threatened scarcity in particular districts. Such, however, is the variety of soils, of climates, and of products, within our extensive limits, that the aggregate resources for subsistence are more than sufficient for the aggregate wants. And as far as an economy of consumption, more than usual, may be necessary, our thankfulness is due to Providence for what is far more than a compensation, in the remarkable health which has distinguished the present year. Amidst the advantages which have succeeded the peace of Europe, and that of the United States with among us, and in the extension of our commerce, the Great Britain, in a general invigoration of industry value of which is more and more disclosing itself to sion is experienced by particular branches of our mancommercial nations, it is to be regretted that a depresfirst proceeds, in an essential degree, from an excess ufactures, and by a portion of our navigation. As the of imported merchandise, which carries a check in its own tendency, the cause, in its present extent, cannot be of very long duration. The evil will not, however, be viewed by Congress, without a recollection, that manufacturing establishments, if suffered to sink too low, or languish too long, may not revive, after the causes shall have ceased; and that, in the vicissitudes of human affairs, situations may recur, in which a dependence on foreign sources, for indispensable supplies, may be among the most serious embarrassments. The depressed state of our navigation is to be ascribed, in a material degree, to its exclusion from the colonial ports of the nation most extensively connected with us in commerce, and from the indirect operation of that exclusion. Previous to the late convention at London, between the United States and Great Britain, the relative state of the navigation laws of the two countries, growing out of the Treaty of 1794, had given to the British navigation a material advantage over the American, in the intercourse between the American ports and British ports in Europe. The convention of London equalized the laws of the two countries, relating to those ports; leaving the intercourse between our ports and the ports of the British colonies subject, as before, to the respective regulations of the parties. The British Government enforcing, now, regulations which prohibit a trade between its colonies and the United States, in American vessels, whilst they permit a trade in British vessels, the American navigation loses accordingly; and the loss is augmented by the advantage which is given to the British competition ports and British ports in Europe, by the circuitous over the American, in the navigation between our other. The Senate resumed the consideration of the motion made yesterday, relative to the repeal of the compensation law; and the further consider ation thereof was postponed until Monday next. The resolution for the appointment of Chap-voyages, enjoyed by the one and not enjoyed by the lains was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, the PRESIDENT reported it to the House; and it was ordered to be engrossed and read a third time. PRESIDENT'S ANNUAL MESSAGE. The reasonableness of the rule of reciprocity, applied to one branch of the commercial intercourse, has been branches; but it is ascertained that the British Cabipressed on our part as equally applicable to both net declines all negotiation on the subject, with a disavowal, however, of any disposition to view, in an unfriendly light, whatever countervailing regulations the The following Message was received from the United States may oppose to the regulations of which PRESIDENT OF THE UNITED STATES: Fellow-citizens of the Senate and of the House of Representatives : In reviewing the present state of our country, our attention cannot be withheld from the effect produced they complain. The wisdom of the Legislature will decide on the course which, under these circumstances, is prescribed by a joint regard to the amicable relations between the two nations and to the just interests of the United States. I have the satisfaction to state, generally, that we remain in amity with foreign Powers. SENATE. contemplated by the Constitution, and required by the spirit and safety of free Government. The present organization of our militia is universally regarded as less efficient than it ought to be made; and no organization can be better calculated to give to it its due force, than a classification which will assign the foremost at-place in the defence of the country, to that portion of its citizens, whose activity and animation best enable them to rally to its standard. Besides, the consideration that a time of peace is the time when the change can be made with most convenience and equity, it will now be aided by the experience of a recent war, in which the militia bore so interesting a part. An occurrence has, indeed, taken place in the Gulf of Mexico, which, if sanctioned by the Spanish Government, may make an exception as to that Power. According to the report of our naval commander on that station, one of our public armed vessels was tacked by an overpowering force, under a Spanish commander, and the American flag, with the officers and crew, insulted, in a manner calling for prompt reparation. This has been demanded. In the meantime a frigate and a smaller vessel of war have been ordered into that Gulf for the protection of our commerce. It would be improper to omit, that the representative of His Catholic Majesty, in the United States, lost no time in giving the strongest assurances that no hostile order could have emanated from his Government, and that it will be as ready to do, as to expect, whatever the nature of the case and the friendly relations of the two countries shall be found to require. Congress will call to mind, that no adequate provision has yet been made, for the uniformity of weights and measures, also contemplated by the Constitution. The great utility of a standard, fixed in its nature, and founded on the easy rule of decimal pro portions, is sufficiently obvious. It led the Government, at an early stage, to preparatory steps for introducing it; and a completion of the work will be a just title to the public gratitude. The posture of our affairs with Algiers, at the present moment, is not known. The Dey, drawing pre- The importance which I have attached to the estabtexts from circumstances, for which the United States lishment of a University within this District, on a were not answerable, addressed a letter to this Gov-scale, and for objects worthy of the American nation, ernment, declaring the treaty last concluded with him to have been annulled by our violation of it; and presenting as the alternative, war, or a renewal of the former treaty, which stipulated among other things an annual tribute. The answer, with an explicit declaration that the United States preferred war to tribute, required his recognition and observance of the treaty last made, which abolishes tribute and the slavery of our captured citizens. The result of the answer has not been received. Should he renew his warfare on our commerce, we rely on the protection it will find in our naval force actually in the Mediterranean. With the other Barbary States our affairs have undergone no change. The Indian tribes within our limits appear also disposed to remain at peace. From several of them purchases of lands have been made, particularly favorable to the wishes and security of our frontier settlements, as well as to the general interests of the nation. In some instances, the titles, though not supported by due proof, and clashing, those of one tribe with the claims of another, have been extinguished by double purchases; the benevolent policy of the United States preferring the augmented expense, to the hazard of doing injustice, or to the enforcement of injustice against a feeble and untutored people, by means involving or threatening an effusion of blood. I am happy to add, that the tranquillity which has been restored among the tribes themselves, as well as between them and our own population, will favor the resumption of the work of civilization, which had made an encouraging progress among some tribes; and that the facility is increasing, for extending that divided and individual ownership, which exists now in movable property only, to the soil itself; and of thus establishing, in the culture and improvement of it, the true foundation for a transit from the habits of the savage, to the arts and comforts of social life. As a subject of the highest importance to the national welfare, I must, again, earnestly recommend to the consideration of Congress, a re-organization of the Militia, on a plan which will form it into classes, according to the periods of life more and less adapted to military services. An efficient militia is authorized and induces me to renew my recommendation of it to the favorable consideration of Congress. And I particularly invite, again, their attention to the expediency of exercising their existing powers, and, where necessary, of resorting to the prescribed mode of enlarging them, in order to effectuate a comprehensive system of roads and canals, such as will have the effect of drawing more closely together every part of our country, by promoting intercourse and improvements, and by increasing the share of every part in the common stock of rational prosperity. Occurrences having taken place which show that the statutory provisions for the dispensation of criminal justice are deficiens, in relation both to places and to persons, under the exclusive cognizance of the national authority, an. amendment of the law, embracing such cases, wil merit the earliest attention of the Legislature. It will be a seasonable occasion, also, for inquiring how far Legislative interposition may be further requisite in providing penalties for offences designated in the Constitution or in the statutes, and to which either no penalties are annexed, or none with sufficient certainty. And I submit to the wisdom of Congress, whether a more enlarged revisal of the criminal code be not expedient, for the purpose of mitigating, in certain cases, penalties which were adopted into it, antecedent to experiment and examples which justify and recommend a more lenient policy. The United States, having been the first to abolish, within the extent of their authority, the transportation of the natives of Africa into slavery, by prohibiting the introduction of slaves, and by punishing their citizens participating in the traffic, cannot but be gratified at the progress, made by concurrent efforts of other nations, towards a general suppression of so great an evil. They must feel, at the same time, the greater solicitude to give the fullest efficacy to their own regulations. With that view, the interposition of Congress appears to be required by the violations and evasions which, it is suggested, are chargeable on unworthy citizens, who mingle in the slave trade under foreign flags, and with foreign ports; and by collusive importations of slaves into the United States, through adjoining ports and territories. I present the subject to SENATE. President's Annual Message. DECEMBER, 1816. Congress with a full assurance of their disposition to been effectual, to a beneficial extent, in the reduction apply all the remedy which can be afforded by an of the public debt, and the establishment of the public amendment of the law. The regulations which were credit. The floating debt, of Treasury notes and temintended to guard against abuses of a kindred charac-porary loans, will soon be entirely discharged. The ter, in the trade between the several States, ought also to be rendered more effectual for their humane object. To these recommendations I add, for the consideration of Congress, the expediency of a re-modification of the Judiciary establishment, and of an additional department in the Executive branch of the Govern ment. The first is called for by the accruing business which necessarily swells the duties of the Federal Courts; and by the great and widening space, within which justice is to be dispensed by them. The time seems to have arrived which claims for members of the Supreme Court a relief from itinerary fatigues, incompatible as well with the age which a portion of them will always have attained, as with the researches and preparations which are due to their stations, and to the juridical reputation of their country. And considerations equally cogent require a more convenient organization of the subordinate tribunals, which may be accomplished without an objectionable increase of the number or expense of the judges. The extent and variety of Executive business, also accumulating with the progress of our country and its growing population, call for an additional department, to be charged with duties now overburdening other departments, and with such as have not been annexed to any department. aggregate of the funded debt, composed of debts incurred during the wars of 1776 and 1812, has been estimated, with reference to the first of January next, at a sum not exceeding one hundred and ten millions of dollars. The ordinary annual expenses of the Government, for the maintenance of all rs institutions, civil, military, and naval, have been esumated at a sum less than twenty millions of dollars. And the permanent revenue, to be derived from all the existing sources, has been estimated at a sum of about twentyfive millions of dollars. that there is only wanting, to the fiscal prosperity of Upon this general view of the subject, it is obvious, the Government, the restoration of an uniform medination, displayed in the system which Congress has um of exchange. The resources and the faith of tho established, insure respect and confidence both at home and abroad. The local accumulations of the revenue have already enabled the Treasury to meet the public engagements in the local currency of most of the States; and it is expected that the same cause will produce the same effect throughout the Union. But, for the interests of the community at large, as well as for the purposes of the Treasury, it is essential that the nation should possess a currency of equal value, credit, and use, wherever it may circulate. The Constitution has intrusted Congress, exclusively, with the power of creating and regulating a currency of The course of experience recommends, as another that description; and the measures which were taken improvement in the Executive establishment, that the during the last session, in execution of the power, give provision for the station, of Attorney General, whose every promise of success. The Bank of the United residence at the Seat of Government, ficial connex-States has been organized under auspices the most ions with it, and management of the public business favorable, and cannot fail to be an important auxilibefore the Judiciary, preclude an extensive participa-ary to those measures. tion in professional emoluments, be made more adequate to his services and his relinquishments; and that, with a view to his seasonal accommodation, and to a proper depository of his official opinions and proceedings, there be included in the provision the usual appurtenances to a public office. For a more enlarged view of the public finances, with a view of the measures pursued by the Treasury Department, previous to the resignation of the late Secretary, I transmit an extract from the last report of that officer. Congress will perceive in it ample proofs of the solid foundation on which the financial prosperity of the nation rests; and will do justice to the distinguished ability and successful exertions with which the duties of the department were executed, during a period remarkable for its difficulties and its peculiar perplexities. In directing the Legislative attention to the state of the finances, it is a subject of great gratification to find, that, even within the short period which has elapsed since the return of peace, the revenue has far exceeded all the current demands upon the Treasury, and that, under any probable diminution of its future The period of my retiring from the public service annual products, which the vicissitudes of commerce being at little distance, I shall find no occasion more may occasion, it will afford an ample fund for the proper than the present for expressing to my felloweffectual and early extinguishment of the public debt. citizens my deep sense of the continued confidence and It has been estimated, that during the year 1816, the kind support which I have received from them. My actual receipts of revenue at the Treasury, including grateful recollection of these distinguished marks of the balance at the commencement of the year, and extheir favorable regard can never cease; and, with the cluding the proceeds of loans and Treasury notes, will consciousness, that if I have not served my country amount to about the sum of forty-seven millions of with greater ability, I have served it with a sincere dollars; that during the same year, the actual pay-devotion, will accompany me as a source of unfailing ments at the Treasury, including the payment of the gratification. arrearages of the War Department, as well as the payment of a considerable excess, beyond the annual appropriations, will amount to about the sum of thirtyeight millions of dollars; and that, consequently, at the close of the year, there will be a surplus in the Treasury of about the sum of nine millions of dollars. The operations of the Treasury continue to be obstructed by difficulties, arising from the condition of the national currency; but they have, nevertheless, Happily, I shall carry with me from the public theatre, other sources, which those who love their country most, will best appreciate. I shall behold it blessed peace and respect abroad. I can indulge the proud with tranquillity and prosperity at home, and with reflection, that the American people have reached, in safety and success, their fortieth year as an independent nation; that, for nearly an entire generation, they have had experience of their present Constitution, the |