PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE SECOND SESSION OF THE TWELFTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, NOVEMBER 2, 1812. MONDAY, November 2, 1812. This being the day appointed by law for the meeting of Congress, the following members of the House of Representatives appeared, and took their seats, to wit: From New Hampshire-Samuel Dinsmoor, Obed Hall, and John A. Harper. From Massachusetts-Abijah Bigelow, Elijah Brigham, Richard Cutts, Wm. Ely, Isaiah L. Green, Ebenezer Seaver, William M. Richardson, Charles Turner, jr., Laban Wheaton, Leonard White, William Widgery. From Rhode Island-Richard Jackson, junior. From Connecticut-Epaphroditus Champion, John Davenport, jr. Lyman Law, and Jonathan O. Moseley. From Vermont-Martin Chittenden, Wm. Strong. From New York-Daniel Avery, Harmanus Bleecker, James Emott, Asa Fitch, Sam. L. Mitchill, Benjamin Pond, Thomas Sammons, Pierre Van Cortlandt, jr. From New Jersey-Adam Boyd, Lewis Condict, Jacob Hufty, and Thomas Newbold. From Pennsylvania-Wm. Anderson, David Bard, Robert Brown, William Crawford, William Findley, Abner Lacock, Aaron Lyle, Jonathan Roberts, William Rodman, Adam Seybert, John Smilie, Geo. Smith, and Robert Whitehill. From Maryland-Stevenson Archer, Charles Goldsborough, Joseph Kent, Philip B. Key, Peter Little, Alexander McKim, Samuel Ringgold, Philip Stuart, and Robert Wright. From Virginia-John Baker, Burwell Bassett, Matthew Clay, John Dawson, Thomas Gholson, Peterson Goodwyn, Aylett Hawes, Joseph Lewis, jr., William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, junior, and John Roane. From North Carolina-Willis Alston, jr., William Blackledge, Meshack Franklin, Nathaniel Macon, Archibald McBryde, and Joseph Pearson. and Richard Winn. From South Carolina-William Butler, John C. Calhoun, Elias Earle, William Lowndes, Thos. Moore, From Georgia-William W. Bibb, Geo. M. Troup. From Kentucky-Henry Clay, Speaker, Joseph Desha, and Stephen Ormsby. From Tennessee-Felix Grundy, John Rhea, and John Sevier. From Ohio-Jeremiah Morrow. From Indiana Territory-Jona. Jennings, Delegate. A quorum, consisting of a majority of the whole House, being present, it was ordered that the Clerk do acquaint the Senate therewith. On motion of Mr. DAWSON, a committee was appointed on the part of the House, jointly, with such committee as may be 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 communication he may be pleased to make to them. Mr. DAWSON and Mr. BLEECKER were appointed the committee on the part of the House. On motion of Mr. FINDLEY, the Clerk was directed to procure newspapers from any number of offices that the members shall elect; provided, that the expense do not exceed the amount of three daily newspapers. No communication having been received from the Senate, the House adjourned till to-morrow morning. 139 H. of R. Standing Committees ed to wait on the President of the United States, reported that the committee had performed the service assigned to them, and that the President answered that he would make a communication to the two Houses of Congress to-morrow at 12 o'clock. And then the House adjourned. WEDNESDAY, November 4. Constitution and Guerriere. Several other members, to wit: From Vermont, JAMES FISK; from North Carolina, WILLIAM R. KING and ISRAEL PICKENS,; from Georgia, BOLLING HALL ; and from Kentucky, ANTHONY NEW; appeared, and took their seats. A Message was received from the PRESIDENT OF THE UNITED STATES. [For which, see Senate proceedings of this date, ante, page 11.] The Message having been read was referred, with the documents accompanying it, to the Committee of the whole House on the state of the Union. THURSDAY, November 5. A message from the Senate informed the House that the Senate have passed a resolution for the appointment of a joint committee to have the application of the money appropriated to the purchase of books and maps, for the use of the two Houses of Congress. The House proceeded to consider the resolution; and it was agreed to: and Mr. MITCHILL, Mr. SEYBERT, and Mr. EмOTT, were appointed the committee on their part. Mr. GOODWYN moved a resolution for appointing two Chaplains of different denominations, &c., as usual-which was ordered to lie on the table. A message was received from the Senate making a similar proposition, and was taken up and agreed to. STANDING COMMITTEES. A motion was made by Mr. MITCHILL, that the House do now proceed to the appointment of standing committees pursuant to the rules and orders of the House: Whereupon, the following persons were appointed on the several committees. Committee of Elections-Mr. FINDLEY, Mr. MACON, Mr. DAVENPORT, Mr. TROUP, Mr. DAWSON, Mr. EMOTT, and Mr. ALSTON. 140 NOVEMBER, 1812. Committee for the District of Columbia-Mr. LEWIS, Mr. RINGGOLD, Mr. PEARSON, Mr. BARD, Mr. BAKER, Mr. CONDICT, and Mr. KENT. Committee on the Post Office and Post RoadsMr. RHEA, Mr. LYLE, Mr. DINSMOOR, Mr. CHITTENDEN, Mr. KING, Mr. BOLLING HALL, and Mr. LAW. Committee of Revisal and Unfinished Businese-Mr. BASSETT, Mr. ELY, and Mr. JACKSON. Committee of Accounts-Mr. TURNER, Mr. LITTLE, and Mr. PICKENS. CONSTITUTION AND THE GUERRIERE. Mr. DAWSON rose and said:-Mr. Speaker, I take this early moment to present to you a reSolution which I feel pleasure and pride in believing will meet the general approbation, not only of this House, but of the nation. The President of the United States, in his Message, which was read on yesterday, has, in terms eloquent and appropriate, made mention of an engagement which has taken place between an American frigate and one of His Britannic Majesty's, which has rendered to the officers and crew of our frigate that justice which they so justly merited; an engagement in which American tars have proven to the world, that when commanded by officers of skill, valor, and fidelity, they are capable of contending with, and of vanquishing, those of any nation on the earth, upon any element-even on that element where British skill has so justly acquired so much celebrity, and that the American flag, when authorized by the constituted authorities of our country, will command respect on the high road of nations. Far, very far, be it from me to boast-it ill becomes an individual or a nation, and is never the concomitant of true courage; but on the present occasion it seems to me proper that we should express our sentiments-our feelings, and thereby the feelings of the nation. I shall, therefore, without further comment, offer you the following resolution, observing that the facts stated have been ascertained at the proper department, and the proofs are on my table: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, requested to present, in the name of Congress, to Captain Isaac Hull, a gold medal, with suitable emblems and devices; and that the sum of thousand dollars be, and the same is hereby, appropriated, to be distributed as prize money to the officers and crew of the United States' frigate the Constitution, of forty-four guns, according to the provisions of the act for the better government of the Navy of the United States; in testimony of the high sense entertained by Congress of the gallantry, good conduct, and services of Captain Hull, the officers, and crew, of the said frigate Constitution, in attacking, vanquishing, and capCommittee of Commerce and Manufactures-turing the British frigate the Guerriere, mounting fiftyMr. NEWTON, Mr. LOWNDES, Mr. MITCHILL, Mr. MCKIM, Mr. SEYBERT, Mr. CHAMPION, and Mr. WIDGERY. CHEVES, Committee of Claims-Mr. GHOLSON, Mr. Committee on the Public Lands-Mr. MORROW, Mr. BLACKLEDGE, Mr. LACOCK, Mr. WILSON, Mr. ORMSBY, Mr. BOYD, and Mr. BIGELOW. four carriage guns, thereby exhibiting an example highly honorable to the American character, and instructive to our rising Navy. Some conversation passed on the proper mode of disposing of this subject, in the course of which NOVEMBER, 1812. President's Message-Exportation of Breadstuffs. Mr. SEYBERT suggested the propriety of also giving some distinctive or medals to the crew of the Constitution, who he thought were too generally overlooked in such cases. H. OF R. 1. Resolved, That so much of the Message of the President of the 4th instant, as relates to the subject. of our foreign relations, be referred to a select com- mittee. Mr. WRIGHT approved the spirit of the resolu tion, but hoped the other officers would receive swords, and the men suitable rewards; and confidently hoped a gold medal would be voted to the nearest relative of Lieutenant William Bush of the marines, a young gentleman from his dis-be referred to a select committee. trict, who fell gallantly fighting in that action, covered with wounds and glory; he, therefore, for that purpose, moved that the resolution be referred to a select committee. 2. Resolved, That so much of the President's Mes-sage aforesaid, as relates to the militia, volunteers, and the Army, of the United States, to the past operations, and to the future prosecution of the war with Great Britain on land, together with the Message of this day, The resolution was eventually ordered to lie on the table, till a committee should be appointed to whom it should be referred. FRIDAY, November 6. Several other members, to wit: from New Jersey, GEORGE C. MAXWELL; from Massachusetts, EZEKIEL BACON; from Connecticut, LEWIS B. STURGES; and from Pennsylvania, JAMES MILNOR; appeared and took their seats. GEORGE POINDEXTER, the Delegate from the Mississippi Territory, also appeared; and took his seat. A Message was received from the President of the United States, returning, with objections, the bill, entitled "An act supplementary to the acts heretofore passed on the subject of an uniform rule of naturalization," which passed the two Houses at the last session of Congress. The Message was read, and referred to a select committee; and Mr. LACOCK, Mr. ROANE, Mr. EMOTT, Mr. RICHARDSON, and Mr. McKIM, were appointed the committee. Another Message was received from th President of the United States, transmitting copies of the correspondence between the Department of War and the Governors of Massachusetts and Connecticut, referred to in his Message of the fourth instant. The Message was read and referred to the Committee of the Whole on the state of the Union. On motion, by Mr. DAWSON, the House proceeded to consider the resolution submitted by him yesterday; and the same being read, was referred to the committee appointed on that part of the President's Message which relates to the Naval Establishment, to the past operations, and to the future prosecution of the war on the ocean and on the lakes. The House then proceeded, by ballot, to the choice of a Chaplain; and, upon an examination of the ballots, it appeared that the Rev. JESSE LEE was duly chosen. PRESIDENT'S MESSAGE. The House resolved itself into a Committee of the whole House on the state of the Union, to whom had been referred the President's Message, Mr. MACON in the Chair. On motion of Mr. CHEVES, the following resolutions were put, and carried nem, con. : 3. Resolved, That so much of the President's Mes sage of the 4th instant, as relates to the Naval Establishment of the United States, to the past operations,. and to the future prosecution of the war on the ocean and on the lakes, be referred to a select committee. 4. Resolved, That so much of the said Message as relates to the revenue and to the late importations of British manufactures, be referred to the Committee of Ways and Means. 5. Resolved, That so much of the said Message as relates to British licenses, and to "cases of corrupt and perfidious intercourse with the enemy, not amounting to treason," be referred to the Committee of Commerce and Manufactures. The Committee rose, and reported these resolutions; which were agreed to by the House. And Messrs. SMILIE, CALHOUN, GRUNDY, GOLDSBOROUGH, MACON, NELSON, HARPER, DESHA, and SEAVER, were appointed the committee, pursuant to the first resolution. Messrs. WILLIAMS, TROUP, Wright, Sevier, LowWNDES, CHITTENDEN, LYLE, STUART, and AVERY, were appointed the committee, pursuant to the second resolution. Messrs. BASSETT, BACON, MILNOR, BLEECKER, WIDGERY, DAWSON, HYNEMAN, ALSTON, and STow, were appointed the committee, pursuant to the third resolution. EXPORTATION OF BREADSTUFFS. Mr. HARPER having stated that he had a motion to make, which, in his opinion, required secrecy, the House was cleared of strangers, and so remained till three o'clock, when the House adjourned, and it appeared that the injunction of secrecy on the proceedings had been removed; and that the motion submitted by Mr. H. was as follows: Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of prohibiting, by law, the exportation of flour, and other breadstuffs, from the United States, and the Territories thereof, and that they report by bill, or oth erwise. A question was taken whether the subjectmatter of the resolution required secrecy. and passed in the affirmative-yeas 68, nays 39, as follows: YEAS-Willis Alston, junior, William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, David Bard, William W. Bibb, William Blackledge, Robert Brown, William Butler, John C. Calhoun, Francis Carr, Matthew Clay, Lewis Condict, William Crawford, Richard Cutts, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findley, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, William Lowndes, Aaron Lyle, George C. Maxwell, Thomas Moore, William McCoy, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newton, Stephen Ormsby, Israel Pickens, James Pleasants, junior, Benjamin Pond, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, Silas Stow, William Strong, Charles Turner, junior, Robert Whitehill, David R. Williams, and William Widgery. NAYS-John Baker, Burwell Bassett, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, Elijah Brigham, Epaphroditus Champion, Langdon Cheves, Martin Chittenden, John Davenport, junior, William Ely, James Emott, Asa Fitch, Charles Goldsborough, Aylett Hawes, Jacob Hufty, Richard Jackson, junior, Lyman Law, Nathaniel Macon, Archibald McBryde, James Milnor, Jonathan O. Moseley, Thomas Newbold, Joseph Pearson, Timothy Pitkin, junior, William M. Richardson, William Rodman, Thomas Sammons, John Smith, Richard Stanford, Philip Stuart, Lewis B. Sturges, Uri Tracy, George M. Troup, Pierre Van Cortlandt, junior, Laban Wheaton, Leonard White, Thomas Wilson, and Robert Wright. Mr. NEWTON moved to amend the resolution by striking out all of the same after the word "resolved," for the purpose of inserting the following: "That the exportation of flour and breadstuffs from the United States, and the Territories thereof, ought to be prohibited by law." This motion was negatived. The question was then taken that the resolution do pass, and determined in the negative yeas 26, nays 76, as follows: YEAS-David Bard, William W. Bibb, William Blackledge, Francis Carr, Matthew Clay, William Crawford, Richard Cutts, Joseph Desha, Samuel Dinsmoor, Elias Earle, James Fisk, Meshack Franklin, Isaiah L. Green, Bolling Hall, Obed Hall, John A. Harper, Nathaniel Macon, Thomas Moore, Samuel L. Mitchill, Thomas Newton, Benjamin Pond, Ebenezer Seaver, Adam Seybert, William Strong, David R. Williams, and William Widgery. NAYS-Willis Alston, jun., William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, John Baker, Burwell Bassett, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, Elijah Brigham, Robert Brown, William Butler, John C. Calhoun, Epaphroditus Champion, Langdon Cheves, Martin Chittenden, Lewis Condict, John Davenport, junior, John Dawson, William Ely, James Emott, William Findley, Asa Fitch, Thomas Gholson, Charles Goldsborough, Peterson Goodwyn, Felix Grundy, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Lyman Law, Wm. Lowndes, Aaron Lyle, George C. Maxwell, Archibald McBryde, William McCoy, Alexander McKim, Arunah Metcalf, James Milnor, Jeremiah Morrow, Jonathan O. Moseley, Hugh Nelson, Thomas Newbold, Stephen Ormsby, Joseph Pearson, Israel Pickens, Timothy Pitkin, junior, James Pleasants, junior, William M. Richardson, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, William Rodman, Thomas Sammons, John Sevier, Samuel Shaw, Geo. Smith, John Smith, Richard Stanford, Philip Stuart, NOVEMBER, 1812. Lewis B. Sturges, Uri Tracy, Geo. M. Troup, Charles Turner, junior, Pierre Van Cortlandt, junior, Laban Wheaton, Leonard White, Thomas Wilson, and Robert Wright. On motion of Mr. GOLDSBOROUGH, the injunction of secrecy on the resolutions and proceedings thereon were removed. Adjourned to Monday. MONDAY, November 9. Several other members, to wit: from Massachusetts, SAMUEL TAGGART; from Connecticut, BENJAMIN TALLMADGE; from New York, EBENEZER SAGE. and THOMAS R. GOLD; from Pennsylvania, ROGER DAVIS; from Delaware, HENRY M. RIDGELY; and from Virginia, JOHN TALIAFERRO; appeared and took their seats. A message from the Senate informed the House that the Senate have unanimously resolved that the Rev. JOHN BRECKENRIDGE be appointed Chaplain to Congress, for the present session, on their part. Mr. MITCHILL presented a petition of sundry owners and agents of privateers in the city of New York, praying for a reduction of the duties on prizes and prize goods; that prize property, on condemnation, may be delivered to them to be disposed of and distributed; that the time necessary to procure condemnations may be shortened; that the fees of the officers of prize courts may be limited to a certain sum, and that prize owners and their agents be authorized to order prizes arrived in one port to any other port, at libelling of such prizes. their discretion, at any time before the actual Ordered, That so much of the said petition as relates to the revenue, be referred to the Committee of Ways and Means; and that the residue thereof be referred to the committee appointed on that part of the President's Message which relates to the Naval Establishment, and to the prosecution of the war on the ocean and on the lakes. The SPEAKER laid before the House a letter from the Secretary of War, transmitting statements of the application of moneys appropriated for that Department, which have been transferred from one branch of expenditure to another, since the last session of Congress.-Referred to the Committee of Ways and Means. On motion of Mr. SEYBERT, the Committee on the Post Office and Post Roads were instructed to report a bill authorizing the members of the Senate and House of Representatives to frank the President's Message and accompanying documents, transmitted to both Houses of Congress, at the opening of the present session, notwithstanding the same may weigh more than two ounces. On motion of Mr. JENNINGS, the Committee of Claims were instructed to inquire into the expediency of making provision, by law, for compensating any person or persons for the unavoidable loss of any horse or horses, during the campaign to Tippecanoe, on the river Wabash, with leave to report by bill or otherwise. EXEMPTION OF SOLDIERS FROM ARREST FOR DEBT. MOUNTED TROOPS. H. OF R. Mr. JOHNSON observed that he had draughted a resolution for the consideration of the House, the object of which was to authorize an expedition of mounted volunteers against the several Indian tribes hostile to the United States. He said the people of the United States had the Power and the will to break up and to extirpate those hostile savages, to desolate their country, or compel them to surrender at discretion, as the Miamies had done lately when they beheld the strong arm of the Government uplifted and ready to fall upon them heavily. And it was the imperious duty of Congress so to organize this fectual and most destructive to the enemy in the power, and so to direct this will, as to make it efline of its operation. Mr. J. said a winter cam Mr. BACON stated that, under the present law, exempting from arrest privates in the Army of the United States in certain cases of debt, frauds had been, and more extensively might be, committed; inasmuch as a soldier who was tired of the service, by giving his bond for a feigned debt for an amount greater than twenty dollars, could procure himself to be arrested and kept out of service, &c. Mr. B. further illustrated the evasions to which the present law is liable, and concluded by moving the following resolution: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law for exempting altogether from liability to arrest, or being taken in execution for debt, of any non-commissioned officer, musician, or private, belong-paign of mounted men well selected, well organing to the Army of the United States, or to any volunteer corps, when called into service pursuant to law. The resolution was agreed to. TUESDAY, November 10. Another member, to wit: from Virginia, JAMES BRECKENRIDGE, appeared, and took his seat. Mr. MITCHILL presented a petition of sundry merchants of the city of New York, praying to be relieved from the penalties incurred by the late importations of British manufactures into the United States.-Referred to the Committee of Ways and Means. Mr. PLEASANTS presented a petition of Tompkins and Murray, merchants, of Richmond, in the State of Virginia, also praying to be relieved from the penalties incurred by the late importations of British manufactures, on their account, into the United States.-Referred to the Committee of Ways and Means. of Mr. RHEA, from the Committee on the Post Office and Post Roads, presented a bill to authorize the transportation of certain documents free postage; which was read twice, and ordered to be engrossed, and read the third time to-day, which was subsequently done, and the bill passed. Mr. POINDEXTER observed that a bill had last session passed this House for erecting Mississippi Territory into a State, but been rejected in the Senate from a particular objection, which it was now understood would be soon removed by the consent of the State of Georgia to the measure. He, therefore, proposed that a bill for that purpose should be again originated in this House; and, therefore, moved the following resolution: Resolved, That a committee be appointed to inquire into the expediency of authorizing the people of the Mississippi Territory to form a constitution and State government, and of admitting them into the Union on an equal footing with the original States; and that the committee have leave to report thereon by bill or otherwise. The resolution was agreed to; and Messrs. POINDEXTER, B. HALL, GRUNDY, TALIAFERRO, and GOODWYN, were appointed a committee accordingly. ized, and well conducted for sixty days, would close an Indian war, which was restrained on their part by no ties of religion, by no rules of morality, by no suggestions of mercy, by no principles of humanity. Sir, said he, you well know that we cannot so guard any part of our extended line savages, so long as they have a place of safety or of frontier as to prevent entirely the incursions of hiding place upon our borders; by reason of which a few desperate savages, well armed with their rifles, tomahawks, and scalping knives, and paid for the scalps of our citizens, may travel in the night, watch their place of assassination undis covered, and fall upon our infant settlements thus exposed and massacre them without distinction of age or sex, and not leave even an infant to lisp the sad tale of sorrow to the passing stranger. Such has been the fact in many places on our frontier since the battle of Tippecanoe ; and such Indiana, when upwards of twenty persons were was the melancholy fact near the Ohio river, in horribly murdered in cold blood, without the opportunity of resistance; the most of these unfortunate victims were women and children, whose heads were roasted by the fire, and in this cruel mode tortured to death, and under circumstances which would blacken and dye with deeper disgrace the most infamous and abandoned set of beings on earth. Since the defeat of Braddock, Mr. J. observed, the conflict with the Indians had always been an unequal one, and the United States had never carried on such a campaign against them as would bring them to their reason. He observed, that a winter campaign of mounted men would place us on an equality in our contest with the Indians; and he pledged himself for the efficacy of such an expedition, if sanctioned and authorized by Congress, and left to the Executive of Kentucky, so far as the forces were taken from that State. On such a campaign they must meet us in battle, or surrender at discretion; they could not avoid our search nor evade our pursuit-the season would furnish certain means of discovery; their strong holds would be broken up; their squaws and children would fall into our hands, and remain sure pledges against savage ferocity and barbarity. Nothing do they so much fear as to have their squaws |