The Debates and Proceedings in the Congress of the United States

NOVEMBER, 1814.

Election of Presiding Officer.

never consent to go; and I must be understood at all times, whatever pledges I may make, as imposing this restriction, this obligation upon myself, viz: neither to overleap the limits of the Constitution, or to be accessary to an invasion of the essential principles of civil liberty.

SENATE

respect to the late ELBRIDGE GERRY, Vice President of the United States and President of the Senate, the Chair of the President of the Senate be shrouded with black during the present session; and as a further testimony of respect for the memory of the deceased, the members of the Senate will go into mourning, and wear black

On the question, Shall this bill pass? it was then taken and determined in the affirmative-crape round the left arm for thirty days. yeas 19, nays 12, as follows:

YEAS-Messrs. Bibb, Bledsoe, Brent, Brown, Chace, Condit, Fromentin, Gaillard, Giles, Lacock, Morrow, Roberts, Smith, Tait, Taylor, Turner, Walker, Wharton, and Worthington.

NAYS-Messrs. Anderson, Daggett, Dana, German, Goldsborough, Gore, Horsey, Hunter, Lambert, Mason, Thompson, and Varnum.

So it was Resolved, That this bill pass, and that the title thereof be "An act to authorize the President of the United States to call upon the several States and Territories thereof for their respective quotas of eighty thousand four hundred and thirty militia, for the defence of the frontiers of the United States against invasion."

WEDNESDAY, November 23.

DEATH OF THE VICE PRESIDENT.

About the hour of meeting, a report having reached the Senate Chamber of the death of the VICE PRESIDENT of the United States, the members from Massachusetts, Messrs. VARNUM and GORE, proceeded to his lodgings to ascertain the fact; and, on their return, having announced the fact to the Senate, the following proceeding took place, on motion of Mr. BLEDSOE,

The Senate, being informed of the death of their distinguished fellow-citizen, ELBRIDGE GERRY, Vice President of the United States,

Do Resolve, That a committee be appointed, jointly with such committee as may be appointed on the part of the House of Representatives, to consider and report measures most proper to manifest the public respect for the memory of the deceased, and expressive of the deep regret of the Congress of the United States for the loss of a citizen so highly respected and

revered.

Ordered, That Messrs. GORE, VARNUM, SMITH,
ANDERSON, and GAILLARD, be the committee.
On motion of Mr. BLEDSOE,

Ordered, That the Secretary inform the House of Representatives of the decease of the Vice President of the United States, and communicate the foregoing resolution.

A message from the House of Representatives informed the Senate that the House concur in the resolution of the Senate for the appointment of a joint committee, to consider and report measures proper to manifest the public respect for the memory of the VICE PRESIDENT of the United States, deceased; and have appointed a committee on their part.

The Senate then adjourned.

THURSDAY, November 24.

On motion, by Mr. GORE,

Resolved, unanimously,That from an unfeigned

FRIDAY, November 25.

The resolution brought up from the House of Representatives the 22d instant, for appointing a joint committee, was read, and passed to the second reading.

The resolution for furnishing the American Antiquarian Society with a copy of the Journals of Congress, and of the documents published under their order, was read a third time, and passed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act for the relief of the petty officers and seamen under the command of Captain Joshua Barney;" and Mr. SMITH was requested to take the Chair.

On motion, by Mr. GAILLARD, the bill having been amended, so as to include the non-commissioned officers and privates of the marine corps, on motion, by Mr. BROWN, the further consideration thereof was postponed until the first Monday in April next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Bowie and Kurtz, and others; and, on motion, the further consideration thereof was postponed until Monday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill supplebanks, bankers, and certain companies; on notes, mentary to an act laying duties on notes of bonds, and obligations, discounted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions; and, no amendment having been proposed, the bill was ordered to be engrossed and read the third time.

ELECTION OF PRESIDING OFFICER On motion, by Mr. BRENT, that the Senate now proceed to the election of President pro tempore.

Mr. GERMAN Submitted the following motion: at 12 o'clock, proceed to the choice of a President pro Resolved, That the Senate will on Monday next, tempore."

This question was negatived by the following.

vote:

For the motion-Messrs. Daggett, Dana, German, Goldsborough, Gore, Horsey, Hunter, Lambert, Mason, and Thompson-10.

Against it-Messrs. Anderson, Bibb, Bledsoe, Brent, Brown, Chace, Condit, Fromentin, Gaillard, Lacock, Morrow, Roberts, Robinson, Smith, Tait, Taylor, Turner, Varnum, Walker, and Wharton-20.

Mr. BRENT's motion was then agreed to, and the Senate proceeded to a choice accordingly.

On the first ballot, the whole number of votes being thirty, there were: For Mr. GAILLARD, 14;

his former home, after the expiration of this lingering and ruinous period of service, he will return, not to the cheerful cottage which he left, where joy and plenty smiled, but to a comfortless dwelling, from which want and misery have chased every endearment, save only those whom Providence may have spared, to meet their benefactors' return, with haggard eye and squalid aspect, the miserable evidences of his long and cruel exile. These, sir, are to be some of the certain results of this dreadful conscription; and how few of the many who are doomed to suffer, now dream of the distress which you are at this hour preparing for them! Sir, believe me, there is no fiction in all this; it is but a faint sketch of the calamities that are destined to afflict us, the reality of which will far outstrip the anticipation of the liveliest imagination. Let me then ask you, sir, if you really intend to adopt this system as the law of the land, hostile as it is to the Constitution, and pregnant with all these ills? Have the people of this country not yet suffered enough? Will this honorable Senate, wise, discreet, and reflecting, on whom the nation rests its hopes, to whom they have been taught to look in the moment of anxiety and trial, and upon whose floor, we have been once told, the last expiring struggles of the liberties of this country would be exhibited, if they are doomed to expire-will they sanction, by their approbation, such a measure as this?

Sir, it is not wise in those who are ambitious of fame to indulge too much in prophetic views of things, but I fancy that I put little to hazard, when I say, carry this system into execution when you will, and you will find that the people of the country will not bear it; not that a party will not bear it, but the great body of the people will frown indignant upon this attempt to despoil them of the blessings of their Constitutional rights and personal liberties.

NOVEMBER, 1814.

the country, even to their very hearths and firesides, to drag them forth in handcuffs to the field of battle, there to fight against the wrongs of impressment, and to conquer the freedom of the seas.

Mr. President, there is a foreboding that arises from all this which fills me with the deepest concern. The growth of tyranny, when it once begins, is strong and rapid. A few years past, and the name of conscription was never uttered but it was coupled with execration; last year, it found its way into a letter from the then Secretary of War to the chairman of the Military Committee, and it was then so odious that it was but little exposed to view. This year, we have conscription openly recommended to us by the Secretary of War in an official paper; and, worst of all, it finds champions and advocates on this floor. What have we to expect next, but that, in the ensuing year, we shall see it stalking abroad through the land, accompanied by its loathsome train of fetters and chains, and executioners. And why is all this to be done? The necessity of the crisis is offered as the plea; yes, sir, necessity, that blood-stained plea of tyrants, which has served every scheme of usurpation, to sacrifice the lives and liberties of men, to aid its projects of self-aggrandizement and ambition, is now given to justify this measure; nothing is therefore left to us, but, before it be too late, to improve the experience which the misfortunes of others have taught us, to our own and the national preservation. The necessities of the times, of which we hear so much and feel so sensibly, ought properly enough to urge us to active and animated exertions in behalf of the nation; there is a vigor and a zeal which should characterize all our conduct at this doubtful moment; but the ardor which impels to action should be watched, lest it betray us into error and excess. Times of imminent peril and alarm, are periods when public liberty is most in danger, and it is difficult to decide whether he is the worthiest patriot who goes to battle in defence of a nation's rights, or he who stands the faithful sentinel over the Constitution in times of general effervescence, to guard it from violation and abuse.

Unwilling, sir, to consume the time of the Senate, whose patience, as well as my own, has been much exhausted by the lingering progress of this bill, I shall content myself with the remarks I have made upon the point which seemed most particularly to demand an open and avowed opposition. Having before taken an occasion to express my opinion upon the other exceptionable parts of the bill, I will not trouble you with a recapitulation.

Sir, you dare not, at least I hope you dare not, attempt a conscription to fill the ranks of your regular army. When the plan of the Secretary of War made its appearance, it was gratifying to find that it met with the abhorrence of almost every man in the nation, and the merit of the bill before you, if such a measure can be supposed to have merit at all, is, that it is little else, as regards the militia, than a servile imitation of the Secretary's plan. And will you treat your militia with more rigor than you are willing to practise upon your regular soldiers? Will you adopt a system of tyranny towards them, that you are reluctant to attempt towards the Army? Availing yourselves of the popular appellation of militia, you undertake to enforce a system of conscription whose very severity must rouse those who may I must once more express to you, Mr. President, have been lulled into acquiescence, by a total the deep regret I feel, at not being able to give want of suspicion. Thus, sir, it is, that the war- my vote in favor of a measure, which is said to be spirit of the nation has sunk so low that, like the designed to be for the defence of the States. There fallen public credit of the country, neither banks is not a man in this Senate, or in this nation, who or bounties can revive it. And the advocates of is more willing, or who will go further in applythis bill, becoming rash by disaster, since neithering the true means of the country to its defence monstrous bounties in money or in land will avail at this time, than myself. But, upon all questions, them, now call upon us to pursue the freemen of sir, there are certain bounds beyond which I can

NOVEMBER, 1814.

Election of Presiding Officer.

SENATE.

On the question, Shall this bill pass? it was then taken and determined in the affirmative-crape round the left arm for thirty days. yeas 19, nays 12, as follows:

YEAS-Messrs. Bibb, Bledsoe, Brent, Brown, Chace, Condit, Fromentin, Gaillard, Giles, Lacock, Morrow, Roberts, Smith, Tait, Taylor, Turner, Walker, Wharton, and Worthington.

NAYS-Messrs. Anderson, Daggett, Dana, German, Goldsborough, Gore, Horsey, Hunter, Lambert, Mason, Thompson, and Varnum.

FRIDAY, November 25.

The resolution brought up from the House of Representatives the 22d instant, for appointing a joint committee, was read, and passed to the second reading.

The resolution for furnishing the American Antiquarian Society with a copy of the Journals of Congress, and of the documents published under their order, was read a third time, and passed. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An

WEDNESDAY, November 23.

· DEATH OF THE VICE PRESIDENT. About the hour of meeting, a report having reached the Senate Chamber of the death of the VICE PRESIDENT of the United States, the members from Massachusetts, Messrs. VARNUM and GORE, proceeded to his lodgings to ascertain the fact; and, on their return, having announced the fact to the Senate, the following proceeding took place, on motion of Mr. BLEDSOE,

The Senate, being informed of the death of their distinguished fellow-citizen, ELBRIDGE GERRY, Vice President of the United States,

revered.

Ordered, That Messrs. GORE, VARNUM, SMITH,
ANDERSON, and GAILLARD, be the committee.
On motion of Mr. BLEDSOE,

Ordered, That the Secretary inform the House of Representatives of the decease of the Vice President of the United States, and communicate the foregoing resolution.

The Senate then adjourned.

THURSDAY, November 24.

under the command of Captain Joshua Barney;" and Mr. SMITH was requested to take the Chair.

The Senate resumed, as in Committee of the Whole, the consideration of the bill supplementary to an act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations, discounted by banks, bankers, and certain companies; and on bills of ment having been proposed, the bill was ordered exchange of certain descriptions; and, no amendto be engrossed and read the third time.

ELECTION OF PRESIDING OFFICER

On motion, by Mr. BRENT, that the Senate now proceed to the election of President pro tempore.

Mr. GERMAN Submitted the following motion : at 12 o'clock, proceed to the choice of a President pro "Resolved, That the Senate will on Monday next, tempore."

This question was negatived by the following

Vote:

For the motion-Messrs. Daggett, Dana, German, Goldsborough, Gore, Horsey, Hunter, Lambert, Mason, and Thompson-10.

Brown, Chace, Condit, Fromentin, Gaillard, Lacock,
Against it-Messrs. Anderson, Bibb, Bledsoe, Brent,
Morrow, Roberts, Robinson, Smith, Tait, Taylor,
Turner, Varnum, Walker, and Wharton-20.

Mr. BRENT's motion was then agreed to, and
the Senate proceeded to a choice accordingly.
On the first ballot, the whole number of votes
Resolved, unanimously,That from an unfeigned being thirty, there were: For Mr. GAILLARD, 14;

On motion, by Mr. GORE,

Mr. KING, 10; Mr. CHACE, 3; Mr. ANDERSON, 1; Mr. SMITH, 1; and Mr. TAIT, 1.

On the second ballot, there were: For Mr. GAILLARD, 16; Mr. KING, 10; Mr. CHACE, 5; and Mr. ANDERSON, 1.

Mr. GAILLARD was therefore declared duly elected; and, on taking the Chair, addressed the Senate nearly as follows:

NOVEMBER, 1814.

Mr. HUNTER called up the petition of Henry Nimmo, of Warren, in the State of Rhode Island, presented on the 3d of March, 1814, praying the remission of certain duties on one hundred bales of cotton, the growth and produce of the State of Georgia, as therein stated; and, on his motion, it was referred to a select committee, to consider and report thereon, by bill or otherwise; and Messrs. HUNTER, ROBERTS, and BIBB, were appointed the committee.

"Honorable Gentlemen: While I lament the sudden and melancholy event which has led to the distinguished honor conferred on me, I am so truly senMr. FROMENTIN, from the committee to whom sible of my own incompetency to discharge the duties was referred the bill, entitled "An act for the of the station to which I am called, in a manner suita-relief of John Castille, of the city of New Orble to their importance, and correspondent to the leans," reported it without amendment; and, on dignity of this honorable body, that I approach the his motion, the bill was considered as in Commitexercise of them with unfeigned diffidence and appre- tee of the Whole, and it was ordered to a third hension. All that I dare hope is, that my efforts will reading. be considered as the result of well-meant intentions: all that I dare promise is, that my best exertions shall be directed to a faithful and impartial execution of the trust confided to me. Relying, then, on the candor and liberality which have ever characterized this respectable Assembly, I will proceed to the performance of the duties assigned me."

On motion, by Mr. BIBB,

Ordered, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in consequence of the decease of the VICE PRESIDENT of the United States, elected the Honorable JOHN GAILLARD President of the Senate pro tempore.

Ordered. That the Secretary make a similar communication to the House of Representatives.

The bill supplementary to an act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations, discounted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions, was reported by the committee correctly engrossed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to extend the time of Oliver Evans's patent for his improvement on steam engines; and, after debate, the Senate adjourned.

MONDAY, November 28.

The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Bowie and Kurtz, and others; and, no amendment having been proposed, on the question, Shall this bill be engrossed and read a third On motion, by Mr. VARNUM, to amend the time? on motion, by Mr. SMITH, the further conJournal of yesterday, by striking out the follow-sideration thereof was postponed until to-morrow. ing words:

SATURDAY, November 26.

"On motion of Mr. Anderson,

"Having been required by a majority," and inserting, in lieu thereof, "being desired by one-fifth," so to read, "the yeas and nays being desired by one-fifth of the Senators present."

It was determined in the affirmative-yeas 18 nays 7.

On motion, by Mr. GERMAN, the yeas and nays having been desired by one-fifth of the Senators present, those who voted in the affirmative areMessrs. Bibb, Daggett, Dana, Gaillard, German, Goldsborough, Horsey, Hunter, Lambert, Mason, Morrow, Smith, Tait, Taylor, Thompson, Turner, Varnum, and Walker.

Those who voted in the negative areMessrs. Anderson, Chace, Condit, Fromentin, Lacock, Roberts, and Robinson.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act authorizing the Secretary of State, during the continuance of the present war, to make an additional allowance to the owners and masters of vessels for bringing back to the United States destitute and distressed American seamen;" and the bill was ordered to the third reading.

The bill was then read a third time, by unanimous consent, and passed.

The resolution from the House of Representatives, appointing a committee on their part to join such committee as may be appointed on the part of the Senate, to inquire and report whether Congress may not be more conveniently accommodated, either by an alteration of the present Chambers, or by procuring other rooms within a convenient distance of the public offices, was read the second time, considered as in Committee of the Whole, and ordered to a third reading.

The engrossed bill supplementary to an act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations, discounted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions, having been reported correct, was read a third time.

On the question, Shall this bill pass? it was determined in the affirmative-yeas 20, nays 7, as follows:

YEAS-Messrs. Anderson, Bibb, Bledsoe, Brown, Chase, Condit, Dana, Fromentin, Gaillard, Lacock, Morrow, Roberts, Robinson, Smith, Tait, Taylor, Turner, Varnum, Walker, and Wharton.

NAYS-Messrs. Daggett, Goldsborough, Horsey, Hunter, Lambert, Mason, and Thompson.

So it was Resolved, That this bill pass, and that the title thereof be "An act supplementary to

an act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations, discounted by banks, bankers, and certain companies, and on bills of exchange of certain descriptions.

The bill, entitled "An act for the relief of John Castille, of the city of New Orleans," was read a third time, and passed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to extend the time of Oliver Evans's patent for his improvement on steam engines; and sundry amendments having been agreed to, the President reported it 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-yeas 21, nays 8, as follows:

YEAS-Messrs. Anderson, Bledsoe, Brown, Chace, Condit, Dana, Fromentin, Gaillard, German, Horsey, Hunter, Lambert, Morrow, Roberts, Robinson, Smith,

Tait, Turner, Varnum, Walker, and Wharton.
NAYS-Messrs. Bibb, Brent, Daggett, Goldsborough,
Lacock, Mason, Taylor, and Thompson.

Mr. GOLDSBOROUGH, from the joint Library Committee of Congress, to whom the subject was referred, reported a bill to authorize the purchase of the library of Thomas Jefferson, late President of the United States; and the bill was read, and passed to the second reading.

NAVAL ESTABLISHMENT.

Mr. TAIT, from the Committee on Naval Affairs, to whom were referred two resolutions of the 7th instant," instructing them to inquire what provision should be made for the appointment of officers above the grade of Captain in the Navy of the United States," and also, "to inquire what provision should be made for conferring naval rank by brevet, in consideration of meritorious service," made a report as follows:

That your committee assume it as a policy now settled, that the United States are to have a permanent Naval Establishment, which is to be gradually increased, according to circumstances, and as the ability of the Government may permit. Your committee deem it unnecessary to go into a course of reasoning to support the soundness of this policy, and to establish (what is now generally conceded) that a navy is the most appropriate, the most efficient, and the least expensive defence of this country.

The commercial and maritime habits of a large portion of the people of the United States press them to the ocean; hence have arisen competition and rivalship with other nations, pursuing the same course of industry. The history of all nations teaches us that the persons and the property of our citizens on the high seas, unprotected, must be (as indeed they have been) the subjects of frequent violence and injustice. The true remedy against these maritime wrongs is maritime force. A navy, growing up with the growth of the nation, cannot fail, before the lapse of many years, to procure respect from abroad, and safety at home.

Congress, apparently influenced by these considerations, at an early period after the establishment of the General Government, created a Naval Department, and have authorized, from time to time, the building of

SENATE.

ships of war, until the Navy has become respectable, both from the number and rates of its vessels, and, still more so, from the gallantry and splendor of its achievements. By the laws now in force, the Navy will consist of four seventy-fours, three thirty-sixes, eight sloops of war, besides a great number of brigs and schooners, carrying, on the whole, not less than thirteen hundred guns. Of these, there remain to be put on the stocks This force is exclusive of the gunboats, the flotillas, one of the seventy-fours and four of the forty-fours. and lake squadrons; the latter of which consist of between thirty and forty ships, some of which are large. The national vessels on the Lakes do not carry less than five hundred guns.

Your committee are not aware, nor do they believe, that any nation possessing a naval force, such as the above, is without a grade of officers above that of captain. The nation with whom the United States are now at war, is said to have about a thousand public ships; to command which, she has not less than two from rear admiral of the blue to the admiral of the fleet. hundred admirals of ten different grades, ascending At present, the Navy of the United States is comlieutenants, master commandants, and post captains. manded by commissioned officers of three grades only,

The committee would feel that they had not done justice to the subject committed to them, if they failed to contrast the situation of the Army with that of the Navy, as it respects the scope of promotion in each. The Army presents, for the encouragement of an honorable ambition, the high station of major general through ten different grades. It has also advantages in the variety of its corps unknown to the Navy. The youth of our country, ambitious of military fame, may, according to their taste, enter the Army as officers of cavalry, of artillery, of infantry, or of the rifle corps. Not so with the naval officer. All that he can expect, is, to be transferred from a subordinate station to the command of a ship of war. late in the Army cannot but strongly impress the naval The rapid promotions of officer with a deep sense of his own confined situation, and of the cheerless prospect before him. Does not justice, then, dictate that the range for promotion should be enlarged in our Naval Establishment?

Your committee are of opinion that a discreet policy and a prudent foresight, not less than a just regard to the strong claims of the Navy, call for an enlargement of the sphere of promotion. It cannot be long before the Navy will be called on to sail in squadron. The highest attainments in naval tactics should be encouraged. If you expect men to labor for the highest qualifications in their professions, it is necessary to open to them the way to the station requiring them. The surest mean by which you will probably induce the officers to qualify themselves for an admiral's command, is, to create that grade in the Navy; thereby requiring, in the same act, great professional attainments, and offering a reward for them.

Your committee are therefore of opinion, that, whether they view this subject in reference to the practice of older and more experienced nations, or in regard to the just claims and the long and meritorious services of the naval officers, or with a view to a just, prudent, and liberal policy, on the part of the Government, a grade or grades superior to that of captain should now be created in the Naval Establishment.

As to the second resolution, relative to conferring naval rank by brevet, it does occur to your committee as necessary; it having been the practice of the Government to confer actual rank without regard to senior

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The Debates and Proceedings in the Congress of the United States: With an ...