PROCEEDINGS AND DEBATES OF THE SENATE OF THE UNITED STATES, AT THE FIRST SESSION OF THE EIGHTEENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 1, 1823. MONDAY, December 1, 1823. The First Session of the Eighteenth Congress, conformably to the Constitution of the United States, commenced this day at the City of Washington, and the Senate assembled. PRESENT: necticut, in the place of ELIJAH BOARDMAN, deceased; JAMES LLOYD, appointed a Senator by the Legislature of Massachusetts, for the term of six years, commencing on the fourth day of March last; JOSEPH MCILVAINE, appointed a Senator by the Legislature of the State of New Jersey, to supply the vacancy occasioned by the resignation SAMUEL BELL and JOHN F. PARROTT, from of SAMUEL L. SOUTHARD; ROBERT Y. HAYNE, New Hampshire. JAMES LLOYD, from Massachusetts. NEHEMIAH R. KNIGHT, from Rhode Island. from Vermont. RUFUS KING and MARTIN VAN BUREN, from New York. MAHLON DICKERSON and JOSEPH MCILVAINE, from New Jersey. WALTER LOWRIE and WILLIAM FINDLAY, from Pennsylvania. SAMUEL SMITH, from Maryland. JAMES BARBOUR, from Virginia. NATHANIEL MACON, from North Carolina. appointed a Senator by the Legislature of the commencing on the fourth day of March last; State of South Carolina, for the term of six years, HENRY JOHNSON, appointed a Senator by the Leof six years, commencing on the fourth day of gislature of the State of Louisiana, for the term Senator by the Legislature of the State of Illinois, March last; and JESSE B. THOMAS, appointed a fourth day of March last, respectively produced for the term of six years, commencing on the prescribed by law was administered to them, and their credentials, which were read; and the oath they took their seats in the Senate. The credentials of THOMAS H. WILLIAMS, appointed a Senator by the Legislature of the State of Mississippi, for the term of six years, commenc JOHN GAILLARD and ROBERT Y. HAYNE, from ing on the fourth day of March last, were read. South Carolina. JOHN ELLIOTT, from Georgia. ISHAM TALBOT, from Kentucky. Louisiana. DAVID HOLMES, from Mississippi. JAMES NOBLE and WALLER TAYLOR, from Indiana. JESSE B. THOMAS, from Illinois. JOHN CHANDLER and JOHN HOLMES, from Maine. The oath was also administered to Mr. CHANDLER, Mr. KNIGHT, and Mr. DICKERSON-their credentials having been read and filed during the last session. On motion of Mr. BARBOUR, it was agreed that when the Senate adjourn, it be to half after one o'clock, P. M.; and, on motion, the Senate adjourned. Half after one o'clock, P. M. The usual orders for the appointment of Chaplains; for supplying the members with newspa DAVID BARTON and THOMAS H. BENTON, from pers; and for the appointment of joint committees Missouri. JOHN GAILLARD, President pro tempore, resumed the Chair. on enrolled bills,-were severally passed. Messrs. BARBOUR and MACON were appointed a committee, jointly, with such as the House may gislature of the State of New Hampshire, for the States, and inform him of the organization of the SAMUEL BELL, appointed a Senator by the Le- appoint, to wait upon the President of the United of March last; HENRY W. EDWARDS, appointed communication from him; and then the Senate term of six years, commencing on the fourth day two Houses, and of their readiness to receive any a Senator by the Executive of the State of Con- adjourned to 11 o'clock to-morrow. EDWARD LLOYD, from the State of Maryland; and, also, ETHAN ALLEN BROWN, from the State of Ohio, severally attended. JOHN BRANCH, appointed a Senator by the Legislature of the State of North Carolina, for the term of six years, commencing on the fourth day of March last, produced his credentials, which were read, and the oath prescribed by law was administered to him; and the oath was also administered to Mr. WILLIAMS, whose credentials were read yesterday; and they took their seats in the Senate. Mr. BARBOUR, of the joint committee appointed to wait upon the PRESIDENT, and inform him of the organization of the two Houses, and their readiness to receive any communication from him, reported, that the Committee had attended to the duties assigned them; and that the President was pleased to say, that he would communicate with the two Houses, by Message, this day. On motion of Mr. CHANDLER, it was agreed that the Senate will meet at twelve o'clock on each day of its session, until otherwise ordered. Mr. LANMAN submitted the following resolution for consideration: 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 shall be paid out of the contingent fund. The resolution was read twice by unanimous consent, and considered as in Committee of the Whole; and on the question, "Shall this resolution be engrossed and read a third time?" it was determined in the affirmative. The PRESIDENT communicated a letter from the Secretary of the Senate, with the statements made in obedience to a joint "Resolution requiring from the Secretary of the Senate and Clerk of the House of Representatives, an annual statement of the expenditures from the contingent fund of the two Houses," approved March 1st, 1823; which were read. REVOLUTIONARY PENSIONERS, &c. The following communications, received from the Secretary of War, were read, and ordered, with the accompanying papers, to be printed: WAR DEPARTMENT, December 1, 1823. SIR: Agreeably to the resolution of the Senate of the United States, passed on the 1st of March last, directing the Secretary of War to report, during the first week of the present session of Congress, the number of Revolutionary pensioners in each State, at this time on the list, and the amount of money received or receivable in each State, on account of Revolutionary pensioners, I herewith transmit a statement showing the number of such pensioners in each State and Territory of the United States, and the sum receivable annually in each on account of said pensioners. I have the honor to be, &c. Hon. J. GAILLARD, J. C. CALHOUN. President, pro tem, Senate U S. DECEMBER, 1823. Statement of the number of Pensioners, and the sums receivable by them in the several States and Terri tories, as follows: Maine New Hampshire Massachusetts Total directing the "Secretary to inform the Senate of the SIR: In compliance with a resolution of the Senate, original amount of a judgment, lately obtained by the United States, in the district court of the Eastern District of Pennsylvania, against Colonel William Duane, and what credits have been allowed to the defendant since the date of the judgment, the dates of such credits, by whom given, and under what authority," I have the honor to transmit, herewith, reports of the Third and Fifth Auditors, which furnish the information required. I have the honor to be, &c. J. C. CALHOUN. To the PRESIDENT of the Senate U. S. The resolution directing the supply of newspapers, having been reported by the committee correctly engrossed, was read a third time, and passed. PRESIDENT'S MESSAGE. PRESIDENT OF THE UNITED STATES: House of Representatives : Many important subjects will claim your attention during the present session, of which I shall endeavor to give, in aid of your deliberations, a just idea in this communication. I undertake this duty with diffidence, from the vast extent of the interests on which I have to treat, and of their great importance to every portion of our Union. I enter on it with zeal, from a thorough conviction that there never was a period, since the establishment of our Revolution, when, regarding the condition of the civilized world, and its bearing on DECEMBER, 1823. President's Annual Message. SENATE. been to arrange, in like manner, the just claim of the citizens of the United States inhabiting the States and Territories bordering on the lakes and rivers which empty into the St. Lawrence, to the navigation of that river to the ocean. For these and other objects, of high importance to the interests of both parties, a negotiation has been opened with the British Government which, it is hoped, will have a satisfactory result. us, there was greater necessity for devotion in the pub-ment to regulate this commerce by treaty, as it has lic servants to their respective duties, or for virtue, patriotism, and union, in our constituents. Meeting in you a new Congress, I deem it proper to present this view of public affairs in greater detail than might otherwise be necessary. I do it, however, with peculiar satisfaction, from a knowledge that, in this respect, I shall comply more fully with the sound principles of our Government. The people being with us exclusively the sovereign, it is indispensable that full information be laid before them on all important The Commissioners under the sixth and seventh subjects, to enable them to exercise that high power articles of the Treaty of Ghent, having successfully with complete effect. If kept in the dark, they must closed their labors in relation to the sixth, have probe incompetent to it. We are all liable to error, and ceeded to the discharge of those relating to the seventh. those who are engaged in the management of public Their progress in the extensive survey, required for affairs are more subject to excitement, and to be led the performance of their duties, justifies the presumpastray by their particular interests and passions, than tion that it will be completed in the ensuing year. the great body of our constituents, who, living at The negotiation which had been long depending home, in the pursuit of their ordinary avocations, are with the French Government on several important calm but deeply interested spectators of events, and of subjects, and particularly for a just indemnity for the conduct of those who are parties to them. To the losses sustained in the late wars by the citizens of the people, every Department of the Government, and United States, under unjustifiable seizures and confisevery individual in each, are responsible, and the more cations of their property, has not, as yet, had the defall their information, the better they can judge of the sired effect. As this claim rests on the same principle wisdom of the policy pursued, and of the conduct of with others which have been admitted by the French each in regard to it. From their dispassionate judg-Government, it is not perceived on what just ground ment, much aid may always be obtained, while their approbation will form the greatest incentive, and most gratifying reward, for virtuous actions, and the dread of their censure the best security against the abuse of their confidence. Their interests, in all vital ques- At the proposal of the Russian Imperial Governtions, are the same, and the bond by sentiment, as ment, made through the Minister of the Emperor rewell as by interest, will be proportionably strengthened siding here, a full power and instructions have been as they are better informed of the real state of public transmitted to the Minister of the United States at St. affairs, especially in difficult conjunctures. It is by Petersburg, to arrange, by amicable negotiation, the such knowledge that local prejudices and jealousies respective rights and interests of the two nations on are surmounted, and that a national policy, extending the northwest coast of this continent. A similar proits fostering care and protection to all the great inter-posal had been made by His Imperial Majesty to the ests of our Union, is formed and steadily adhered to. Government of Great Britain, which has likewise been A precise knowledge of our relations with foreign acceded to. The Government of the United States Powers, as respects our negotiations and transactions with each, is thought to be particularly necessary. | Equally necessary is it, that we should form a just estimate of our resources, revenue, and progress in every kind of improvement connected with the national prosperity and public defence. It is by rendering justice to other nations, that we may expect it from them. It is by our ability to resent injuries, and redress wrongs, that we may avoid them. The Commissioners under the fifth article of the Treaty of Ghent, having disagreed in their opinions respecting that portion of the boundary between the territories of the United States and of Great Britain, the establishment of which had been submitted to them, have made their respective reports, in compliance with that article, that the same might be referred to the decision of a friendly Power. It being manifest, however, that it would be difficult, if not impossible, for any Power to perform that office, without great delay and much inconvenience to itself, a proposal has been made by this Government, and acceded to by that of Great Britain, to endeavor to establish that boundary by amicable negotiation. It appearing, from long experience, that no satisfactory arrangement could be formed of the commercial intercourse between the United States and the British colonies in this hemisphere, by legislative acts, while each party pursued its own course, without agreement or concert with the other, a proposal has been made to the British Govern it can be rejected. A Minister will be immediately appointed to proceed to France, and resume the negotiation on this and other subjects which may arise between the two nations. has been desirous, by this friendly proceeding, of manifesting the great value which they have invariably attached to the friendship of the Emperor, and their solicitude to cultivate the best understanding with his Government. In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European Power. Since the close of the last session of Congress, the commissioners and arbitrators for ascertaining and determining the amount of indemnification which may be due to citizens of the United States, under the decision of His Imperial Majesty the Emperor of Russia, in conformity to the convention concluded at St. Petersburg, on the twelfth of July, one thousand eight hundred and twenty-two, have assembled in this city, and organized themselves as a board for the performance of the duties assigned to them by that treaty. The commission constituted under the eleventh article of the treaty of twenty-second February, one thousand eight hundred and nineteen, between the United States and Spain, is also in session here; and as the term of three years, limited by the treaty for the execution of the trust, will expire before the period of the next regular meeting of Congress, the attention of the Legislature will be drawn to the measures which may be necessary to accomplish the objects for which the commission was instituted. In compliance with a resolution of the House of Representatives, adopted at their last session, instructions have been given to all the Ministers of the United States accredited to the Powers of Europe and America, to propose the proscription of the African slave trade, by classing it under the denomination, and inflicting on its perpetrators the punishment of piracy. Should this proposal be acceded to, it is not doubted that this odious and criminal practice will be promptly and entirely suppressed. It is earnestly hoped that it will be acceded to, from a firm belief that it is the most effectual expedient that can be adopted for the purpose. At the commencement of the recent war between France and Spain, it was declared by the French Government that it would grant no commission to privateers, and that neither the commerce of Spain herself, nor of neutral nations, should be molested by the naval force of France, except in the breach of a lawful blockade. This declaration, which appears to have been faithfully carried into effect, concurring with principles proclaimed and cherished by the United States, from the first establishment of their independence, suggested the hope that the time had arrived when the proposal for adopting it as a permanent and invariable rule in all future maritime wars might meet the favorable consideration of the great European Powers. Instructions have accordingly been given to our Ministers with France, Russia, and Great Britain, to make those proposals to their respective Governments; and, when the friends of humanity reflect on the essential amelioration to the condition of the human race, which would result from the abolition of private war on the sea, and on the great facility by which it might be accomplished, requiring only the consent of a few sovereigns, an earnest hope is indulged that these overtures will meet with an attention, animated by the spirit in which they were made, and that they will ultimately be successful. The Ministers who were appointed to the Republics of Colombia and Buenos Ayres, during the last session of Congress, proceeded, shortly afterwards, to their destinations. Of their arrival there, official intelligence has not yet been received. The Minister appointed to the Republic of Chili will sail in a few days. An early appointment will also be made to Mexico. A Minister has been received from Colombia, and the other Governments have been informed that Ministers, or diplomatic agents of inferior grade, would be received from each, accordingly as they might prefer the one or the other. The Minister appointed to Spain proceeded, soon after his appointment, for Cadiz, the residence of the Sovereign to whom he was accredited. In approaching that port, the frigate which conveyed him was warned off by the commander of the French squadron, by which it was blockaded, and not permitted to enter, although apprized, by the captain of the frigate, of the public character of the person whom he had on board, the landing of whom was the sole object of his proposed entry. This act, being considered an infringement of the rights of ambassadors and of nations, will form a just cause of complaint to the Government of France, against the officer by whom it was committed. DECEMBER, 1823. The actual condition of the public finances more than realizes the favorable anticipations that were entertained of it at the opening of the last session of Congress. On the first of January there was a balance in the Treasury of four millions two hundred and thirtyseven thousand four hundred and twenty-seven dollars and fifty-five cents. From that time to the thirtieth of September, the receipts amounted to upwards of sixteen millions one hundred thousand dollars, and the expenditures to eleven millions four hundred thousand dollars. During the fourth quarter of the year, it is estimated that the receipts will at least equal the expenditures, and that there will remain in the Treas ury, on the first day of January next, a surplus of nearly nine millions of dollars. On the first of January, eighteen hundred and twenty-five, a large amount of the war debt, and a part of the Revolutionary debt, become redeemable. Additional portions of the former will continue to become redeemable, annually, until the year eighteen hundred and thirty-five. It is believed, however, that, if the United States remain at peace, the whole of that debt may be redeemed by the ordinary revenue of those years, during that period, under the provision of the act of March third, eighteen hundred and seventeen, creating the Sinking Fund; and in that case the only part of the debt that will remain, after the year eighteen hundred and thirty-five, will be the seven millions of five per cent. stock subscribed to the Bank of the United States, and the three per cent. Revolutionary debt, amounting to thirteen millions two hundred and ninety-six thousand and ninety-nine dollars and six cents, both of which are redeemable at the pleasure of the Government. The state of the Army, and its organization and discipline, has been gradually improving for several years, and has now attained a high degree of perfection. The military disbursements have been regularly made, and the accounts regularly and promptly rendered for settlement. The supplies of various descriptions have been of good quality, and regularly issued at all of the posts. A system of economy and accountability has been introduced into every branch of the service, desirable state has been attained by the act reorganizwhich admits of little additional improvement. This ing the staff of the Army, passed on the fourteenth of April, eighteen hundred and eighteen. The moneys appropriated for fortifications have been regularly and economically applied, and all the works advanced as rapidly as the amount appropriated would admit. Three important works will be completed in the course of the year; that is, Fort Washington, Fort Delaware, and the fort at the Rigolets, in Louisiana. The Board of Engineers, and the Topographical corps, have been in constant and active service, in surveying the coast, and projecting the works necessary for its defence. The Military Academy has attained a degree of perfection in its discipline and instruction, equal, it is believed, to any institution of its kind in any country. The money appropriated for the use of the Ordnance department has been regularly and economically applied. The fabrication of arms at the national armories, and by contract with the department, has been gradually improving in quality and cheapness. It is believed that their quality is now such as to admit of but little improvement. The completion of the fortifications renders it ne |