[APRIL, 1814. Speaker, the Vice President said he should hereafter retire in time for the appointment of a President pro tempore. But he wished always to be understood, that this determination would be in conformity with his sense of duty to the public, in respect to legislative proceedings; and that, on every occasion, he should retain his seat whilst any important bill or measure was pending, and was to be finished at that session.

Government; he said, if the Senate had no objection he would now retire, with an assurance that his best wishes would follow the Senate and every member of it; and his sincere hopes that, on their return to their homes, respectively, they would find their families and friends in health, and be happy in their affectionate interviews.

of the House of Representatives, for the time being, shall act as President of the United States, until the disability be removed, or a President shall be elected." If, then, he stated, it should happen that during any session, the President should die, the Vice President would fill the Chair of State, and the Senate would appoint a President pro tempore, who would succeed the Vice President, in case of his death, during the next ensuing recess of Congress. And the same would happen in case of the death Having made these observations, and others, of the Vice President, in any session, and of the in regard to his views of the obligatory nature President, in the next ensuing recess of Con- of laws, on all persons in Government, on those gress. But, if both the President and Vice who had opposed, and on those who had sup President should die in any such recess, and the ported the laws, whilst pending as bills, as well Vice President should have previously adjourn- as on the community at large, particularly alluded the Senate, then there would be no Presi- ing to the law which had declared war and indent pro tempore, and the Speaker of the House creased his responsibility; and the tendency of of Representatives would fill the Chair of Gov-a contrary conduct to prostrate the laws and ernment, according to law. He further observed that, on this view of the subject, it might be said, that the constitution did not contemplete the appointment of a President pro tempore, because the words being, "the Vice President of the United States shall," and not may, "be President of the Senate," are imperative, and leave no discretion on his part, to quit the Chair before he had adjourned the Senate. And that, in regard to the law, it having provided for the deficiency of a President pro tempore, favors the construction mentioned of the constitution, and considers the Vice President as being under the necessity of remaining in the Chair until he shall have adjourned the Senate. That, on the other hand, may be urged, the high station and dignity of the Senate, resulting from its various important powers, and its other qualities, and establishing a claim, that an officer representing it should, in the events mentioned, succeed to the Chair of State. The law, also, giving a preference to the President pro tempore, when in competition with the Speaker, appears to establish a principle, which the practice of the Senate, under that law, has, in a certain degree, carried into effect; for, from the passing that act to the present time, there are but one or two instances in which the adjournment of the Senate has not been by a President pro tempore. As, then, the dignity of the Senate, its rights and privileges, (all of which the President conceived himself bound and was disposed to support,) seemed to be involved in the question of appointing, in each session of the Senate, a President pro tempore to adjourn it; and as it may also happen that there may be no

In the absence of the VICE PRESIDENT, on motion, by Mr. KING, the Senate proceeded to the choice of a President pro tempore, as the constitution provides; and the Hon. JOHN GAILLARD was elected.

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

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

The Senate adjourned until five o'clock P. M.
Five o'clock in the Evening.
Adjournment.

A message from the House of Representatives informed the Senate that the House, hav ing finished the business before them, are about to adjourn.

Ordered, That the Secretary inform the House of Representatives that the Senate, having finished the legislative business before them, are about to adjourn.

DENT adjourned the Senate, to meet on the last
Agreeably to the joint resolution, the PRESI
Monday in October next.

MONDAY, December 6, 1813.

The SPEAKER (Hon. HENRY CLAY, of Kentucky) took the Chair at a few minutes after 12 o'clock.

Having stated the severe indisposition of the Clerk of the House, (P. Magruder,) which disabled him from attending, the SPEAKER intimated that, if no objection was made to the procedure, the Assistant Clerk (Mr. G. MAGRUDER) would act until the Clerk should be sufficiently recovered to attend to his duty in the House.

No objection being made to the proposition, the Assistant Clerk proceeded to call over the roll by States; when it appeared that the following gentlemen were present:

From New Hampshire-Roger Vose.

From Massachusetts-William Baylies, Abijah Bigelow, Daniel Dewey, Levi Hubbard, Cyrus King, John Reed, Nathaniel Ruggles, and James Parker.

From Connecticut-Epaphroditus Champion, John Davenport, jr., Lyman Law, Jonathan O. Mosely, Timothy Pitkin, and Lewis B. Sturges.

From Vermont-William C. Bradley, Ezra Butler, Richard Skinner, and Charles Rich.

From North Carolina-Willis Alston, John Culpeper, Peter Forney, Nathaniel Macon, Joseph Pearson, Israel Pickens, and Bartlett Yancey.

From South Carolina--Samuel Farrow, Theodore

Gourdin, John Kershaw, and William Lowndes.
George M. Troup.
From Georgia-William Barnett, Bolling Hall, and

From Kentucky-Joseph Desha, William P. Duvall, Samuel McKee, Thomas Montgomery, Stephen Ormsby, and Solomon P. Sharp.

From Tennessee--John H. Bowen, Thomas K. Harris, Perry W. Humphreys, and John Rhea.

From Ohio-John Alexander, Rezin Beall, James Caldwell, William Creighton, jr., and John McLean. From Louisiana-Thomas Bolling Robertson.

It appearing that a majority of the whole House, forming a quorum thereof, was present, the SPEAKER announced the readiness of the House to proceed to business.

The following new members were qualified, and took their seats:

From Pennsylvania, DANIEL UDREE, in the place of Mr. Hyneman, resigned; and EDWARD CROUCH, in the place of Mr. Gloninger, resigned. JONATHAN JENNINGS, the Delegate from the From New York-Daniel Avery, Oliver C. Com-Territory of Indiana; EDWARD HEMPSTEAD, the stock, Jonathan Fisk, James Geddes, Thos. P. Gros- Delegate from the Territory of Missouri; and venor, Moses Kent, John Lefferts, John Lovett, Jacob SHADRACK BOND, the Delegate from the TerriMarkell, Morris S. Miller, Moses Moffit, Ebenezer tory of Illinois, severally appeared, and took Sage, William S. Smith, John W. Taylor, and Elisha their seats. L. Winter.

From Pennsylvania-Wm. Anderson, David Bard, Robert Brown, John Conard, William Crawford, Roger Davis, William Findlay, Hugh Glasgow, Isaac Griffin, Charles Jared Ingersoll, Samuel D. Ingham, Jared Irwin, Aaron Lyle, William Piper, Jonathan Roberts, Adam Seybert, Isaac Smith, Adamson Tannehill, and Thomas Wilson.

From Delaware--Thomas Cooper.

From Maryland-Stevenson Archer, Joseph Kent, Alexander McKim, Nicholas R. Moore, and Philip Stewart.

WILLIAM LATTIMORE appeared, and produced his credentials, as the Delegate from the Territory of Mississippi, was qualified, and took his

seat.

TUESDAY, December 7.

Several other members, to wit: from Massachusetts, TIMOTHY PICKERING and LABAN WHEATON; from Vermont, WILLIAM STRONG; from Rhode Island, RICHARD JACKSON, jr.; from ConYork, THOMAS J. OAKLEY; from Maryland, ALnecticut, BENJAMIN TALLMADGE; from New EXANDER C. HANSON; from Virginia, JoHN From Virginia-William A. Burwell, John Daw-CLOPTON and HUGH CAPERTON; from North son, John W. Eppes, Thomas Gholson, Peterson Carolina, RICHARD STANFORD and MESHACK Goodwyn, John P. Hungerford, John Kerr, Joseph FRANKLIN; from South Carolina, JOHN C. CALLewis, jr., William McCoy, Hugh Nelson, Thomas HOUN; and from Tennessee, JOHN SEVIER, SevNewton, John Smith, and Francis White. erally appeared, and took their seats.

H. OF R.]

President's Message.

ency of making provision, by law, for the apA Message from the President was then re-pointment of an additional Judge of the Suceived; which was read, and referred to the Committee of the Whole on the state of the Union.

[For this Message see Senate Proceedings of this date, ante, page 75.]

WEDNESDAY, December 8.

Several other members, to wit: from Massachusetts, WILLIAM ELY and ELIJAH BRIGHAM from North Carolina, WILLIAM KENNEDY; and from Tennessee, FELIX GRUNDY, severally appeared, and took their seats.

THURSDAY, December 9.

Several other members, to wit: from Massachusetts, SAMUEL TAGGART; and from New York, JOTHAM POST, jr., and ZEBULON R. SHIPARD, severally appeared, and took their seats.

FRIDAY, December 10.

Several other members, to wit: from Pennsylvania, JAMES WHITEHILL; from Maryland, ROBERT WRIGHT; from Virginia, DANIEL SHEFFEY; from North Carolina WILLIAM GASTON; and from South Carolina, JoHN J. CHAPPELL, severally appeared, and took their seats.

Missouri Land Claims.

On motion of Mr. HEMPSTEAD, Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of providing, by law, for the speedy and final confirmation of all grants of land, or orders of survey, lawfully made and completed, by the proper officer, in the late District of Louisiana, now Territory of Missouri, during the time the said Territory was in the actual possession of Spain or France, and while either of those powers exercised the soverignty therein.

Resolved, That said committee inquire into the expediency of making provision, by law, for granting all such claims to land, in said Territory, not exceeding six hundred and forty acres to each claimant, where the claimant, or the person under whom he claims, had actually cultivated the same, prior to the 20th of December, 1813.

Resolved, That said committee be instructed to inquire into the expediency of making provision, by law, to enable persons claiming lands in said Territory, and which shall not be confirmed or granted, under the laws of the United States, to contest the legality of such decisions

in a court of law.

Resolved, That said committee be instructed to inquire into the expediency of extending the right of pre-emption to actual settlers on the public lands in said Territory, and that said committee have leave to report by bill or otherwise.

Resolved, That the Committee on the Judiciary be instructed to inquire into the expedi-]

preme Court, in the Territory of Missouri, exclusively for the District of Arkansas, with leave to report by bill or otherwise.

SATURDAY, December 11.

The doors being opened, Mr. BOYD of New York, Mr. REA of Pennsylvania, Mr. KING of North Carolina, and Mr. CHEVES of South Carolina, severally appeared, and took their seats. And the House then adjourned.

MONDAY, December 13.

Several other members, to wit: from Massachusetts, GEORGE BRADBURY; from Rhode Island, ELISHA R. POTTER; from Virginia, JAMES PLEASANTS, jr.; and from Georgia, TROMAS TELFAIR, severally appeared, and took their

seats.

TUESDAY, December 21.
Retaliation.

Mr. LOVETT moved that the House do come to the following resolutions:

1. Resolved, That the President of the United States be requested to cause to be laid before this House, if, in his opinion, it will not be inconsistent with the public welfare, all the evidence in his possession relative to the commencement, progress, and present state of the system of retaliation upon prisoners of war, to Great Britain have lately resorted. Also, that the which the Governments of the United States and President of the United States will cause to be laid before this House the names of those prisoners of war who have been sent as criminals to England for trial. Also, evidence when and where those prisoners were captured; at what time they emigrated from the British dominions to the United States; when, and in what manner, they had incorporated themselves

Petition of General Alexander Smyth.

H. OF R.]

Relations with France.

petitioner to take Fort George, York, and Kingston, and to winter in Canada, as he was instructed, had created some clamor, your petitioner proposed that an inquiry into his conduct should take place, which the Hon. Secretary, through the medium of the Adjutant General, was pleased to promise; since which time, your petitioner has not had the honor to hear

from the War Office.

Your petitioner would further represent, that he has heard that some members of your honorable body are of opinion that, by an act of the last session regulating the staff of the Army of the United States, your petitioner has become private citizen; and, with this opinion, his own might perhaps accord, were it not impossible to believe that the Congress of the United States, at their last session, could have intentionally committed an act of injustice.

[DECEMBER, 1813. report. To be sure, said he, we who are political heretics, and of course under judgment of fiery condemnation-we, political unbelievers in the true faith, have no right to expect to be initiated into the ceremonies and mysteries of Government. But, sir, until you let into our minds the light of revelation, I beg we may not be cursed and condemned for what we are not permitted to know and comprehend. It had been said, Mr. H. remarked, by an eminent divine, of evangelical piety and much intellectual information, "that where mystery begins, there true religion ends." This observation, and in quoting it he meant no invidious allusion to any religious sect, applied with much more aptness and force to political than to religious or moral concerns. With all the acknowledged forecast and sagacity of the Chair, Mr. H. observed, the Speaker might not, from what little he had perhaps unnecessarily said on this subject, anticipate the nature of the information he was about to move for. therefore quote from the President's Message a passage which appeared to him to render the adoption of the first of the resolves he had beYour petitioner has essayed to engage again in the fore him perfectly proper, and indeed necessary. pursuits of civil life; but he finds that, while the din Mr. H. then recited the passage from the Mesof war continues, it is impossible for him to give the sage, which recommended the adoption of legal necessary attention to any peaceful pursuit. He de- provisions for reciprocating the admission into sires to serve, to die, if Heaven wills it, in the de- our ports of vessels of friendly nations, who adfence of his country; a country that has protected mit within their waters our public and private his infancy, given him a family, and at times distin-armed vessels. This part of the Message, he guished him with considerable honors; from whose Government no act of wrong, personal to himself, will force his esteem, while it maintains, with steady perseverance, that country's rights.

Your petitioner affirms that he has not done or omitted any thing to the injury of the nation; that his chief, if not his only error, has consisted in expressing too freely his indignation against those who had done injuries, or omitted to perform duties, to the nation. The motives which led astray, he conceives, might procure for this error forgiveness. That this affirmation is true, he believes he can satisfy a committee or committees of your honorable body on short notice.

Your petitioner confidently trusts that, in deciding on his prayer, you will be mindful of the rule of justice: "To others do, the law is not severe, what to thyself thou wishest to be done;"-and of the rule of policy:-"The social body is oppressed, when one of its members is oppressed."

He would

said, although the word France was nowhere contained in it, related exclusively to that Government, her dependencies and allies. Now, this part of the Message had been referred to a special committee; and as, in his judgment, an alliance essentially in fact, though not in form, already exists between our country and France, he begged, before the cords which bind us together are drawn closer, that Congress may be The prayer of your petitioner is, that you will re-enabled to legislate intelligently and with wisvise the act organizing the staff of the Army of the United States, and by a declaratory act preserve the rank of your petitioner, as a Brigadier General in the line, abolishing only his authority as Inspector

General.

Mr. HANSON, of Maryland, announced his intention to offer a resolution to the House. He said that the information to be called for by at least one of the resolutions which he should presently offer, was of a nature to require it to be placed before this body as early as possible. One subject excepted, perhaps no information in the power of the Executive was more important to both sides of the House. He did not, he said, mean to be understood as intimating that some, perhaps many, if not all of the political elect, of those initiated into the mysteries of Government, did not possess a minute knowledge of what was only known to him and others as being buzzed about by faint

dom on this subject. At this day, he said, after the very mortifying disclosures of facts in respect to our relation with France, it would not be disputed here that many humiliating injuries had been heaped by her Chief on this country. It would not be disputed that he had surprised, seized, and confiscated millions of our property perfidiously drawn within his grasp to so great an amount as that, to use the language of our Minister, its very magnitude destroyed all hopes of its restitution. To say nothing of the very alarming evils which might ensue, the admission into our ports of French vessels of war and privateers, it was certainly proper that this House, before legislating on this subject, should be apprised distinctly of the state of our relations with France. The second resolution he should offer he was perfectly content to let rest on its intrinsic merits; holding himself, how ever, bound to prove, if the House should let him, all the material facts connected with the subject, and out of which it had grown. H. then read in his place the following resolu❘tions:

Mr.