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sions from some of the colonies, was unauthorized by, and unknown to, the colonial governments, full confidence is entertained, that it will be disclaimed by them, and that effectual measures will be taken to prevent the abuse of their authority in all cases to the injury of the United States.

For these injuries, especially those proceeding from Amelia Island, Spain would be responsible, if it was not manifest that, though committed in the latter instance through her territory, she was utterly unable to prevent them. Her territory, however, ought not to be made instrumental, through her inability to defend it, to purposes so injurious to the United States. To a country over which she fails to maintain her authority, and which she permits to be converted to the annoyance of her neighbors, her jurisdiction for the time necessarily ceases to exist. The territory of Spain will nevertheless be respected, so far as it may be done consistently with the essential interests and safety of the United States. In expelling these adventurers from these posts, it was not intended to make any conquest from Spain, or to injure in any degree the cause of the colonies. Care will be taken that no part of the territory contemplated by the law of 1811 shall be occupied by a foreign government of any kind, or that injuries of the nature of those complained of, shall be repeated, but this, it is expected, will be provided for, with every other interest, in a spirit of amity, in the negotiation now depending with the Government of Spain.

JAMES MONROE.

The Message and accompanying documents were read.

THURSDAY, January 15.

On motion by Mr. GOLDSBOROUGH, Resolved, That when the Senate adjourn, it adjourn until Monday next, for the purpose of having the necessary repairs made in their Chamber to render it safe for their accommodation.

Mr. WILSON, from the Committee of Claims, to whom was referred the petition of Rees Hill, made report, together with the following resolu

tion:

Resolved, That the petitioner have leave to withdraw his papers.

The report and resolution were read. Mr. GOLDSBOROUGH presented the petition of William G. Ridgely, of Georgetown, in the District of Columbia, praying that certain bonds given for an alleged violation of the non-importation law, may be cancelled and restored to him; and the petition was read, and referred to the Committee on Finance.

Mr. SANFORD presented the petition of Michael Hogan, of New York city, representing that early in the month of February, 1813, a valuable house belonging to him in the village of Utica, was taken possession of by a detachment of United States' troops, on their march from Buffalo to Sackett's Harbor, and by them used as a barrack, and praying redress for damages sustained in consequence thereof, as stated in the petition; which was read, and referred to the Committee of Claims.

Mr. SANFORD, from the committee to whom was referred the joint resolution directing the

SENATE.

publication of the Journal and proceedings of the Convention which formed the Constitution of the United States, reported it with amendments; which were read.

The Senate adjourned to Monday morning.

MONDAY, January 19.

The PRESIDENT communicated a letter from Julie Plantou, proposing to sell to Congress an allegorical painting, of her own design and from her own pencil, drawn from the Treaty of Ghent, commemorative of the glory which it shed around the American name; and the letter was read, and referred to the Committee on Commerce and Manufactures.

Mr. BARBOUR submitted the following motion for consideration:

instructed to inquire into the expediency of establishResolved, That the Committee on Naval Affairs be ing naval depots, in such numbers, and such places, as may in their opinion, be most advantageous to the United States.

Mr. MACON laid before the Senate the instructions of the Legislature of the State of North Carolina to their Senators in Congress, to endeavor to obtain an amendment to the Constitution of the United States, as it respects the election of Representatives in Congress, and the appointment of Electors of President and Vice President of the United States; which were read, and referred to the committee to whom was referred, on the 24th December, 1817, the resolution proposing an amendment to the Constitution of the United States, as it respects the election of Representatives in Congress and the appointment of Electors of President and Vice President of the United States; to consider and report thereon.

Mr. GOLDSBOROUGH, from the Committee on the District of Columbia, to whom was referred the bill, entitled "An act making further provision for repairing the public buildings," reported it without amendment.

Mr. BURRILL presented the memorial of the officers and soldiers of the late Rhode Island and representatives, praying relief as stated in brigade of the Revolutionary Army, their heirs the memorial; which was read, and referred to the Committee on Military Affairs.

Office and Post Roads, to whom was referred the Mr. WILSON, from the Committee on the Post petition of Alan Farquhar, made report, together with the following resolution:

Resolved, That the prayer of the petitioner ought not to be granted.

The report and resolution were read. Mr. NOBLE submitted the following motion for consideration:

Resolved, That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Centersville to Jacksonsborough, in the State of Indiana.

Mr. RUGGLES Submitted the following motion for consideration:

Resolved, That the Committee on Public Lands be

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instructed to inquire into the expediency of providing by law for the sale of so much of the tract of one hundred thousand acres of land, granted as a donation to actual settlers in the Ohio company's purchase as shall not have been conveyed agreeably to the terms of the grant.

Mr. MORRIL presented the petition of Thomas Wright, who served as a soldier in the Revolutionary War, praying relief, as stated in the petition; which was read, and referred to the mittee of Claims.

JANUARY. 1818.

agreed to with an amendment, the PRESIDENT reported the resolution to the House amended accordingly; and the amendments having been concurred in, the resolution was ordered to be engrossed and read a third time.

Mr. WILLIAMS, from the Committee on Military Affairs, to whom was referred the bill, entitled "An act to provide for certain surviving officers and soldiers of the Revolutionary Army," Com-reported it with amendments; which were read. [The principal and only material amendment proposed by the committee limits the benefit of the act to such as served to the end of the war on Continental establishment.]

Mr. DICKERSON presented the memorial of Isaac Briggs, praying certain allowances in the settlement of his accounts, as stated in the memorial; which was read, and referred to the Committee of Claims.

Mr. MORRIL asked and obtained leave to bring in a resolution, providing for the distribution of the sixth volume of the laws of the United States among the members of the present Congress, and to the delegates of Congress; and the resolution was read, and passed to the second reading.

The Senate then resumed the consideration of the bill to allow John Thompson interest on a Revolutionary claim heretofore granted and paid to him by our Government.

After considerable discussion, in which Mr. BARBOUR and Mr. ROBERTS Supported, and Mr. DAGGETT and Mr. BACON opposed the bill, the question was taken on ordering the bill to a third reading, and decided in the negative. So the bill was rejected.

in obedience to the "Act for the better government of the Navy of the United States;" and the report was read.

The Senate resumed the consideration of the motion of the 14th instant, for instructing the Committee on the Judiciary to inquire into the The PRESIDENT communicated a report of the expediency of allowing to the judge of the sixth Commissioners of the Navy Pension Fund, concircuit court of the United States a certain com-taining statements in relation to that fund, made pensation for having performed the duties of the judge of the district court of South Carolina. This motion was opposed by Mr. SMITH, of South Carolina, at some length, and supported earnestly by Mr. FROMENTIN, and also briefly by Mr. DAGGETT. Mr. SMITH, however, afterwards withdrew his opposition to the motion, and it was agreed to.

The Senate resumed the consideration of the motion of the 14th instant for requesting information relating to the reservation of certain sections of land, for the purpose of laying out and establishing towns thereon; and the same having been amended, was agreed to, as follows:

Resolved, That the President of the United States be requested to inform the Senate what measures have been taken, in pursuance of so much of the act, entitled "An act to authorize the appointment of a surveyor for the lands in the northern part of the Mississippi Territory; and the sale of certain lands therein described," passed the 3d of March, 1817, as relates to the reservation of certain sections, for the purpose of laying out and establishing towns thereon.

The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Rees Hill; and in concurrence therewith the petitioner had leave to withdraw his papers.

The bill to divide the State of Pennsylvania into two judicial districts was read the second

time.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution, directing the publication of the journal and proceedings of the Convention which formed the Constitution of the United States, together with the amendments reported thereto by the select committee; and the amendments having been

Mr. TAIT, from the select committee to whom the subject was committed, reported the bill making an appropriation for repairing, and keeping in repair, certain roads, with an amendment, (including that part of the road leading from Columbia, in Tennessee, by the Choctaw agency, to Madisonville, in Louisiana, which lies between the southern boundary of Tennessee and the Indian boundary line near Zadock Brasher's, in Mississippi.)

TUESDAY, January 20.

Keemle, late surgeon in the flying camp army of Mr. ROBERTS presented the memorial of John the Revolution, praying relief, as stated in the memorial; which was read, and referred to the Committee on Military Affairs.

Mr. SANFORD, from the Committee on Commerce and Manufactures, to whom the subject trict of Brunswick, in the State of Georgia; was referred, reported a bill concerning the disand the bill was read, and passed to the second reading.

Mr. ROBERTS, from the Committee of Claims, to whom was referred the petition of John Peters and Sabin Pond, made report, together with the following resolution:

Resolved, That the petitioners have leave to withdraw their petition.

The report and resolution were read.

Mr. WILLIAMS, of Tennessee, from the Committee on Military Affairs, to whom the subject was referred, reported a bill directing the manner of appointing Indian agents, and continuing the

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"Act for establishing trading houses with the Indian tribes."

SENATE.

The Senate resumed the consideration of the motion of the 12th instant, for instructing the [This bill provides that the Superintendent of Committee on Public Lands to inquire into the Indian Trade, and agents and assistant agents for expediency of providing for the sale of land grantIndian affairs, be hereafter appointed by nomina-ed as a donation to actual settlers in the Ohio tion to the Senate, and requires of each of those Company's purchase; and agreed thereto. officers bond, with two securities, in the sum of $10,000, for the faithful discharge of their respective duties.]

The bill was passed to a second reading. The resolution directing the publication and distribution of the journal and proceedings of the Convention which formed the present Constitution of the United States, was read a third time, the blank filled with one thousand, and the resolution was passed.

Mr. NOBLE, from the Committee on Pensions, to whom was referred the petition of Ephraim Shaler, De Lafayette Wilcox, and Alphonso Wetmore, first lieutenants of the sixth regiment United States infantry, made report, together with the following resolution:

Resolved, That the petitioners have leave to withdraw their petition.

The report and resolution were read.

The Senate resumed the consideration of the report of the Committee on the Post Office and Post Roads, to whom was referred the petition of Alan Farquhar, and, in concurrence therewith, resolved that the prayer of the petitioner ought not to be granted.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to provide for certain surviving officers and sol diers of the Revolutionary Army," together with the amendments reported thereto by the Comittee on Military Affairs; and the further consideration thereof was postponed until to-morrow.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled “An act in addition to an act making appropriation for repairing certain roads therein described," together with the amendment reported thereto by the select committee; and, on motion by Mr. LEAKE, the further consideration thereof was post

Mr. TAIT submitted the following motion for poned until to-morrow. consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of repealing the third section of an act, passed on the third day of March last past, entitled “An act to establish a separate Territorial government for the eastern part of the Mississippi Territory;" and of investing the Legislature of the Alabama Territory with power to regulate the Judiciary thereof, in such manner as it may deem expedient; and also of investing the highest grade of courts which may be established by the said Legislature with jurisdiction in all cases in which the United States shall be a party.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to divide the State of Pennsylvania into two judicial districts; and the further consideration thereof was postponed until Friday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act making further provision for repairing the public buildings;" and no amendment having been offered thereto, the PRESIDENT reported the bill to the House, and it was ordered to a third reading. The Senate resumed the consideration of the motion of the 19th instant, for instructing the Committee on the Post Office and Post Roads to inquire into the expediency of establishing a certain post route; and agreed thereto.

The Senate resumed the consideration of the motion of the 19th instant, for instructing the Committee on Naval Affairs to inquire into the expediency of establishing naval depots; and agreed thereto.

The resolution providing for the distribution of the sixth volume of the Laws of the United States among the members of the present Congress and Delegates of Territories who have not been supplied therewith, was read the second time.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:

The claim of the representatives of the late Caron de Beaumarchais having been recommended to the favorable consideration of the Legislature by my predecessor, in his Message to Congress of the 31st January last, and concurring in the sentiments therein expressed, I now transmit copies of a new representation relative to it, received by the Secretary of State from the Minister of France, and of a correspondence on the subject between the Minister of the United States at Paris and the Duke of Richelieu, enclosed with that representation.

JAMES MONROE.

WASHINGTON, January 12, 1818. The Message and accompanying documents were read.

Mr. SANFORD, from the Committee on Commerce and Manufactures, to whom was referred the letter from Julie Plantou to the President of the Senate, proposing to sell to the United States an allegorical painting of the Treaty of Ghent, made report:

That, in the opinion of the committee, it is not expedient to purchase said painting for the United States. The report was read.

WEDNESDAY, January 21.

The PRESIDENT communicated a letter from the Secretary of the Navy Department, transmitting, for the use of the members of the Senate, forty-two copies of the Naval Register for the year 1818, prepared in obedience to the resolution of December 13, 1815; and the letter was read.

Mr. NOBLE presented the petition of Loring A. Walder and others, praying the establishment

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of a post office in the town of Jacksonborough, Wayne county, State of Indiana, for reasons stated in the petition; which was read, and referred to the Committee on the Post Office and Post Roads. Mr. WILLIAMS, of Tennessee, submitted the following motion for consideration:

JANUARY, 1818.

On motion, by Mr. FROMENTIN, the President was requested to notify the Executive of the State of Vermont of this resignation.

The bill concerning the district of Brunswick, in the State of Georgia, was read the second time. The bill directing the manner of appointing Indian agents, and continuing the act for establishing trading-houses with the Indian tribes, was read the second time.

The bill entitled "An act making further provision for repairing the public buildings," was read a third time, and passed.

Resolved, That the President of the United States be requested to inform the Senate in what manner the troops in the service of the United States now operating against the Seminole tribe of Indians have been subsisted, whether by contract or otherwise, and whe. ther they have been furnished regularly with rations. Mr. DICKERSON presented the petition of Joshua The Senate resumed, as in Committee of the Swain, and others, inhabitants of the county of Whole, the consideration of the resolution proCape May, praying that a certain district of coun-viding for the distribution of certain laws; and try, therein described, be made a port of entry; it was referred to the Committee on the Judiciary. and the petition was read, and referred to the The Senate resumed, as in Committee of the Committee of Commerce and Manufactures. Whole, the consideration of the bill, entitled "An Mr. BARBOUR presented the petition of John act to provide for certain surviving officers and Thompson, praying an allowance of interest on soldiers of the Revolutionary army," together a sum of money which was found due to him on with the amendments thereto by the Committee the books of the Treasury Department, by the on Military Affairs; and the further consideraaccounting officers thereof; as stated in the petition thereof was postponed until Wednesday next. tion; which was read. Whereupon, Mr. BARBOUR gave notice, agreeably to the joint rule, that, after the expiration of ten days, he should ask leave to bring in a bill in addition to an act for the relief of John Thompson.

The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of John Peters and Sabin Pond; and the further consideration thereof was postponed until Monday next.

The Senate took up and concurred in the report of the Committee of Pensions unfavorable to the petition of Ephraim Shaler, De La Fayette Wilcox, and Alphonso Wetmore, first lieutenants of the sixth regiment United States infantry, stating that, during the late war, while engaged in action wih the enemy, they received several severe wounds, which occasioned to each the loss of an arm; that the loss and wounds subject them to daily pain and inconvenience, although the performance of their duty as officers of the Army has not been suspended on that account since their wounds healed; and soliciting the aid of Congress, so far as to confer on them a compensation equal to their sufferings and expense, by granting to them pensions from the date of their several wounds.

The Senate resumed the consideration of the report of the Committee of Commerce and Manufactures, to whom was referred a letter from Julie Plantou, to the President of the Senate, proposing to sell to the United States an allegorical painting of the Treaty of Ghent; and agreed thereto. The Senate resumed the consideration of the motion of the 20th instant, for instructing the Committee on the Judiciary to inquire into the expediency of amending the bill, entitled "An act to establish a separate Territorial government for the Eastern part of the Mississippi Territory; and agreed thereto.

The PRESIDENT communicated a letter from JAMES FISK, notifying the resignation of his seat in the Senate; which was read.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act in addition to an act making appropriation for repairing certain roads therein described," together with the amendment reported thereto by the select committee, which was disagreed to; and the bill having been amended, the PRRSIDENT reported it to the House accordingly; and the amendment being concurred in, the bill was ordered to be engrossed and read a third time.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the military service of the United States for the year 1818," and also a bill, entitled "An act making appropriations for the payment of the arrearages which have been incurred for the support of the Military Establishment, previous to the first of January, 1817;" in which bills they request the concurrence of the Senate.

The two bills last mentioned were read, and severally passed to the second reading.

On motion, by Mr. MORROW, the Committee on the Public Lands were instructed to inquire whether provision ought not to be made, to limit and control the issue and location of certificates for lands in lieu of those injured by earthquakes, in the county of New Madrid, in the Territory of Missouri.

Mr. GOLDSBOROUGH, from the Committee on the District of Columbia, to whom the subject was referred, reported a bill to incorporate the Mechanic Relief Society of Alexandria; and the bill was read, and passed to the second reading.

NAVAL DISCIPLINE.

Mr. TAIT, from the Committee on Naval Affairs, to whom have been referred the memorial of certain commissioned officers of the Navy, under the rank of commanders, and also the memorial of certain officers of the Marine Corps attached to the Mediterranean squadron, made a report, which was read, and, with the accompa

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nying documents, ordered to be printed for the use of the Senate. The report is as follows:

The Committee on Naval Affairs, to whom have been referred the memorial of certain commissioned officers of the Navy, under the rank of commanders, and also the memorial of certain officers of the Marine Corps attached to the Mediterranean squadron, have had the same under consideration, and report:

That your committee, duly impressed with the importance and delicacy of the subjects referred to them, and anxious to pursue that course which will best comport with the good of the public service and the high duties of the Senate, have given the several memorials all the consideration to which they are entitled. The memorialists of the Navy and Marine Corps pray that the Senate would institute an inquiry into the proceedings of two naval courts martial, had in the Mediterranean, in the early part of the last year. They complain that those proceedings were such as to impair their confidence in the tribunals which have been established by the laws of the country for the protection of the rights of all who are connected with the Naval Establishment.

The memorialists of the Marine Corps pray that their rights may be guarded by a special act of the Legislature," or that the rules and regulations for the better government of the Navy be more strictly carried into execution."

SENATE.

There is another view of the subject to which the committee have not been inattentive. It has been

considered a fit occasion to look into the laws governing the Navy, in order to discover whether any defects exist which may require legislative correction. Your committee have done so, and, on examination, are of opinion that no legislative proceedings are necessary at this time. The rules and regulations for the gov ernment of the Navy, now in force, are those under which it has grown up and acquired a reputation for discipline and efficiency, which your committee believe is not surpassed by any similar establishment. In this state of things, they are of opinion that the the administration of the laws. As it regards the macauses of complaint, if any, are not in the laws, but in rines, a description of force most necessary and useful, and which merits the fostering and protecting care of that they are subject to do duty afloat and on shore, the Government, the committee, on examination, find as the Executive, at his discretion, may direct; and that they are 66 governed by the same rules and articles of war, as are prescribed for the Military Establishment, and by the rules for the regulation of the Navy, heretofore, or which shall be established by law, according to the nature of the service in which they shall be employed." The committee know no footing more proper on which to place the marines than that on which the law has already placed them. Were Your committee sincerely regret that any circumnew rules now to be prescribed for their government stances should have occurred which have caused dis- and protection, it is believed that none other ought to contents among any portion of the officers of the Uni-be prescribed than those which now exist. Your comted States Navy. They have indulged the hope that fect, if any, is not in the law, but in its execution. mittee therefore repeat, that in their opinion, the dethe high reputation and renown which had been acquired by the Naval Establishment of this country in Viewing, then, the subjects referred to them in all their war, would be cherished and sedulously guarded in which is the vital principle of all military establishbearings, feeling the danger of affecting that discipline the season of peace by every officer of the corps. It is only by a correct deportment, by a rigid dischargements; while they would frown with indignation on of duty, and a strict observance of the laws, that their every act which savored of oppression, or of mal-adwell-earned fame can be preserved. If these observaministration, your committee respectfully submit the tions are correct, as it regards the individuals, officers following resolution : of the Navy, they must strongly apply to their tribunals. If naval courts martial, or courts of inquiry, have become so negligent, or so partial and unfaithful in the discharge of their duties, that those who look to them for protection can no longer confide in them, but must resort, in the language of the memorialists, for safety "to those arms with which their country has intrusted them, or to that strength with which nature has endowed them," then, indeed, there is most serious cause of alarm. But your committee do not believe that this is the condition and character of your naval tribunals. They have heretofore been unimpeached. Under their administration the American Navy has attained a character, both at home and abroad, of which the nation is justly proud. In the instances complained of, there may have been some ground for criticism; the proceedings may have been such as not to give entire satisfaction to all; but your committee are decidedly of the opinion that whatever may be the character of the proceedings of the courts martial under consideration, they are beyond the control of the Senate. It has no power that can reach these cases. It has none other than legislative power touching these matters, which in its nature cannot be retrospective. The corrective in such cases is confided by the institutions of the country to the Chief Magistrate, and to that department of the Government would their complaints, perhaps, have been most properly addressed..

discharged from the further consideration of the meResolved, That the Committee on Naval Affairs be morial of the naval officers of the Mediterranean squadron, under the rank of commanders, and of the memorial of the officers of the Marine Corps, of date the 17th of January, 1817.

Documents accompanying the report of the Committee on Naval Affairs, in the case of Commodore Perry and Captain Heath.

The memorial of the commissioned officers (of the Mediterranean squadron) under the rank of commanders, to the honorable the Senate of the United States, dated Port Mahon, January 20, 1817.

the Navy of the United States, beg leave most reThe undersigned, officers holding commissions in spectfully to state to the honorable the Senate of the United States, that, having entered the service early in life, from motives of love of their country, respect for its naval character, and a sincere wish to become useful, they would willingly encounter dangers of any kind, or endure any hardships which the good of the service or the preservation of discipline may make necessary; that, together with a willingness to risk their lives and sacrifice their comforts, they have heretofore felt a firm reliance on the protection which the welldigested laws of their country were intended, by the framers and enactors of them, to afford to officers of every grade, against the wanton exercise of that power

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