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JANUARY, 1817.

Proceedings.

SENATE.

Resolved, That a committee be appointed to draught and report a bill appropriating $109,130 65, for the payment of the said claim to the State of Georgia.

The report and resolution were read.

The Senate resumed the consideration of the motion of the 16th instant, for information relative to the Military Establishment, which, having been amended, was agreed to as follows:

if the memorialists rely for the success of their applica-dian invasion, made a report, together with the tion on the bravery, gallantry, and good conduct of following resolution: Captain Reed, his officers, and crew, in the defence of the vessel, then the committee are sensible that a stronger case of the kind could not present itself. The stubborn bravery, the cool intrepidity, and presence of mind displayed by Captain Reed and his associates in the defence of the ship, were perhaps never equalled, certainly never surpassed, by any private armed vessel in the annals of naval warfare. It has excited the admiration of the nation, and cannot fail to immortalize those concerned. If actions like this are to be rewarded with money, too much could not be given. But Government is but the trustee of the nation, and is bound deliberately to examine into the principle on which the treasure of the nation is bestowed, and the extent of the precedent which is set in bestowing it. It is unknown to the committee that Congress, as yet, has ever dispensed its bounty, or in any way bestowed a gratuity for any achievement, except to its own peculiar force, nor in any case except there was victory. The committee are of opinion that it would be inexpedient to do so. It would open the Treasury to a class of cases arising out of the last war which would be extensive and onerous. The effects of such a mea

sure must be counted on, for they would be felt in all

future wars.

The case of the Essex, attacked also in a neutral situation, was a strong one.

The defence there, too. was valiant, persevering, and highly honorable to all on board, as well as to the nation; yet Congress has done nothing, for the essential quality of victory was wanting to the transaction. The committee, therefore, in whatever aspect they view the application of the memorialists, are of opinion that it would be unsafe and inexpedient to grant it, and recommend the following resolution :

Resolved, That the Committee on Naval Affairs be discharged from the further consideration of the memorial of Frederick Jenkins and Rensselaer Havens.

Resolved, That the Secretary at War be directed to lay before the Senate a statement at what posts the present Army of the United States are stationed, and the actual number at each post respectively.

The Senate resumed the consideration of the report of the Committee on the Public Lands, who were instructed "to inquire into the expediency of authorizing, by law, an exchange of territory with any of the Indian tribes."

mined in the affirmative-yeas 19, nays 17, as On the question to agree thereto, it was deter

follows:

Howell, Macon, Mason of New Hampshire, Morrow,
YEAS-Messrs. Barbour, Campbell, Condit, Hardin,
Noble, Roberts, Ruggles, Sanford, Smith, Stokes, Tait,
Talbot, Taylor, Troup, and Williams.

NAYS-Messrs. Ashmun, Brown, Chace, Daggett,
Dana, Fromentin, Gaillard, Goldsborough, Horsey,
Hunter, King, Mason of Virginia, Thompson, Tiche-
nor, Varnum, Wells, and Wilson.

So it was

Resolved, That an appropriation be made, by law, to enable the President of the United States to negotiate treaties with the Indian tribes; which treaties shall have for their object an exchange of territory owned by any tribe residing east of the Mississippi, for land west of that river. On motion by Mr. MORROW,

Ordered, That it be referred to the Committee of Finance, with instructions to bring in a bill accordingly.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution to authorize the President of the United States to employ John Trumbull to compose and execute a painting commemorative of the Declaration of Mr. ROBERTS, from the Committee of Claims, Independence, together with the amendment re-to whom was referred the bill, entitled "An act ported thereto by the select committee. On this to amend the act authorizing the payment for bill there was a debate, Mr. BARBOUR being its property lost, captured, or destroyed by the enemy principal supporter. The resolve was so amended while in the military service of the United States, as to authorize the execution of four pictures of and for other purposes," passed the 9th of April, the principal events of the Revolutionary history; 1816, reported it with amendments, which were and, thus amended, was ordered to be engrossed read. and read a third time.

TUESDAY, January 21.

Mr. ROBERTS, from the Committee of Claims, to whom the subject was referred, reported a bill authorizing the settlement of the accounts of Flavil Sabin, deceased; and the bill was read, and passed to the second reading.

Mr. ROBERTS, from the Committee of Claims, who were instructed to inquire into the expediency of authorizing, by law, the payment to the State of Georgia of certain claims for the services of the militia, called out under the authority of the United States, during the years 1792 and 1793, for the defence of the said State against In

Mr. KING presented the memorial of the ship owners, and others, interested in foreign commerce in the city of New York, representing that the operation of the several commercial and colonial regulations adopted by foreign nations for the protection and promotion of their own trade has depressed that of the United States, and praying that all restrictions be removed or rendered equal by the adoption of correspondent regulations on the part of the United States; and the memorial was read, and referred to the Committee on Foreign Relations, to consider and report thereon by bill or otherwise.

The resolution to authorize the President of the United States to employ John Trumbull to compose and execute certain paintings, was read

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a third time; and on the question, "Shall this resolution pass?" it was determined in the affirm ative-yeas 25, nays 7, as follows:

JANUARY, 1817.

proposed thereto, together with the memorial and representation of the Legislature of the State of North Carolina, respecting the lands reserved by YEAS-Messrs. Ashmun, Barbour, Brown, Daggett, said State, by her cession act, for the relief of her Dana, Fromentin, Gaillard, Goldsborough, Hardin, officers and soldiers, and other claimants within Horsey, Hunter, King, Mason of New Hampshire, the territory of the State of Tennessee, be referMason of Virginia, Sanford, Smith, Stokes, Tait, Tal-red to the Committee on the Public Lands, furbot, Taylor, Thompson, Tichenor, Varnum, Wells, ther to consider and report thereon. and Williams.

NAYS-Messrs. Condit, Macon, Morrow, Noble, Roberts, Ruggles, and Wilson.

So it was

The bill authorizing the settlement of the accounts of Flavil Sabin, deceased, was read the second time.

A message from the House of Representatives Resolved by the Senate and House of Rep-informed the Senate that the House have passed resentatives of the United States of America, in a bill, entitled "An act to amend an act, entitled Congress assembled, That the President of the 'An act authorizing the payment of a sum of United States be, and he is hereby, authorized to money to Joseph Stewart and others;" in which employ John Trumbull, of Connecticut, to com- bill they request the concurrence of the Senate. pose and execute four paintings commemorative The bill last mentioned was read, and passed of the most important events of the American to a second reading. Revolution; to be placed, when finished, in the Capitol of the United States.

The bill entitled "An act making a partial appropriation for the subsistence of the Army, during the year 1817," was read a third time, and passed.

WEDNESDAY, January 22.

The Senate resumed the consideration of the report of the Committee on Naval Affairs, on the memorial of Frederick Jenkins and Rensselaer Havens; and the further consideration thereof was postponed until Monday next.

The Senate resumed the consideration of the report of the Committee of Claims, who were instructed to inquire into the expediency of authorizing by law the payment to the State of Georgia of certain claims for the services of the militia, called out under the authority of the United States, during the years 1792 and 1793, for the defence of the said State against Indian invasion.

On motion, by Mr. ROBERTS,

On motion, by Mr. BARBOUR,

Resolved, That five hundred copies be printed of the report of Mr. Jefferson, then Secretary of State, dated December 16, 1793, on the privileges and restrictions of the commerce of the United States in foreign countries, pursuant to the resolution of the House of Representatives of Febru ary 23, 1791.

On motion by Mr. MASON, of Virginia,

Ordered, That the Committee of Claims, to whom was referred the memorial of Thomas Ewell, be discharged from the further consideration thereof; and that the memorialist have leave to withdraw his memorial.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to provide for the due execution of the laws of the United States within the State of Indiana; and the further consideration thereof was postponed until Tuesday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill respecting the heirs and legatees of Thomas Turner, deceased; and, on the question, "Shall this bill be engrossed and read a third time?" it was determined in the negative.

Ordered, That the further consideration thereof be postponed until Monday next; and that the report of the Secretary for the Department of The Senate resumed, as in Committee of the War, of the 3d of February, 1803, in relation Whole, the consideration of the bill to enable the thereto, be printed for the use of the Senate. people of the western part of the Mississippi TerMr.CHACE presented the petition of Reuben Att-ritory to form a constitution and State governwater, late Secretary of the Michigan Territory, praying compensation for the destruction of his property by the British, at the surrender of Detroit by General Hull, as stated in the petition; which was read, and referred to the Committee of Claims, to consider and report thereon by bill or otherwise.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to authorize the State of Tennessee to issue grants and perfect titles on certain locations of lands therein described, together with the amendments reported thereto by the Committee on the Public Lands. Mr. CAMPBELL having proposed a further amendment:

ment, and for the admission of such State into the Union on an equal footing with the original States; and, on motion by Mr. TAIT, the further consideration thereof was postponed to, and made the order of the day for, Monday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to establish a separate territorial government for the eastern part of the Mississippi Territory; and, on motion by Mr. TAIT, the further consideration thereof was postponed to, and made the order of the day for, Tuesday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to amend the act, 'authorizing the payment for property lost, captured, or destroyed by the Ordered, That the bill, with the amendments enemy, while in the military service of the Uni

On motion, by Mr. STOKES,

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THURSDAY, January 23.

FRIDAY, January 24.

SENATE.

of Claims, to whom was referred the petition of On motion by Mr. ROBERTS, the Committee John Kingsbury, were discharged from the further consideration thereof.

Mr. ROBERTS, from the Committee of Claims, to whom the subject was referred, reported a bill

The following Message was received from the establishing the salaries of the messengers in the PRESIDENT OF THE UNITED STATES:

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Executive Departments; and the bill was read, and passed to the second reading.

Mr. ROBERTS, from the Committee of Claims, to whom the subject was referred, also reported a bill for the relief of John Haslet; and the bill was read, and passed to the second reading.

Mr. GOLDSBOROUGH, from the Committee of "an act to amend an act, entitled 'an act auClaims, to whom was referred the bill entitled,

The Message and report were read, The PRESIDENT Communicated a report of the Acting Secretary of War, in compliance with the resolution of the Senate of the 21st instant, show-thorizing the payment of a sum of money to ing the posts at which the present Army of the Joseph Stewart and others," reported it without United States is stationed; and the actual number at each post, respectively. And the report

was read.

amendment.

Mr. CHASE, from the Committee on the Ju

diciary, who were instructed to inquire into the Mr. TALBOT presented the petition of Richard expediency of amending the law, regulating the Taylor, senior, a naval officer of the Revolution- intercourse with the Indian tribes, reported a bill ary war, praying a pension, or other relief, into provide for the punishment of crimes and ofconsideration of a severe wound, received while fences committed within the Indian boundaries; engaged in the service of his country, as stated and the bill was read, and passed to the second in the petition; which was read, and referred to reading. the Committee on Pensions, to consider and report thereon by bill or otherwise.

Mr. CAMPBELL, from the Committee on Finance, to whom the subject was referred, reported a bill making an appropriation to enable the President of the United States to hold treaties with the Indian tribes therein mentioned; and the bill was read, and passed to a second reading. On motion, by Mr, KING, the memorial of the ship owners engaged in foreign commerce in the city of New York, presented the 21st instant, was ordered to be printed for the use of the Senate.

On motion by Mr. FROMENTIN, the memorial of Frederick Jenkins and Rensselaer Havens, in behalf of the owners, officers, and crew, of the late private armed brig General Armstrong, was ordered to be printed for the use of the Senate.

On motion by Mr. TAIT, the committee on the Post Office and Post Roads were instructed to inquire into the expediency of establishing a post route from Milledgeville, in Georgia, to Carnesville, by Washington, Elberton and Danielville.

was

The bill entitled, "an act to amend an act, entitled 'an act authorizing the payment of a sum of money to Joseph Stewart, and others, " read the second time, and referred to the Committee of Claims, to consider and report thereon. Mr. ROBERTS, from the Committee of Claims, to whom the subject was referred, reported a bill, directing the discharge of William Smith from imprisonment; and the bill was read, and passed to the second reading.

The Senate resumed the consideration of the bill to establish a new Executive Department, and for other purposes; and on motion by Mr. CAMPBELL, the further consideration thereof was postponed until Monday next.

Mr. FROMENTIN submitted the following motion for consideration:

Resolved, That every member of the Senate, and every member of the House of Representatives, and every delegate of Territories, be supplied at the beginning of every session of Congress with a copy of the acts of Congress passed at the preceding session.

Resolved further, That every member of the present Congress be supplied with a copy of the acts passed at the first session of the Fourteenth Congress.

Mr. MORROW, from the Committee on the Public Lands, to whom the subject was referred, reported a bill providing for the division of certain quarter sections in future sales of the public lands; and the bill was read, and passed to the second reading.

On motion by Mr. TALBOT, the Committee on Pensions, to whom was referred the petition of Richard Taylor, sen., were discharged from the further consideration thereof; and it was referred to a select committee, to consider and report thereon, by bill or otherwise; and Messrs. TALBOT, ASHMUN, and WILLIAMS, were appointed the committee.

The Senate resumed, as in Committee of the Whole, the consideration of the bill authorizing the settlement of the accounts of Flavil Sabin, deceased; the bill was ordered to be engrossed and read a third time.

The Senate resumed the consideration of the report of the Committee on Military Affairs, who were instructed "to inquire into the expediency of authorizing the appointment of additional agents for the payment of persons placed on the pension list ;" and on motion, by Mr. LACOCK, the further consideration thereof was postponed until Monday next.

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The bill making an appropriation to enable the President of the United States to hold treaties with the Indian tribes, for the purpose therein mentioned, was read the second time.

JANUARY, 1817.

Rachael Dohrman, widow of Arnold Henry Dohrman, during such time as she may remain a widow, payable quarterly; and dollars annually to each of the minor children of said Dohrman, until they shall respectively arrive at the age of twenty-one years, which benefits shall be received and applied under the superintendence of the Orphan's Court of the proper county.

The report and resolution were read.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to provide for the prompt settlement of public accounts, toMr. TAIT, from the Committee on Naval Afgether with the amendments proposed thereto; fairs, asked and obtained leave to report a bill" in and the bill having been amended, the PRESI- addition to an act for the relief of George T. DENT reported it to the House accordingly; and Ross and Daniel T. Patterson, and the officers the amendments, made as in Committee of the and men lately under their command," and the Whole, having been agreed to with further amend-bill was read, and passed to a second reading. ments, on motion by Mr. TALBOT, the further consideration of the bill was postponed until Tuesday next; and the bill was ordered to be printed as amended, for the use of the Senate.

Mr. TAIT, from the same committee, also asked and obtained leave to report a bill to repeal the second section of an act, entitled "An act concerning the pay of the officers, seamen, and marines in the Navy of the United States," and the bill was read, and passed to a second reading. Mr. TROUP Submitted the following motion for consideration :

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to repeal, after the close of the present session of Congress, the act entitled, 'An act to change the mode of compensa- Resolved, That the President of the United States tion to the members of the Senate and House of be requested to cause to be laid before the Senate such Representatives, and the delegates from the Ter-information as he may possess touching the execution ritories,' passed the nineteenth of March, one of so much of the first article of the late treaty of thousand eight hundred and sixteen," in which peace and amity, between His Britannic Majesty and bill they request the concurrence of the Senate. the United States of America, as relates to the restiThe bill last mentioned was read, and passed to tution of slaves. the second reading.

On motion, by Mr. TAIT, the report of the The Senate resumed, as in Committee of the Secretary of the Navy Department communicaWhole, the consideration of the bill entitled "An ted the 20th instant, made in obedience to the act to amend the act 'authorizing the payment resolutions of the Senate of the 21st of Decemfor property lost, captured, or destroyed by the ber, 1815, and the 8th of January instant, was enemy, while in the military service of the Uni-ordered to be printed for the use of the Senate. ted States,' passed the 9th of April, 1816,” together with the amendments reported thereto by the Committee of Claims; and, on motion by Mr. TALBOT, the further consideration thereof was postponed until Wednesday next. The Senate adjourned to Monday.

MONDAY, January 27.

The Senate resumed the consideration of the report of the Committee on Military Affairs, who were instructed to inquire into the expedi ency of authorizing the appointment of additional agents for the payment of persons placed on the pension list-"That it is inexpedient to extend the provisions of the law on that subject." Whereupon, on motion, by Mr. LACOCK, it was amended. And,

The PRESIDENT communicated the report of Resolved, That it is expedient to extend the the Secretary of the Treasury, made in obedi-provisions of the law on that subject. ence to the "Act of March 3, 1809, further to Ordered, That it be recommitted to the Comamend the several acts for the establishment and mittee on Military Affairs, to bring in a bill acregulation of the Treasury, War, and Navy De-cordingly. partments," containing the statements therein required; and the report was read.

Mr. TAIT, from the Committee on Naval Affairs, to whom the subject was referred, reported a bill authorizing the appointment of hospital surgeons, and hospital surgeons' mates, in the Navy of the United States, and the bill was read, and passed to a second reading.

The Senate resumed the report of the Committee on Naval Affairs, to whom was referred the memorial of Frederick Jenkins and Rensselaer Havens, in behalf of the owners, officers, and crew of the late private armed brig General Ármstrong; which was amended and agreed to as follows:

Resolved, That the Committee on Naval AfMr. TAIT also communicated sundry docu-fairs be discharged from the further consideraments in relation thereto, which were read.

Mr. ROBERTS, from the Committee of Claims, to whom was referred the petition of Rachael Dohrman, made a report, together with the following resolution :

Resolved, That a committee be appointed to draught and report a bill allowing dollars annually to

tion of the memorial of Frederick Jenkins and Rensselear Havens, and that the same be referred to the Secretary for the Department of State.

The Senate resumed the consideration of the report of the Committee of Claims, who were instructed to inquire into the expediency of authorizing, by law, the payment of certain claims

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of the State of Georgia, for militia services during the years 1792 and 1793. Whereupon, Resolved. That a committee be appointed to draught and report a bill appropriating one hundred and nine thousand dollars and sixty-five cents for the payment of the said claim to the State of Georgia.

On motion, by Mr. ROBERTS, the said resolution was recommitted to the Committee of Claims.

SENATE.

2. The united tribes of Ottawas, Chippewas, and Potawotomies, residing on the Illinois and Melwakee rivers and their waters, and on the southwestern parts of Lake Michigan;

3. That portion of the Winnebago tribe or nation residing on the Ouisconsin river;

4. The Sacs of Rock river and the adjacent country; 5. Eight bands of the Siouxs, composing the three tribes called the Siouxs of the Leaf, the Siouxs of the Broad Leaf, and the Siouxs who shot in the pine tops; 6. The Chickasaw tribe of Indians; Mr. CHACE, from the Committee on the Judi7. The Cherokee tribe of Indians; ciary, to whom was referred the bill, entitled 8. The Chactaw tribe of Indians. "An act to explain the act to authorize certain Congress will take into consideration how far Legis. officers and other persons to administer oaths, ap- lative provisions may be necessary for carrying into proved May 3, 1798," reported it with amend-effect stipulations contained in the said treaties. ments; which were read."

The resolution for supplying the members with certain acts of Congress, was read and amended, and passed to the second reading.

The bill authorizing the settlement of the accounts of Flavil Sabin, deceased, was read a third time and amended by unanimous consent, and passed.

The bill, entitled "An act to repeal, after the close of the present sbssion of Congress, the act, entitled An act to change the mode of compensation to the members of the Senate and House of Representatives, and the delegates from Territories,' passed the 19th of March, 1816," was read the second time.

Mr. SANFORD presented the memorial of sundry merchants of the city of New York, praying the establishment, by law, of uniform rates of damages and interest in cases of protests of inland as well as foreign bills of exchange; and the memorial was read, and referred to the Committee on Commerce and Manufactures, to consider and report thereon by bill or otherwise.

The bill for the relief of John Haslet was read the second time.

The bill establishing the salaries of the messengers in the Executive Departments, was read the second time.

The bill providing for the division of certain quarter-sections in future sales of the public lands, was read the second time.

The bill to provide for the punishment of crimes and offences committed within the Indian boundaries was read the second time.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to enable the people of the western part of the Mississippi Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States; and, after progress, the Senate adjourned.

TUESDAY, January 28.

JANUARY 25, 1817.

The Message was read.

JAMES MADISON.

Mr. GOLDSBOROUGH presented the petition of William B. Stokes, praying compensation for the destruction of a house in Havre de Grace by His Britannic Majesty's forces, in consequence of its having been occupied by the United States' troops, as stated in the petition; which was read, and referred to the Committee of Claims, to consider and report thereon by bill or otherwise.

Mr. TICHENOR presented the petition of Lewis Olmstead, of Burlington, Vermont, praying to be discharged from imprisonment, for reasons stated in the petition; which was read, and referred to the Committee of Claims, to consider and report thereon by bill or otherwise.

Mr. ROBERTS, from the Committee of Claims, to whom the subject was referred, reported a bill making appropriations for the payment of certain claims for militia services to the State of Georgia; and the bill was read, and passed to the second reading.

Mr. WILLIAMS, from the Committee on Military Affairs, who were instructed on the subject, reported a bill to appoint additional pension agents; and the bill was read, and passed to the second reading.

Mr. TALBOT presented the memorial of Harry Toulmin, praying some modification of the bill now before the Senate, for erecting the western part of the Mississippi Territory into a State; and the memorial was read.

The Senate resumed the consideration of the motion, of the 27th instant, for information touching the execution of so much of the first article of the late Treaty of Peace and Amity between His Britannic Majesty and the United States of America as relates to the restitution of slaves, and agreed thereto.

The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Rachael Dorhman; and having agreed thereto, on motion by Mr. ROB

The following Message was received from the ERTS, it was recommitted to the said committee, PRESIDENT OF THE UNITED States:

To the Senate and House of

Representatives of the United States:

I lay before Congress copies of ratified treaties between the United States and the following Indian tribes: 1. The Wea and Kickapoo ;

to bring in a bill accordingly.

The bill authorizing the appointment of hospital surgeons and hospital surgeons' mates in the Navy of the United States was read the second time.

The bill, in addition to "An act for the relief

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