The constitutionalist — Exeter, N.H., 1810-12-24 00:00:00, page 2

Monday, Dec. 10.
Mr. Leib laid before the Senate cer
tain resolutions of the Legislature of
Pennsylvania, passed in March last,
approving the measures of the general
government.
Mr. Giles' resolution, for referring
so much of the message of the Presi-/
dent of The United States as relates to
I West Florida, to a select committee,
Resolved, That so much of the mes
sage of the President of the 0 States
astlates to the occupation of that part
-of West Florida which is included
ivithin the boundaries described by tht
treaty for the acquisition of Louisiana,
with the accompanying documents, be
referred to a select committee with in
structions to examine the same, and
report thereon to the Senate, and that
/ the committee have leave to report by
Ibill, bills or otherwise.
On motion of Mr. Smith of Md.
the Farmer's Bank of Alexandria,
praying for a charter, was, on motion,
referred to Messrs. Giles, Leib, Good
rich, Crawford and Cutts.
Adjourned to Monday.
Friday, Dec. 7.
Mr. Anderson attended.
The petition of Larkin Smith, col
lector of the port of Norfolk, praying
for an increase of compensation, has
been referred to Messrs. Giles, Leib
and Crawford.
The bill to suspend the second sec
tion of the act entitled " An act regu
lating foreign coins and for other pur
poses," was read a second time, and
committed to Messrs. Smith of Md.
Crawford and Dana.
Ou motion of Mr. Giles,
Resolved, That so much of the mes
sage of the President of the U. States
as concerns the relations between the
United States and France and Great-
Britain, with the accompanying docu
ments, be referred to a select commit
tee to examine and report thereon to
the Senate, and that the committee have
leave to report by bill or otherwise.
Messrs, Giles, Crawford. Anderson,
Goodrich and Pope were appointed a
committee accordingly.
Mr. Giles also offered the following
resolution, the consideration of which
was on motion postponed to Monday
next:
Resolved, That so much of the Pres
ident's message as relates to the corps
of Engineers and the Military Acade
my, be referred to a select committee,
to report by bill, bills or otherwise.
Messrs. Smith of Md. Gilman,Brad
ley, Pickering and Reed were appoint
ed the committee
The petition (presented on Tuesday
by Mr. Giles) of the Stockholders of
Thursday, Dec. 6.
At the usual hour of meeting a num
ber of members assembled ; but a quo
rum not appearing, about one o'clock
the Senate adjourned, [lt may be
proper to remark that one of the Sen
ators (Gen. German) who Came here
sick, was temporarily confined by in
disposition.]
A bill further to suspend in part the
act entitled " an act regulating foreign
coins, and for other purposes."
De it enacted, ^c. That so much of
the act entitled " An act for regulating
foreign coins, and for other purposes"
as is contained within the second sec
tion thereof, be, and the same is here
by suspended for and during the space
of three years from and after the pres
ent session of congress.
Tuesday, Dec. 4.
Mess. Matthewson, Read and Lam
bert attended.
Mess. Smith and Gilman were the
committee appointed to join a commit
tee of the House of Representatives to
wait on the President of the United
States, and inform him that Congress
Was ready to receive any communica
tion he might have to make.
Mr. Smith of Md. notified that he
should ask leave to-morrow to bring in
a bill further to suspend in part, the
act, entitled “ An act regulating for
eign coins, and for other purposes."
Mr. Smith reported that the Presi
dent of the U. S. notified the committee
that he would make a communication
to Congress to-morrow at 12 o'clock.
The message of the President and
accompanying documents was received,
read and 500 copies ordered to be print
ed.
The usual rules of furnishing the
members with newspapers were adop
ted.
Mr. Smith of Md. agreeably to no
tice obtained leave to introduce the fol
lowing bill :
Which was read the first time and
passed to a second reading.
Wednesday, Dec. 5.
Mess. Pickering and Bradley attend
ed.
CONGRESS.
IN SENATE,
Mr. Southard presented the proceed
ings of the Legislature of New Jer
sey, relative to some amendments pro
posed to the constitution. They were
ordered to lie on the table.
Mr. Bacon presented a resolution
authorising the members to frank the
President's message and accompanying
documents, which was adopted.
Mr. Root moved to have the house
resolve itself into committee of the
whole on the state of the Union. The
question was put, and the house ad
journed.
Friday, Dec. 7.
On motion of Mr. Root, the House
resolved itself into a committee of the
whole on thestate of the Union. Mr.
Macon in the chair.
Mr. Root then moved the appoint
ment -of several committees on the
President's message; but it being sug
gested that the documents had not been
laid on the tables of the members.
The committee rose, without decid
ing on any thing in relation to the
message.
Mr. Lewis presented the petition of
the Stockholders of the Farmer's Bank
of Alexandria, praying for a charter;
which was referred to a committee on
the District of Columbia.,
INVENTIONS.
On motion of Mr. Bacon,
Resolved, That the Secretary of
State be directed to lay before this
House a list of the names of persons
who have invented any new and useful
arts, machine, manufacture or compo
sition of matter or any improvement
therpou, and to whom patents have
been issued for the same from that of
fice subsequent to the 23d of January,
1805, with the dates and general ob
jects of such patents.
Apportionment of Representatives.
Mr. Fisk laid upon the table the fol
lowing resolution:
Thursday, December 6.
The house came to order at the usual
hour. The reading of the documents
were completed, and together with
the message were ordered to be print
ed. 3000 copies were ordered. The
message with the documents were re
ferred to a committee of the whole on
the state of the union.
was agreed to ( and Messrs. Giles,
Pope, Crawford, Anderson and Brad
ley appointed a committee accordingly.
On motion of Mr. Campbell, °
Resolved, That so much of the mes
sage of the President of the U. States
as relates to commercial abuses com
mitted under the American flag, in car
rying on an illegal traffic in enslaved
Africans, be referred to a committee
to examine and report thereon to the
Senate ; and that the committee have
leave to report by bill or otherwise.
Messrs. Campbell, Dana, Bradley,
Cutis and Gilman, were appointed a
committee accordingly.
Mr. Audersou presented the petition
of the President and Directors of the
Bank of Potomac, praying for a char
ter, which was committed to Messrs.
Anderson, Gilman, Tait, Goodrichand
Leib.
Wednesday, December 5.
Messrs. Sage, Taggart, W. Cham
berlain, J. C. Chamberlain, Wheaton,
Quincy, Blaisdell, Matthews, Sturges,
and Chittenden, appeared.
At 12 o'clock the message was re
ceived from the President of the U. S.
The message was read, and the
house were occupied with reading the
documents until 4 o'clock; when an
adjournment took place without hav
ing gone through them.
Messrs. Bassett, Cutts, Eppes,
Gold, Jenkins, Mitchell, Seaver, and
Potter. Messrs. Poydras and Jen
nings, Territorial Delegates also ap
peared.
A message was received from the
Senate, at 1 o'clock, by Mr. Otis,
their secretary, stating that a quorum
of that body had formed, and was
ready to proceed to business.
Another message was subsequently
received from thesenate, that they had
appointed a committee, jointly with
the committee appointed by the House,
to wait on the President of the United
States, and inform him that they were
ready to receive any communication he
might have to make.
Mr. Dawson reported that the Pres
ident of the United States had notified
the committee that he would make a
communication to Congress to-mor
row at 12 o'clock.
The house met at the usual hour,
and the following members took their
seats.
Messrs. Cutts, Horsey and Gilman
were appointed a committee on engros
sed bills.
Messrs. Leib, Campbell and Dana,
wereappoinred a committee of accounts.
Mr. Cutts was appointed on the
committee of enrolled bills.
HOUSE OF REPRESENTATIVES.
Tuesday, December 4.
On motion of Mr. Bassett the fol
lowing resolution was adopted :
Resolved, That so much as relates
to the Navy of the United States be
referred to a select committee.
The committee rose and reported
the resolutions to the house, which
were immediately adopted; and the
several committees ordered to be ap
pointed accordingly.
Mr. Bacon remarked that at pres
ent a doubt might exist whether the
subject of the defects in the non-inter
course laws, alluded to in the message,
was referred to the committee of com
merce and manufactures or the com
mittee 'of foreign relations. To re
move this doubt he moved the follow
ing resolution, which was agreed to;
Resolved, That so much of the mes
sage of the president of the United
States as relates to defects which inay
be found to exist in the provisions of
the act concerning the commercial in
tercourse between the U. States and
Great Britain and France, be referred
to a committee of foreign relations.
Amendment to the Constitution.
Mr. Macon said that he had, last
session, laid upon the table a motion
to amend the Constitution of the Uni
ted States. He had done it that time
merely with a view to give notice of
his intention to offer a proposition at
the present session. This amendment
spoke so plainly for itself that it was
unnecessary to explain it. It would be
seen that its object was to prevent any
member of congress from accepting an
appointment in the presidential term
during which he might be a member;
for instance, it would go to prevent
any member of the present congress
from accepting an appointment under
the present chief magistrate.
The following is the resolution :
Resolved, By the senate and house
of representatives of the United States
of America in congress assembled, two
thirds of both houses concurring, that
the following section be submitted to
the legislatures of the several states,
which when ratified by three fourths
of the states shall be valid and binding
as a part of the constitution of the U.
States.
“ No senator or representative, af
ter having taken his seat, shall during
the time for which he was elected, be
eligible to any civil appointment under
the authority of the United States,
nor shall any person be eligible to any
such appointment until the expiration
of the presidential term, during which
Resolved, That the apportion
ment of Representatives, among the
several states according to the third
enumeration of the people ought to be
in the ratio of one representative for
every thousand persons in each
state, and that a committee be appoint
ed to report thereon, by bill or other
wise.
Ou motion of Mr. Dawson, the res
olution respecting fortifications was a
mended by inserting the words. “ land
forces and" preceding the word “ for
tifications"
lutions :—
Resolved, That so much of the mes
sage of the President of the United
States as relates to the subject of our
foreign relations, be referred to a se
lect committee.
Resolved, That so much as relates
to that part of West Florida acquired
by the cession of Louisiana, be refer
red to a select committee.
Resolved, That so much as relates
to the encouragement of American
manufactures and navigation, be refer
red to the committee of commerce and
manufactures.
Resolved, That that part relating to
fortifications be referred to a select
committee.
Resolved, That that part in regard
to the militia be referred to a select
committee.
Resolved, That so much as relates
to the Corps of Engineers and Milita
ry Academy be referred to a select
committee.
[When the resolution respecting W.
Florida was under consideration, a mo
tion for an amendment was made and
lost.]
On the suggestion of Mr. Alston
that the apportionment ought to be
fixed before the census bf each state
was known, and thus avoid a difficulty
which would arise in fixing on a ratio—
The House now took up the resolu
tion, which was agreed to, and a com
mittee of 7 appointed accordingly.
After the presentation and reference
of some other petitions, amongst which
were petitions from sundry sugar re
finers—
Monday, Dec. 10.
President's Message.
On motion of Mr. Alston, the House
resolved itself into a committee of the
whole on the state of the Union. Mr.
Macon in the chair.
The Message of the President of the
United States having been read—
Mr. Root moved the following reso-
The House adjourned to Monday.
I arrived at this place on the 22d
inst. in the sch. Hamilton, capt. Whit
lock, as a flag of truce, in consequence
of an unfavourable change in the situ
ation of our affairs at Tunis, with the
expectation of making some arrange
ment wherely the difficulty which has
taken place may be amicably adjusted.
Ou the 14th inst. his excellency (he
Bey sent a messenger to request my
presence at the palace. I accordingly
presented myself, and he informed me
that in consequence of the seizure of a
^vessel belonging to him and bearing
mis flag through the interference of Mr.
Pullis, 'the American Consul at Malta,
he had given orders to Arrest all the
Americans and sequester all their prop
erty in, the kingdom of Tunis, which
he would hold until he received full
satisfaction from the United States,
considering them responsible for the
acts of their public agents.
The vessel alluded to was the ship
Liberty, of Philadelphia, belonging to
William Heylett, of that place, which
had been taken by aFrench privateer,
brought to Tunis,and sold by order of
the French Consul at public auction.,
The first minister of the Bey was the
purchaser, and she afterwards proceed
ed to Malta under Tunisian colors,
where she arrived withoutinterruption
in the month of May last. Mr. Pullis,
American Consul, applied to the Mal
tese court, or Consulate de Mane (as
the British vice-admiralty court would
not interfere) and claimed the ship for
the original American owners. His
excellency the Bey, on being informed
of this, took the measures before re
lated.
Extract of a letter from John Gavino,
Esq. Consul of the United States at
Gibraltar, to the Secretary of State,
dated the 18th Sept. 1810.
''l beg leave to hand you a copy of
a letter from Consul Coxe, dated Mal
ta, 26th ult. when he was on his return
to Tunis. It has given me great plea
sure to find his having succeeded in ter
minating amicably the differences which
had taken piace with that Bey."
(COPY )
Malta, Aug. 26, 1810.
John Gavino, Esq. American Consul,
at Gibraltar.
Sir,
Messrs. Wright, Sage, Gardner,
Crawford, Lewis, M' Bride and Rhea.
National University.
We have thought proper to publish
the following article, earlier than we
should otherwise have done, for the in
formation of such of our mercantile
friends as are interested in the Mediter
ranean trade, and have been alarmed
at the prospect of its interruption.
OUR RELATIONS WITH TUNIS.
For Mr. Lee, 57.
For Mr. Breckenridge, 47.
For Mr. Brown,\ 1.
The House adjourned 20 minutes
before 1 o'clock.
Messrs. Basset, Mumford, Quincy,
Keenan, Milnor, Taylor and Jackson.
Mr. Ransalear presented a petition
from sundry persons respecting lands
claimed for services under the old
French wsr, 1754. Mr. Pitkin and Mr.
Milnor spoke of it as an unwarranta
ble speculation of persons in Pennsylva
nia and New-Jersey. Referred to the
committee on public lands.
The bill for allowing the members to
frank the President's message and doc
uments was read a third time and
passed.
The house ballottcd for a chaplain.
Mr. Lee was chosen.
such person shall have been a senator
or representative."
Messrs. Eppes, Taylor, Fisk, Mont
gomery, Seaver, Chittenden and Desha.
Messrs. Mitchel, Burwell, Bacon,
J. Porter, Pitkin, Wheaton and Rin
gold.
Tuesday, December 11.
The committees appointed agreeably
to the resolutions yesterday are :
Foreign Relations.
Messrs Dawson, Helms, Cobb, Rhea
(P.) Champion, Livingston, and Hub
bard.
Messrs. Root, Turner, Potter,Cobb,
Holland, Buttier, J. Smith, Weakly,
Morrow, M'Kee, N. R. Moore, G.
Smith, Scudder, Huntington, W.Cham
berlain, Blaisdell and Jennings.
Messrs. P.. B. Porter, Love, Lyle,
Pierson and Ely.
Navy.
Corps of Engineers and Military A-
This resolve was on motion of Mr.
Macon referred to a committee of the
whole on the state of the Union.
WHICH ACCOMPANIED THE PRESI-
Land Forces and Fortifications.
dent's MESSAGE.
DOCUMENTS
West Florida.
Militia.
cademy.
Nat. Intel.
R ESPECTING FRENCH
AGGRESSION.
Mr. Armstrong, to Duke of Cadore.
Paris, 7th Sept. 1810-
Slß—Your Excellency will not think
me importunate, if I should employ the
last moment of my stay in Paris, in
seeking an explicit declaration on the
following points:—
Ist Has the decree of his Majesty
of the 23d of March last, enjoining
acts of reprisal against the commerce
of the United States, on account of
their late law of non-intercourse, been
recalled?
2d. What will be the operation (on
the vessels of the United States) of his
Majesty's decree of July last, forbid
ding the departure of neutral ships
from'ports of France, unless provided
with Imperial Licences? Are these
licences merely substitutes for clearan
"ces? Or do they prescribe regulations
to be observed by the holders of them
within the jurisdiction of the United
States? Do they confine the permitted
intercourse to two ports of the said(
States, and do they enjoin that all ship
ments be made on French account ex
clusively ?
Is it his Majesty's will that the seiz
ures made in the ports of Spain and
other places on the principle of repri
sal, shall become a subject of present
or future negotiation between the two
governments ? Or are the acts already
taken by his Majesty to be regarded
as conclusive sgainst remuneration? I
need not suggest to your Excellency,
the interest that both governments have
in the answers that may be given to
these questions, and how nearly con
nected they are with the good under
standing which ought to exist between
them, after the great step lately taken
by his Majesty towards an accommo
dation of differences. We are not at
liberty to suppose that any new con
siderations will,arise which shjll either
retard or prevent the adoption of meas
ures necessary to a full restoration of
the commercial intercourse and friend
ly relations of the two powers.
I connot omit expressing, on this
occasion, the sense I shall carry with
me of the many obligations I am per
sonally under to your Excellency, and
of the very high consideration with
which I have the honor to be your most
obedient and very humble servant,
(Signed) JOHN ARMSTRONG.
His Excellency the Duke of Cadore.
The Duke of Cadore, to Gen. Arm
stnrog. I
Paris, 12th Sept. 1810.1
[translation.] l
Sia—l have receded your letter of
All my endeavours to deter his excel
lency from these harsh measures were
of no avail. He assured me, in the
most solemn manner, that he would
not only firmly adhere to the steps he
had already taken but would pursue
such others as he might deem necessa-'
ry. I have now, however, to inform
you, that on my arrival here, and in
consequence of my having officially in
formed Mr. Pullis of what had takei^
place at Tunis he has, as the only al
ternative to prevent a war, withdrawn
his claim, and the ship has been res
tored to the Bey's ambassador at this
place, whereby dur relations with that
regency are again placed on the same
friendly footing on which they were
before this unfortunate occurrence
took place.
I shall sail on my return to Tunis
immediately in the vessel which brought
me here—having thus brought the dif
ficulty which had arisen to an amica
ble conclusion, on terms which I trust
will be satisfactory to the government.
Very respectfully, I have the hon
or to be, Sir, your most obedient hum
ble servant.
lie not only regards this as a loss of
property but as an insult offered to his
flag, and will view it as a declaration
of war if the ship should not be re
stored to him, with damages for deten
tion. He insists on the right of pur
chasing prize vessels at auction, or any
others offered for sale in his kingdom,
and that his flag should protect them.
His excellency declared that he had
given me the strongest proofs of his
justice and friendly disposition to my
government in causing all the Ameri
can vessels with their cargoes to be
released, which have been taken within
the limits of his jurisdiction ; but
that those taken on the high seas was
an affair between the American and
French governments, and did not con
cern him. He has warned me that if
the ship Rolla, (an American vessel
taken by a French privateer without
his jurisdictional limits) and purchased
by his agents at public auction, at the
French Consulate, should be hereafter
claimed by an American citizen, and
given up to him, the Americans with
their property at Tunis shall be an
swerable for the event.
The amount of American property
at Tunis may be computed about
250,000 dis.
(Signed.) S. D. COXE.