NAYS-Messrs. Barbour, Brown, Chace, Daggett, Dana, Fromentin, German, Giles, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Robinson, Tait, Thompson, Wells, and Wharton,

Whereupon, on motion, by Mr. GILES, Resolved, That the Senate recede from their amendments to the amendments of the House of Representatives to the said bill, to which the said House have disagreed; and that they recede from their disagreement to, and concur in, all the other amendments of the House of Representatives thereto.

SENATE.

time may be given to complete the payments for the said lands; for reasons therein stated; and the memorial was read.

On motion, by Mr. MORROW,

Ordered, That it be referred to the committee to whom was referred, on the 21st of September, the memorial of the Legislature of the Indiana Territory, to consider and report thereon by bill or otherwise.

"That they have agreed to recommend to their respective Houses a modification of the first amendment of the Senate, in lieu of the amendment proposed by the House of Representatives, by adding the following proviso, at the end of the first section:

"And be it further provided, That, in case the President of the United States shall hereafter call on the Executives of the several States to hold in readiness their respective quotas of militia for service, he shall consider the corps of State troops raised in any State, as part of the quota of such State.

"And in lieu of the amendment proposed by the House of Representatives to the 5th section, to modify the 5th section as proposed by the Senate, by striking out the word "forty," in the 12th line, and inserting the word "seventy."

"

SATURDAY, January 21.

The PRESIDENT laid before the Senate a memorial of the Legislature of the Mississippi Territory, praying that the inhabitants of said Territory may be authorized to form a convention for the adoption of a constitution, and that the said Territory may be admitted into the Union as a State; for reasons stated at large in the memorial; which was read.

The PRESIDENT also laid before the Senate

another memorial of the Legislature of the said Territory, praying that the amount of losses sustained by citizens of said Territory, in the war against the Creek Indians, may be ascertained, in order that the sufferers may be indemnified in lands, acquired from said Indians, as is stated in the memorial; which was read.

The PRESIDENT laid before the Senate another memorial of the Legislature of the said Territory, praying that the power to lease out the lands set apart for the public schools in said Territory may be vested in said Legislature; for reasons therein stated; and the memorial was read.

The PRESIDENT also laid before the Senate another memorial of the Legislature of the said Territory, praying that the interest which has accrued on lands in said Territory, purchased of the United States, may be remitted, and that further

The three bills brought up yesterday for concurrence were read, and passed to the second reading.

On motion, by Mr. SMITH, the bill, entitled "An act for the better regulation of the Ordnance department," was read the second time by unanimous consent; and referred to the Committee on Military Affairs, to consider and report thereon.

The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act supplementary to the act, entitled 'An act providing for the indemnification of certain claimants of the public lands in the Mississippi Territory."

Whereupon, on motion, by Mr. HUNTER, Resolved, That they concur therein with an amendment.

The Senate proceeded to consider the report of the committee of conference on their part, on the disagreeing votes of the two Houses, on the of the United States to accept the services of bill, entitled "An act to authorize the President volunteers who may associate and organize themselves, and offer their services to the Government

of the United States.

Whereupon, on motion, by Mr. BROWN,

Resolved, That they concur therein with an amendment.

The Senate resumed the bill, entitled "An act other purposes;" and on motion, by Mr. BIBB, to prohibit intercourse with the enemy, and for the consideration thereof was postponed to, and made the order of the day for, Monday next.

On motion, by Mr. ANDERSON, the bill for the relief of Edward Barry and George Hodges, together with the accompanying documents, was referred to the committee appointed on the 23d Directors of the Washington Bridge Company, September, on the memorial of the President and to consider and report thereon.

The bill concerning field officers of the militia was read the second time.

MONDAY, January 23.

The PRESIDENT laid before the Senate the credentials of OUTERBRIDGE HORSEY, appointed a Senator by the Legislature of the State of Dela

ware, for the term of six years, commencing on the fourth day of March next; and they were read, and laid on file.

The Senate resumed the consideration of the motion submitted on the 10th instant, by Mr. MASON, relative to information requested by their resolution of the 9th November last; and on the question, to agree thereto, it was determined in the negative-yeas 12, nays 18, as follows:

YEAS-Messrs. Dana, German, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Smith, Taylor, and Thompson.

NAYS-Messrs. Anderson, Barbour, Bibb, Chace, Condit, Daggett, Gaillard, Giles, Kerr, Lacock, Morrow, Roberts, Robinson, Turner, Varnum, Walker, Wells, and Wharton.

The Senate resumed the consideration of the motion submitted on the 27th December last; and on motion, by Mr. KING, the consideration thereof was further postponed to the first Monday in February next.

The bill, entitled "An act for the relief of John Brahany," was read the second time.

The bill, entitled "An act for the relief of Benjamin Wells and others," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. ROBERTS, MASON, and BARBOUR, were appointed the com

mittee.

A message from the House of Representatives informed the Senate that the House agree to the amendments of the Senate to the bill, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory." They agree to the report of the conferees on the disagreeing votes of the two Houses on the amendments to the bill, entitled "An act to authorize the President of the United States to accept the services of volunteers who may associate and organize themselves, and offer their services to the Government of the United States," with the amendment made thereto by the Senate; and that the bill be passed accordingly. They have passed a bill, entitled "An act to alter and amend the several acts for establishing a Navy Department, by adding thereto a Board of Commissioners; a bill, entitled "An act directing the manner of contracts and purchases in the Navy Department, and for promoting economy therein," a bill, entitled "An act for the relief of Joseph Perkins;" a bill, entitled "An act concerning Matthew Guy, John Woodward, Samuel Tennison, and Wilfred Drury;" a bill, entitled "An act concerning Weston Jenkins and others;" a bill, entitled "An act for the relief of William Arnold;" also, a bill, entitled "An act for the relief of Farrington Barkelow, administrator of Mary Rappleyea;" in which bills they request the concurrence of the Senate.

Mr. HUNTER, from the committee to whom the subject was referred reported a bill for the relief of Henry Nimmo; and the bill was read, and passed to the second reading.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to prohibit intercourse with the enemy, and

JANUARY, 1815.

for other purposes," together with the amendments reported thereto by the select committee; and the amendments were agreed to with an amendment; and the bill having been further amended, on motion, by Mr. ROBERTS, the further consideration thereof was postponed until to-morrow.

TUESDAY, January 24.

The seven bills brought up yesterday for concurrence were read, and passed to the second reading.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend the act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise;" in which bill they request the concurrence of the Senate.

The bill last mentioned was read, and passed to the second reading.

The bill for the relief of Henry Nimmo was read the second time.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to prohibit intercourse with the enemy, and for other purposes."

Mr. DAGGETT moved to strike out the 8th section of the bill. And after debate, on motion, by Mr. BARBOUR, the further consideration thereof was postponed until to-morrow.

Mr. SMITH, from the committee to whom was referred the report of the Secretary of the Treasury containing a statement of proceedings under the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, made a report; which was read.

Mr. SMITH, from the same committee, reported a bill in addition to the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio; and the bill was read, and passed to the second reading.

Mr. TAYLOR, from the committee to whom was referred the bill, entitled "An act supplementary to the act, entitled 'An act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise, and for other purposes," reported it wth amendments.

On motion, by Mr. GOLDSBOROUGH, the bill for the relief of Bowie and Kurtz, and others, was recommitted to Messrs. GOLDSBOROUGH, GORE, and CHACE, further to consider and report thereon.

On motion, by Mr. MORROW, a member was added to the committee to whom was referred, the 21st September last, the memorial of the Legislature of the Indiana Territory, in place of Mr. BLEDSOE; and Mr. BARBOUR was elected.

The bill for the relief of Henry Nimmo was read the second time, and considered as in Committee of the Whole; and, no amendment having been proposed, the bill was ordered to be engrossed and read a third time.

WEDNESDAY, January 25.

The bill, entitled "An act to amend the act laying duties on licenses to retailers of wines, spiritu

JANUARY, 1815.

ous liquors, and foreign merchandise," was read the second time, and referred to the committee to whom was referred, the 18th instant, the bill, entitled "An act to amend the act, entitled 'An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying a direct tax upon the United States, and to provide for assessing and collecting the same;" and the act, entitled "An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying duties on household furniture, and on gold and silver watches," to consider and report thereon.

The bill for the relief of Henry Nimmo was read a third time, and passed.

Mr. MASON presented a petition, signed by a number of the inhabitants of the town of Hollis, in the State of New Hampshire, remonstrating against the transportation and opening of the mail on the Sabbath; and the petition was read, and referred to the committee to whom were referred, on the 26th ultimo, several petitions on the same subject, to consider and report thereon by bill or otherwise.

The bill, entitled "An act for the relief of William Arnold," was read the second time.

SENATE.

YEAS-Messrs. Daggett, Dana, Fromentin, German, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Thompson, and Wells.

NAYS-Messrs. Anderson, Barbour, Bibb, Chace, Condit, Kerr, Lacock, Morrow, Robinson, Smith, Tait, Taylor, Varnum, Walker, and Wharton.

On motion, by Mr. BARBOUR, to amend the eighth section of the bill, by inserting, in the fifth line, after the word "act," the words, "or under color thereof;" it was determined in the negative-(the Senate being equally divided) yeas 14, nays 14, as follows:

YEAS-Messrs. Anderson, Barbour, Bibb, Chace, Condit, Lacock, Morrow, Robinson, Tait, Taylor, Turner, Varnum, Walker, and Wharton.

NAYS-Messrs. Daggett, Dana, Fromentin, German, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Smith, Thompson, and Wells.

And the question recurring on striking out the 8th section, amended as follows:

The bill, entitled "An act concerning Weston Jenkins and others," was read the second time. The bill, entitled "An act concerning Matthew Guy, John Woodward, Samuel Tennison, and Wilfred Drury," was read the second time.

The bill, entitled "An act to alter and amend the several acts for establishing a Navy Department, by adding thereto a Board of Commissioners," was read the second time, and referred to the Committee on Naval Affairs, to consider and report thereon.

The bill, entitled "An act directing the manner of contracts and purchases in the Navy Department, and for promoting economy therein," was read the second time, and referred to the same committee, to consider and report thereon.

INTERCOURSE WITH THE ENEMY. The Senate resumed, as in Committee of th Whole, the consideration of the bill, entitled "An act to prohibit intercourse with the enemy, and for other purposes;" and Mr. VARNUM was requested to take the Chair.

On the question to strike out the eighth section, as proposed by Mr. DAGGETT-on motion, by Mr. BIBB, it was agreed to take the question by yeas and nays.

On motion, by Mr. DAGGETT, that the bill be referred to a select committtee, further to consider and report thereon, it was determined in the negative-yeas 13, nays 15, as follows:

said

then be the duty of the State court to accept the surety, if special bail was originally required therein, it shall and proceed no further in the cause, and the bail that shall have been originally taken, shall be discharged, and such copies being entered as aforesaid in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process, whatever may be the amount of the sum in dispute or damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding. And any attachment of the goods or estate of the defendant, by the original process, shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such State they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced. And it shall be lawful, in any action or prosecution which may be now pending, or hereafter commenced, before any State court whatever, for anything done, or omitted to be done, by the defendant, as an inspector or other officer to remove and transfer, by appeal, such decision, during of the customs, after final judgment, for either party the session or term of said court, at which the same circuit court of the United States, to be held in the shall have taken place, from such court to the next district in which such appeal shall be taken in manner aforesaid; and it shall be the duty of the person taking such appeal and transfer, to produce and enter in the said circuit court, attested copies of the process, proceedings, and judgment, in such cause; and it shall also be competent for either party, within six months of the rendition of a judgment in any such cause, by

SENATE.

writ of error or other process, to remove the same to the circuit court of the United States of that district

in which such judgment shall have been rendered; and the said circuit court shall, thereupon, proceed to try and determine the facts and the law in such action,

in the same manner as if the same had been there originally commenced; the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said circuit court in such action, in the same manner as if no such removal and transfer had been made as aforesaid; and the State court from which any such action may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall fail duly to enter the removal and transfer as aforesaid in the circuit court, agreeable to this act, the State court, by which judgment shall have been rendered, and from which the transfer and removal shall have been made as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made: Provided, nevertheless, That this act shall not be construed to apply to any prosecution for an offence involving corporal punishment: And, provided also, That no such appeal shall be allowed in any criminal action or prosecution, where final judgment shall have been rendered in favor of the defendant, or respondent, by the State court; and in any action or prosecution against any person as aforesaid, it shall be lawful for such person to plead the general issue, and give this act and any special matter in evidence. And if, in any such suit, the plaintiff is nonsuit, or judgment pass against him,

the defendant shall recover double costs:"

It was determined in the negative-yeas 12, nays 15, as follows:

YEAS-Messrs. Daggett, Dana, German, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Thompson, and Wells.

NAYS-Messrs. Anderson, Barbour, Bibb, Chace, Condit, Gaillard, Kerr, Lacock, Morrow, Robinson, Taylor, Turner, Varnum, Walker, and Wharton.

And the bill having been amended, the PRESIDENT resumed the Chair, and Mr. VARNUM reported it to the House accordingly.

THURSDAY, January 26.

The bill in addition to the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio,

was read the second time."

A message from the House of Representatives informed the Senate that the House have passed the bill, entitled "An act to extend the time of Oliver Evans's patent for his improvement on steam engines," with amendments, in which they request the concurrence of the Senate. They have passed a bill, entitled "An act for the relief of Isaac Smith and Bratton Caldwell;" also, a bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States;" in which bills they request the concurrence of the Senate.

JANUARY, 1815.

INTERCOURSE WITH THE ENEMY. The Senate resumed the consideration of the

bill to prohibit intercourse with the enemy, and for other purposes; and the amendments made in Committee of the Whole were concurred in ; and on motion, by Mr. BARBOUR, it was agreed to amend the 8th section of the bill, by inserting, in the 5th line, after the word "act," the words, or under color thereof;" and, on motion by Mr. BARBOUR, to insert the same words in the 7th line of the same section, after the word " act;" it was determined in the affirmative-yeas 16, nays 15, as follows:

YEAS-Messrs. Anderson, Barbour, Bibb, Chace, Condit, Gaillard, Kerr, Lacock, Morrow, Robinson, Tait, Taylor, Turner, Varnum, Walker, and Wharton. NAYS-Messrs. Brown, Daggett, Dana, Fromentin, German, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Smith, Thompson, and Wells.

8th section of the bill as amended, it was deterOn motion, by Mr. DAGGETT, to strike out the mined in the negative-yeas 13, nays 18, as follows:

YEAS-Messrs. Daggett, Dana, Fromentin, German, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Thompson, and Wells.

NAYS-Messrs. Anderson, Barber, Bibb, Brown, Chace, Condit, Gaillard, Kerr, Lacock, Morrow, Robinson, Smith, Taylor, Turner, Varnum, Walker, and Wharton.

On motion, by Mr. MASON, to add the following proviso at the end of the 5th section:

before he enter upon the duties of his office, give bond Provided, That each inspector so appointed shall,

to the United States with sufficient sureties, to the

acceptance of the district judge, of the district where such inspector shall be appointed, in a sum not less than thousand dollars, for the faithful performance of the duties of his office, and to respond damages to any person injured by such officer under color of his office; which bond may, on application to such judge, by any person so injured by such officer, be put in suit for the benefit of such person:"

It was determined in the affirmative-yeas 16, nays 15, as follows:

YEAS-Messrs. Brown, Daggett, Dana, Fromentin, German, Goldsborough, Gore, Horsey, Hunter, Kerr, King, Lambert, Mason, Smith, Thompson, and Wells.

NAYS-Messrs. Anderson, Barbour, Bibb, Chace, Condit, Gaillard, Lacock, Morrow, Robinson, Tait, Taylor, Turner, Varnum, Walker, and Wharton.

And the bill having been further amended the amendments were engrossed and the bill read a

third time as amended.

FRIDAY, January 27.

The bill from the House of Representatives, entitled "An act to authorize the purchase of a tract of land for the use of the United States," was read, and passed to a second reading.

The bill, entitled "An act for the relief of Isaac Smith and Bratton Caldwell," was read, and passed to the second reading.

The Senate proceeded to consider the amendments of the House of Representatives to the

bill, entitled "An act to extend the time of Oliver Evans's patent for his improvement on steam engines," and on motion, by Mr. GILES, the further consideration thereof was postponed to Tuesday next.

Mr. MORROW, from the committee to whom was referred the bill, entitled "An act for giving further time to the purchasers of public lands to complete their payments," reported it without amendment.

Mr. MORROW, from the same committee, to whom was referred the bill, entitled "An act attaching to the Canton district, in the State of Ohio, the tract of land lying between the foot of the rapids of the Miami of Lake Erie, and the Connecticut Western Reserve," also reported it without amendment.

The Senate resumed the bill making appropriations for repairing or rebuilding the public buildings within the City of Washington; and on motion, by Mr. LACOCK, the consideration thereof was further postponed until to-morrow.

Mr. TAYLOR presented the petition of sundry inhabitants of Darlington district, in the State of South Carolina, praying an alteration in the conveyance of the mail through their district, for reasons stated in the petition; which was read.

The Senate resumed, as in Committee of the Whole, the consideration of the bill concerning field officers of the militia; and, no amendment having been proposed, the bill was ordered to be engrossed and read a third time.

The amendments to the bill, entitled "An act to prohibit intercourse with the enemy, and for other purposes," was read a third time as amended. On motion, by Mr. KING, it was referred to a select committee, to consist of five members, further to consider and report thereon; and Messrs. GILES, MASON, BARBOUR, CHACE, and BIBB, were appointed the committee.

Mr. DAGGETT, from the committee to whom were referred the petitions of numerous citizens of the States of New Hampshire, Massachusetts, Connecticut, North Carolina, and Ohio, praying Congress to prohibit the transportation and opening of the mail on the Sabbath, made report; which was read, together with the following resolution:

SENATE.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act for the relief of John Brahany;" and, no amendment having been proposed, it passed to a third reading.

The bill, entitled "An act for the relief of Farrington Barkelow, administrator of Mary Rappleyea," was resumed, as in Committee of the Whole; and, no amendment having been proposed, it passed to the third reading.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled “An act for the relief of William Arnold;" and, no amendment having been proposed, it passed to a third reading.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act supplementary to the act, entitled 'An act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise, and for other purposes," together with the amendments reported thereto by the select committee; and, the amendments having been agreed to, the PRESIDENT reported the bill to the House accordingly.

On the question, Shall the amendments be engrossed and the bill read a third time as amended? it was determined in the affirmative.

SATURDAY, January 28.

On motion, by Mr. VARNUM,

Resolved, That the Secretary of the Navy Department be directed to lay before the Senate an account of the disbursements of public moneys which have been made at each navy yard in the United States, between the first day of January, 1800, and the last day of December, 1814, designating the disbursements made at each, in each year.

On motion, by Mr. VARNUM,

fairs, to whom was referred the bill, entitled "An Mr. TAIT, from the Committee on Naval Afact to alter and amend the several acts for establishing a Navy Department, by adding thereto a Board of Commissioners," reported it with amend

ments.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act concerning Weston Jenkins and others," and on motion, by Mr. ANDERSON, it was referred to the same committee, to consider and report thereon.

The bill, entitled "An act for the relief of Isaac Smith and Bratton Caldwell," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. LACOCK,