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SENATE.

Proceedings.

OCTOBER, 1814.

Mr. MORROW, from the committee to whom Porter, Gaines, and Macomb," in which they rewas referred the bill, entitled "An act further toquest the concurrence of the Senate. extend the right of suffrage, and to increase the number of members of the Legislative Council in the Mississippi Territory," reported it without amendment.

THURSDAY, October 13.

The resolutions last mentioned were read, and passed to the second reading.

On motion, by Mr. MASON, the Secretary of the Senate was required to purchase, for the use of the Senate, four copies of the laws of the United States, and two copies of Graydon's Digest of said laws.

MONDAY, October 17.

The resolutions expressive of the sense of Con

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act further to extend the right of suffrage, and to increase the number of members of the Legislative Council of the Mississippi Territory; and, ongress of the gallantry and good conduct with motion, by Mr. GILES, the further consideration thereof was postponed to Monday next.

FRIDAY, October 14.

Mr. GOLDSBOROUGH presented the memorial of Washington Bowie, and others, owners of the ship Allegany, praying to be reimbursed the value of said vessel, which was seized and condemned at Gibraltar by the enemy, whilst employed in the service of the United States, for reasons stated at large in the memorial; which was read, and referred to a select committee, to consider and report thereon, by bill or otherwise; and Messrs. GOLDSBOROUGH, GORE, and CHACE, were appointed the committee.

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

Representatives of the United States:

I now transmit to Congress copies of the instructions to the Plenipotentiaries of the United States, charged with negotiating a peace with Great Britain, as referred to in my Message of the 10th instant.

JAMES MADISON.

WASHINGTON October 13, 1814. The Message and documents therein referred to, not confidentially communicated, were read, and ordered to be printed for the use of the Senate.

On motion by Mr. BIBB,

Resolved, That the Message and documents, together with several communications of the President of the United States to the Senate, since the commencement of the present session, relating to our foreign affairs, be referred to a select committee.

Ordered, That Messrs. BIBB, TAYLOR, KING, BROWN, and CHACE, be the committee.

On motion, by Mr. ANDERSON, the galleries were cleared and the doors of the Senate Cham

ber closed.

SATURDAY, October 15.

which the reputation of the arms of the United States has been sustained by Major General Brown, Major General Scott, and Brigadiers Ripley, Miller, Porter, Gaines, and Macomb," were read the second time, and referred to the Committee on Military Affairs, to consider and report thereon.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act further to extend the right of suffrage, and to increase the number of members of the Legisla tive Council, in the Mississippi Territory ;" and, on motion of Mr. BLEDSOE, the consideration thereof was further postponed to Wednesday next.

Mr. MORROW presented the petition of Edward Bland and others, inhabitants of the City of Washington, lately employed at the navy yard, praying indemnification for the loss of a quantity of tools, which, with the public buildings, were consumed by order of the Secretary of the Navy, as is stated in the petition; which was read, and referred to the Secretary for the Department of Navy, to consider and report thereon to the Senate.

Mr. TAYLOR presented the petition of Jeremiah Searcy, formerly a citizen of South Carolina, now tucky, an old Revolutionary soldier, praying rea citizen of Madison county, in the State of Kenlief, for reasons stated at large in the petition; which was read.

Mr. TAIT, from the Naval Committee, reported, Congress relative to the capture of the British in part, a resolution expressive of the sense of sloop Reindeer by the American sloop Wasp;" and the resolution was read, and passed to the second reading.

Mr. TAIT communicated a letter from the Secof the documents relative to the capture and deretary for the Department of Navy, with copies by the American sloop of war Wasp, commanded struction of the enemy's sloop of war Reindeer, by Captain Johnston Blakely; and the letter and documents therein referred to were read, and ordered to be printed for the use of the Senate.

TUESDAY, October 18.

A message from the House of Representatives informed the Senate that the House have passed Mr. MORROW, from the committee to whom resolutions expressive of the sense of Congress of the subject was referred, reported a bill further the gallantry and good conduct with which the extending the time for locating Virginia military reputation of the arms of the United States has land warrants, and for returning the surveys been sustained by Major General Brown, Major thereon to the General Land Office; and the bill General Scott, and Brigadiers Ripley, Miller, I was read, and passed to the second reading.

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The PRESIDENT communicated a letter from Peter Landais, together with a representation of his claim against the United States; which were read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. FROMENTIN, WALKER, and BROWN, were appointed the committee.

The resolution expressive of the sense of Congress relative to the capture of the British sloop Reindeer by the American sloop Wasp, was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, the President reported it to the House accordingly; and the resolution was ordered to be engrossed and read a third time.

WEDNESDAY, October 19.

The bill further extending the time for locating Virginia military land warrants, and for returning the surveys thereon to the General Land Office, was read the second time.

Mr. FROMENTIN, from the committee, reported the resolution expressive of the sense of Congress relative to the capture of the British sloop Reindeer by the American sloop Wasp, correctly engrossed; which was read the third time, and passed unanimously.

SENATE.

Gaillard, German, Goldsborough, Lacock, Morrow, Roberts, Robinson, Turner, Varnum, Walker, Wharton, and Worthington.

NAYS-Messrs. Bibb, Daggett, Fromentin, Giles, Horsey, Hunter, King, Mason, Tait, Taylor, Thompson, and Wells.

THURSDAY, October 20. SAMUEL SMITH, from the State of Maryland, took his seat in the Senate.

The Senate proceeded to consider the amendment of the House of Representatives to the resolution empowering the joint Library Committee of Congress to contract for the purchase of Mr. Jefferson's library.

On motion, by Mr. MASON, that the further consideration thereof be postponed to the first Monday in April next, it was determined in the negative-yeas 7, nays 21, as follows:

YEAS-Messrs. Daggett, German, Gore, Horsey, King, Mason, and Thompson.

Chace, Condit, Fromentin, Gaillard, Giles, Goldsborough, Lacock, Morrow, Roberts, Robinson, Tait, Taylor, Turner, Varnum, Walker, Wharton, and Worth

NAYS-Messrs. Anderson, Bibb, Bledsoe, Brown,

ington.

Whereupon, Resolved, That they concur therein. The bill, entitled "An act further to extend the Mr. GILES from the Committee on Military Affairs, to whom were referred the resolutions right of suffrage, and to increase the number of expressive of the sense of Congress of the gallant-sissippi Territory," was read the third time, and members of the Legislative Council in the Misry and good conduct with which the reputation of the arms of the United States has been sustained by Major General Brown, Major General Scott, and Brigadiers Ripley, Miller, Porter, Gaines, and Macomb, reported them with amendments; which

were read and considered as in Committee of the

Whole, and agreed to; and on motion, by Mr. ROBINSON, the resolutions were further amended, and the President reported them to the House accordingly.

On the question, Shall these resolutions be read a third time as amended? it was determined in the affirmative.

The resolutions were then read a third time as amended, by unanimous consent, and passed unanmously with amendments.

On motion, by Mr, FROMENTIN, it was agreed that the title thereof be amended.

A message from the House of Representatives informed the Senate that the House have passed the resolution which originated in the Senate empowering the joint Library Committee of Congress to contract for the purchase of Mr. Jefferson's library, with an amendment, in which they request the concurrence of the Senate.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act further to extend the right of suffrage, and to increase the number of members of the Legislative Council in the Mississippi Territory; and the President having reported it to the House without amendment, on the question, Shall this bill be read a third time? it was determined in the affirmative-yeas 16, nays 12, as follows:

YEAB-Messrs. Anderson, Bledsoe, Chace, Condit,

passed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill further extending the time for locating Virginia military land warrants, and for returning the surveys thereon to the General Land Office; and, no amendment having been proposed, the President ordered to be engrossed and read a third time. reported it to the House accordingly; and it was

FRIDAY, October 21.

The bill further extending the time for locating Virginia military land warrants, and for returning the surveys thereon to the General Land Office, was read a third time; and on motion, by Mr. FROMENTIN, the bill was amended by unanimous consent; and on motion by Mr. MORROW, the blanks were filled, first, with "three," second, with "five."

Resolved, That this bill pass.

Mr. GERMAN Submitted i following motion: Resolved, That the committee to whom was referred that part of the President's Message which relates to the classification of the militia, be instructed to inquire into the expediency of adopting the following plan, viz: That the whole militia of the United States be divided into classes of ten men; that it be obligatory on each class to furnish, on the requisition of the President of the United States, on the first Monday of April, annually, one able-bodied man, who shall serve for the term of one year, in a corps of local militia, to be organized in each State for the defence thereof. Mr. FROMENTIN submitted the following motion: Resolved, That there be printed, for the use of the

SENATE.

Memorial of Stephen Girard.

OCTOBER, 1814.

Senate, a list of all the bills which have been laid be- reported, in part, a bill authorizing the President fore the Senate at any former session, and which have of the United States to cause to be built or purbeen rejected by the Senate, or by the House of Rep-chased the vessels therein described; and the bill resentatives; and that a similar list be thus printed at was read, and passed to the second reading. the beginning of every session of Congress. The Senate adjourned to Monday.

MONDAY, October 24.

JOHN LAMBERT, from the State of New Jersey, took his seat in the Senate.

A message from the House of Representatives informed the Senate that the House disagree to the amendments of the Senate to the resolutions expressive of the sense of Congress of the gallantry and good conduct with which the reputation of the arms of the United States has been sustained by Major General Brown, Major General Scott, and Brigadiers Ripley, Miller, Porter, Gaines, and Macomb.

The Senate proceeded to consider the amendments disagreed to by the House of Representatives to the resolutions last mentioned.

On motion, by Mr. GILES,

A message from the House of Representatives informed the Senate that the House insist on their disagreement to the amendments of the Senate, to the resolutions "expressive of the sense of Congress of the gallantry and good conduct with which the reputation of the arms of the United States has been sustained by Major General Brown, Major General Scott, and Brigadiers Ripley, Miller, Porter, Gaines, and Macomb." They agree to the conference proposed on the subject, and have appointed managers on their part.

The Senate resumed the motion made on the 21st instant, by Mr. GERMAN, respecting the classification of the militia; and agreed thereto.

MEMORIAL OF STEPHEN GIRARD. Mr. ROBERTS presented the memorial of Stethat he has established a bank upon his own forphen Girard, of the city of Philadelphia, stating tune and credit, and for his own exclusive emolamend-ument, and that, by the construction given to the act of Congress laying duties on notes of banks, bankers, &c., he is excluded from the privileges enjoyed by other banking companies, and praying relief, for reasons stated at large in the memorial; which was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs ROBERTS, SMITH, and DAG

Resolved, That they insist on their ments, and ask a conference on the disagreeing votes of the two Houses; and,

Ordered, That Messrs. GILES, SMITH, and VARNUM, be the managers at the said conference on the part of the Senate.

The memorial is as follows:

The Senate resumed the motion made the 21st instant, by Mr. GERMAN, respecting the classification of the militia; and the further considera-GETT, were appointed the committee. tion thereof was postponed until to-morrow. On motion, by Mr. GOLDSBOROUGH, To the Senate and House of Representatives in ConResolved, That the President of the United gress assembled, the memorial of Stephen Girard, of States be requested to lay before the Senate (prothe city of Philadelphia, in the State of Pennsylvided he shall not consider the same improper to vania, merchant and banker, respectfully showeth : be communicated,) the proof of any traffic carried That your memoralist has established a bank in the on in the West Indies, by the sale of negroes taken city of Philadelphia, upon the foundation of his own from the United States by the British forces since individual fortune and credit, and for his own excluthe present war, which was alluded to in the let-sive emolument, and that he is willing most cheerfully ter of the Secretary of State to the American Plenipotentiaries at Gottenburg, of date 28th day of January, 1814, and contained in his late Message to Congress.

The Senate resumed the motion made the 21st instant, to print a list of rejected bills; and, on motion, by Mr. FROMENTIN, it was amended; and the further consideration thereof postponed.

TUESDAY, October 25.

to contribute, in common with his fellow-citizens throughout the United States, a full proportion of the National Government according to the profits of his taxes which have been imposed for the support of the tion has been given to the acts of Congress laying duoccupation and the value of his estate; but a constructies on notes of banks, &c., from which great difficulties have occurred and great inequalities daily produced to the disadvantage of his bank, that were not, it is confidently believed, within the contemplation of the Legislature.

That the first section of the act of Congrees of the The Senate resumed the motion made the 21st 2d August, 1813, having imposed a stamp duty on instant, respecting the classification of the militia, notes issued by any banker or bankers, as well as by any and the further consideration thereof was post-banks or companies, either incorporated or not incorponed until to-morrow.

porated, it is provided by the second section of the act, that in respect to any stamp on any of the notes of the banks or companies aforesaid, now established, or which may hereafter be established within the United States, it shall be lawful for the Secretary of the Treasury to agree to an annual composition, in lieu of such stamp duty, with any of the said banks or companies, of 1 per centum on the amount of the annual dividend made by such banks to their stockholders respectively that your memorialist, in due season, offered to Mr. TAIT, from the Committee on Naval Affairs, enter into the said composition, at the rate of 14 per

The Senate resumed the motion made the 21st instant, to print a list of rejected bills; and on motion, by M. LACOCK, it was referred to a select committee, to consider and report thereon, and Messrs. FROMENTIN, LACOCK, and VARNUM, were appointed the committee.

WEDNESDAY, October 26.

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centum on the amount of the annual profit of this bank, deeming the annual profit of an individual banker equivalent, in language and in law, to the annual dividend of a bank established by a corporation or company. That it has been officially declared, however, that the second section of the act of Congress does not authorize a composition with an individual banker, because it speaks only of banks and companies, (not of banker and bankers,) and because it speaks only of dividends (not of profits) made to the stockholders; and that hence an individual banker, acting upon a capital of one million of dollars, and issuing bank notes to the amount of one million of dollars, is subjected to the prompt payment of a duty amounting to $10,000, while an incorporated bank, or even a private company of two or three bankers, acting upon the same amount of capital and issuing the same amount of bank notes, will only be liable, periodically, to the payment of a duty amounting to $1,500, upon the customary annual dividend of ten per cent.

That the first section of the act of Congress of the 2d August, 1813, imposes a stamp duty upon any promissory note, or notes, payable either to bearer or order, issued by any banks or companies, or by any banker or bankers; that the eighth section, of the act provided that no banks or companies, which shall not have compounded for the stamp duty, shall issue any bank bill or promissory note, unless upon paper duly stamped and whereon the respective duties shall have been paid; and the twelfth section of the act declares, that all the

SENATE.

sense of Congress of the gallantry and good con-
duct with which the reputation of the arms of
the United States has been sustained by Major
General Brown. Major General Scott, and Brig-
adiers Ripley, Miller, Porter, Gaines, and Ma-
comb," reported that the conferees had agreed to
certain modifications of the amendments; and
the report was read.
Resolved, That the Senate concur therein, and
that the resolutions be amended accordingly.

FRIDAY, October 28.

Whole, the consideration of the bill authorizing
The Senate resumed, as in Committee of the
the President of the United States to cause to be
built or purchased the vessels therein described.

On motion, by Mr. FROMENTIN, to insert, sec.
1, line 4, after the word "purchased," "manned,
equipped, and officered," and to strike out the
residue of the section, after the word "each," in
the seventh line, as follows: "and to be manned,
equipped, and officered, in the manner which he
shall judge most expedient:"

dent determined the question in the affirmative;
The Senate being equally divided, the Presi-
and the bill having been amended, the President
reported it to the House accordingly.

20. nays 7, as follows:

paper wanted for the purpose of the stamp duty, except-ment, it was determined in the affirmative-yeas
On the question to agree to the said amend-
ing paper for bank notes, shall be furnished, at the ex-
pense of the United States, by the Secretary of the
Treasury. That, after the rejection of this offer to en-
ter into a composition for the stamp duty, your memo-
rialist has complied with the directions of the law, and
has transmitted to the Commissioner of the Revenue
sheets of bank notes in order to be stamped.

That, independent of the great hazard and delay to which your memorialist is exposed by these operations, it is obvious, from the texture and quality of bank paper, that the stamp, as at present impressed on bank notes, must disappear in the course of an extensive circulation, producing some uncertainty in the revenue, and probably great injustice to individuals.

And your memoralist, having submitted these considerations to the wisdom of Congress, respectfully prays, that the act of Congress may be so amended, as to permit the Secretary of the Treasury to enter into a composition for the stamp duty, in the case of private bankers as well as in the case of corporations and companies, or so as to render the duty equal in its operations upon every denomination of bankers.

STEPHEN GIRARD.

PHILADELPHIA, October 24, 1814.

THURSDAY, October 27.

The bill authorizing the President of the United States to cause to be built or purchased the vessels therein described, was read the second time; and, on motion, by Mr. TAIT, was considered as in Committee of the Whole; and, after progress, the further consideration thereof was postponed until to-morrow.

Mr. GILES, from the managers on the part of the Senate, at the conference on the amendments of the Senate disagreed to by the House of Representatives, to the resolutions "expressive of the 13th CoN. 3d SESS.-2

YEAS-Messrs. Anderson, Brown, Chace, Daggett,
Fromentin, Gaillard, German, Giles, Goldsborough,
Gore, Horsey, Hunter, Lambert, Mason, Robinson,
Smith, Tait, Thompson, Varnum, and Worthington.
NAYS-Messrs. Bibb, Bledsoe, Condit, Lacock, Rob-
erts, Turner, and Wharton.

On the question, Shall this bill be engrossed
and read a third time? it was determined in the
affirmative. The bill as amended is as follows:

Naval Establishment, the President of the United
Be it enacted, &c., That, in addition to the present
built or purchased, manned, equipped, and officered,
States be, and he is hereby authorized to cause to be
his opinion, the public service may require, to carry
any number of vessels, not exceeding, which, in
to be manned, equipped, and officered, in the manner
guns each, and
which he shall judge most expedient.

not less than

nor more than

SEC. 2. And be it further enacted, That, for the building and purchase and equipping of these vessels, the sum of dollars be and the same is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated.

MONDAY, October 31.

On motion, by Mr. SMITH, the petition of David M. Clarkson, and others, citizens of New York, praying the establishment of a National Bank, presented the 30th ultimo, was referred to the select committee, to consist of five members, to consider and report thereon by bill or otherwise; and Messrs. KING, SMITH, TAYLOR, BIBB, and MASON, were appointed the committee.

A message from the House of Representatives informed the Senate that the House have passed

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a bill, entitled "An act to authorize a loan for a sum not exceeding three millions of dollars," in which bill they request the concurrence of the Senate.

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

The bill authorizing the President of the United States to cause to be built or purchased the vessels herein described having been reported by the committee correctly engrossed, was read a third time; and the blanks were filled; first with twenty," second, with "eight," third, with "fourteen," fourth, with "six hundred thousand."

Resolved, That this bill pass, and that the title thereof be "An act authorizing the President of the United States to cause to be built or purchased the vessels therein described."

TUESDAY, November 1.

The bill, entitled "An act to authorize a loan for a sum not exceeding three millions of dollars." was read the second time, and referred to a select committee to consider and report thereon; and Messrs. GORE, BIBB, and SMITH, were appointed the committee.

A message from the House of Representatives informed the Senate that the House have passed a resolution requesting the President of the United States to recommend a day of public humiliation, fasting, and prayer, in which they request the concurrence of the Senate.

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

Mr. LACOCK submitted the following motion: Resolved, That the Committee of Accounts be authorized to audit and control the accounts for the funeral expenses of Samuel A. Otis, Esquire, late Secretary of the Senate, and for a monument erected to his memory; and that the expenses be paid out of the contingent fund of the Senate. And the resolution was read.

Ordered, That it pass to the second reading.

WEDNESDAY, November 2. SAMUEL W. DANA, from the State of Connecticut, took his seat in the Senate.

Mr. ROBERTS presented the memorial of Oliver Evans, praying a general extension of the patent term, or a renewal of his patent for his improvements in steam engines; for reasons stated at large in the memorial; which was read, and referred to a select committee, to consist of five members, to consider and report thereon by bill or otherwise; and Messrs. ROBERTS, SMITH, DANA, ANDERSON, and VARNUM, were appointed the committee.

The resolution authorizing the Committee of Accounts to audit and control the accounts for the funeral expenses of Samuel A. Otis, Esquire, late Secretary of the Senate, was read the second time.

The resolution requesting the President of the United States to recommend a day of public humiliation, fasting, and prayer, was read the second time.

NOVEMBER, 1814.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of the petty officers and seamen under the command of Captain Joshua Barney," in which bill they request the concurrence of the Senate.

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

THURSDAY, November 3.

Mr. ROBERTS, from the committee, to whom was referred the petition of Stephen Girard, reported a bill supplementary to an act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations, discounted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions; and the bill was read, and passed to the second reading.

Mr. BLEDSOE Submitted the following motion: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of establishing, by law, an additional number of military acad

emies.

The bill, entitled "An act for the relief of the petty officers and seamen under the command of Captain Joshua Barney," was read the second time, and referred to the Committee on Naval Affairs, to consider and report thereon.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution authorizing the Committee of Accounts to audit and control the accounts for the funeral expenses of Samuel A. Otis, Esquire, late Secretary of the Senate; and, no amendment having been proposed, the President reported it to the House accordingly; and the resolution was ordered to be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution requesting the President of the United States to recommend a day of public humiliation, fasting, and prayer; and, no amendment having been proposed, it was ordered to a third reading.

The resolution was then read a third time by unanimous consent, and passed.

Mr. GORE, from the committee, to whom was referred the bill, entitled "An act to authorize a loan for a sum not exceeding three millions of dollars," reported it without amendment; and the bill was considered as in Committee of the Whole.

On motion, by Mr. GORE, to strike out, of section 5, after the word "thereof," in the 20th line, to the end of the section, and insert, between sections 5 and 6, the following:

"SEC. 6. And be it further enacted, That, in addition to the annual sum of eight millions of dollars, heretofore appropriated to the Sinking Fund, a further annual sum, to be provided by permanent funds, and which shall be equal to the interest payable upon the stock created by virtue of this act, together with a sum that shall be equal to one per centum upon the whole principal of said stock, shall, during the present session of Congress, be appropriated to the said Sinking Fund, and vested in the commissioners thereof, in trust, to be

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