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PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE TWELFTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, NOVEMBER 4, 1811.

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WILLIAM B. GILES, from Virginia.
JESSE FRANKLIN, from North Carolina.
JOHN GAILLARD and JOHN TAYLOR, from South
Carolina.

WILLIAM H. CRAWFORD and CHARLES TAIT, from Georgia.

tials, which were read, and the oath prescribed by law was administered to them, and they took their seats in the Senate.

The oath was also administered to Messrs. CONDIT, CRAWFORD, GILES, GILMAN, and TAYLOR, their credentials having been read and filed during the last session.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business.

Resolved, That each Senator be supplied, during the present session, with three such newspapers printed in any of the States as he may choose, provided that the same be furnished at the usual rate for the annual charge of such papers; and provided, also, that if any Senator shall choose to take any newspapers other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers. On motion of Mr. GREGG,

Resolved, That the Senate will, to-morrow, at keeper, who shall also discharge the duty of Sertwelve o'clock, proceed to a choice of a Doorgeant-at-Arms.

Mr. TAYLOR presented the memorial of Joseph Wheaton, praying remuneration for services rendered the United States in the Revolutionary war, and compensation for losses sustained therein.

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and have elected HENRY CLAY, Esq., one of the Representatives from the State of Kentucky, their Speaker, and are ready to proceed to business. They have appointed a committee on their part, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled and ready to receive any communications that he may be pleased to make to them.

JOHN POPE, from Kentucky. JOSEPH ANDERSON, from Tennessee. THOMAS WORTHINGTON, from Ohio. GEORGE M. BIBB, appointed a Senator by the Legislature of the State of Kentucky, for the term of six years, commencing on the 4th day of March last; GEORGE W. CAMPBELL, appointed a Senator by the Legislature of the State of Tennessee, in place of JENKIN WHITESIDE, resigned; JEREMIAH B. HOWELL, appointed a Senator, for the term of six years, commencing on the fourth day of March last, by the Legislature of the State of Rhode Island and Providence Plantations; JOSEPH The Senate concurred in the appointment of a B. VARNUM, appointed a Senator by the Legisla-joint committee on their part, agreeably to the reture of the State of Massachusetts, for the term solution last mentioned; and Messrs. ANDERSON of six years, commencing on the fourth day of and GAILLARD were appointed the committee. March last; respectively produced their creden- The Senate then adjourned.

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attended.

NOVEMBER, 1811.

in order that it might receive full consideration in the depending discussions. This communication appears

not to have been received; but the transmission of it

Mr. ANDERSON reported, from the joint com- hitherto, instead of founding on it an actual repeal of mittee, that they had waited on the President of the orders, or assurances that the repeal would ensue, the United States, and that the President informed the British Cabinet. To be ready to meet with cordiwill not permit us to rely on any effective change in the committee that he would make a communi-ality satisfactory proofs of such a change, and to procation to the two Houses this day, at twelve ceed, in the mean time, in adapting our measures to o'clock. the views which have been disclosed through that Minister, will best consult our whole duty.

On motion, by Mr. LEIB, a committee was appointed agreeably to the forty-second rule for conducting business in the Senate; and, Messrs. LEIB, FRANKLIN, and CUTTS, were appointed the committee.

On motion, by Mr. GILMAN, a committee was appointed agreeably to the 22d rule for conduct ing business in the Senate; and Messrs GILMAN, CAMPBELL, of Tennessee, and BIBB, were appointed the committee.

On motion, by Mr. FRANKLIN, the Senate proceeded to the election of a Doorkeeper, agreeably to the resolution of yesterday, and the whole number of ballots collected was 27, of which MOUNTJOY BAYLY had 20, and was accordingly elected, in the place of James Mathers, deceased.

ANNUAL MESSAGE.

and redress for other wrongs have continued to be In the friendly spirit of those disclosures, indemnity withheld; and our coasts, and the mouths of our harbors, have again witnessed scenes not less derogatory to the dearest of our national rights, than vexatious to the regular course of our trade.

Among the occurrences produced by the conduct of British ships of war hovering on our coasts, was an encounter between one of them and the American frigate commanded by Captain Rodgers, rendered unavoidable on the part of the latter, by a fire, commenced without cause, by the former; whose commander is therefore alone chargeable with the blood unfortunately shed in maintaining the honor of the American flag. The proceedings of a court of inquiry, requested by Captain Rodgers, are communicated, together with the correspondence relating to the occurrence between the Secretary of State and His Britannic Majesty's Envoy.

The following Message was received from the To these are added the several correspondences which PRESIDENT OF THE UNITED STATES:

Fellow-citizens of the Senate

and House of Representatives :

In calling you together sooner than a separation from your homes would otherwise have been required, I yielded to considerations drawn from the posture of our foreign affairs; and in fixing the present, for the time of your meeting, regard was had to the probability of further developments of the policy of the belligerent Powers towards this country, which might the more unite the National Councils in the measures to be pursued.

At the close of the last session of Congress, it was hoped that the successive confirmations of the extinction of the French decrees, so far as they violated our neutral commerce, would have induced the Government of Great Britain to repeal its Orders in Council, and thereby authorize a removal of the existing obstructions to her commerce with the United States.

have passed on the subject of the British Orders in Council; and to both, the correspondence relating to the Floridas, in which Congress will be made acquainted with the interposition which the Government of Great Britain has thought proper to make against the proceeding of the United States.

The justice and fairness which have been evinced on the part of the United States towards France, both before and since the revocation of her decrees, authorized an expectation that her Government would have followed up that measure by all such others as were due to our reasonable claims, as well as dictated by its amicable professions. No proof, however, is yet given of an intention to repair the other wrongs done to the United States, and particularly to restore the great amount of American property seized and condemned under edicts which, though not affecting our neutral relations, and therefore not entering into questions between the United States and other belligerents, were, nevertheless, founded in such unjust principles that the reparation ought to have been prompt and ample.

In addition to this and other demands of strict right on that nation, the United States have much reason to be dissatisfied with the rigorous and unexpected restrictions to which their trade with the French dominions has been subjected; and which, if not discontinued, will require at least corresponding restrictions on importations from France into the United States.

Instead of this reasonable step towards satisfaction and friendship between the two nations, the Orders were, at a moment when least to have been expected, put into more rigorous execution; and it was communicated through the British Envoy just arrived, that, whilst the revocation of the edicts of France, as officially made known to the British Government, was denied to have taken place, it was an indispensable condition of the repeal of the British Orders that commerce should be restored to a footing that would admit the produc- On all those subjects, our Minister Plenipotentiary, tions and manufactures of Great Britain, when owned lately sent to Paris, has carried with him the necessary by neutrals, into markets shut against them by her en- instructions; the result of which will be communiemy; the United States being given to understand that,cated to you, and by ascertaining the ulterior policy of in the mean time, a continuance of their non-importa- the French Government towards the United States, tion act would lead to measures of retaliation. will enable you to adapt to it that of the United States towards France.

At a later date, it has indeed appeared that a communication to the British Government, of fresh evidence of the repeal of the French decrees against our neutral trade, was followed by an intimation that it had been transmitted to the British Plenipotentiary here,

Our other foreign relations remain without unfavorable changes. With Russia they are on the best footing of friendship. The ports of Sweden have afforded proofs of friendly dispositions towards our commerce

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