Richmond Enquirer

CONGRESS.

[Reported for the National Intelligencer.]

IN SENATE.

MONDAY, DECEMBER 7.

Mr. Daggett presented to the Senate sundry resolutions of the Legislature of Connecticut instructing the Senators and requesting the Representatives in Congress from that state to endeavor to procure an amendment to the constitution of the United States for making uniform (by districts) throughout the U. States, the mode of electing electors of President and Vice President of the United States and Representatives to Congress.

The bill, introduced some days ago by Mr. Daggett, to extend the judicial system of the United States, was next taken up as in committee of the whole.

Mr. Daggett rose in support of this bill, and, after observing that it was, with the exception of a few of its features, similar to the bill on the same subject before the House of Representatives at the last session, proceeded to explain briefly, but distinctly, its several provisions, showing the expediency of some and the absolute necessity of others. When Mr. D. concluded his remarks, the bill was, on his motion, referred to the judiciary committee.

The Senate resumed the consideration of the bill providing for the more convenient organization of the courts of the U. States, &c. and having made some progress thereon, the bill was postponed to Wednesday.

The resolution submitted by Mr. Wilson on Friday, relative to the public printing, was taken up and agreed to; as was also the resolution offered by Mr. Lacock limiting the printing to certain papers, unless specially ordered.

The motion made by Mr. Lacock on Friday, to refer the documents relative to the Seminole war to a select committee, was postponed to Wednesday.

The resolution, directing a monument over the remains of General Washington, was, on motion of Mr. Hanson, postponed to next Monday week—the gentleman who introduced the resolution being necessarily absent from his seat.

The resolution directing the survey of certain points on the coast of North Carolina, &c. was taken up, and, being amended, on motion of Mr. Sanford, so as to require the report of the surveys to be returned to Congress, was passed to a third reading.

The bill to erect an additional judicial district in Virginia, west of the Alleghany mountains, was, on motion of Mr. Williams of Miss. postponed to Monday week: and the Senate adjourned.

TUESDAY, DECEMBER 8.

The President laid before the Senate a report from the Secretary of the Treasury, embracing a plan for the final settlement of land claims in Louisiana and Missouri, together with the draft of a bill for that purpose: which were referred to the committee on the public lands.

Mr. Burrill gave notice that he should on to-morrow ask leave to introduce a bill respecting the transportation of persons of color, for sale, or to be held to labor.

The Senate proceeded to the consideration of the report of the committee on the Judiciary, unfavorable to the petition of Matthew Lyon, who prays the reimbursement of a fine inflicted on him under the sedition law, and other damages by him sustained by that sentence.

Mr. Crittenden moved to amend the report by substituting the following resolution for that of the committee, declaring that the petition ought not to be granted:

Resolved, That all persons who were prosecuted and fined under and by virtue of the second section of the act of Congress, commonly called the sedition law, approved the 14th day of July, 1798, entitled "An act in addition to the act for the punishment of certain crimes against the United States," ought to be reimbursed and indemnified out of the public treasury, to the amount of the fines imposed upon and paid by them respectively.

On this motion an animated and interesting debate took place, (which shall be further noticed hereafter,) in which Messrs. Crittenden, Burrill, Barbour, Otis and Mason entered. No question was taken; when, at a late hour, the Senate adjourned.

HOUSE OF REPRESENTATIVES.

MONDAY. DEC. 7.

Err-The name of Mr. Harrison was accidentally omitted in the statement of Friday's proceedings, amongst those gentlemen who voted in favor of the bill for the relief of the heirs of M. de Beaumarchais.

Mr. Ringgold from Maryland, and Mr. Hitchcock from Ohio, appeared to day and took their seats.

Mr. Williams, of North Carolina, from the committee of claims, to whom the subject was referred, reported a bill for the relief of Jacob Dox, and Mr. Johnson, of Kentucky, from the military committee, reported a bill concerning widows and orphans (providing for five years half pay to the widows and orphans of such soldiers as died after their return home of diseases contracted in the army;) which bills were severally twice read and committed.

Mr. Johnson submitted to the House a letter addressed to him as chairman of the military committee, from the Secretary of War, upon the subject of an additional national armory; and the letter was referred to a committee of the whole, with the bill to which it relates.

Mr. Tompkins offered the following resolution.

Resolved, That the Secretary of the Treasury be requested to lay before this House a statement of the sales, both public and private, of public lands northwest of the Ohio, and above the mouth of Kentucky river; the respective years in which such sales have taken place, the credits given on such sales, the sums which have been paid thereon, those which are now due, and the periods at which they became so; whether any instalments are yet to fall due, and to what amount; also what descriptions of money have been received, and what are now receivable in payment for said lands.

On the suggestion of Mr. Hendricks the motion was modified by striking out the words in italic, so as to make the scope of it embrace all the country north west of the Ohio.

Some discussion then took place on the expediency of adopting the resolution; in which Mr. Strother objected to it, on the ground that much of it was anticipated by information heretofore communicated, or required by the House: that it embraced an extent of information which was unnecessary, and to afford which, would demand of the Treasury Department a labor perfectly herculean, &c.

Mr. Harrison, under an idea that much of the information called for was already communicated in the annual reports from the Treasury, and unwilling to order such a laborious and extensive mass of information precipitately, moved that the resolution lie on the table and be printed; which being acquiesced in by Mr. Tompkins, whose object was not to give unnecessary trouble, but only to obtain information not already communicated; the resolution was laid on the table.

On motion of Mr. Poindexter, the committee on private land claims, were instructed to enquire into the expediency of authorizing the Register of the land office and receiver of public monies, west of Pearl river, to receive additional evidence of the claims of the representatives of Alexander Montgomery, to a tract of land under the Spanish government.

On motion of Mr. Floyd, it was

Resolved, That the committee on the public lands be instructed to enquire into the expediency of granting to each state a tract of land, not exceeding 100,000 acres for the endowment of an University in each state.

On motion of Mr. Pleasants, it was

Resolved, That the President of the United States be requested to cause to be laid before the House of Representatives the proceedings which have been had under the act, entitled "An act for the gradual increase of the navy of the United States." specifying the number of ships which have been put on the stocks, and of what classes, and the quantity and kind of materials which have been procured in compliance with the provisions of said act; and also the sums of money which have been paid out of the fund created by said act, and for what objects; and likewise the contracts which have been entered into in execution of the said act, on which moneys may not yet have been advanced.

On motion of Mr. Storrs, the House ordered to be printed 2500 copies, additional, of the message of the President and the accompanying documents, relating to the Seminole war.

The House then resolved itself into a committee of the whole, Mr. Pitkin in the chair, on the bill making a partial appropriation for the military establishment, &c. which was reported to the House without amendment, and ordered to be engrossed for a third reading.

The Speaker laid before the House a letter from Mr. Gardiner, a clerk in the land office, proposing to furnish, for the use of the soldiers, copies of maps of the military bounty lands on such terms as Congress shall deem reasonable; which was read and referred.

The house then resolved itself into a committee of the whole, Mr. Nelson in the chair, on the report of the committee of Claims on the petition of John Hale.

The petitioner in this case states that, in the month of December, 1814, the enemy entered the town of Tappahannock, and, in consequence of his house being used and occupied as a custom house, in which the public records were kept, set fire to and destroyed the same, with its contents. The petitioner further states, that, although the house was his own property, it was evident the enemy destroyed it in consequence of its being used as a public office, and he therefore prays Congress to grant him remuneration. The committee report, as their opinion, that the petitioner cannot, under the law of April, 1816, or under any other law with which they are acquainted, be entitled to relief.

The report was opposed by Mr. Garrett, on the ground that this property being in the occupation of the government, stood on the same footing as property occupied in the military service of the United States, and for that reason destroyed. This position he sustained at some length.

Mr. Williams of N. C. defended the report, contending that, as the property was placed in the situation in which it stood by the act of the individual, (who received from the government a good salary for his services,) and not at the requisition of the government, he had no manner of claim on the government for relief.

The report was agreed to by the committee, and, being reported to the house, was there concurred in. So the prayer of the petitioner was rejected.

FOREIGN MERCHANT SEAMEN.

The house then resolved itself into a committee of the whole, Mr. Nelson in the chair, on the bill to authorize the apprehension of foreign seamen deserting from merchant vessels in the ports of the United States.

A debate arose on this bill, which occupied about an hour, in the course of which Messrs. Smith of Md. Newton, Clay and Whitman addressed the house.

The debate resulted in a virtual postponement of the question, by the committee's rising, reporting progress, and obtaining leave to sit again: when the house adjourned.

TUESDAY. DEC. 8.

Mr. Smith of Md. from the committee of Ways and Means, reported a bill to reduce the duties on certain wines, and to declare free of duty books printed in foreign languages; which was twice read and committed.

The Speaker laid before the house a report from the secretary of war, of "a system providing for the abolition of the existing Indian trading establishments of the United States, and providing for the opening of the trade with the Indians, to individuals, under suitable regulations." made in obedience to a resolution of this house of the 4th of April last: which was referred to the committee on Indian affairs.

The Speaker also laid before the house a letter from the secretary of the treasury, containing a plan for the final adjustment of claims to land in the state of Louisiana, and territory of Missouri, accompanied by the draft of a bill providing for that purpose, prepared in obedience to a resolution of this house of the 16th of April last; which was read and committed to a committee of the whole.

To the same committee of the whole were also referred two bills relating to this subject, reported at the last session.

Mr. Holmes, chairman of the committee on foreign relations, rose to submit to the house a difficulty which embarrassed the proceedings of the committee of which he was chairman. In the investigation of some of the subjects referred to that committee, it found those subjects so intimately connected with some confided to another committee, that it was difficult to proceed, without infringing on matters not referred to its consideration. He alluded to the subject of the Seminole war. That war involved our relations with a foreign power, which were committed to the committee of foreign relations, but an important incident in that war, the execution of Arbuthnot & Ambrister, was confided to the military committee; and in proceeding on one subject, they could not well avoid the other. The committee of foreign relations did not, therefore, know well how to proceed, unless they had the whole matter before them: and in offering the following motion, it was not done without an understanding to that effect with the committee on military affairs.

Mr. H. then submitted the following:

Resolved, That the committee on Military Affairs be discharged from the further consideration of so much of the President's Message as relates to the trial and execution of Arbuthnot and Ambrister, and the conduct of the war with the Seminole Indians; and that the same be referred to the committee of Foreign Relations.

With instructions to enquire whether in said trials the constitution and law of the United States, or the law of nations, have been violated.

Mr. Johnson of Ky. said he had not been apprised, till this morning, of the difficulty which existed on this subject. He cheerfully acquiesced in the motion and it had been the intention of the committee on military affairs to ask to be discharged from the subject referred to in the resolution. The military committee would still have abundant business to occupy them, in the military affairs of the country.

Mr. T. M. Nelson objected to this course, as he thought the examination of the Seminole war, and particularly of the execution of Arbuthnot and Ambrister, belonged properly and exclusively to the military committee: and he was, therefore, averse to taking the subject from their hands.

Mr. Poindexter moved to amend the resolution, by changing the word "execution," for the word "trial," as it was the word in the original reference of the subject to the military committee.

Mr. Harrison suggested whether it would not be better to retain both words.

Mr. Poindexter stated, that his object was only to preserve consistency in the proceeding, by retaining in this resolution the words used by the President in his message on the subject, and in the original reference of it. The President had said nothing about the execution of these men, and of course the resolution proposed to refer to a committee a subject of the President's message, which was not mentioned in the message, &c.

The amendment was agreed to—ayes 66, noes 44.

Mr. Harrison then moved to add the word "execution," that the reference might embrace both the trial and execution.

Mr. Hopkinson thought this would be improper: for although he was nearly indifferent about the question, it was certainly improper to refer to a committee, as a part of the President's message, what the message did not contain, and the message was entirely silent about the execution of the individuals named.

The amendment proposed by Mr. Harrison, was agreed to.

Mr. W. P. Maclay suggested whether the object of the resolution might not be got at better by simply referring those documents to the committee on foreign relations, so far as they were connected with foreign affairs. The trial of those men seemed to him a subject peculiarly proper for the investigation of the military committee, and ought not to be withdrawn from it, &c.

Mr. Barbour, as a member of the committee of foreign relations, stated what had been done in the committee, in relation to this subject. They had found that, in investigating our relations with one of the powers of Europe, the Seminole war necessarily constituted an important link in the enquiry, but that this subject was referred to another committee. It was then proper to ascertain the sense of the house how they should proceed. The committee wished neither to infringe on the duties of any other committee, nor to shrink from their own. As to what had been said on the amendment, he observed, incidentally, that if the committee went into an investigation of the trial, it would be proper to pursue it to the fruits of that trial. As to the question of reference, he should be satisfied in whatever way it was decided, &c.

Mr. Johnson, of Kentucky, had readily consented to this transfer of the subject, because he thought the military question was not so important as the political question. The military inquiry could result in nothing but a report of facts, not in any specific recommendation. The President had the power to act when an officer errs, even to striking him off the roll of the army. He asked if circumstances, seeing that the President had refrained from any exercise of his power in this case, had not shewn that the conduct of the officer was thus far sustained by the Executive? If so, the committee could not interfere between the m. The political enquiry was of a different character. That was to ascertain how far the nation has acted with justice and in good faith towards a foreign power; and in what or where it had failed in its duties to that power. If, however, the House thought proper to refer the military question, or any other, to the military committee, he would promise for them that they would discharge their duty faithfully.

Mr. Harrison supported the view taken by Mr. Maclay. It would certainly be highly improper to take from the military committee this subject altogether—a subject which was so strictly military, one already referred to it, and one which greatly agitated this House. It would, he admitted, be proper to let so much of it as belonged to foreign affairs be referred to the committee, and leave the remainder where it was.

Mr. Cobb thought all this proceeding premature, because the documents had not been read in the House, and were not yet laid before it, since ordered to be printed. Relying, however, on the correctness of the copies which had appeared in the newspapers, he thought it a proper subject of enquiry for the committee of foreign relations how those individuals, subjects of a foreign nation, of Great Britain, came to be condemned to death by an American officer. In looking into this subject there would be found some very interesting questions, intimately connected with our foreign relations. He found, for one, that these trials established an entirely new principle in the law of nations. He found it announced by the commanding general, on that occasion, as "an established principle of the laws "of nations, that any individual of a na- "tion making war against the citizens of "any other nation, they being at peace, "forfeits his allegiance, and becomes an "outlaw and a pirate."

This, Mr. C. said, was a new principle to him, though it might be found in some work on public law, from which he had not learned what the law of nations was. He then moved to amend the resolution by adding the following:

"With instructions to enquire whether in "said trials the constitution and law of the "United States, or the law of nations, have "been violated."

This motion was agreed to.

Mr. Cobb then, with the view of obviating the objections to the resolution, and accommodate it to the general wish, moved some further amendments: but Mr. Barbour conceiving the subject one in which it was important to decide rightly, thought it had better lie on the table one day, and moved that disposition of it.

After some conversation on the postponement, in which Mr. Holmes opposed it, the motion prevailed, and the resolution was laid on the table.

The resolution from the Senate for the appointment of a joint committee to enquire into some mode of producing accuracy, neatness and despatch in the public printing, was read twice, and after being amended, on the motion of Mr. Harrison, by inserting therein before the word "accuracy" the word "economy," it was read the third time, passed and sent to the Senate for concurrence in the amendment.

The house then, on motion of Mr. Harrison, resolved itself into a committee of the whole, Mr. Wilkin in the chair, on the bill concerning invalids, [conferring on the Secretary of War, the power of placing invalids of the revolution on the pension roll, in the same manner that he is now authorised to place on the pension list invalids of subsequent wars.]

The bill was explained by Mr. Johnson of Kentucky, on whose motion it received some amendments, rendered necessary by acts passed since the bill was framed at the last session, and was afterwards reported to the House, by whom the amendments were concurred in, and the bill ordered to be engrossed for a third reading.

The bill for the relief of William B. Lewis, passed through a committee of the whole, Mr. Desha in the chair, and was ordered to be engrossed for a third reading; and, the House adjourned.
Mr. Holmes, chairman of the committee on foreign relations, rose to submit to the house a difficulty which embarrassed the proceedings of the committee of which he was chairman. In the investigation of some of the subjects referred to that committee, it found those subjects so intimately connected with some confided to another committee, that it was difficult to proceed, without infringing on matters not referred to its consideration. He alluded to the subject of the Seminole war. That war involved our relations with a foreign power, which were committed to the committee of foreign relations, but an important incident in that war, the execution of Arbuthnot & Ambrister, was confided to the military committee; and in proceeding on one subject, they could not well avoid the other. The committee of foreign relations did not, therefore, know well how to proceed, unless they had the whole matter before them: and in offering the following motion, it was not done without an understanding to that effect with the committee on military affairs.

Mr. H. then submitted the following:

Resolved, That the committee on Military Affairs be discharged from the further consideration of so much of the President's Message as relates to the trial and execution of Arbuthnot and Ambrister, and the conduct of the war with the Seminole Indians; and that the same be referred to the committee of Foreign Relations.

With instructions to enquire whether in said trials the constitution and law of the United States, or the law of nations, have been violated.

Mr. Johnson of Ky. said he had not been apprised, till this morning, of the difficulty which existed on this subject. He cheerfully acquiesced in the motion and it had been the intention of the committee on military affairs to ask to be discharged from the subject referred to in the resolution. The military committee would still have abundant business to occupy them, in the military affairs of the country.

Mr. T. M. Nelson objected to this course, as he thought the examination of the Seminole war, and particularly of the execution of Arbuthnot and Ambrister, belonged properly and exclusively to the military committee: and he was, therefore, averse to taking the subject from their hands.

Mr. Poindexter moved to amend the resolution, by changing the word "execution," for the word "trial," as it was the word in the original reference of the subject to the military committee.

Mr. Harrison suggested whether it would not be better to retain both words.

Mr. Poindexter stated, that his object was only to preserve consistency in the proceeding, by retaining in this resolution the words used by the President in his message on the subject, and in the original reference of it. The President had said nothing about the execution of these men, and of course the resolution proposed to refer to a committee a subject of the President's message, which was not mentioned in the message, &c.

The amendment was agreed to—ayes 66, noes 44.

Mr. Harrison then moved to add the word "execution," that the reference might embrace both the trial and execution.

Mr. Hopkinson thought this would be improper: for although he was nearly indifferent about the question, it was certainly improper to refer to a committee, as a part of the President's message, what the message did not contain, and the message was entirely silent about the execution of the individuals named.

The amendment proposed by Mr. Harrison, was agreed to.

Mr. W. P. Maclay suggested whether the object of the resolution might not be got at better by simply referring those documents to the committee on foreign relations, so far as they were connected with foreign affairs. The trial of those men seemed to him a subject peculiarly proper for the investigation of the military committee, and ought not to be withdrawn from it, &c.

Mr. Barbour, as a member of the committee of foreign relations, stated what had been done in the committee, in relation to this subject. They had found that, in investigating our relations with one of the powers of Europe, the Seminole war necessarily constituted an important link in the enquiry, but that this subject was referred to another committee. It was then proper to ascertain the sense of the house how they should proceed. The committee wished neither to infringe on the duties of any other committee, nor to shrink from their own. As to what had been said on the amendment, he observed, incidentally, that if the committee went into an investigation of the trial, it would be proper to pursue it to the fruits of that trial. As to the question of reference, he should be satisfied in whatever way it was decided, &c.

Mr. Johnson, of Kentucky, had readily consented to this transfer of the subject, because he thought the military question was not so important as the political question. The military inquiry could result in nothing but a report of facts, not in any specific recommendation. The President had the power to act when an officer errs, even to striking him off the roll of the army. He asked if circumstances, seeing that the President had refrained from any exercise of his power in this case, had not shewn that the conduct of the officer was thus far sustained by the Executive? If so, the committee could not interfere between the m. The political enquiry was of a different character. That was to ascertain how far the nation has acted with justice and in good faith towards a foreign power; and in what or where it had failed in its duties to that power. If, however, the House thought proper to refer the military question, or any other, to the military committee, he would promise for them that they would discharge their duty faithfully.

Mr. Harrison supported the view taken by Mr. Maclay. It would certainly be highly improper to take from the military committee this subject altogether—a subject which was so strictly military, one already referred to it, and one which greatly agitated this House. It would, he admitted, be proper to let so much of it as belonged to foreign affairs be referred to the committee, and leave the remainder where it was.

Mr. Cobb thought all this proceeding premature, because the documents had not been read in the House, and were not yet laid before it, since ordered to be printed. Relying, however, on the correctness of the copies which had appeared in the newspapers, he thought it a proper subject of enquiry for the committee of foreign relations how those individuals, subjects of a foreign nation, of Great Britain, came to be condemned to death by an American officer. In looking into this subject there would be found some very interesting questions, intimately connected with our foreign relations. He found, for one, that these trials established an entirely new principle in the law of nations. He found it announced by the commanding general, on that occasion, as "an established principle of the laws "of nations, that any individual of a na- "tion making war against the citizens of "any other nation, they being at peace, "forfeits his allegiance, and becomes an "outlaw and a pirate."

This, Mr. C. said, was a new principle to him, though it might be found in some work on public law, from which he had not learned what the law of nations was. He then moved to amend the resolution by adding the following:

"With instructions to enquire whether in "said trials the constitution and law of the "United States, or the law of nations, have "been violated."

This motion was agreed to.

Mr. Cobb then, with the view of obviating the objections to the resolution, and accommodate it to the general wish, moved some further amendments: but Mr. Barbour conceiving the subject one in which it was important to decide rightly, thought it had better lie on the table one day, and moved that disposition of it.

After some conversation on the postponement, in which Mr. Holmes opposed it, the motion prevailed, and the resolution was laid on the table.