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Mr. TIFFIN, from the committee, reported the bill further to amend the Judicial system of the United States correctly engrossed; and the bill was read the third time, and passed.

Mr. REED, from the committee to whom was referred, on the 5th instant, the memorial of Lem uel Taylor and others, praying an alteration in the route of the mail from Washington to Chestertown, reported a bill to change the post route from Annapolis to Rockhall, by Baltimore to Rockhall; and the bill was read, and passed to the second reading.

On motion, by Mr. GILES,

Resolved, That the committee appointed on so much of the President's Message as relates to the embargo laws, be instructed to inquire whether it be expedient to suspend the payment of certain revenue bonds given subsequent to the date of the act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes;" and that the committee have leave to report by bill, or otherwise. Mr. GILES, from the committee last mentioned. reported a bill supplemental to an act, entiled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes;" which was read, and passed to the second reading.

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Mr. GREGG presented sundry petitions from officers in the Pennsylvania line, on the same subject; and the memorials were read.

Ordered, That they, together with one presented on the 8th instant, on the same subject, be referred to Messrs. GREGG, MITCHILL, and BRADLEY, to consider and report thereon.

Mr. THRUSTON presented the petition of Thomas Pearson, an officer in the Revolutionary war, representing that, from a want of knowledge of the necessary proceedings, and his remote situation, he was not placed on the pension list till the year 1803, although entitled under the first act of Congress on the subject, and praying relief; and the petition was read, and referred to the Secretary of War War, to consider and report thereon. The bill supplemental to an act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes," was read the second time, as in Committee of the Whole, and the PRESIDENT reported it to the House without amendment. On the question, Shall this bill be engrossed and read the third time? it was determined in the affirmative.

The bill

to change the post route from Annapolis to Rockhall, by Baltimore to Rockhall, was read the second time as in Committee of the Whole; and the President having reported the bill to the House amended; on the question, Shall

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this bill be engrossed and read a third time as amended? it was determined in the affirmative.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the President to employ an additional number of revenue cutters," in which they request the concurrence of the Senate.

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

The bill making further provision for enforcing the embargo was read the second time; and, on motion, it was ordered to be considered as in Committee of the Whole to-morrow.

The Senate resumed the third reading of the bill to reward Andrew Joseph Villard for an invention of public utility; and having amended the title,

Resolved, That the bill pass, and the title thereof be "An act for the relief of Andrew Joseph Villard."

Mr. BRADLEY gave notice that he should, on Thursday next, ask leave to bring in a bill supplementary to the act, entitled "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction."

ENFORCEMENT OF THE EMBARGO LAWS.

Mr. GILES, from the committee appointed the 11th of November last, on that part of the Message of the President of the United States which relates to the embargo laws, and the measures necessary to enforce due observance thereof, made a further report, in part, of a bill to authorize and require the President of the United States to arm, man, and fit out for immediate service, all the public ships of war, vessels, and gunboats of the United States; and the bill was read, and passed to the second reading.

The bill is as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President be, and he is hereby, authorized and required, to cause to be fitted out, officered, manned, and employed, as soon as may be, all the frigates and other armed vessels of the United States, including gunboats; and to cause the frigates and armed vessels, so soon as they can be prepared for ac

tual service, respectively, to be stationed at such ports and places on the seacoast as he may deem most expedient, or to cruise on any part of the coast of the

United States, or Territories thereof.

"SEC. 2. And be it further enacted, That, for the purpose of carrying the foregoing provision into immediate effect, the President of the United States be, and is hereby, authorized and required, in addition to the number of petty officers, able seamen, ordinary seapoint, and cause men, and boys, at present authorized by law, to apas may be, midshipmen, - corporals of marines able seamen, - ordinary seamen and boys, which shall be engaged to serve for period not exceeding - - years, but the President may discharge the same sooner, if in his judgment their services may be dispensed with; and to satisfy the necessary expenditures to be incurred therein, a sum not exceed

to be engaged and employed as soon

a

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property. How far it may be practicable to make the act of preparing the means of exportation punishable, or to provide some other remedy, is submitted to the committee.

But it must also be observed, that every degree of opposition to the laws which falls short of treason, is now, with but few exceptions, an offence undefined and unprovided for by the laws of the United States; whence it follows, that such offences remain unpunished, when the State authorities do not interfere. The necessity of defining those offences by law as misdemeanors, and of providing an adequate punishment, appears obvious. I will beg leave here to add, that it does not appear necessary to continue any longer the indulgence granted to the British merchants to import, for the use of the Indians, articles of which the importation is generally prohibited by law; as that privilege is liable to great abuse, and affords just ground of dissatisfaction to American citizens. Whether it be advisable to continue the permission given to those Indian traders to export furs and peltries, is a question to be decided by political considerations.

The last branch of the subject to which I wish, at present, to call the attention of the committee, relates to interruptions and certain injurious proceedings attempted under color of law:

1. Vexatious suits are brought against collectors, which not only perplex faithful officers, but have the effect of intimidating others, and prevent an energetic performance of their duties. The only provisions which have occurred to me on that subject, are, to enable the collectors who may be sued, always to remove the cause before a court of the United States; to make a certificate, issued by the proper authority, that there was reasonable cause of detention; protect them against damages in cases of detentions, in the same manner as is now provided in case of seizures; and to provide for the safe-keeping, and restoring, when proper, and on security being given, the vessels and property which may be detained.

2. Attempts have in several instances been made to

DECEMBER, 1808.

forfeiture to an inconsiderable sum, thereby defeating altogether the law. It is suggested that this might be prevented by a provision authorizing and directing the district judges to set aside, on motion of the district attorney, such valuations, whenever, in their opinion, falling short of the true value.

On the subject of mandamus, I will only observe, that, in the only instance which has taken place, the court, supposing they had jurisdiction, could not, from the manner in which the question was brought before them, have decided otherwise than they did; but that it is desirable that the question of jurisdiction, as it relates either to the courts in whom the power ought to be vested, or to the cases to which it should extend, should be precisely defined by law.

I have not, in this communication, taken into con sideration the technical defects of the existing embargo laws, because prosecutions do not fall within my immediate cognizance, and I do not feel competent to the task of pointing out the necessary alterations. Measures have however been taken to procure on that subject, and from the proper sources, information which will hereafter be laid before the committee.

To the remaining inquiry of the committee, whether the inconveniences of the present system may not in some degree be removed, I can only answer, generally, that a law which lays such extensive restrictions as the embargo, cannot be carried into effect without imposing serious inconveniences, even on the domestic intercourse of the United States; and that these must neces

sarily be increased in proportion to the opposition and efforts to evade or violate the law. It has already been stated, that provisions, which will render the bond given by coasting vessels a complete security against violations by them, will diminish the necessity and extent of more arbitrary restrictions. An authority to permit, on proper security being given, such vessels, when they arrive in port, to keep their cargoes on board, would afford some relief. And I think that the credit on duties accruing on the importation of certain articles which was allowed by the act of the 10th March last, should be extended to all importations of the same articles,

wrest from the collectors by writs of replevin, issued by made after the passing of the act; those made in ves

State courts or officers, property detained or scized by said collectors, or which in any other manner is in their possession, in conformity with some law of the United States. It is evident that such attempts, if submitted to, would defeat, not only the embargo, but also the revenue laws of the United States; that, whenever property is, by virtue of a law of the United States, in

possession of a collector, marshal, or any other of their officers, no process, in rem, which will take the prop

sels which sailed under special permission only excepted. With respect to this last class of importations, as they were permitted by special indulgence, and as it is understood that it has been impossible in many cases to prevent its being abused, and as in almost all, the parties having a species of exclusive privilege, have made sufficiently profitable voyages, the propriety, particularly in the existing situation of the revenue, of allowing them also the adyantage of an extended credit on duties,

is not perceived.

I have the honor to be, with great respect, sir, your ALBERT GALLATIN. obedient servant, Hon. W. B. GILES, Chairman, &c. Ordered, That the report be printed for the use

erty away, whether of replevin, attachment, or any other,
can be legally issued by a State authority; and that
the sheriff or other person executing the same must be
considered as a mere trespasser, and be resisted accord-
ingly. But there is no other way at present to resist
such illegal process but actual force. And it appears
necessary that another remedy should be afforded, by of the Senate.
providing a summary mode of superseding any such
process through the interference of the courts and judges
of the United States, and by making it penal for any
sheriff or other person to execute the same, or in any
manner to attempt to take property, which, by virtue
of any law of the United States, is in the collector's
possession.

3. In some instances where vessels and cargoes libelled for infractions of the embargo have been restored to the owners on their giving security for the appraised value, the valuations have been so low as to reduce the

FRIDAY, December 9.

Mr. BRADLEY, from the committee to whom was referred the Message of the President of the United States, of the 1st instant, with the communication respecting the public buildings, reported a bill making a further appropriation towards completing the two wings of the Capitol at the City of Washington, and for other purposes; and the bill was read twice.

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Mr. TIFFIN, from the committee, reported the bill further to amend the Judicial system of the United States correctly engrossed; and the bill was read the third time, and passed.

Mr. REED, from the committee to whom was referred, on the 5th instant, the memorial of Lem uel Taylor and others, praying an alteration in the route of the mail from Washington to Chestertown, reported a bill to change the post route from Annapolis to Rockhall, by Baltimore to Rockhall; and the bill was read, and passed to the second reading.

On motion, by Mr. GILES,

Resolved, That the committee appointed on so much of the President's Message as relates to the embargo laws, be instructed to inquire whether it be expedient to suspend the payment of certain revenue bonds given subsequent to the date of the act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes;" and that the committee have leave to report by bill, or otherwise. Mr. GILES, from the committee last mentioned. reported a bill supplemental to an act, entiled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes;" which was read, and passed to the second reading.

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Mr. GREGG presented sundry petitions from officers in the Pennsylvania line, on the same subject; and the memorials were read.

Ordered, That they, together with one presented on the 8th instant, on the same subject, be referred to Messrs. GREGG, MITCHILL, and BRADLEY, to consider and report thereon.

Mr. THRUSTON presented the petition of Thomas Pearson, an officer in the Revolutionary war, representing that, from a want of knowledge of the necessary proceedings, and his remote situation, he was not placed on the pension list till the year 1803, although entitled under the first act of Congress on the subject, and praying relief; and the petition was read, and referred to the Secretary of War, to consider and report thereon.

was

The bill supplemental to an act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes," read the second time, as in Committee of the Whole, and the PRESIDENT reported it to the House without amendment. On the question, Shall this bill be engrossed and read the third time? it was determined in the affirmative.

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this bill be engrossed and read a third time as amended? it was determined in the affirmative.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the President to employ an additional number of revenue cutters," in which they request the concurrence of the Senate.

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

The bill making further provision for enforcing the embargo was read the second time; and, on motion, it was ordered to be considered as in Committee of the Whole to-morrow.

The Senate resumed the third reading of the bill to reward Andrew Joseph Villard for an invention of public utility; and having amended the title,

Resolved, That the bill pass, and the title thereof be "An act for the relief of Andrew Joseph Villard."

Mr. BRADLEY gave notice that he should, on Thursday next, ask leave to bring in a bill supplementary to the act, entitled "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction."

ENFORCEMENT OF THE EMBARGO LAWS.

Mr. GILES, from the committee appointed the 11th of November last, on that part of the Message of the President of the United States which relates to the embargo laws, and the measures necessary to enforce due observance thereof, made a further report, in part, of a bill to authorize and require the President of the United States to arm, man, and fit out for immediate service, all the public ships of war, vessels, and gunboats of the United States; and the bill was read, and passed to the second reading.

The bill is as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President be, and he is hereby, authorized and required, to cause to be fitted out, officered, manned, and employed, as soon as may be, all the frigates and other armed vessels of the United States, including gunboats; and to cause the frigates and armed vessels, so soon as they can be prepared for actual service, respectively, to be stationed at such ports and places on the seacoast as he may deem most expedient, or to cruise on any part of the coast of the United States, or Territories thereof.

"SEC. 2. And be it further enacted, That, for the purpose of carrying the foregoing provision into immediate effect, the President of the United States be, and is hereby, authorized and required, in addition to the number of petty officers, able seamen, ordinary seamen, and boys, at present authorized by law, to appoint, and cause to be engaged and employed as soon as may be, midshipmen, - corporals of marines

able seamen, ordinary seamen and boys, The bill to change the post route from Anna- which shall be engaged to serve for a period not expolis to Rockhall, by Baltimore to Rockhall, was ceeding years, but the President may discharge read the second time as in Committee of the the same sooner, if in his judgment their services may Whole; and the President having reported the be dispensed with; and to satisfy the necessary exbill to the House amended; on the question, Shall penditures to be incurred therein, a sum not exceed

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Proceedings.

DECEMBER, 1808.

ing- dollars be, and the same is hereby, appropri- ed the bill to change the post route from Anna

ated, and shall be paid out of any moneys in the Trea sury not otherwise appropriated."

TUESDAY, December 13.

The Senate resumed the consideration of the motion made yesterday respecting the expense of the public buildings. The motion was amended and agreed to, as follows:

Resolved, That a committee be appointed to ascertain and report to the Senate the amount which has been already expended by the United States on the public buildings in the City of Washington; and also to ascertain, as near as may be, the amount which would be required to complete and finish the President's house and square, and the two wings of the Capitol.

Ordered, That Messrs. BRADLEY, LLOYD, and SMITH of Maryland, be the committee.

The bill, entitled "An act authorizing the President to employ an additional number of revenue cutters," was read the second time, and referred to Messrs. MITCHILL, SMITH of Maryland, and CRAWFORD, to consider and report thereon.

The bill to authorize and require the President

polis to Rockhall, by Baltimore to Rockhall, correctly engrossed; it was read the third time, and passed.

Mr. TIFFIN, from the committee, having reported the bill supplemental to an act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes," correctly engrossed; it was read the third time, and passed.

WEDNESDAY, December 14.

Mr. GREGG presented the memorial of the officers of the marine corps, praying that "that corps may be so organized as to place the officers upon a footing, as to military promotion, with their brother officers in the army," for reasons mentioned in the memorial; which was read, and referred to Messrs. GREGG, SMITH of Maryland, and SUMTER, to consider and report thereon.

Mr. TIFFIN, from the committee, reported the bill to authorize and require the President of the United States to arm, man, and fit out for immediate service, all the public ships of war, vessels, and gunboats, of the United States, correctly engrossed; the bill was read the third time, and the

consideration thereof further postponed.

THURSDAY, December 15.

of the United States to arm, man, and fit out for
immediate service, all the public ships of war,
vessels, and gunboats, of the United States, was
read the second time, as in Committee of the
Whole; and the PRESIDENT having reported the
bill to the House amended; on the question, Shall
this bill be engrossed and read a third time as
amended? it was determined in the affirmative.
The Senate resumed, as in Committee of the
Whole, the second reading of the bill making
further provision for enforcing the embargo; and,
an amendment having been proposed by Mr.
BRADLEY, it was agreed that the bill, together
with the amendment, be recommitted to the ori-termined in the affirmative.
ginal committee, further to consider and report
thereon.

The Senate resumed, as in Committee of the Whole, the second reading of the bill making a further appropriation towards completing the two wings of the Capitol at the City of Washington, and for other purposes.

Ordered, That the consideration of the bill be
further postponed.
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 both Houses of Congress a report
of the Commissioners appointed under the act of March
25, 1806, concerning a road from Cumberland to Ohio,
being a statement of the proceedings under the said
act since their last report communicated to Congress,
in order that Congress may be enabled to adopt such
further measures as may be proper under existing cir-

cumstances.

DECEMBER 13, 1808.

TH. JEFFERSON.

The Message and report were read, and ordered to lie for consideration.

Mr. TIFFIN, from the committee, having report

Mr. GILES, from the committee to whom was recommitted the bill making further provision for enforcing the embargo, reported amendments, which were amended and agreed to; and the PRESIDENT reported the bill to the House amended; and, on motion by Mr. CRAWFORD, it was agreed to amend the 6th and 10th sections of the bill. On the question, Shall this bill be engrossed, and read the third time as amended? it was de

On motion, by Mr. GILES,

Ordered, That the bill to authorize and require the President of the United States to arm, man, and fit out for immediate service, all the public ships of war, vessels, and gunboats, of the United States, be recommitted to the original committee, further to consider and report thereon.

FRIDAY, December 16.

Mr. GILES, from the committee to whom was recommitted the bill to authorize and require the President of the United States to arm, man, and fit out for immediate service, all the public ships of war, vessels, and gunboats. of the United States, reported amendments; and the amendments were considered as in Committee of the Whole, and agreed to; and the PRESIDENT having reported the bill to the House amended, on the question, Shall this bill be engrossed, and read a third time as amended? it was determined in the affirmative.

Mr. TIFFIN, from the committee, reported the bill correctly engrossed, and it was read the third time.

The PRESIDENT laid before the Senate the re

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port of the Secretary of the Treasury, in obedience to the act, entitled "An act to establish the Treasury Department;" and the report was read, and ordered to lie for consideration.

Mr. TIFFIN, from the committee, reported the bill making further provision for enforcing the embargo, correctly engrossed; and the bill was read the third time. On motion, by Mr. GoopRICH, to postpone the further consideration thereof until to-morrow; the yeas and nays having been required by one fifth of the Senators present, those who voted in the affirmative, are

Messrs. Condit, Crawford, Franklin, Gilman, Goodrich, Hillhouse, Howland, Lloyd, Maclay, Parker, Pickering, Smith of New York, Sumter, and Thruston. Those who voted in the negative, are

Messrs. Bradley, Gaillard, Giles, Gregg, Kitchel,

Milledge, Mitchill, Moore, Pope, Robinson, Smith of
Maryland, Smith of Tennesse, Tiffin, and Turner.

The Senate being equally divided, the PRESI-
DENT determined the question in the affirmative.

SATURDAY, December 17.

The credentials of MICHAEL LEIB, appointed a Senator by the State of Pennsylvania, were presented and read, and ordered to lie on file.

The Senate resumed the third reading of the bill to authorize and require the President of the United States to arm, man, and fit out for immediate service, all the public ships of war, vessels, and gunboats, of the United States; and the blanks having been filled, and the title amended,

Resolved, That this bill pass, and that the title thereof be "An act to provide for arming, and fitting out for immediate service, all the public ships of war, vessels, and gunboats, of the United

States."

ENFORCEMENT OF THE EMBARGO.

The Senate resumed the bill making further provision for enforcing the embargo.

Mr. GOODRICH rose, and addressed the Senate as follows

Mr. President: This bill, making further provision for enforcing the embargo, requires all our attention. We are not on ordinary business. An embargo for an indefinite period, over a great country like ours, abounding in rich staples and domestic products, and carrying on in its own vessels an extensive and profitable commerce, is a phenomenon in the civilized world. We are about entering on the second year of this novel measure, and even in defiance of the lessons

which experience teaches, that without producing any beneficial results, it is embroiling the choicest interests of the nation. On foreign Powers it has made no impression, and its ruinous effect on our own country, we see in the waste of private property and public revenue; in the discontents of our citizens; in the perplexed state of the public councils, and the increasing difficulties that are fast gathering round the Government. The friends of the embargo say, that it has been evaded and violated, but that

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when strictly enforced, it will compel foreign nations to respect our rights. Under these impressions, the system is to be maintained. To enforce it, the powers of the Government are to be put in array throughout our country, especially in places where discontents are manifested; and an extension is to be given to that system of arbitrary seizures of vessels, goods, merchandise, and domestic products, on suspicion of their being intended for exportation, which came in with the embargo laws, and has attended their execution.

In all this, sir, I see nothing that is to conciliate the conflicting opinions and passions of our citizens, and restore concord amongst them. I see nothing that will invigorate the public councils, and resuscitate the dormant spirit and resources of the nation. To me it seems that the

Administration, without presenting to public view any definite object or course, are pressing forward our affairs into a chaos of inextricable difficul

ties. And I cannot but regard this bill as holding a prominent place among the measures leading on that unfortunate issue.

This bill bears marks of distrust entertained by the Government of the people, or a considerble portion of them, and of the State authorities; it places the coasting trade under further and vexatious restraints, as well as its general regulations under the control of the President. It intrenches on the municipal polity of the States, and the intercourse of the people in their ordi nary business. And, what above all will wound the public sentiment, for the accustomed and mild means of executing the laws by civil process through the tribunals of justice, it substitutes military powers to be called out and exercised, not in aid, but in place, of the civil authorities.

To show that this is a correct delineation of the character, principles, and provisions of the bill, I ask, sir, your attention to an elucidation of its most important sections.

Not having had time critically to examine the first two, which have lately been introduced by way of amendment, I pass them without remark; leaving it for gentlemen who may follow, to point out their extravagant and oppressive principles.

This bill, as I before observed to you, sir, subjects the coasting trade to further and vexatious restraints, and places it under the control of the President.

It is enacted (section 2:)

"It shall not be lawful to put on board any ship,

vessel, or boat, of any description whatever, any specie

or goods, wares or merchandise, either of domestic or foreign growth, produce, or manufacture, and the same is hereby prohibited, unless a permit particularly stating the articles thus to be laden shall have been previously obtained from the collector of the district in which such ship, vessel, or boat may then be, or from a revenue officer especially authorized by the collector to grant such permits; nor unless the lading shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee, or factor of such ship, vessel, or boat shall, with the mas

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