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DECEMBER, 1822.

rests.

Standing Committees.

It has been often charged against free Governments, that they have neither the foresight nor the virtue to provide, at the proper season, for great emergencies; that their course is improvident and expensive; that war will always find them unprepared, and whatever may be its calamities, that its terrible warnings will be disregarded and forgotten as soon as peace returns. I have full confidence that this charge, so far as relates to the United States, will be shown to be utterly destitute of truth.

WASHINGTON, Dec. 3, 1822.

JAMES MONROE.

The Message and accompanying documents were read, and three thousand copies thereof ordered to be printed for the use of the Senate.

Mr. VAN BUREN presented the memorial of Ebenezer Stevens and others, praying that Congress would afford them relief on account of a demand against the United States, arising out of certain contracts entered into with Robert Morris, Esq., for the supply of provisions to the Army of the United States during the Revolutionary war; the memorial was read, and laid on the table.

WEDNESDAY, December 4.

NICHOLAS WARE, from the State of Georgia, attended.

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SENATE.

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Mr. McILVAINE, having received a majority of the whole number of votes, was accordingly elected.

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

In compliance with the resolution of the Senate, of
the 8th of May last, requesting "information relative
to the Copper Mines on the southern shore of Lake
Superior; their number, value, and position; the
names of the Indian tribes who claim them; the prac-
ticability of extinguishing their titles; and the proba-
ble advantages which may result to the Republic from
the acquisition, and working these mines;" I herewith
transmit a report from the Secretary of War, which
comprises the information desired in the resolution re-
ferred to.
JAMES MONROE.

WASHINGTON, December 7, 1822. The Message and accompanying report were read.

Mr. BARBOUR presented the petition of a number of merchants, and others, of the city of Richmond, in Virginia, praying Congress to cause to be erected, within that collection district, a hospital for the relief of sick and disabled seamen ; the peThe several orders respecting Chaplains, mes-tition was read; and referred to the Committee sengers, newspapers, &c., proposed yesterday, were concurred in.

Mr. NOBLE proposed a resolution to proceed, on Friday next, to the election of a Chaplain, which proposition lies on the table until to-morrow.

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on Commerce and Manufactures.

Mr. VAN BUREN presented the petition of James Byers, of the city and State of New York, who was a contractor for supplying rations to the troops of the United States, within the States of Connecticut, Rhode Island, Massachusetts, and New Hampshire, for one year, from the first of June, 1814, praying relief in the settlement of his accounts, for reasons stated in the petition; which was read; and referred to the Committee on Claims.

Mr. DICKERSON submitted the following motion for consideration:

Resolved, That a committee of three members be

appointed, who, with three members of the House of Representatives, to be appointed by that House, shall have the direction of the money appropriated to the purchase of books and maps for the use of the two Houses of Congress.

STANDING COMMITTEES.

The Senate then, according to the order of the day, proceeded to the appointment (by ballot, agreeably to the practice of the Senate,) of the standing committees; and they were successively appointed, as follows:

On Foreign Relations-Messrs. BARBOUR, BROWN, of Louisiana, MACON, KING, of New York, ELLIOTT.

On Finance-Messrs. LowRIE, HOLMES, of Maine, VAN BUREN, EATON, MACON.

On Commerce and Manufactures-Messrs. DICKERSON, RUGGLES, D'WOLF, FINDLAY, LANMAN. On Military Affairs-Messrs. WILLIAMS, of Tennessee, CHANDLER, TAYLOR, JOHNSON, of Kentucky, ELLIOTT.

On the Militia-Messrs. NOBLE, SEYMOUR, STOKES, LANMAN, CHANDLER.

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On Naval Affairs-Messrs. PLEASANTS, WILLIAMS, of Mississippi, PARROTT, WARE, LLOYD, of Massachusetts.

On the Public Lands-Messrs. VAN DYKE, THOMAS, LOWRIE, EATON, BENTON.

On Indian Affairs-Messrs. JOHNSON, of Louisiana, JOHNSON, of Kentucky, HOLMES, of Mississippi, KING, of Alabama, BENTON.

On Claims-Messrs. RUGGLES, BOARDMAN, VAN DYKE, BARTON, MORRIL.

On Pensions-Messrs. NOBLE, SEYMOUR, EATON, WARE, ELLIOTT.

On the District of Columbia-Messrs. BARBOUR, LLOYD, of Maryland, D'WOLF, SOUTHARD, LAN

DECEMBER, 1822.

the purchase of a number of copies of the sixth volume of the Laws of the United States.

Mr. LLOYD, of Massachusetts, called up the petition, presented at the last session of Congress, of Walley and Foster, praying the benefit of drawback on pepper, exported. The petition was read, and referred to the Committee on Finance. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States:

On the Judiciary-Messrs. SMITH, SOUTHARD, Recent information of the multiplied outrages and VAN BUREN, HOLMES, of Maine, BROWN, of Ohio. depredations which have been committed on our seaOn the Post Office and Post Roads-Messrs. PAL-men and commerce, by the pirates, in the West InMER, STOKES, BARTON, CHANDLER, KING, of Al- dies and Gulf of Mexico, exemplified by the death of abama. a very meritorious officer, seems to call for some prompt and decisive measures on the part of the Government. All the public vessels adapted to that service, which can be spared from other indispensable duties, are already employed in it; but, from the knowledge which has been acquired of the places from whence these outlaws issue, and to which they escape from danger, it appears that it will require a particular kind of force, capable of pursuing them into the shallow waters to which they retire, effectually to suppress them. I submit to the consideration of the Senate the propriety of organizing such force for that important object. JAMES MONROE. WASHINGTON, December 9, 1822.

MAN.

On the Contingent Expenses of the Senate-Messrs. MACON, LOWRIE, LANMAN.

TUESDAY, December 10.

ELIJAH H. MILLS, from the State of Massachusetts; and, also, THOMAS H. BENTON, from the State of Missouri, severally attended this day. Mr. PLEASANTS called up the petition, heretofore presented, of Joseph Janney, praying compensation for buildings, and other property, destroyed by the enemy during the late war with Great Britain, in consequence of the occupancy thereof by the militia; and the petition was read, and referred to the Committee of Claims.

Mr. JOHNSON, of Louisiana, gave notice that to-morrow he should ask leave to introduce a bill to enable the holders of French, British, and Spanish titles to lands within the State of Louisiana, which have not been recognised as valid by the Government of the United States, to institute proceedings to try the validity thereof, and for other purposes.

Mr. JOHNSON, of Kentucky, presented the memorial of Edward De Krafft, praying the aid of Congress to a proposed publication, comprising a selection of public documents. The memorial was read, and referred to the Committee on the Judiciary.

Mr. KNIGHT called up the petition, presented at the last session of Congress, of Jacob Babbitt, merchant, of the port of Bristol, in the State of Rhode Island, praying the remission of duties on a large quantity of sugar, which was totally destroyed by the great storm on the 23d of September, 1815, as stated in the petition; which was read, and referred to the Committee on Finance. Mr. BARTON presented the petition of a number of the citizens of Lillard and Ray counties, in the State of Missouri, praying the division of the present Howard Land District, and the establishment of an additional land office; the petition was read, and referred to the Committee on Public Lands.

Mr. PARROTT gave notice that to-morrow he should ask leave to introduce a bill to authorize

The Message was read, and referred to the Committee on Naval Affairs.

The following Message was also received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States:

the 22d February last, "requesting the President of In compliance with a resolution of the Senate, of the United States to cause to be collected and communicated to the Senate, at the commencement of the next session of Congress the best information which he may be able to obtain, relative to certain Christian Indians, and the lands intended for their benefit, on the Muskingum, in the State of Ohio, granted under an act of Congress of June 1st, 1790, to the Society of the United Brethren for propagating the Gospel among the Heathen; showing, as correctly as possible, the advance or decline of said Indians in numbers, morals, and intellectual endowments; whether the lands have inured to their sole benefit, and if not, to whom, in whole or in part, have such benefits accrued;" I transmit a report from the Secretary of War, with the accompanying documents.

JAMES MONROE. WASHINGTON, December 9, 1822. The Message and accompanying documents were read, and ordered to be printed for the use of the Senate.

The Senate resumed the consideration of the resolution for the appointment of a joint committee on the arrangements for the Library of Congress; and, having agreed thereto, Messrs. DICKERSON, ELLIOTT, and MILLS, were appointed the committee on the part of the Senate.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

I now transmit to both Houses of Congress, the report of the Commissioner of Public Buildings, made

12

DECEMBER, 1822.

Imprisonment for Debt.

SENATE.

in obedience to a resolution of the Senate, passed the much honor and glory as any one act of her ad28th day of January, 1818.

DECEMBER 10, 1822.

JAMES MONROE.

The Message and accompanying report were read, and referred to the Committee on the District of Columbia.

Mr. BARTON submitted the following motion for consideration :

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of making further provisions, by law, regulating the leasing and working of the lead mines of the United States. Agreeably to notice, Mr. BARTON asked and obtained leave to introduce a bill concerning the lands granted to the State of Missouri for the purpose of education and other public uses. The bill was read, and passed to the second reading. On motion by Mr. VAN BUREN, the petition of Ebenezer Stevens and others, praying the adjustment of their claim against the United States, presented on the 3d instant, was referred to the

Committee of Claims.

IMPRISONMENT FOR DEBT. Agreeably to notice, Mr. JOHNSON, of Kentucky, having obtained leave, introduced a bill to abolish imprisonment for debt, by the courts of the United States; and the bill was twice read by general consent, and referred to the Committee on the Judiciary.

ministration since her admission into the Union. Mr. J. said he was anxious to see this system adopted by Congress, and extended to every branch of the Federal Judiciary, that the liberty of the citizen might be secure, and the public confidence increase in that branch of the General Government. He believed that the right of the States to exercise such a power had not been questioned. In fact, it had been decided by the Supreme Court of the United States, in the case of Sturgis vs. Crowninshield, that a State had the right to pass laws releasing the body of the debtor from imprison

ment.

Mr. KING, of New York, here suggested whether it was in order to enter into a discussion of the merits of the bill in this stage of its progress.

Mr. JOHNSON replied that he had intended merely to submit a few introductory general views of the subject. If, however, his remarks were unacceptable to the Senate, or uninteresting to the gentleman from New York, he would give way to any other business-he would give way to the gentleman from New York.

Mr. KING felt certainly no indisposition to hear the remarks of Mr. J., but he thought them not strictly in order.

Mr. JOHNSON said he would proceed, as nothing else appeared to claim the attention of the Senate. He was about to remark upon the operation of the system in Kentucky; and the difficulties that had Mr. JOHNSON, of Kentucky, said, that, in pur- arisen there from the emanation of the ca. sa. from suance of notice given on a former occasion, he the Federal Judiciary, the law of that State to the would now ask leave to introduce a bill to abolish contrary notwithstanding. Very early after the imprisonment for debt. He was prepared to have organization of the Federal Government, Conpresented it yesterday, but he did not wish to inter- gress had adopted the execution laws of each rupt the course of business then before the Senate. State, to be the rule of government for its courts, He did not intend, now, to make many remarks located in the several States. The execution laws on this motion, reserving to himself the privilege of the several States were widely different. Durof investigating the subject more fully, when its ing the late troubles in Kentucky it was made a merits should be more properly before the Senate. question, what was the intention of Congress in He was happy to learn, he said, that he should relation to this subject? Whether it was intended have assistance in his exertions from some honor- to recognise the execution laws then in force, and able members, whilst he expected opposition from make them like the laws of the Medes and Perothers. The subject had been before Congress two sians, irrevocable; or to recognise and conform or three sessions previous, and the uniform result to the systems of the different States, as they had been favorable reports from select committees, should be modified. Although a diversity of opinto whom it had been referred, without any final ion existed among the most eminent counsel of decision, for the want of time. He hoped, at the the State, the Federal Court in Kentucky had present session, the measure would be adopted or decided that the execution laws of the State, as decisively rejected. Mr. J. said, he was actuated modified, were to control the Federal Court proby several considerations in making this motion. cess. He believed this a correct decision. Since The most important was a thorough conviction the passage of the law abolishing imprisonment of the propriety of the measure. Another induce- for debt, application had been made to the Fedement was, that it accorded with the sentiments of ral Court in Kentucky for the ca. sa. The court the State which he had the honor in part to rep-refused to grant it, and an appeal had been taken resent. The Kentucky Legislature had already adopted the measure; and though her relief measures had produced some discontent with distant journals, still this part of her system had met with something like general approbation, so far as he could ascertain public sentiment. He had no doubt time would prove the justice, and wisdom of her whole system, but in relation to this particular branch of it, (he meant the abolishing of imprisonment for debt,) it gave her claims to as

to the Supreme Court. After this decision of the court, that the body of the debtor could not be taken, he was surprised to find that instances had occurred in which the clerk of the court had issued the ca. sa., and it had been executed by the deputy marshal. Mr. J. was convinced, from the information he had received, that this procedure had taken place in consequence of some misunderstanding as to the extent of the opinion of the court; and he hoped the practice would conform

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to the statutes of the States, until the ultimate decision of the Supreme Court, or until it could be ascertained whether Congress would expressly, by law, abolish imprisonment for debt; or whether they would modify the law and make it more definite and precise. He was happy to believe that public sentiment was in favor of this measure; and he conceived this sentiment to be something like an instruction to Congress. He was happy to find that the Governor of South Carolina, in his excellent message, had recommended this subject to the consideration of the Legislature of that State.

DECEMBER, 1822.

Mr. LLOYD, of Massachusetts, submitted the following motion for consideration:

Resolved, That the Secretary of the Treasury be requested to lay before the Senate a statement, exhibiting the amount, in the aggregate, of the goods, wares, and merchandise, exported from the United States to France, and imported from thence, in each year, from and after the year 1814, to the year 1820; discriminating, in the exports, between articles of the growth, produce, or manufacture of the United States, and those of foreign countries; and, also, stating the national character of the vessels in which such exports and imports have been made.

THURSDAY, December 12.

Mr. BARBOUR presented the petition of Rebecca

Mr. J. concluded, by expressing a hope that, in offering these brief views, he had not trespassed on the rules of the Senate. The remarks he had offered were not for the pleasure of talking, but were drawn from him by a sense of duty-Hodgson, widow and representative of Joseph believing that the importance of the subject demanded the early attention of Congress.

WEDNESDAY, December 11.

JAMES D'WOLF, from the State of Rhode Island and Providence Plantations, attended this day.

Mr. TALBOT submitted the following motions for consideration:

Resolved, That so much of the President's Message as relates to the repairs, preservation, and superintendence of the national road from Cumberland to Wheeling, be referred to a select committee, with leave to report by bill or otherwise.

Resolved, That that part of the President's Message which recommends the adoption of an amendment to the Constitution of the United States, which shall vest in the Congress thereof, powers adequate to the adoption and carrying into effect a system of internal improvements throughout the Union, be referred to a select committee to consider and report thereon.

The Senate resumed the consideration of the motion of the tenth instant, for instructing the Committee on Public Lands to inquire into the expediency of making further provisions, by law, regulating the leasing and working the lead mines of the United States, and agreed thereto.

On motion, by Mr. LowRIE, the Message from the President of the United States, together with the accompanying report of the Secretary of War, on the number, value, and position, of the copper mines, on the southern shore of Lake Superior, was referred to the Committee on Public Lands, to consider and report thereon.

Agreeably to notice given, Mr. JOHNSON, of Louisiana, asked and obtained leave to introduce a bill to enable the holders of French, British, and Spanish titles to lands within the State of Louisiana, which have not been recognised as valid by the Government of the United States, to institute proceedings to try the validity thereof, and for other purposes. The bill was read, and passed to the second reading.

The bill concerning the lands to be granted to the State of Missouri for the purposes of education, and for other purposes, was read the second time, and referred to the Committee on Public Lands.

Hodgson, deceased, praying the payment of interest on a sum allowed to her. The petition was read, and referred to the Committee of Claims.

On motion, by Mr. BARBOUR, So much of the Message of the President of the United States as respects our relations with foreign nations, was referred to the Committee on Foreign Relations, to consider and report thereon.

Mr. HOLMES, of Mississippi, called up the petition of John M. Whitney, and John Snodgrass, in behalf of the legal representatives of Alexander Montgomery, deceased, praying that a law may be passed, directing a warrant to be issued to them for a quantity of land, in the State of Mississippi, as an indemnity for a like quantity of their land improperly disposed of by the register and receiver of the land office west of Pearl river; and the petition was read, and referred to the Committee on Public Lands.

Mr. RUGGLES presented the petition of Daniel Seward, stating that he purchased a tract of land of the United States, lying in the State of Ohio, and that a part thereof hath been taken from him by judicial process, and praying a reimbursement of the money paid for such part, together with the amount of his costs, and other expenses, in defending the same; the petition was read, and referred to the Committee on Public Lands.

Mr. RODNEY submitted the following motion for consideration:

Resolved, That the Committee on the Judiciary be directed to inquire into the expediency of continuing in force the act, entitled "An act to protect the commerce of the United States, and to punish the crime of piracy;" and, also, of making such further provisions on the subject as may be deemed proper for the security of our citizens, the safety of our commerce, and the punishment of the offence.

The PRESIDENT communicated the petition of Alexander and Sylvester Humphrey, praying indemnification for damages to a wharf, which they had contracted to build for the United States, on Staten Island, as stated in the petition; which was read, and referred to the Committee on Commerce and Manufactures.

The Senate resumed the consideration of the motion of Mr. LLOYD, of the 11th instant, requesting certain information relative to exports and

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imports, to and from France; and the same having been modified, was agreed to, as follows:

SENATE.

hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated; which sum shall be used by the President in providing such an additional force as in his judgment shall be best cal

Resolved, That the President of the United States be requested to cause to be laid before the Senate a statement, exhibiting the amount, in the aggregate, ofculated to answer the end aforesaid. the goods, wares, and merchandise, exported from the United States to France, and imported from thence, in each year, from and after the year 1814 to the year 1820; discriminating, in the exports, between articles of the growth, produce, or manufacture of the United States, and those of foreign countries; and also stating the national character of the vessels in which such exports and imports have been made.

Mr. EATON called up the petition, presented at the last session of Congress, of the executors of the last will and testament of Thomas Carr, of Georgia, deceased, praying compensation for certain land. The petition was read, and referred to the Committee on Public Lands.

Mr. D'WOLF gave notice that he should, on Monday, ask leave to introduce a bill to allow a drawback on the exportation of cordage manufactured in the United States from foreign hemp.

Mr. PARROTT, agreeably to notice which he had previously given, and having obtained leave, introduced a bill to authorize the purchase of five hundred and fifty copies of the sixth volume of the digested Laws of the United States, published by Davis & Force; and the bill was read.

The resolution yesterday submitted by Mr. TALBOT, to refer to a select committee so much of the President's Message as relates to the repair and preservation of the Cumberland Road, was taken up and agreed to; and Messrs. TALBOT, EDWARDS, MILLS, RODNEY, and KING, of New York, were chosen the committee.

The second resolution, submitted yesterday by Mr. TALBOT, was also agreed to.

On motion of Mr. BARTON, that part of the President's Message which relates to the lead mines of the United States, was referred to the Committee on the Public Lands.

Mr. JOHNSON, of Louisiana, submitted the following resolution for consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of modifying the Judiciary system of the United States so as to make it uniform throughout the Union, by establishing circuit courts in the new States.

Mr. HOLMES, of Maine submitted the following resolution for consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law for the better security of the public moneys in the hands of clerks of courts and attorneys, marshals, and their deputies.

SUPPRESSION OF PIRACY.

Mr. PLEASANTS, from the Committee on Naval Affairs, reported the following bill, which was twice read by general consent:

Be it enacted, &c., That, for the purpose of enabling the President of the United States to afford more efficient protection to the commerce of the United States, from the depredations of pirates in the Gulf of Mexico and the West India seas, the sum of dollars is

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[Accompanying this bill, Mr. PLEASANTS laid before the Senate a communication from the Secretary of the Navy to the Chairman of the Naval Committee, furnishing estimates of the additional force deemed necessary for the suppression of piracy, and the expense thereof. The Secretary, having the concurring opinion of the Navy Board in its favor, recommends an additional force, of

First, 1 steamboat of 90 to 120 tons, to carry two 18 pounders, and two 12 pounders, upon travelling carriages, so as to fire from any part of the vessel. Second, 10 fast sailing schooners, of 45 to 60 tons burden, to draw not more than 5 to 7 feet water; each to be armed with one long 12 or 18 pounder, mounted on a circle, with two 12 pound carronades, with the necessary number of small arms; to row from 20 to 24 sweeps: and, Third, 5 light double bark cutters, each to row 20 oars, and adapted to carry 40 men, well armed with muskets, pistols, boarding pikes, cutlasses, &c.

The whole cost of procuring these additional vessels and of equipping and fitting them for service, is estimated at $44,000.]

Massachusetts, respectively, gave notice that they Mr. JOHNSON, of Kentucky, and Mr. LLOYD, of should ask leave, on Monday, to introduce bills, the former a bill for the relief of George Shannon, and the latter a bill for the relief of Walley and Foster.

MONDAY, December 16.

The PRESIDENT communicated a letter from JAMES PLEASANTS, notifying the resignation of his seat in the Senate, which was read.

On motion, by Mr. BARBOUR, the President was requested to notify the Executive of the State of Virginia of this resignation.

Mr. LowRIE, from the Committee on Finance, to which the subject was referred, reported a bill for the relief of Samuel H. Walley and Henry G. Foster; and the bill was read, and passed to the second reading.

Mr. HOLMES, of Maine, from the same committee, to whom the subject was referred, reported a bill for the relief of Jacob Babbitt; and the bill was read, and passed to the second reading.

Agreeably to notice given, Mr. D'WOLF asked and obtained leave to introduce a bill allowing a drawback on the exportation of cordage manufactured in the United States from foreign hemp; and the bill was read, and passed to the second reading.

Agreeably to notice given, Mr JOHNSON, of Kentucky, asked and obtained leave to introduce a bill for the benefit of George Shannon. The bill was read, and passed to the second reading.

Mr. RODNEY presented the memorial of Benjamin I. Shain, master of the schooner Ajax, stating that, whilst at the Havana, an unprovoked and murderous outrage and robbery was committed on the person and property of the memorialist and

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